Navigating the aftermath of a personal injury can be overwhelming. With medical bills piling up, time off work, and the stress of dealing with insurance claims, you need solutions that are fair and timely. The Personal Injuries Resolution Board Act 2022 was introduced to improve how personal injury claims are addressed in Ireland by enhancing the role of the Personal Injuries Assessment Board (now known as the Personal Injuries Resolution Board, or PIRB).
Whether you’ve recently experienced an injury or need guidance regarding a claim, this blog dives deep into the changes brought about by this Act, what it means for you as a claimant, and how to ensure your injury claim is processed smoothly.
What is the Personal Injuries Resolution Board Act 2022?
The Personal Injuries Resolution Board Act 2022 came into effect on 13 December 2022 with the goal of streamlining and improving the resolution of personal injury claims. The Act aims to reduce the need for court litigation and its associated costs and delays, making the process faster and more efficient for injury victims.
Key changes include:
- Introduction of mediation services
- Expanded remit for resolving claims involving psychological and long-term injuries
- Enhanced fraud prevention measures
- Revised cost and cost-protection rules
These reforms ensure that personal injury claims are handled fairly, promptly, and transparently.
What Does the PIRB Do?
The Personal Injuries Resolution Board assesses compensation claims for injuries sustained through accidents. It provides impartial evaluations based on the Judicial Council’s Personal Injuries Guidelines, which set standards for compensation. Claimants and respondents (such as insurance companies) must agree to the assessed award for the case to be resolved through the PIRB.
Before a case proceeds to litigation, claimants must first go through the PIRB process.
How the 2022 Act Impacts Injury Victims
For injury victims, the Act introduces significant benefits, making it easier and faster to resolve claims. Here’s how the changes can directly impact you:
1. Mediation as a New Option
One of the Act’s standout features is the introduction of mediation. If both parties consent, the PIRB facilitates mediation sessions to resolve claims outside the assessment process. Mediation is confidential, voluntary, and aims to reach mutual agreements efficiently.
- How it works:
- If you’re filing a claim, you can request mediation as part of your application.
- The respondent (e.g., an employer or insurer) must consent to mediation.
- The sessions are typically phone-based, with a mediator guiding the discussions.
- Key benefits:
- Mediation often resolves claims within three months.
- Avoids the need for prolonged legal processes.
- Can feel less adversarial compared to formal assessments or litigation.
If mediation doesn’t succeed, you can still proceed with the assessment process.
2. Resolution of Psychological and Long-Term Injury Claims
Previously, claims involving psychological injuries or those requiring long-term medical prognoses were often excluded from the PIRB process. The 2022 Act changes this.
Now, claims involving psychological injuries—provided they meet the criteria for recognisable psychiatric conditions—can be assessed by the PIRB. Similarly, claims requiring long-term medical insights are retained by the PIRB for extended periods, ensuring you won’t lose out while waiting for medical clarity on your condition.
3. Clearer Application Requirements
The Act defines stricter application requirements to ensure complete and accurate claims submissions. To file a claim, you will now need:
- Your full details, including a signed application and Personal Public Service (PPS) number.
- A medical report detailing your injuries from a treating medical practitioner.
- A clear description of how the injury occurred.
This ensures that claims are processed quickly and reduces setbacks caused by missing information.
4. Enhanced Fraud Protection
Fraudulent practices can inflate insurance premiums and dent trust in the claims process. The Act introduces new penalties for knowingly providing false or misleading information to the PIRB.
For claimants, this means you can feel reassured that the system is designed to protect genuine cases, with measures in place to prevent abuse of the process.
5. Cost Protection Rules
The introduction of new cost-protection measures ensures fairer treatment for all parties. If the PIRB makes an assessment and you choose to reject it without valid grounds, you may face limited cost recovery in subsequent litigation if the court awards an amount lower than the PIRB’s assessment.
This makes it crucial to carefully consider PIRB assessments before rejecting them, as a fair resolution through the PIRB can save you both time and money.
How the PIRB Resolves Claims
Here’s a step-by-step look at how the PIRB process works under the new framework:
- File Your Claim
Submit a completed application, including a medical report and details of the incident, to the PIRB.
- Choose Mediation or Assessment
You can opt for mediation to discuss the claim or proceed directly to the assessment stage.
- Mediation (if chosen)
A mediator facilitates discussions between you and the respondent to reach an agreement. If successful, the PIRB issues a binding settlement.
- Assessment
If mediation isn’t sought or is unsuccessful, the PIRB will assess your case and recommend a compensation amount based on the Personal Injuries Guidelines.
- Next Steps
- If both parties accept the assessment, the case is resolved.
- If either party rejects the assessment, an authorisation is issued to proceed to court.
The entire process is designed to be efficient, saving both time and costs compared to traditional litigation.
Why Should You Contact a Legal Professional?
While the PIRB process offers advantages, successfully navigating it requires a thorough understanding of your rights and the system’s complexities. Here’s where professional legal advice comes in:
- Ensure Your Claim is Complete: Missing documentation can delay your case or affect your eligibility. A solicitor can help you prepare a watertight application.
- Evaluate Assessments: Understanding whether an awarded amount is fair requires expertise. Your solicitor will compare it against similar cases and advise you on accepting or rejecting it.
- Support Through Mediation: Although mediation is informal, having a legal professional by your side ensures your interests are protected.
Final Thoughts – Know Your Rights, Secure Your Future
The Personal Injuries Resolution Board Act 2022 is a step forward in making injury claims fairer, quicker, and less costly. For injury victims, the expanded services and streamlined processes provide an opportunity to secure compensation without the heavy burden of court litigation.
But it’s important to approach your case strategically. Whether it’s accessing mediation, handling claims involving long-term injuries, or ensuring your choices don’t have unwanted financial repercussions, having professional guidance makes all the difference.
At HOMS Assist, we’re here to help you at every step of the way. If you’ve experienced a personal injury, contact us today to discuss your case with one of our experienced legal advisers. Together, we’ll ensure your path to resolution is as smooth as possible.
