The Personal Injuries Resolution Board Act 2022 has now brought additional elements into operation as and from the 4th September 2023. Below are a list of new provisions of interest and importance to applicants of the process.
Section 3: Requirement For Further Information;
Section 3 of the new Act requires a Claimant to sign the application and confirm details as follows:
- The Claimants PPS Number;
- A more detailed description of how and where the accident/incident took place;
- A description of the personal injuries complained of;
- Enclosing a Medical Report which describes the personal injuries complained of.
- To actually sign their Injuries Board application form, regardless of whether they are legally represented or not.
This extends the information ordinarily required for the PIAB application in its present form.
Section 7: Psychological injuries
Section 7 of the new Act allows PIAB to make an assessment of cases involving psychological injuries. Previously, PIAB in those circumstances was obliged to issue an Authorisation allowing the Claimant to move forward with Court proceedings to pursue a claim for those psychological nature.
Section 14: Extension of Time
Section 14 of the Act inserts a new Section into the principal Act. It abolishes the previous discretion of the Board not to make an assessment in situations where the Board obligations to complete an assessment within a certain time frame might not be complied with while a long-term prognosis is awaited. The Act now provides that PIAB can extend the 9-month assessment period for a further specified period where the Claimant’s long term prognosis is unlikely to be available within that 9-month period. If after further medical examination a long-term prognosis has still not been determined, the Board must then write to the Claimant and the Respondent giving them the opportunity to consent to the Board continuing to deal with the matter.
Section 16: Tender and Costs
The Act indicates that if a Claimant is not awarded in Court a sum in damages greater than the assessment made or, if the Claimant settles its claim for a sum not greater than the assessment made then no award of costs or any other Order providing for the payment of costs may be made in favour of the Claimant. This Rule will not apply if the Respondent makes a formal offer less than the assessment or a form of tender offer is made. A formal tender offer is a process were one or other side makes a formal offer to settle the proceedings. If the offer is not accepted, the existence of the offer can be used against the party who is unsuccessful in later Court proceedings.
The Act also provides that an assessment made by the new PIAB which has been accepted by the Respondent, will be deemed to be a tender offer. This has serious implications for any Applicant who does not accept an assessment and later either settles its case or is awarded a sum in Court less than the assessment amount.
Section 20: Disclosure to Garda
Under Section 20 of the Act, the Board has the power to disclose information to the Garda which may relate to the commission of an offence in the opinion of the Board.
Section 22: Offence of false or misleading information
Under Section 22 of the Personal Injuries Resolution Board Act 2022, it is now in offence for a person who knowingly or recklessly provides the Board with information which is false or misleading in a material particular in connection with the application. This means that the offence will apply also to false or misleading information which was not correctly fact checked or that had no basis for the assertion. Applicants should be very careful therefore when completing their application and dealing with the Board to ensure that their application is accurate and correct.
If you have any query in relation to Personal Injuries or any litigation matter, please do not hesitate to contact Donna Phelan or Conor Cleary here at 01 2960666.
