Solicitor and PIAB

wicklowwonder

Is there much of an advantage in using a solicitor with PIAB or is it an easy enough process to do yourself? Initially it was a solicitor free zone I think I remember?

Claim would be against a county council for a fall that led to a break.

Fruks

wicklowwonder wrote: »

Is there much of an advantage in using a solicitor with PIAB or is it an easy enough process to do yourself? Initially it was a solicitor free zone I think I remember?

Claim would be against a county council for a fall that led to a break.

You will be absolutely able to fill out and lodge the PIAB forms yourself; once you have a medical report they’re very straightforward. If the respondent accepts the assessment and you decide to accept it also then that will be the end of that. However, it probably doesn’t usually work that way and if there is to be any engagement with the other side post-PIAB then you would be better having a solicitor to negotiate on your behalf. If proceedings then need to be issued then yes you would need a solicitor. In summary, you could absolutely lodge the PIAB application yourself but there are usually advantages to having a solicitor if it doesn’t settle within PIAB - given this is a county council I’d probably expect them to reject any assessment and if it was me I’d engage a solicitor.

nuac

Mod
The Council will employ a solicitor so should you

Eggs For Dinner

There's no disadvantage to making an application yourself. If you like the result and the Council accept it, you're done and dusted. If you don't like the assessment or the Council reject it, you could always engage a solicitor at that stage. Remember, PIAB don't decide liabilty, just the value of the incident

Claw Hammer

Eggs For Dinner wrote: »

There's no disadvantage to making an application yourself. If you like the result and the Council accept it, you're done and dusted. If you don't like the assessment or the Council reject it, you could always engage a solicitor at that stage. Remember, PIAB don't decide liabilty, just the value of the incident

In general, the sooner a solicitor is engaged in the process, the better. Evidence needs to be gathered and strategic decisions made as soon as possible after the incident. For example, if a symptom is not recorded on the PIAB application the defence will try and claim that it had nothing to do with the incident if it comes to light later. Expert reports have more value if obtained shortly after the incident than if they are obtained a long time after.

wicklowwonder

Thanks all for the help, any other advice is greatly appreciated