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Injuries Board Decision - Court

  • 06-06-2017 7:10pm
    #1
    Registered Users, Registered Users 2 Posts: 1,192 ✭✭✭


    Hi all, quick one.

    If the injuries board recommends X amount of compensation for an accident and the respondent (person \ s supposedly at fault) doesnt accept the boards recommendation and the case goes to court, does having the board already after making a recommendation usually hold sway in the final judgement or do judges often dismiss the injuries boads recommendation.

    Thank you for any experiences or information shared on this.


Comments

  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    vixdname wrote: »
    Hi all, quick one.

    If the injuries board recommends X amount of compensation for an accident and the respondent (person \ s supposedly at fault) doesnt accept the boards recommendation and the case goes to court, does having the board already after making a recommendation usually hold sway in the final judgement or do judges often dismiss the injuries boads recommendation.

    Thank you for any experiences or information shared on this.

    The Injuries board only makes assement on the basis the liability is not an issue. If the matter goes to court there is nothing to stop the Defendant raising any and all defences available including liability.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    The judge isn't told whether PIAB have an assessment or what any assessment was until after the case, and even then, only if the plaintiff failed to beat the assessment.

    The PIAB assessment is the very definition of prejudicial evidence at the trial of any personal injury action.


  • Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    No names, but I have noticed several HC judgments where the trial judge has observed that the Book of Quantum was of no assistance whatsoever in assessing damages :) Fill in the blank space...........


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