personal injuries board inquiry......

kennM · 25-09-2011 08:36PM

Milk & Honey wrote: »

Medical care is one thing. Expert witness in court is quite another. Some experts in their field are not at all comfortable or convincing in court. The may be very good practitioners and give excellent care but the tactics of some defence barristers, hassling them and harrying them can upset them. Some people are much more capable of dealing with cross examination than others.Solicitors will know who can be depended on in court.

Oh agreed.... in my case and in Micky007's case court is a long way off. If certain injuries are non routine, rare, uncommon, complicated then in my case expert help was more appropriate. One of the injuries I got.... 9/10 doctors I'd mention it to the answer I got back was typically "Whats that?". ..... you're the doctor! I do IT.

micky007 · 25-09-2011 09:57PM

i meant that a solicitor will keep things right on the legal end and doctors on there end of things.as you said solicitors, should not be sending people to experts if there is no need.the persons own GP "should" be able to send them to the proper specialists if need be.
I read there that most cases are sent on to the courts anyway!

Avatargh · 26-09-2011 05:28PM

youtube! wrote: »

Getting compensation for feeling depressed after an accident doesnt seem justified to me, if you have whiplash or a broken leg or whatever then fair enough but surely anyone can get depressed for other reasons not related to an accident, compensation culture is so overboard in this great little country of ours...

This is just ill-informed.

Yes, "Getting compensation for feeling depressed after an accident doesnt seem justified to me" isn't justified when you put it like that. However, depression is a recognised psychiatric illness than can destroy a person. Whether you believe it or not, depression can ruin a person's ability to work and enjoy life. If that depression is caused by a road-traffic accident, then so be it.

The compensation isn't for "feeling depressed" any more than compensation for a broken leg is for a "sore foot" but is for the medically recognised and damn-horrible effects of depression.

I could honestly say I'd rather have my legs and arms broken, and make a recovery within 3-4 months than live a year under full-on depression.

micky007 · 26-09-2011 06:11PM

TRUE,At least with a broken arm or leg will heal in a few months or so.
mental illness can end up been a life-long problem,but people that are not affected do not realise this.
We never had this problem before with mental issues and i would,nt wish it on anybody.

kennM · 26-09-2011 06:14PM

micky007 wrote: »

TRUE,At least with a broken arm or leg will heal in a few months or so.
mental illness can end up been a life-long problem,but people that are not affected do not realise this.
We never had this problem before with mental issues and i would,nt wish it on anybody.

I think in general for a LOT of injuries. Understanding is limited if someone hasn't experienced certain types of injuries. I suspect some of the posts have been by armchair experts who've never had or understood the nature of the injuries.... be they physical or psychological.

micky007 · 04-10-2011 04:02PM

When someone puts a claim in with the "personal injuries board",is it common for the insurance company to make them an early offer??
And it so,do they send it in a letter or over the phone.............????

MagicSean · 04-10-2011 04:03PM

micky007 wrote: »

When someone puts a claim in with the "personal injuries board",is it common for the insurance company to make them an early offer??
And it so,do they send it in a letter or over the phone.............????

Do you mean before the assessment, during or after?

kennM · 04-10-2011 04:43PM

micky007 wrote: »

When someone puts a claim in with the "personal injuries board",is it common for the insurance company to make them an early offer??
And it so,do they send it in a letter or over the phone.............????

Hi Micky007,

I would say it depends on a case by case basis. I am purely speculating here based off my limited knowledge or experience of the process. I would say its not uncommon, its in an insurance companies best interest to try and negotiate a cheaper settlement if at all possible. Regarding how that offer is made, no idea is the short answer. Again speculating, I would assume initially its verbal till there is verbal agreement then naturally it needs to come in writing and signed?

Just think to yourself... when it comes to insurance companies... at the end of the year all that truly matters is the bottom line, share holders, etc. Where do you think your health and wellbeing fall in their priority list? They aren't going to negotiate early to try and give you more than you are entitled to?

