Before commencing Court proceedings in Ireland, all personal injury claims (with the exception of a personal injury arising out of medical negligence) must be submitted first to the Injuries Board (formerly known as the Personal Injuries Assessment Board or PIAB). The Injuries Board is an independent government body which assesses the amount of compensation due to a person who has suffered a personal injury.

The Injuries Board can deal only with matters where there is no dispute of liability, as they do not hear cases. In the event that the defendants agree, an assessment of damages can be carried out by the Injuries Board without the necessity of proceeding to Court.

In addition, legal advice should be sought in relation to:

• the Injuries Board application process
• your entitlements and benefits under law
• advice in relation to the adequacy of damages awarded by Injuries Board
• rights in respect of any delays in the process
• the need to seek appropriate injunctive relief to preserve the location of an accident in certain circumstances where liability is not admitted.

Your personal injury claims may not be resolved under the Injuries Board process and it may then be necessary to issue legal proceedings. It is important therefore that you seek legal advice at the outset to ensure your case is not prejudiced in any way.

If you have filed an application and have received an authorisation from the Injuries Board permitting you to issue court proceedings, you should contact a solicitor as soon as possible.

The Injuries Board procedure must also be read in conjunction with the new provisions introduced pursuant to the Civil Liability and Courts Act, 2004 (the 2004 Act).

The 2004 Act sets out duties and obligations on both Plaintiffs and Defendants. There are serious penalties imposed on Plaintiffs for delay and overstatement of one's claim and it is important to have access to proper legal advice at all stages of both the Injuries Board and the Court process.