20/01/2023 0 Comments
Personal Injury: Some of the Most Common Questions Answered
Being injured can lead to a distressing time for individuals. An injury can lead to high medical expenses, lost wages, and mental and physical distress. This painful time can be compounded by knowing that the accident wasn't the individual's fault.
Inevitably if a person is considering pursuing a personal injury claim, they will have questions. To make the process of deciding on pursuing an accident claim easier, we have compiled some of the most common questions our injury solicitors are asked.
Of course, every claim is different, and we highly recommend scheduling a consultation with our injury solicitors to discuss the specifics of your accident.
What is a personal injury claim?
A personal injury claim is a legal process in which an individual who has been harmed or injured due to another person's negligence or wrongdoing seeks compensation for their losses. This can include medical expenses, lost wages, and damages for pain and suffering. Personal injury claims can be brought against individuals, businesses, or other entities and are handled by a qualified personal injury solicitor.
What is the Personal Injuries Assessment Board?
The Personal Injuries Assessment Board (PIAB) is an independent body in Ireland that was established to assess personal injury claims and make recommendations for compensation. The PIAB is responsible for assessing claims for compensation for personal injury, whether the injury resulted from a road traffic accident, a work accident, a public liability accident, or medical negligence.
The PIAB assesses claims based on the evidence provided by the parties, including medical reports and other relevant documentation, and issues a recommendation for the level of compensation that should be awarded. This recommendation is not binding, but the parties generally follow it. The PIAB process is intended to be quicker and less costly than going to court.
PIAB can also assist parties in settling a claim before the assessment stage, using their expertise in evaluating the claims.
How long does the Personal Injuries Assessment Board take to decide on a personal injury?
The Personal Injuries Assessment Board (PIAB) aims to decide on a personal injury claim within 26 weeks of receiving a completed application. However, the actual time it takes to decide on a claim can vary depending on the case's complexity, the availability of medical reports, and other factors.
It is important to note that the 26-week target is just an aim, and it can sometimes take more time. The PIAB also publishes a performance report on their website, showing how long it has taken them to process claims.
It's worth noting that if either party is unhappy with the decision of the PIAB, they can still take the case to court, where a judge's decision will be final.
How do I know if seeking personal injury damages is appropriate?
It may? be appropriate to seek personal injury damages if you have been injured due to someone else's negligence or wrongful action.
Here are a few examples of situations where it may be appropriate to seek personal injury damages:
You were in a car accident caused by another driver's negligence.
You slipped and fell on someone else's property due to their failure to maintain a safe environment.
You were injured at work due to your employer's failure to provide a safe work environment.
You were injured due to medical negligence.
It is also important to note that the personal injury solicitors at Denise Kelleher & Associates Solicitors can advise you if it's in your best interests to pursue a personal injury claim.
Individuals will still have questions regarding the personal circumstances of their injury. We recommend contacting our offices and organising a consultation with our team.