Injuries Resolution Board Claim Process: A Simple Guide by Mannion Solicitors
What Exactly Is the Injuries Resolution Board?
How to Start Your Claim with the Board
Beginning an Injuries Resolution Board claim in an Irish case is a formal process with specific steps. You should start by telling the person you are claiming against about your injury. This is a crucial step that needs to happen within one month of your accident. Not doing this could affect your legal costs if the case later goes to court. After that, you can submit your personal injury compensation claim. You’ll need to fill out an application form that includes:
- Your personal details, like your full name and date of birth.
- The details of the accident itself: the date, time, and where and how it happened.
- A description of your injuries and how they have affected you.
- A medical report from your doctor.
- Any supporting documents, such as receipts for expenses or losses you have incurred because of the accident.
You can submit this form online, by email, or by post, and there is a fee to do so.
Key Steps in the IRB Claim Process
FAQs: Your Questions About IRB Claims, Answered
What is the Injuries Resolution Board?
How is a claim’s value calculated?
When you submit a claim to the IRB, you include a medical report from your doctor. This report details your injuries, treatment, and prognosis for recovery. The board then uses this report, along with the official Personal Injury Guidelines, to determine an appropriate value for your case. They may also ask you to be examined by an independent medical expert to ensure a fair assessment.
How long does a claim assessment take?
After you submit your application, the IRB will formally notify the person or company you’re claiming against (the “respondent”). The respondent has up to 90 days to decide whether to consent to the assessment. If they do, the board will then proceed with the assessment, which typically takes around 9 months.
Do I have to accept an assessment?
No, you are under no obligation to accept an assessment from the Injuries Resolution Board. If you feel the offer is too low or doesn’t account for all of your circumstances, you can reject it. When you or the other side rejects the assessment, the board will issue an “Authorisation,” which allows you to proceed with your claim through the court system.
What if the case is complicated?
The Injuries Resolution Board may not be in a position to assess a claim if the case is complicated. This can happen if your injuries are complex, or if you had similar injuries from previous accidents. It also applies if your injuries are serious and there is no final prognosis yet. In these situations, the board may not be able to provide an assessment, and you will need a solicitor to guide you on the next steps. Mannion Solicitors has extensive experience handling these complex cases and will advise you on the best course of action.
Does the Injuries Resolution Board pay legal fees?
No, the Injuries Resolution Board does not pay legal fees. While they may award a small contribution towards your legal costs in some cases, this amount is usually not enough to cover the full cost of your legal services. This is an important distinction to understand, as any legal fees you incur would come out of the compensation figure assessed by the Board. If you take your case to court and win, the other side is typically ordered to pay your legal costs.
Do I need a solicitor for my claim?
The Injuries Resolution Board will tell you that you don’t need a solicitor, but the reality is that having one is critical. A solicitor can help you avoid common pitfalls, ensure your application is submitted correctly, and advise you on whether the compensation offered is fair. By hiring an experienced solicitor, you greatly increase your chances of receiving a better financial outcome. It’s an investment in your well-being and in getting the result you deserve.
Can a claim go to court?
Yes. Your claim can go to court if the person you are claiming against refuses to let the Injuries Resolution Board assess it, or if either you or the respondent disagree with the compensation amount the Board suggests. When this happens, the Board will issue an Authorisation which is the legal green light for you to take your case to court.
What about mediation?
The Board offers a free mediation service for many types of claims. A mediator is a neutral expert who helps both parties try to find an agreement. Mediation is confidential, fast, and voluntary. If you reach an agreement, it becomes a legally binding order. If not, you can still have your claim assessed by the Board or go to court.
Where can I find more guidance on the application forms and medical reports?
You can read the Injuries Resolution Board’s Guidance Notes (pdf) for further information on how to complete the application form. You can also read the Injuries Resolution Board’s Guidance on Medical Reports (pdf).
If you’re considering a personal injury claim, understanding the Injuries Resolution Board claim process is the first step. For professional guidance and peace of mind, contact Mannion Solicitors. We can help you with your claim, from start to finish.
Important Legal Disclaimer: This content is provided for general informational and educational purposes only. It is not, and cannot be construed as, professional legal advice. Since laws and specific circumstances apply to every unique case, you should not rely on this guide as a substitute for consulting a qualified solicitor. For advice tailored to your individual situation, please consult one of our experienced solicitors directly.
