Personal Injury Board vs solisitor

nialo

Hey all,

in a car accident a month or so ago. Looking to put a personal injury claim together. Is there a benefit of getting a solicitor over going to the injuriesboard.ie directly? or what are the pluses of getting a solicitor to deal with the case?

Cheers for any advice.

Pat Mustard

I suggest you search the forum for previous threads. There are at least a few threads on this subject.

There are plenty of people who are willing to tell you that they went through the Injuries Board process themselves, without a solicitor. Those people are very unlikely to have had an accurate way of knowing whether they got value for money.

It boils down to whether you want to get professional advice and ensure that you get properly compensated, or not.

Mr. Incognito

Paying for a solicitor ensures that you get their experience of what a fair settlement should be based on experience.

On your own you can get the book of quantum but it's inaccurate in a lot of scenarios

xxlauraxxox

been honest i know a solister is expensive and will prob take roughly 2k of the settlement but been honest its well worth it id be lost without my solister i couldnt handle the stress of the ongoing process and he pays for any specalists and scans and psyio i need as i honestly cnt afford the 65e a week psyio and seen a doc every two weeks for certs for work and tablets and these things can go pear shaped as well my advice would be get one but its totally up to you best of luck and i hope you feel ok soon

kennM

I'd second Lauras viewpoint here....

In the most simplistic situations you can probably get by without a solicitor but, as many people will say, its seldom that an injuries case is straight forward.

o1s1n

I went with PIAB over something a few years back. After a year assessing my case, their conclusion was for me to contact a solicitor.

defforirl

My wife recently completed the PIAB process using a solicitor, due to the procrastination, unprofessionalism, lack of honesty and ridiculous fee charged for an administration process that 90% of which is done by the the PIAB for no fee what so ever, she would def recomend to anyone not to go with a solicitor.

nialo

Cheers for the replies. kinda 50 50 as to which is the way to go. Probably go with a solicitor as i don't have time to be dealing with it myself.
Thanks

Procrastastudy

nialo wrote: »

Cheers for the replies. kinda 50 50 as to which is the way to go. Probably go with a solicitor as i don't have time to be dealing with it myself.
Thanks

Just bear in mind a solicitor is your employee as such. It astounds me the amount of people that run with incompetent and just plain poorly mannered solicitors. I don't know if its a deference thing like it is with doctors.

i) Shop around and try and get recommendations
ii) Realise they have other clients and you have to pay for the time you use but;
iii) that solicitors are epicly good at being chancers, dodging calls and what not when they need to be - hence a local firm is always best (you can see the little beggars in their office!)
iv) get a layout of costs beforehand but be aware there may be costs along the line. If in doubt ask for it in writing and ask as many questions as you need to.
v) if they're crap act quickly and don't leave it on the long finger. Be upfront with them from the beginning that you'll want to be kept updated every x weeks or what ever.

valleyoftheunos

nialo wrote: »

Cheers for the replies. kinda 50 50 as to which is the way to go. Probably go with a solicitor as i don't have time to be dealing with it myself.
Thanks

Find a solicitor that someone you know has used and was happy with. Be prepared to pay for their time and to have to pay for certain outlays along the way. Beware of anyone who promises you the Sun, Moon and Stars.

A solicitor will know exactly what is involved with PIAB, will be able to advise you how best to make your claim, handle it best and get the best result for you.

thebiglad

Depends on what is wrong with you - if it is purely soft tissue ('whiplash') do not waste your money on a Solicitor - you simply don't need it, PIAB will fairly assess your claim.

A Solicitor will charge you and will have no influence on the level of damages PIAB offer you.

By the way you must go through PIAB for any injury claim and once PIAB or the Insurer of the other party have ruled or declined to have the matter assessed then you will get a legal release (at which point Solicitor fees are payable by the insurer if they pay you ANY damages).

thebiglad

valleyoftheunos wrote: »

A solicitor will know exactly what is involved with PIAB, will be able to advise you how best to make your claim, handle it best and get the best result for you.

Or check out the PIAB website - it is about as difficult as applying for a passport...

Fill in a form, get GP to sign it and send a cheque (all of which you need to do even if a Solicitor is instructed for you).

valleyoftheunos

thebiglad wrote: »

Or check out the PIAB website - it is about as difficult as applying for a passport...

Fill in a form, get GP to sign it and send a cheque (all of which you need to do even if a Solicitor is instructed for you).

There is a little more to it than that but in fairness a Solicitor isn't necessary. Having said that for many claims the PIAB is just the starting point.

ResearchWill

thebiglad wrote: »

Or check out the PIAB website - it is about as difficult as applying for a passport...

Fill in a form, get GP to sign it and send a cheque (all of which you need to do even if a Solicitor is instructed for you).

Well of it was that simple you would know 1 the GP does not sign any form and 2 the GP in fact supplies a medical report for which he or she will want to be paid before they give it to you.

