The majority of personal injury claims* are required by law to be submitted to the Injuries Board (formerly known as the Personal Injuries Assessment Board (PIAB). Claims are started by completing and submitting the Board’s application form. Provided it is satisfied the application has been properly completed the Injuries Board will notify the other party and his or her insurer of the commencement of a claim. The Injuries Board provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents.
Where the person responsible does not consent to the Injuries Board dealing with your claim the Injuries Board will allow you to pursue your claim through the courts by issuing an authorisation. There are certain type of cases which the injuries board will not deal with, these include, medical negligence cases, assault and battery cases and cases where the injuries are not physical.
A number of factors are taken into account in the assessment of damages by the Injuries Board. These include medical reports provided on behalf of the claimant and receipts and bills furnished by the claimant. Before coming to a decision the Board will usually have a claimant examined by a doctor from its independent medical expert panel. When all the evidence has been collated and considered the Board will make a formal Assessment. The Injuries Board estimator is a guide as to levels of compensation that can be awarded by the Board.
If the claimant and respondent accept the assessment an ‘Order to Pay’ will be made. This has the same standing as a Court Order.
If the either party rejects the Assessment then the Injuries Board will issue an Authorisation permitting the claimant to continue his claim through the courts.
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* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.