Regarding when the offer could be.... in theory before or during are possible windows (assuming liability is accepted).

Negotiating afterwards. Nope. Injuries board provide a figure. Either the insurance company can accept/reject the figure or you can accept or reject the figure. Assuming both accept then thats it.... order to pay is done and wheels turn a little more and a cheque comes out the far end of the insurance company.

If either reject the settlement then injuries board provide a release to court. And roll your dice in a different arena. There are naturally different factors you need to be conscious of if going this direction.

alan.mjob · 04-10-2011 05:02PM

Hi, did you go ahead with the pib? If you are still deciding on a course of action there is a specialist solicitor in Dublin I could recommend. Personal injuries are something I have experience in. The pib while good are far from great.

micky007 · 04-10-2011 06:12PM

Hi
I was chatting to a solicitor.they were helpfull.i explained that my wife is having very bad anxiety attacks since the accident along with back problems.He was,nt to sure if the PIB would take on the case them-selfs or send on to court.????????
He said if we wanted,he would get the ball rolling.i told him to let it sit for a week or so.

blueythebear · 04-10-2011 06:32PM

micky007 wrote: »

Hi
I was chatting to a solicitor.they were helpfull.i explained that my wife is having very bad anxiety attacks since the accident along with back problems.He was,nt to sure if the PIB would take on the case them-selfs or send on to court.????????
He said if we wanted,he would get the ball rolling.i told him to let it sit for a week or so.

If there are significant psychological injuries that are as yet unresolved, then the injuries Board will most likely decline to make an assessment. Similarly where the prognosis of her back injury is unknown. It all depends on the content of the medical reports obtained.

If the injuries board decline to make an assessment they will issue an authorisation. If they assess it and come to a figure that you or the other side do not like, either party can decline and injuries board will issue an authorisation. An authorisation gives you permission to take a Personal Injuries case to the relevant court, which your solicitor will advise you on.

micky007 · 04-10-2011 06:57PM

Hi
What do you mean by "significant psychological injuries that are as yet unresolved" blueythebear??
What if the doctors give there opinion on the back/ psychological injuries?
thanks

chasm · 04-10-2011 08:55PM

micky007 wrote: »

When someone puts a claim in with the "personal injuries board",is it common for the insurance company to make them an early offer??
And it so,do they send it in a letter or over the phone.............????

When i had my accident a couple of years ago the insurance company made me an offer a couple of days after the accident, and again, iirc just after i told them i was going to lodge my claim with the injuries board. The first offer was made verbally when the assessor visited my house and the second, a final offer was sent in a letter. I proceeded with my claim through the injuries board, without a solicitor and was happy with the assessment.

blueythebear · 04-10-2011 09:47PM

micky007 wrote: »

Hi
What do you mean by "significant psychological injuries that are as yet unresolved" blueythebear??
What if the doctors give there opinion on the back/ psychological injuries?
thanks

If the psychological injuries are still symptomatic and in fact, if any of the injuries are still symptomatic and the prognosis is uncertain PIAB may decline to make an assessment. If the injuries overlap to the exten that it makes an assessment difficult, then the Injuries Board may decline an assessment.

micky007 · 06-10-2011 06:47PM

Hi
If my wife goes ahead and uses a solicitor for her case,will he contact the insurance company directly to say whats happening or wait to get word back from the PIB and then contact them???

micky007 · 08-10-2011 01:48PM

my wife works part-time.she took some time off after her accident,but was told if she did,nt return to work that her job was gone.her employer has her on light duties for now.
she works 2/3 mornings a week.
i dont think she is mentally or physically capable of the work,she is on loads of tablets which leave her sleeply all the time.
my wife has worked all her life and does,nt realise that she can take time off or quit the job.
how does the PIB or courts look at this??would it be in her benifit to quit the job if she is not able to do it??
thanks for any advice.......