Many Solicitors will pay the application fee and for the medical report, many solicitors will pay for medical apointments. Solicitor will advise on value. If PIAB request you go to a PIAB appointed doctor your solicitor can advice you what to expect and in fact if you should even go to the PIAB doctor.

blueythebear

thebiglad wrote: »

Or check out the PIAB website - it is about as difficult as applying for a passport...

Fill in a form, get GP to sign it and send a cheque (all of which you need to do even if a Solicitor is instructed for you).

This is overly simplistic. Where an injury is suffered and it resolves itself fully within a short time, then a personal PIAB application may be suitable (presuming liability is fully admitted). However for more serious accidents or accidents which may not resolve themselves in a short time (or where there are multiple injuries and ongoing sequelae / consequences), a solicitors assistance iis vital.

It may cost in the region of €2,000 plus VAT but it's a no-brainer if your solicitor can achieve a much higher settlement for you. A solicitor is negotiating from a position of much greater strength due to their experience and knowledge.

In many cases, a seemingly simple accident can turn out to be a complex claim that would not be suitable for a personal application. PIAB are not necessarily interested in fair awards. They are interested in keeping costs down so the deck is somewhat stacked against the applicants from the off.

JackieBurke

Once the other lads insurance company cops on that you are not legally represented expect to get low ball offers just to get rid of you.

defforirl

JackieBurke wrote: »

Once the other lads insurance company cops on that you are not legally represented expect to get low ball offers just to get rid of you.

They cant low ball unless you go to court. The PIAB assess the injuries and decides on a 'fair' level of compensation, If you agree with the PIAB's recomendation they issue an order to pay which is legally binding, the other lads insurance company have no choice but to issue a cheque for the amount (as long as they dont appeal it which very rarely happens)

thebiglad

blueythebear wrote: »

This is overly simplistic. Where an injury is suffered and it resolves itself fully within a short time, then a personal PIAB application may be suitable (presuming liability is fully admitted). However for more serious accidents or accidents which may not resolve themselves in a short time (or where there are multiple injuries and ongoing sequelae / consequences), a solicitors assistance iis vital.

It may cost in the region of €2,000 plus VAT but it's a no-brainer if your solicitor can achieve a much higher settlement for you. A solicitor is negotiating from a position of much greater strength due to their experience and knowledge.

In many cases, a seemingly simple accident can turn out to be a complex claim that would not be suitable for a personal application. PIAB are not necessarily interested in fair awards. They are interested in keeping costs down so the deck is somewhat stacked against the applicants from the off.

See my post immediately prior to the one you quoted, I said that if the injury is minor then PIAB is the way to go - this point was a follow up to that covering the process is extremely straightforward.

ResearchWill

defforirl wrote: »

They cant low ball unless you go to court. The PIAB assess the injuries and decides on a 'fair' level of compensation, If you agree with the PIAB's recomendation they issue an order to pay which is legally binding, the other lads insurance company have no choice but to issue a cheque for the amount (as long as they dont appeal it which very rarely happens)

Insurance/respondent can not appeal once they accept PIAB can assess. When PIAB make an assessment they inform both parties the Plaintiff must positively accept the insurance company must positively refuse once they refuse even if Plaintiff accepts the matter goes to court.

31.—(1) If the claimant fails to state in writing, in response to the notice under section 30, within the period specified in it, whether or not he or she accepts the assessment he or she shall be deemed not to have accepted it.
(2) If a respondent fails to state in writing, in response to the notice under section 30, within the period specified in it, whether or not he or she accepts the assessment, he or she shall be deemed to have accepted it.

ResearchWill

thebiglad wrote: »

See my post immediately prior to the one you quoted, I said that if the injury is minor then PIAB is the way to go - this point was a follow up to that covering the process is extremely straightforward.

Legally no matter how small or big PIAB is the only way to go (certain exceptions) the question is when going to PIAB do I want a expert to help me. Of course one issue to consider is possible value because very low value case can cost as much as a big case. But size is only one consideration, the others are ability, being able to distance yourself from the personal and knowing what is important.

defforirl

ResearchWill wrote: »

Insurance/respondent can not appeal once they accept PIAB can assess. When PIAB make an assessment they inform both parties the Plaintiff must positively accept the insurance company must positively refuse once they refuse even if Plaintiff accepts the matter goes to court.

31.—(1) If the claimant fails to state in writing, in response to the notice under section 30, within the period specified in it, whether or not he or she accepts the assessment he or she shall be deemed not to have accepted it.
(2) If a respondent fails to state in writing, in response to the notice under section 30, within the period specified in it, whether or not he or she accepts the assessment, he or she shall be deemed to have accepted it.

Ok......thanks for the legal jargon but its irrelevant to the point I was making - they cant try to low ball you unless the case goes to court.

