OFFALY PERSONAL INJURY SOLICITORS - ROAD TRAFFIC AND ACCIDENT AT WORK CLAIMS
Accident and Injury
We act on behalf of plaintiffs in respect of road traffic, personal injury and accident at work claims. Our personal injury team includes Ken Enright, solicitor and Alison Enright, barrister-at-law.
The Injuries Board
In most circumstances, if a person suffers injury they must submit their claim for compensation to the Injuries Board.
Consulting your solicitor on an Injuries Board claim
More than 90% of applicants to the Injuries Board hire a solicitor to help them with their personal injury case.
We are experienced in dealing with claims and will be able to advise you about the process and any potential problems. We will also be able to advise you on whether an Injuries Board assessment represents full value for the injuries you have received.
The firm of Thomas W Enright Solicitors is registered through the Injuries Board Solicitors' Portal to enable us submit claims online. This also gives us the ability to access real time information in relation to your claim and to monitor its progress on your behalf so that you can be kept informed of each stage in the process.
We are experienced in dealing with claims and will be able to advise you about the process and any potential problems. We will also be able to advise you on whether an Injuries Board assessment represents full value for the injuries you have received.
The firm of Thomas W Enright Solicitors is registered through the Injuries Board Solicitors' Portal to enable us submit claims online. This also gives us the ability to access real time information in relation to your claim and to monitor its progress on your behalf so that you can be kept informed of each stage in the process.
Injuries received in road traffic accidents are assessed by the Injuries Board
The Injuries Board - timelines and procedures
Claim must be brought within 2 years
The most important thing for claimants to be aware of is that their claim must be brought within two years of the date on which the cause of action accrued or the date on which the Claimant had knowledge of the cause of action accruing. Usually, in road traffic accidents and accident at work claims, this means that the claim must be brought within two years of the date of the accident.
Notice of intention to bring a claim
If possible, the Claimant should write to the Respondent within one month of the date of the accident, or as soon as practicable thereafter, informing them that they intend to bring a claim. While a failure to send such a letter does not have any adverse consequences with respect to the claim before the Injuries Board, it could cause an issue with costs later on down the line, if the matter goes to court. Section 8 of the Civil Liability and Courts Act 2004 provides that a court may draw inferences from the failure to serve such a notice in writing if the interests of justice so require. It is, of course, not always possible to write such a letter. For example, a Claimant might not know the identity of the potential Respondent, but it is important not to delay unnecessarily.
Respondent's 90 days to confirm consent to assessment
After a claim has been received and registered by the Injuries Board, the Board will serve notice on the Respondent who then has 90 days to confirm in writing whether they consent to the claim being assessed.
If the Respondent declines to have the matter assessed by the Board, then the Board issues the Claimant with an Authorisation to pursue their claim through the courts. wish.
If the Respondent consents to assessment within the 90 days they - or their insurance company - are required to pay the statutory fee of €600 and the Board proceeds to assess the claim.
If the Respondent fails to reply then this is deemed acceptance by default, and the Board proceeds to assess the claim.
If the assessment proceeds, the Board will assess the damages and ultimately issue a Notice of Assessment to the Claimant and the Respondent confirming the amount of compensation being awarded.
Injuries Board has 9 months to make the assessment
Under Section 49 of the Personal Injuries Assessment Board Act 2003, the Injuries Board has a duty to ensure that every assessment is made within 9 months of the date it receives the Respondent's consent. However, this period can be extended by a further period of 6 months in certain circumstances. In practice, most claims are assessed within the 9 month period.
Notice periods following assessment
The Respondent or their insurer then has 21 days from the date of receipt of the Notice of Assessment to confirm whether they accept or reject the assessment. The Claimant has 28 days to make their decision.
If the Respondent accepts the assessment, they must acknowledge this in writing to the Board within the 21 day period. If the Claimant also accepts the assessment the Board will then issue an Order to Pay. This order has the same legal status as an order of a court.
If the Respondent does not reply in writing within the 21 days, they will be deemed to have accepted the assessment. In the event that the Claimant has accepted the assessment, the Respondent will be liable to pay the claimant the amount of the assessment in the same way as if the Respondent had accepted the assessment.
