The personal injury process in ireland????

sarah marie

Hi all !!
I had a car accident 2 years ago and the other driver was at fault and liability is not issue.i went throught the injuries board,but they released because I am still getting treatment.i have a solicitor from the start of the process.
My solicitor issued proceedings and got a barrister on the case.
The other-sides solicitors sent me to see an doctor acting for them before Christmas,but I have heard nothing back.
What is the process after visiting there doctor??
do they send the report back to the insurance company and they make an offer???
Do the other-side have to make a formal offer now??
thanks for any answers given.:)

Tom Young

You have a solicitor - ring him/her and seek/get the answers you require. That's their job. Not an Internet chat board/discussion where anyone could send you off up a garden path.

BRAIN FEEDs

sarah marie wrote: »

Hi all !!
I had a car accident 2 years ago and the other driver was at fault and liability is not issue.i went throught the injuries board,but they released because I am still getting treatment.i have a solicitor from the start of the process.
My solicitor issued proceedings and got a barrister on the case.
The other-sides solicitors sent me to see an doctor acting for them before Christmas,but I have heard nothing back.
What is the process after visiting there doctor??
do they send the report back to the insurance company and they make an offer???
Do the other-side have to make a formal offer now??
thanks for any answers given.:)

you will most likely be sent a"nuisance" offer. dont be surprised if this is sent directly to yourself.

i have been through the process.

your visit to "their" doctor might just be the first of a few visits.

is it the high,circuit or what court are you going?

sarah marie

hi brian
its the high court.i asked my solicitor and she said "hopefully"they will come back with a desent offer after I seen there doctor.they made an offer after the injuries board released it,but my solicitor says to push on with it.
I just wanted to hear from anyone that was in this suitation before.

sarah marie

does anyone know the process after you see the doctor for the other-side insurance company/solicitor??

ResearchWill

sarah marie wrote: »

does anyone know the process after you see the doctor for the other-side insurance company/solicitor??

The simple answer is every case is different, the case is now before the courts, the defence may offer to settle they may not, the matter may not settle untill the day of hearing it may go to a full hearing. It depends on the claims handler and or defence solicitor both of whom you have no control over. If they make any offers to talk your solicitor will be on to you and talks will be arranged. Untill something happens try and put it out of your mind.

sarah marie

thanks research.
I understand every case is different,but is it not normal practice once I see there doctor that they will come back to my solicitor and look to "talk" or come to some arrangement?
Do the other-side not have to give a formal offer after the proceedings have been issued and I seen the doctor acting for them??

I thought that if they made an offer and I declined it,when I go to court and I am awarded less,i have to pay the differernce/costs??

ResearchWill

sarah marie wrote: »

thanks research.
I understand every case is different,but is it not normal practice once I see there doctor that they will come back to my solicitor and look to "talk" or come to some arrangement?
Do the other-side not have to give a formal offer after the proceedings have been issued and I seen the doctor acting for them??

I thought that if they made an offer and I declined it,when I go to court and I am awarded less,i have to pay the differernce/costs??

They may or they may not talk after they get report. It may say nothing new good or bad. They do not have to make a formal offer if they don't want to. If they think the case has a value they may make an offer if you refuse they may make a lodgement, if you don't accept that then there can be cost implications.

Not being smart but the defence solicitor and claims handler in the Insurance company are dealing with hundreds of cases and only think about your case if it comes across the desk for some reason or they diary it or it comes up for hearing.

Your solicitor will keep you informed, there is really no two cases that go exactly the same way.

sarah marie

thanks research:)

sarah marie

but who does the report from there doctor go to?
is it to there solicitor or the claims handler for the insurance company??

I suppose if the injuries were improving they would hold out for as long as possible,so the pay-out would be less or if the injuries were not improving or getting worse they would try and settle A.S.A.P.

kennM

sarah marie wrote: »

but who does the report from there doctor go to?
is it to there solicitor or the claims handler for the insurance company??

I suppose if the injuries were improving they would hold out for as long as possible,so the pay-out would be less or if the injuries were not improving or getting worse they would try and settle A.S.A.P.

Hi Sarah,

If they've sent you to their own doctor suffice to say the report goes to "them"..... could be claims handler, could be their solicitor. Only insurance insider would be able to clarify and chances are different insurances companies differ.

If the extent/prognosis of your injuries are not 100% understood then I wouldn't be in a rush to do anything. Prognosis can be subjective (depending on injuries) depending on doctor. An initial early report I had indicated that one of my injuries would clear up within X months. In reality it didn't, after Y months, I ended up having a couple of surgeries, missed 3 months from work, and will have long term issues. Be careful.... settling early without knowing how your injuries will effect you long term would be ill advised.

Hope this helps...

sarah marie

I still don't understand how the doctor acting for the othersides solicitor/insurance company can give an opinion or a prognosis in an 5 -8min appointment???

BRAIN FEEDs

sarah marie wrote: »

I still don't understand how the doctor acting for the othersides solicitor/insurance company can give an opinion or a prognosis in an 5 -8min appointment???

when the other doctor examines you,he fills out a report. if his report contradicts your doctors report,then all this information will be passed to the other side and your solicitor will get a copy.
If this goes into court,their doctor may well be there,as yours will be too.then its out of your hands and in the hands of council.(junior or senior)

its not unknown you know for people to exaggerate a personal injury claim,hence why the defendants employ their own doctor,why should they just accept the first report thats given to them?

by always telling the truth in these matters like this,it is just a case of going through the system thats in place since 2004.

sarah marie

hi
I didn't realise he would have a report already in front of him from my own doctor or injuries board doctor.
I suppose that's why it did,t take to long,he already had consultants reports in front of him and he was just checking to see if all way in order.

kennM

sarah marie wrote: »

hi
I didn't realise he would have a report already in front of him from my own doctor or injuries board doctor.
I suppose that's why it did,t take to long,he already had consultants reports in front of him and he was just checking to see if all way in order.

The reports he would have had are likely anything submitted to PIAB.... I believe both sides are entitled to copies of same.