JackieBurke

A certain insurance company were well known for settling cases before the PIAB even assessed them.

They would approach claimants with cheque book in hand, getting the claimant to settle on the spot. Withdrawing from PIAB was a condition of such an offer. If the claimant didn't accept they made suggestions that they would reject the piab offer and force you to court.

Now do you see how you could be low balled?

defforirl

JackieBurke wrote: »

A certain insurance company were well known for settling cases before the PIAB even assessed them.

They would approach claimants with cheque book in hand, getting the claimant to settle on the spot. Withdrawing from PIAB was a condition of such an offer. If the claimant didn't accept they made suggestions that they would reject the piab offer and force you to court.

Now do you see how you could be low balled?

I wont flatly deny that this is the case as I cant say for for 100% certainty however sounds like an urban myth to me, cant ever see a financial officer from an insurance company making unsolicited house calls. If it did happen to me they'd get a door slammed in their face before they could finish the first sentance.

ResearchWill

defforirl wrote: »

I wont flatly deny that this is the case as I cant say for for 100% certainty however sounds like an urban myth to me, cant ever see a financial officer from an insurance company making unsolicited house calls. If it did happen to me they'd get a door slammed in their face before they could finish the first sentance.

I can confirm it did happen, spoke to a solicitor who had a client who's child was in a accident, insurance company turned up and gave money. When solicitor was told he wrote to insurance company thanking them for the ex-gratia payment but the claim was live as the matter was never ruled. Lol backfired on insurance company. But it defo is true a certain company used to turn up on the door and do deals.

McCrack

defforirl wrote: »

I wont flatly deny that this is the case as I cant say for for 100% certainty however sounds like an urban myth to me, cant ever see a financial officer from an insurance company making unsolicited house calls. If it did happen to me they'd get a door slammed in their face before they could finish the first sentance.

Well now you have demonstrated that you do not know what youre talking about.

Take it from those of us around here that are involved in personal injury work that yes insurance companies do this and it sometimes works.

I've said this before many times here and I'll repeat it again; PIAB are a pawn of the insurance industry and they are financed by the insurance industry.

If you or any injured person does not want to get shafted by PIAB then obtain independant and professional advice (solicitor).

If you or any injured person wishes to obtain a fair and true value level of compensation for your injuries and out of pocket expenses consult with a solicitor.

It's a no brainer.

McCrack

Another point I should have said that a full value level of award will never be gotten if the injured person irrespective whether they instructed a solicitor accepts a PIAB assessment.

To obtain a fair level of compensation one must go to the courts which PIAB seek to block at any opportunity. Also bear in mind every person on this island has a constitutional right to the courts to have their matter heard and determined by an independent person. PIAB tries its best to stop that right.

Any solicitor worth his salt will advise non cooperation with PIAB ie do not attend their medicals. Get it in and get it out as quick as possible.

defforirl

McCrack wrote: »

Well now you have demonstrated that you do not know what youre talking about.

Take it from those of us around here that are involved in personal injury work that yes insurance companies do this and it sometimes works.

I've said this before many times here and I'll repeat it again; PIAB are a pawn of the insurance industry and they are financed by the insurance industry.

If you or any injured person does not want to get shafted by PIAB then obtain independant and professional advice (solicitor).

If you or any injured person wishes to obtain a fair and true value level of compensation for your injuries and out of pocket expenses consult with a solicitor.

It's a no brainer.

Ok calm down keyboard warrior, as I said I did not deny that it doesnt happen, just that that it sounds very unlikely to me - I am not involved in personnel injury work. Either way it sounds a very underhanded way to do business.
I am a professional, I have never had anyone attempt to sue me or had anyone complain about the service I provide as I believe you should always behave in a professional and courteous manner......especially to your clients.
I have had to deal with solicitors on numerous occasions and sometimes given them technical advice or have compiled reports for them. For the most part I have found them to be professional, intelligent and very competent.
I am not trying to attack the solicitors profession as a whole, but like in any profession there are bad apples. I only wish I had found a 'professional' when I needed one, if I had I most likely wouldn't be on the legal forum.

Pat Mustard

defforirl wrote: »

I wont flatly deny that this is the case as I cant say for for 100% certainty however sounds like an urban myth to me, cant ever see a financial officer from an insurance company making unsolicited house calls. If it did happen to me they'd get a door slammed in their face before they could finish the first sentance.

Naming no names, there is a company whose employees will make house calls in a bid to settle personal injury actions before injured people have had an opportunity to take professional advice.

It's one thing if the injured party eventually makes a full recovery from his injuries. It's another thing when the injured party is cajoled into accepting inadequate compensation for an injury which may end up requiring expensive medical or dental treatment, or if the problem ends up causing chronic pain and trouble over a period of years, or even decades.

Mindful of the old proverb, even lawyers retain other lawyers to bring personal injury actions on their behalf.