Fachtna O’Driscoll solicitors brought a claim for personal injuries for a man who was caused to trip and fall by a large pothole which resulted in him receiving a painful injury to his wrist. Liability (which simply means admission of legal responsibility) was contested, and so the Local Authority declined to have the personal injuries claim assessed by the Injuries Board. This refusal of consent is permitted by the Board’s regulations.
Perhaps a quick summary of the Injuries Board’s procedures and rules might be helpful.
For most personal injuries, it is obligatory to first refer the claim to the Injuries Board. The procedure is as follows:
You must make formal contact with the Personal Injuries Board within the space of two years of having become conscious that have been injured. (It’s universally recommended that you instruct your solicitor to act on your behalf, right from the start, in your dealings with the Board.)
If the person you hold responsible for injuring you does not consent to having the claim assessed by the Board, then you can pursue your claim through the courts.
In addition if you reject the award, or if the respondent rejects the award, the matter can be referred to the courts. You’ll find more information about the Injuries Board here.
To return to the news story: It was, therefore, necessary to get an engineer’s report and initiate court proceedings against the local authority. Fachtna O Driscoll Solicitors secured a settlement without their client having to go to court and give evidence regarding his trip and fall.