If the Claimant accepts the assessment, they must acknowledge this in writing to the Board. If the claimant doesn’t reply within 28 days, it is taken that they have rejected the assessment.
If either of the parties reject the assessment then the Board will issue the claimant with an Authorisation to pursue their claim through the courts.
Overall, according to guidelines provided by the Injuries Board, it takes an average of over 7 months from the date on which the Respondent consents to assessment for the claim to be processed.
The Book of Quantum
The Book of Quantum has, for a long time, been the general guide to the amounts that may be awarded for general damages. Legislation required the Injuries Board to have regard to the Book of Quantum when assessing claim values.
However, the position in regard to the amount of damages awarded in personal injury cases is about to change as a result of the new Personal Injury Guidelines approved by a decision of the Judicial Council on 6 March 2021. As a result of this, the levels of damages awarded are likely to be reduced, especially for minor injuries.
See our blog for further details.
However, the position in regard to the amount of damages awarded in personal injury cases is about to change as a result of the new Personal Injury Guidelines approved by a decision of the Judicial Council on 6 March 2021. As a result of this, the levels of damages awarded are likely to be reduced, especially for minor injuries.
See our blog for further details.
The two types of damages that are awarded
General Damages cover compensation for pain and suffering resulting from injuries sustained in an accident. It is General Damages which the Book of Quantum deals with.
Special Damages are any out-of-pocket expenses incurred as a result of an accident. Special Damages may include loss of earnings, medical expenses, and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses, and so on. We will be able to assist you in assessing and providing evidence vouching the level of special damages.
It is worthwhile noting that vehicle damage and any other agreed Special Damages may be settled at any stage with the Respondent without impacting on the claim before the Injuries Board.
Settlement prior to assessment
Sometimes a Respondent or an insurance company might make an early settlement offer. Any claimant has the option of accepting or rejecting such an offer.
Before a claimant agrees to any settlement it is extremely important that they consider whether the full impact of their injury is known at that time and whether a solid prognosis is available. If not, we would usually advise a claimant to proceed with their claim before the Injuries Board. At the end of that process the claimant - on the advice of their solicitor - can decide whether or not the award sufficiently values their injury. If it doesn't, the option remains to reject the offer and proceed to the courts.
If, on the other hand, the matter is settled too early and a problem emerges later on - if, for example, unexpected complications arise as a result of injuries received in the accident - there is no going back to seek a greater level of compensation.
Before a claimant agrees to any settlement it is extremely important that they consider whether the full impact of their injury is known at that time and whether a solid prognosis is available. If not, we would usually advise a claimant to proceed with their claim before the Injuries Board. At the end of that process the claimant - on the advice of their solicitor - can decide whether or not the award sufficiently values their injury. If it doesn't, the option remains to reject the offer and proceed to the courts.
If, on the other hand, the matter is settled too early and a problem emerges later on - if, for example, unexpected complications arise as a result of injuries received in the accident - there is no going back to seek a greater level of compensation.
Tax and social welfare issues: Recoverable Benefits
In general, awards are not taxable by the Revenue Commissioners. Although, of course, income or capital gains that accrue from the investment of compensation are taxed in the same way as any other investment.
The Social Welfare and Pensions Act 2013 obliges a Respondent or their insurer on settlement of a non-fatal personal injury claim to reimburse the Minister for Social Protection certain welfare payments made to a claimant as a result of their inability to work following an accident. These are known as ‘Recoverable Benefits’.
The Notice of Assessment from the Injuries Board will set out the amount due to a claimant on acceptance of the award as well as any Recoverable Benefits due to the Department of for Social Protection. The amount due to the Department will be the welfare benefits (if any) a claimant has already received as a result of being out of work due to injuries received in the accident.
The Notice of Assessment from the Injuries Board will set out the amount due to a claimant on acceptance of the award as well as any Recoverable Benefits due to the Department of for Social Protection. The amount due to the Department will be the welfare benefits (if any) a claimant has already received as a result of being out of work due to injuries received in the accident.
Medical Negligence

Section 3(d) of the Personal Injuries Assessment Board Act 2003 excludes claims “arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person”.
Thus, medical negligence claims are not assessed by the Injuries Board.
Thus, medical negligence claims are not assessed by the Injuries Board.