How many personal injury claims go to court?
In Ireland, personal injury claims from traffic accidents, public liabilities, and workplace accidents are presented before the Personal Injuries Assessment Board. However, if the responsible party [Respondent] doesn’t want to go through PIAB, they can decide to go through the court process.
Usually, once you present your case to PIAB, they notify the respondent within 90 days. If the respondent disagrees with the notice, you’re given legal authorization by PIAB to proceed through the courts.
Claims taken through the Courts are usually settled on average within 36 months from the incident date. If you go through PIAB and injuries board, compensation time limit for claims is on average 9 months after the third party accepts liability for the personal injuries. Reasons why some cases proceed through Court
Denial of liability
If you or the other party contests the compensation award amount given through PIAB’s assessment, then you case must go through the courts.
Psychological Injuries
The assessment board also allows you to go to court if you suffered any psychological effects due to the injury, as PIAB cannot assess these cases.
Uncooperative defendant/ insurer
If the third party or the insurer is proving difficult to deal with, the injuries board will give you the go-ahead to lodge your claims with the courts. A respondent or insurer taken through the court system is legally obligated to respond to the case.
Interim payments
If you require urgent medical attention but don’t have enough money to cater for the medical expenses, you can apply to the courts for interim payments. For this process, it’s recommended to apply through a solicitor. However, you need to prove your claims with well detailed medical reports.
How often do personal injury claims go to court?
As noted above, few personal injury compensation claims go to court in Dublin and Ireland at large. Most people would instead prefer to settle outside of the courts or through the Personal Injuries Assessment Board.
Approximately 5 percent of all personal injury claims get settled at a court hearing. The Irish personal injury system allows the parties involved to settle out of court through a settlement meeting or pre-trial negotiations. If you’re happy with the decisions made by the other party and the compensation offer is reasonable, you don’t have to proceed with the court hearing.
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Why is it Better to have go through the Personal Injuries Assessment Board?
If you’re wondering why very few cases proceed to the courts, here are some of the reasons.
Court proceedings are expensive
Imagine the time you’d spend making your court application and attending court hearings. Besides, you’d also need to pay for your solicitor’s legal fees. Assuming you lose your case, it would mean lost time and money and you may be ordered to pay the other party’s legal fees.
Solicitors keenly vet which claim is worth taking to the courts
Solicitors vet all cases before deciding to take them on. Usually, the law firm you hire weighs your case to determine if you have a reasonable prospect of being successful. Therefore, it’s essential to work with a solicitor to help you get the best settlement offer for your injury claim, because how do you know if any offer being made to you is reasonable?
The outcome of court cases is uncertain
Court cases are very uncertain, and the outcome may not always favour you. The respondent’s insurance company will hire solicitors who know how to negotiate the case to their advantage, so always be vary about proceeding to a Court hearing.
Trials are stressful
Even though you don’t face a jury for personal injury cases, the process is stressful for the parties involved. The process involves a lot of cross-examination in the courtroom. Besides, a background check is conducted, and your past may be keenly judged in the presence of everyone.
Do I Have to Attend Court Cases in Person?
Yes, you must always attend Court. In most cases, personal injury solicitors / barristers can represent you.
Why is it Better to have go through the Personal Injuries Assessment Board?
No, personal injury claim hearings settled in court are ruled by a Judge. The cases are heard in a civil courtroom without a jury, making the process less stressful for all the parties.
Conclusion – No Win No Fee * Explained
Only about 5 percent of all personal injury claim cases go to a full court hearing, while the rest are settled out of court. This is because court processes are stressful, and expensive.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
