Search
Cullen O'Beirne Solicitors - Comprehensive Guide
The Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB), is the independent statutory body in Ireland responsible for the out-of-court assessment of personal injury compensation claims. Established under the Personal Injuries Assessment Board Act 2003, the Board’s primary mandate is to provide a streamlined, cost-effective alternative to traditional litigation for accidents involving motor vehicles, the workplace, and public liability. By removing the necessity for an adversarial court hearing in cases where liability is not contested, the IRB significantly reduces the time required to resolve a claim—typically from three years in the court system to approximately nine months.
The Injuries Resolution Board serves as a mandatory “first port of call” for nearly all personal injury claimants. Under the Civil Liability and Courts Act 2004, failure to submit a claim to the Board before initiating court proceedings will result in the stay or dismissal of legal action. The Board does not determine “who is at fault” (liability); rather, it assesses the quantum of damages (compensation) based on medical evidence and established legal guidelines.
How to Make a Claim Through the Injuries Resolution Board
The process of initiating a claim is formal and governed by strict procedural rules. To begin, a claimant must submit “Form A,” which details the circumstances of the accident and the nature of the injuries sustained. This application must be accompanied by a formal medical report from the treating physician and the required application fee (€45 for online submissions or €90 for paper-based applications).
Once the application is received, the IRB notifies the “Respondent” (the party allegedly at fault). The Respondent has 90 days to consent to the Board’s assessment. If the Respondent denies liability or refuses consent, the Board issues an “Authorisation,” which is a legal document permitting the claimant to bring the matter before the Courts. If consent is granted, the Board proceeds to value the claim, often appointing an independent medical expert to provide a secondary prognosis.
The Vital Role of Your Solicitor
While the Injuries Resolution Board is designed to be accessible to the public, the legal landscape remains governed by strict procedural requirements and technicalities that can inadvertently jeopardize a claimant’s right to full recovery. Cullen O’Beirne Solicitors role is to provide expert advocacy and ensure your interests are protected against well-resourced insurance companies. Key functions of your solicitor include:
Statute of Limitations Management
Statute of Limitations Management
Under the Statute of Limitations (Amendment) Act 1991, a claimant generally has only two years from the date of the accident to initiate a claim. We ensure all deadlines are met to prevent your claim from becoming "statute-barred."
Identifying the Correct Respondent
Identifying the Correct Respondent
Naming the wrong legal entity (e.g., a parent company vs. a subsidiary) can lead to the expiration of your claim. We conduct thorough due diligence to identify all liable parties.
Section 8 Notice Letters
Section 8 Notice Letters
We handle the mandatory requirement to notify the Respondent in writing within one month of the accident. Failure to do so can result in the court penalizing you on legal costs later.
Evaluating the Assessment
Evaluating the Assessment
When the IRB issues a "Notice of Assessment," you have 28 days to accept or reject it. We analyze whether the offer aligns with current judicial trends and the Personal Injury Guidelines to advise if a higher award might be achieved in court.
Types of Accidents Handled by the IRB
The Board has jurisdiction over the vast majority of personal injury categories, with the notable exception of medical negligence claims, which must proceed directly to litigation.[16] The primary categories include:
- Road Traffic Accidents (RTA)
Including collisions involving cars, motorcycles, pedestrians, and cyclists.
- Employer’s Liability (Workplace Accidents)
Injuries resulting from inadequate training, faulty equipment, or unsafe systems of work.
- Public Liability
Slips, trips, or falls occurring in public spaces, supermarkets, or private properties where a duty of care was breached
- Garda Compensation Scheme
Since recent legislative updates, claims by members of An Garda Síochána injured in the line of duty are also processed through the IRB.
Key Considerations and the Judicial Council’s Personal Injury Guidelines
The valuation of a claim is no longer arbitrary. Since April 2021, the IRB and the Courts must adhere to the Judicial Council’s Personal Injury Guidelines. These guidelines replaced the old “Book of Quantum” and provide specific financial ranges for “General Damages” (pain and suffering).
The assessment considers:
- The Severity of the Injury
Categorized as minor, moderate, or severe.
- Multiple Injuries
If a claimant has multiple injuries, the most severe injury is used as the “anchor,” with an “uplift” added for secondary injuries to ensure the total award is proportionate.
- Special Damages
These are quantifiable financial losses, such as loss of earnings, medical expenses, and travel costs, which are added to the general damages award.
Contact Cullen O'Beirne to Start Your Claim
Navigating the Injuries Resolution Board requires precision and legal expertise. If you have been injured in an accident, do not leave your compensation to chance.
Contact Cullen O’Beirne Solicitors today to ensure your application is handled with the highest level of professional care. We will guide you through every step.