chasm · 08-10-2011 02:52PM

Hi Micky007,
Personally i think your wife should go back to her GP and explain the work situation to him/her, as they may sign her off as unfit to work. If you are going through the injuries board there is a "special damages" section in the assessment which covers loss of earnings, medical expenses and out of pocket expenses. Whatever route you take, whether injuries board or via solicitor make sure you are keeping all receipts for these expenses.

kennM · 08-10-2011 05:11PM

micky007 wrote: »

my wife works part-time.she took some time off after her accident,but was told if she did,nt return to work that her job was gone.her employer has her on light duties for now.
she works 2/3 mornings a week.
i dont think she is mentally or physically capable of the work,she is on loads of tablets which leave her sleeply all the time.
my wife has worked all her life and does,nt realise that she can take time off or quit the job.
how does the PIB or courts look at this??would it be in her benifit to quit the job if she is not able to do it??
thanks for any advice.......

Hi Micky007, have been more than happy to help where I can but I think we're getting close to legal advice. The only person in a position to answer the above is your solicitor really. Regarding "I don't think she is mentally or physically capable of the work", with all due respect when it comes to PIAB and the courts what you think won't make a blind bit of difference. The only opinion that matters is a GP or specialist who can medically state same as stand by it in a legal capacity. While I completely understand, empathise and understand your situation (in it myself). Don't take actions without getting agreement from your solicitor who will be representing you.

Regarding the term "would it be in her benefit to quit the job if she is not able to do it?". What do you mean? In her benefit in the context of PIAB claim? In the context of her in general? in the context of your financial circumstances? A statement like this could be taken as thinking of means to maximise your claim. You should be focusing on whats best for your wife as dictated by your doctors and medical professionals. If the doctors make such a statement then thats what you do & let your solicitor deal with the consequences in the claim if he/she can.

Regarding her employer threatening her that if she takes time off after the accident her job is gone, thats a seperate fight. Legally not sure of the ins and outs there. He doesn't have to pay her beyond her contractually entitled sick days, after that you go on social welfare sick allowance and any loss of earnings between the two can get factored into the claim. Regarding letting her go, probably a no go.... not sure, lets not get into that one

micky007 · 08-10-2011 06:37PM

HI
I worded this wrong,"would it be in her benefit to quit the job if she is not able to do it?".
i think if she was off work it might help her injuries,but then again the bit of work is keeping her going.....
i was chating to some of the girls at work and they said she is doing very light work and was like a zombie,her mind was always else-were.
its a double edged sword.......

kennM · 08-10-2011 08:52PM

micky007 wrote: »

HI
I worded this wrong,"would it be in her benefit to quit the job if she is not able to do it?".
i think if she was off work it might help her injuries,but then again the bit of work is keeping her going.....
i was chating to some of the girls at work and they said she is doing very light work and was like a zombie,her mind was always else-were.
its a double edged sword.......

After my accident I was off work for a prolonged period of time... believe me there is only so much Judge Judy and Jeremy Kyle you can watch before you are fit for the loony bin mentally (never mind your injuries you started with!!!!)

If she's able to do it then trust me, it will serve as a good thing

micky007 · 09-10-2011 04:49PM

Hi KennM
Was it your choice or were you advised by the doctors to take time off work?and how long after applied and sent all in the injuries board did you get any word back from them?

kennM · 09-10-2011 05:58PM

micky007 wrote: »

Hi KennM
Was it your choice or were you advised by the doctors to take time off work?and how long after applied and sent all in the injuries board did you get any word back from them?

Motorbike accident, a number of broken bones and other serious injuries..... working wasn't an option for a while. Only starting the PIAB process myself. PIAB wrote to me informing me that they have sent the notification to the other party... the other party have 90 days to confirm consent for PIAB to perform assessment (i.e. they are not disputing liability).

personal injuries board inquiry......

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