Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Another piab question - 38'000 Limit?

  • 11-05-2018 7:00am
    #1
    iAmTheNewbie
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi, I was involved in accident (not motor accident) where I ended up with:
    1) Three fractured Vertebrae bones (T11, T12, L1)
    2) 3 Broken Ribs
    3) Permanent nerve damage to head (Now I don't feel any sensation on top of my head)

    (GP said that spine will heal but pain will remain indefinitely from mild-moderate)

    From checking around and searching - Personal Injuries Board seems to be the place to go to, from checking other threads - average payout seems to be in around €25'000 - €30'000 area.

    But I also came across a thread here on boards.ie where someone mentioned:

    "38,000 is the high court limit"

    So my question is - What's the difference in those two cases? If I get offered more than €38'000 - legal costs will be higher and if less- then legal costs will be lower?


    Thank You.


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,778 Admin ✭✭✭✭✭hullaballoo


    Moderator: I have deleted a post that is completely irrelevant to the OP's problem and only serving one purpose - to mount an attack on the OP. We need to be clear on this. Such posts are not welcome in this forum, which is for the discussion of the law and not moralising about whether or not someone is entitled to be compensated. That is for the courts to decide.


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,778 Admin ✭✭✭✭✭hullaballoo


    OP, I am not sure whether you've initiated a claim with PIAB yet but just to give you some ideas to work with.

    Firstly, the injuries you have described are serious. You do not have a workable prognosis at this point i.e., you don't know when/if you'll recover from your injuries. As such, it's impossible as of today to assess the value of your claim.

    Secondly, you don't need to worry at the PIAB stage what value your claim is. They will assess what they think it's worth. If you believe it is worth more, you can bring a claim before the courts. At that point, the relevant jurisdictional limits come in to play. Of note is that the limit in the Circuit Court is now €60,000.

    Finally, consulting a solicitor who is experienced in this area, even prior to submitting a PIAB claim is the best advice anyone can give you. I would say that the figures you have put forward in your OP do not match up with the reality of your injuries. That's as far as I can safely put things here but again, I'd recommend in the strongest possible terms that you consult a solicitor.


  • #4
    iAmTheNewbie
    Registered Users, Registered Users 2 Posts: 3 ✭iAmTheNewbie


    hullaballoo wrote: »
    OP, I am not sure whether you've initiated a claim with PIAB yet but just to give you some ideas to work with.

    Firstly, the injuries you have described are serious. You do not have a workable prognosis at this point i.e., you don't know when/if you'll recover from your injuries. As such, it's impossible as of today to assess the value of your claim.

    Secondly, you don't need to worry at the PIAB stage what value your claim is. They will assess what they think it's worth. If you believe it is worth more, you can bring a claim before the courts. At that point, the relevant jurisdictional limits come in to play. Of note is that the limit in the Circuit Court is now €60,000.

    Finally, consulting a solicitor who is experienced in this area, even prior to submitting a PIAB claim is the best advice anyone can give you. I would say that the figures you have put forward in your OP do not match up with the reality of your injuries. That's as far as I can safely put things here but again, I'd recommend in the strongest possible terms that you consult a solicitor.

    hi hullaballoo, thank you for your reply - I have not initiated claim yet I am still looking into these things just to familiarize myself with process, it seems pretty complicated so I might indeed find a solicitor who specializes in these things.

    So am I correct to assume that when PIAB assesses it - they will make initial proposal of the sum and then it is up to me/solicitor to either accept it and proceed to court with that or proceed to court with increased/different figure?


  • #5
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,778 Admin ✭✭✭✭✭hullaballoo


    Yes, mostly correct. It's a complex enough system even though it was supposed to make things easier.

    A few other variables can happen. The defendant may refuse to have the injury assessed, in which case you have to proceed to court (or abandon your claim.) PIAB might decline to assess the injury, particularly where the injury is ongoing and there is no clear prognosis available - in that case, again you have to proceed to court.

    PIAB provide an authorisation to proceed to court if they cannot assess or the assessment is refused by any party.

    If PIAB give an assessment that all parties accept, then they issue an order to pay, the amount is paid and that's the end of the case with no need to go to court (assuming you're an adult.)

    If you are proceeding to court because there is no assessment or it has been refused, your lawyers will decide whether to sue in the Circuit or High Court based on their experience and expertise.


  • #6
    iAmTheNewbie
    Registered Users, Registered Users 2 Posts: 3 ✭iAmTheNewbie


    hullaballoo wrote: »
    Yes, mostly correct. It's a complex enough system even though it was supposed to make things easier.

    A few other variables can happen. The defendant may refuse to have the injury assessed, in which case you have to proceed to court (or abandon your claim.) PIAB might decline to assess the injury, particularly where the injury is ongoing and there is no clear prognosis available - in that case, again you have to proceed to court.

    PIAB provide an authorisation to proceed to court if they cannot assess or the assessment is refused by any party.

    If PIAB give an assessment that all parties accept, then they issue an order to pay, the amount is paid and that's the end of the case with no need to go to court (assuming you're an adult.)

    If you are proceeding to court because there is no assessment or it has been refused, your lawyers will decide whether to sue in the Circuit or High Court based on their experience and expertise.

    This makes sense now, I am definetely going to look for solicitor as it seems a bit out of scope to do myself.

    Thank you for clarifying this.


  • Advertisement
  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,610 ✭✭✭✭Victor


    iAmTheNewbie wrote: »
    I have not initiated claim yet
    I'm not sure about the language, but have you at least put the defendant on notice that the incident happened or are reasonably aware of the incident?

    Note that there are time limits to initiate a claim (you can add more detail after) - I think two years, but there are exceptions.


Advertisement