Injuries Board – Fact or Fiction? – Malpractice Lawyer Dublin

Injuries Board – Fact or Fiction?

Road traffic accidents claims are on the rise according to the Injuries Board. They have accounted for a staggering €88,500,000 – €88.5 million in compensation for the first 6 months of 2013.

The highest recorded award paid out by the Injuries Board to-date is €976,000.

The Injuries Board Chief Executive says the injuries Board continues to focus on “costs savings”.

The question is who are these so called costs savings benefiting? The Insurance Industry of course but we never see their profit margins in bold print.

It is significant that the fee for insurance companies dealing with the Injuries Board has been reduced by 30% BUT the fee for members of the public dealing with the Injuries Board has only been reduced by 10%. Hardly seems fair as it is the claimant who is the injured party. In addition to paying the fee to make the application, the claimant also has to pay for any medical reports he/she needs to support their claim. The Injuries Board will not accept a claim form without a medical report which can cost upwards of €250.00.

And now the Injuries Board have their own “app” with an “interactive claim investor” ………….whatever that is?

The writer would like to know why the Injuries Board needs an app? Is it trying to encourage claims?!

The Injuries Board has openly stated “it closely monitors” the link between claims volumes and insurance premiums.

What is galling and totally disingenuous is the fact Ms. Byron and her ilk have failed to note in their spectacular recent press release the recent statistics that road traffic accident deaths are up considerably; there is an absence of a Garda presence on the roads due to cut-backs and cyclist accidents in Dublin city are up. In the last week, 4 road fatalities were recorded.

The writer does not believe nor accept the Injuries Board is an independent impartial body, there to ensure the rights and entitlements of accident victims are fully protected and represented. At C. M. Haughey Solicitors our experience has shown time and time again, the Injuries Board gets it wrong when it comes to assessing a claimant’s claim. This is partly because they are a faceless institution who only deal with paper.

Examples of Mistakes made by the Injuries Board

  1. Noting a child claimant’s date of birth incorrectly.
  2. Noting a child claimant’s injury incorrectly.
  3. Failing to take into account the opinion of a child plaintiff’s treating doctor.
  4. Failing generally to take into account medical reports submitted by the claimant from his or her treating doctor.
  5. Failing to pay for a specialised scan which has been recommended in order to determine the full extent of the injury.
  6. Refusing to release a claim from their remit even though it is clear the 9 month time limit for assessing the case will not be enough, for example where the recovery has been diagnosed as taking a year or longer.
  7. Failing to include medical report fees incurred by the Claimant.
  8. Their Book of Quantum (and the skeleton) on their web-site setting out compensation valuations is way out of date.

There is no doubt the Injuries Board is a quick-fix, fast-track way to deal with claims for compensation. However it is not suitable nor practical for complex injuries, where multiple medical reports are required and the recovery time is protracted.

At C. M. Haughey Solicitors we ensure each and every aspect of the Client’s injuries are fully and properly investigated. We do not settle cases until we have a final prognosis from the treating doctor(s). We also make sure out of pocket expenses are fully recovered such as medical bills and loss of earnings. Often, it is necessary to factor in future losses which can run to thousands of Euros and should be subject to actuarial calculation.

If you have an accident and are considering an application to the Injuries Board or you are in the process of dealing with your application, why not call us for an no obligation assessment. We are here to help and advise.

If you have any queries regarding any of the points raised in our article, please contact us on 1800938893 or email us on info@cmhaughey.ie.

Freephone:

1800 93 88 93

Contact Info

C.M. Haughey Solicitors,
Christchurch Hall, High Street,
Dublin 8,

Tel (01) 421 4220,
Fax (01) 454 8338
Email: info@cmhaughey.ie

Latest Tweets

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

*This statement is made in compliance with Reg. 8 of the SI 518 or 2002.