On 13th December 2022, President Michael D. Higgins signed the Personal Injuries Resolution Board Bill, which subsequently became law. This legislation modifies and expands the Personal Injuries Assessment Board Act 2003 – 2019, introducing several significant alterations.
- Name Change
The Personal Injuries Assessment Board will now be known as the Personal Injuries Resolution Board (PIRB). The new name signifies the board’s enhanced role in offering mediation as a method for settling claims.
- Mediation
The legislation outlines that mediation aims to resolve claims through agreements reached by the involved parties. Claimants can now apply to the PIRB for claim resolution via mediation, assessment, or a combination of both. However, all parties must agree to mediation. If they consent, a mediator will be appointed from a panel of mediators employed by the PIRB or by someone designated by the board.
Intriguingly, Section 9 empowers the PIRB to invite parties to contemplate mediation when it deems it suitable.
- Fraud Prevention
The legislation emphasises that applications to the PIRB must include the claimant’s Personal Public Service (PPS) number. If a claimant lacks a PPS number, the PIRB will require identity proof through relevant documentation. Failure to supply this information will lead to the statute of limitation continuing to run while the claim remains with the PIRB.
Section 22 states that knowingly or recklessly providing the board with false or misleading information is an offence. Additionally, Section 20 specifies that the board may report suspected offences to An Garda Síochána.
- Assessment of Complex Claims
The PIRB will now assess claims exclusively psychological in nature, representing a departure from the previous stance where the Personal Injuries Assessment Board (PIAB) could choose not to evaluate such claims. The legislation also amends the procedures for assessing claims awaiting a long-term prognosis. With both claimant and respondent’s consent, the board can retain claims for up to two additional years beyond the initial nine months if a medical report verifies that a long-term prognosis will not be available within nine months.
- Costs
The legislation introduces cost protection for respondents by treating declined assessments as tender payments. If a respondent accepts an assessment but a claimant declines, it will be treated as an offer of tender payment. Consequently, if a claimant pursues litigation and the court’s award does not exceed the PIAB assessment, the claimant will be unable to recover their costs and will be liable for the respondent’s costs as well.
Furthermore, if a respondent neglects to pay the relevant fee to the board within the required timeframe, the board can impose an additional administrative charge. The bill even states that the respondent is liable to the board for all charges incurred in relation to the relevant claim.
Stay tuned for more updates on how this legislation will impact personal injury claims.
If you would like an assessment of a claim, you can use the online form available here without obligation or alternatively you can use the automatic claim calculator.
