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Injuries Board Applications*
Below is our case plan for Injuries Board Application followed by basic Court Procedure. It is a guide to how we conduct our work for you and what we expect to happened as your case proceeds.
1.Initial Information Pack to Client including Fee estimate, draft application, Terms of Engagement, Agreement to instruct and Authority
2.Letter of Claim must be sent Registered Post within 2 months of accident or asap thereafter may affect costs if case goes to court
3.Request for Medical report to hospital or doctor
4.Respond/Correspond with Insurance Company
5.When report arrives client to review
6.Complete Form A Application and send to IB with Medical, Fee. Reg Post retain slip
7.Await acknowledgement from IB
8.When IB Acknowledgement is received TIME STOPS
9.3 month period for Respondent to decide on Assessment
10.If Respondent consents to assessment then complete schedule of special damage when received
11.9 months for IB to assess
12.Advise on assessment if not accepted then,
13.Authorisation Issues then re-calculate the new statute date and note
14.Send papers to barrister for drafting of proceedings
15.Issue proceedings within 6 months if possible
16.Serve proceedings registered post or acceptance by solicitors
17.Obtain Appearance from Defendant issue motion if necessary
18.Reply to Particulars if served
19.Obtain Defence issue motion if necessary
20.Send papers to counsel for advice on proofs/instruct senior if High Court
21.Gather further medical evidence
22.Gather actuarial/accounting evidence
23.Appoint engineer if required
24.Obtain discovery if required
25.Set down
26.Obtain hearing date and serve
27.Prepare Schedule of Witnesses and serve followed by reports of expert witnesses
28.Notify witnesses and put on Standby
29.Prepare final brief booklets for court and barrister
30.Attend court with client
Public Liability Claims
Employment Law
Professional Negligence
Medical Negligence
Road Traffic/ Car Accidents
Accidents at work
Trip and Fall Accidents
Abuse Victims
Injuries board applications
Since 2004 almost all types of personal injury applications must be processed to the personal injuries assessment board. Although the injuries board encourage people to make the application without using a lawyer, a large percentage of people still choose to instruct a solicitor to handle the matter on their behalf. This is so even though the board generally do not include the costs as a necessary expense and the client must pay their legal costs out of any award they receive. We provide full support for personal injury applications, advice on the procedures and in particular on the assessment with a transparent and reasonable fee structure.

Most accidents are covered by the board including road traffic, car accidents, trip and fall accidents and accidents at work but it should be noted that if the injury is mostly of a psychological nature such as trauma stress anxiety etc then the board will not generally assess such claims. There are also exclusions for medical negligence but you should not assume that your case does not need to be approved by the board and always get legal advice before taking any action. There are also strict time limits involved and you should make sure to contact your legal adviser as soon as you can. Apart from the statute of limitations which requires that claim to be made within two years update of the accident (this varies depending on the type of accident and you should always check with your legal adviser) there is also a requirement that a letter of playing the sense to the person you're holding responsible for your injury within two months of the date of the accident or as soon as possible thereafter. If this letter is not sent it can affect the court's decision as to whether or not to give you costs even if you win your case later on.
Child injury cases
One of the exceptions to the general rule of thumb that legal costs are not awarded in the injuries board is child or infant cases. In such case the board will generally include a fee for making the application and advising on any settlement made. They will also generally include a direction that costs be awarded for the ruling of your child 's settlement. All child settlements must be approved by the court. The money is then paid into court and held there until your child reaches 18.
Elaine Callan
* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Carvill Rickard & Co. Solicitors
Watermill House, 1 Main Street, Raheny, Dublin 5, Ireland
Phone : +353 1 8312163    |    Fax: +353 1 8312452    |    Email: post@carvillrickard.ie
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