PERSONAL INJURY CLAIMS UPDATE 2022

A press release on the 9th February 2022 from the Department of Enterprise Trade & Employment referred to the drafting of the new Personal Injuries Resolution Board Bill 2022 which will provide for the following :

  1. The parties will be asked to consent to Mediation which will operate in conjunction but separate to the current assessment process. The Bill proposes that under mediation, the parties will be free to be represented by a legal advisor or obtain independent legal advice if they so wish. However at present there is no reference as to who will be responsible for the Mediator’s costs or indeed who will qualify as a Mediator.
  2. The Bill seeks to increase the number of personal injury claims that can be resolved through PIAB by including these types of claims not previously assessed by them. The Bill also proposes an extension of up to 2 years beyond the current maximum statutory period of 15 months.
  3. The new Bill will seemingly remove judicial discretion in cases where a claimant rejects an award from PIAB but fails to get a higher award in Court. The Claimant will now be faced with paying his/her own fees and the defendant’s costs in defending the litigation. This will no longer be at the discretion of judges.

As the regulations relating to personal injury claims become more complex and the rights and entitlements of claimants to pursue personal injury claims through the Courts continue to come under threat it is important for people who have been injured to seek advice from experienced Solicitors.

Burns Nowlan LLP has been assisting and advising clients throughout Ireland for more than 35 years.

If you need advice on any aspect of a claim please contact our office at 045 432382 or info@bnsolicitors.ie.

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