Legislative changes to the Personal Injuries Assessment Board (PIAB) process are continuing, with the Government commencing the second phase of the Personal Injuries Resolution Board Act 2022 on 4th September 2023.
The key changes focus on the PIAB application form, the medical report and particulars for the application.
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- PIAB Application Form:
The application form must be personally signed by the claimant, even where the claimant is legally represented. For solicitors using the PIAB Solicitors Portal, the application process will now be in two parts, with the claimant’s signature submitted separately.
Once both parts of the application have been submitted, PIAB will aim to review the application within 3 working days before the application is confirmed as complete in accordance with Section 50 of the Personal Injuries Assessment Board Act 2003 (as amended).
The effective date for the purposes of Section 50 will be the date the completed application is received.
This timeline will prove critical for any claims where the Statute of Limitations is due to expire.
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- Medical Report:
A medical report prepared by a medical practitioner describing the personal injuries sustained by the claimant in the accident or incident must be submitted with the PIAB application form.
It is important to note that applications will not be confirmed as complete for the purposes of Section 50 of the Personal Injuries Assessment Board Act 2003 (as amended) without a medical report, meaning that the Statute of Limitations will continue to run.
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- Particulars:
The PIAB application will now require more detailed particulars, including the following:
- the claimant’s name, date of birth, phone number and the address at which he or she ordinarily resides;
- the claimant’s PPS number or an acceptable identity document;
- full details of the accident or incident the subject of the application, including the name and address of each of the persons who the claimant alleges is or are liable to him or her;
- the date and time on which the accident or incident is alleged to have occurred;
- a full description of how and where the accident or incident occurred and the personal injuries sustained; and
- the medical report enclosed with the application must describe the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.
While the above is all information which a practitioner would gather during an initial consultation with a claimant, it must now also be captured in the PIAB application form.
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This all serves to tighten timelines for PIAB applications and effectively shorten the time period during which a claimant must prepare and submit his or her claim.
The third and final phase of the Personal Injuries Resolution Board Act 2022 is due to be commenced by the end of this year.
This sees the introduction of a mediation service as part of the PIAB process. The objective is to create an enhanced personal injuries resolution service and reduce the need for claimants to go to court and thereby reduce the cost of personal injury claims, but it remains to be seen whether these most recent changes will have the desired effect.
For further information on the PIAB process and updates to this process, you can contact Cara Walsh or Michelle Loughnane.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees as a percentage or proportion of any award or settlement.
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[gdlr_tab title=”Cara Walsh” position=”Partner” author_image=”https://mwmlegal.ie/wp-content/uploads/2015/04/Cara-Walsh_1-440×550.jpg” ][/gdlr_tab]
[gdlr_tab title=”Michelle Loughnane” position=”Senior Associate” author_image=”https://mwmlegal.ie/wp-content/uploads/2021/02/Photo_Bio-440×550.jpg” ][/gdlr_tab]
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