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Injuries Board - Defendant Declined Assesment

  • 07-08-2013 8:23am
    #1
    hucklebuck
    Closed Accounts Posts: 4,173 ✭✭✭


    I was involved in a crash 10 months ago, we were stopped in traffic and we got smashed in the back and I suffered neck, shoulder and back soft tissue damage.

    The case went to injures board but it has been released as they declined assessment. My neck gets sore now and again and my back gives problems the odd time, shoulder is fine.

    I was wondering where I go, my solicitor asked me to go to my doctor but I only saw him once and I had been getting physio.

    My solicitor wants to issue proceedings, is this normal? I was only really looking to get my expenses and now I could have legal fees.

    I know the third party is 100% at fault so I assume I should be ok if proceedings are issued.

    I would appreciate advise.

    Thanks.


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    You have two choices 1 issue proceedings in the relevant court 2 forget about it. The best person to advice you on which course of action to take is your solicitor he has the skill, judgement and most importantly all the relevant information on your case.


  • #3
    October
    Registered Users Posts: 250 ✭✭October


    The Defendants obviously thought the Injuries Board assessment was too high. If you don't want to go down the proceedings route you could ask your solicitor to approach the Defendants to see if they are willing to negotiate on the IB assessment.


  • #4
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,233 Mod ✭✭✭✭godtabh


    hucklebuck wrote: »

    My solicitor wants to issue proceedings, is this normal? I was only really looking to get my expenses and now I could have legal fees.

    Why come here and ask for uneducated advice when you are paying for an expert to advise you?


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    October wrote: »
    The Defendants obviously thought the Injuries Board assessment was too high. If you don't want to go down the proceedings route you could ask your solicitor to approach the Defendants to see if they are willing to negotiate on the IB assessment.

    The injuries board has not given an assessment as the defendant declined to let them do so. Many defendants do so as a matter of course, others do so if material damage is less than a certain amount.


  • #6
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    godtabh wrote: »
    Why come here and ask for uneducated advice when you are paying for an expert to advise you?

    So you're the judge of that, are you?

    Plenty of people here are very educated in this area.


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  • #7
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Ruben Dazzling Hog wrote: »
    So you're the judge of that, are you?

    Plenty of people here are very educated in this area.

    Yes maybe some are but it can be difficult to decide who is and who is not. Any person educated in the area would tell you to follow the advice of your solicitor as he has all the important information. Anyone in here educated or not is only guessing when giving you advice as they have not seen any reports, or assessment in relation to liability or contributory negligence, each case is unique so best to take your solicitors advice.


  • #8
    dharma200
    Registered Users, Registered Users 2 Posts: 998 ✭✭✭dharma200


    Some defendants will not go throught the board in the hope that you will not pursue the case. Bear in mind your lawyer would not take the case if he/she did not think they would recoup the fees in court. If you were hurt in the accident, just because the defendant wont go through the board does not mean you should drop any case. Many many cases do not go through the board, although bear in mind that it could take 5-6 years to get a settlement, in my opinion if you were at no fault, and you sustained injuries, you should instruct your lawyer to issue proceedings. You cannot be sure that you will not be long term affected by any injuries, and you should receive appropriate medical checks and reports throughout the time that proceedings are going on.


  • #9
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    OP, if the respondent is simply choosing not to engage, then it's normal for bona fide claimants to begin court proceedings.


  • #10
    October
    Registered Users Posts: 250 ✭✭October


    infosys wrote: »
    The injuries board has not given an assessment as the defendant declined to let them do so. Many defendants do so as a matter of course, others do so if material damage is less than a certain amount.

    Apologies ☺, I took it that the Defendants had declined the assessment made by the Injurues Board.


  • #11
    littlemac1980
    Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭littlemac1980


    hucklebuck wrote: »
    My solicitor wants to issue proceedings, is this normal? I was only really looking to get my expenses and now I could have legal fees.

    Presumably this is just a bad choice of words on your part. The fact is that you are instructing your solicitor in relation to this case, and therefore it is you who wants a legal remedy.

    Your solicitor may have advised you that following the PIAB decision to decline assessment, the next step in seeking compensation is to issue proceedings if you so wish. Taking that step is your decision alone.
    hucklebuck wrote: »
    I was only really looking to get my expenses and now I could have legal fees.

    I presume you already have legal fees - those related to the PIAB application. Thats a matter between you and your solicitor.

    If you decide to issue proceedings you will likely have more, and if you lose your case you will almost certainly have lots more.

    Your solicitor can explain in detail the likely costs in the event you are successful or unsuccessful in relation to your case.
    hucklebuck wrote: »

    I know the third party is 100% at fault so I assume I should be ok if proceedings are issued.

    Unfortunately its never that simple.

    There are lots of reasons why you may not be OK despite the fact that the other party (not a third party - I presume thats a typo on your part) may be substantially to blame.

    I wont go into details of those reasons or try to speculate as to what difficulties may or may not arise - get your solicitor to advise you of the risks associated with your case - they have all the facts - and thats what (one of the things) you are paying them for.


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  • #12
    hucklebuck
    Closed Accounts Posts: 4,173 ✭✭✭hucklebuck


    godtabh wrote: »
    Why come here and ask for uneducated advice when you are paying for an expert to advise you?

    Why post if you have nothing worthwhile to say


  • #13
    LowKeyReturn
    Closed Accounts Posts: 934 ✭✭✭LowKeyReturn


    Ruben Dazzling Hog wrote: »
    So you're the judge of that, are you?

    Plenty of people here are very educated in this area.
    hucklebuck wrote: »
    Why post if you have nothing worthwhile to say

    Any moron can be the judge of that (no implication that godtabh is). Even if Susan Denham is posting here she's no idea of the details of the case. The question remains a valid one. Why post here if you've engaged a solicitor? OP may be seeking background but it's not wise to use info sought here to second guess a solicitor.


  • #14
    hucklebuck
    Closed Accounts Posts: 4,173 ✭✭✭hucklebuck


    Thanks Little and Cody.

    I have a friend who works in motor claims and said the firm I contacted about the injuries board have a reputation for issuing proceedings.

    I got a call saying about our letter, I said what letter, they said you may not have it yet but we need your pps number. Your case has come out of injuries board and we are issuing proceeding. I told her to do nothing until I spoke with the solicitor and I have heard nothing.

    I was concerned they would issue proceedings before I had a chance to think about my next step.

    Thanks for the advice


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