Irish personal injury claims · A practical guide
The Injuries Resolution Board is Ireland’s independent State body for resolving personal injury claims through assessment and, where available and agreed, mediation. It was previously called the Personal Injuries Assessment Board, or PIAB. Most claims within its remit must go through the Board before court proceedings can begin, unless they settle first.
This guide explains what to submit, which deadlines matter, how compensation is assessed and what happens when an assessment is accepted or rejected. The process diagrams are followed by the exceptions that can change the route for an individual claim.
Sources: Board fees; section 30: assessment notices. Court approval and other statutory qualifications are explained below.
What does the Injuries Resolution Board do?
The Board assesses compensation and helps parties resolve eligible personal injury claims without a court hearing. Its ordinary work includes injuries from road traffic accidents, workplace accidents and accidents in public places. The statutory remit and exclusions are set out in section 3 of the 2003 Act, as amended.
The Board is not a court. An assessment values the injury on the evidence available; it does not decide a contested negligence case after a trial. Agreeing to an assessment, or being treated as consenting after failing to reply, is not an admission of liability. That distinction matters if the claim later goes to court. See section 16.
Clinical negligence claims arising from healthcare services are excluded from the ordinary Board process. Some other claims are outside its remit, and the Board can decline to assess certain claims under section 17, including cases where the issues make assessment inappropriate. A serious injury does not, by itself, establish that the Board can be skipped.
Is the Injuries Resolution Board the same as PIAB?
Yes: PIAB is the former name of the body now known as the Injuries Resolution Board. The name changed on 14 December 2023 as its resolution role expanded. Older correspondence, statutory titles and some official portal addresses still use PIAB. The change of name did not create a separate compensation scheme or make every claim eligible for mediation.
Three terms help when reading a Board letter: the claimant is the injured person making the claim; the respondent is the person or organisation the claim is made against; and an authorisation permits court proceedings on the relevant claim. An authorisation is not a finding that the respondent was negligent.
How does the Injuries Resolution Board process work?
The route depends on the application, the parties’ responses and whether the claim can be resolved. There is no single timetable that guarantees payment after an application is lodged. This diagram separates the main routes; the sections below explain the deadlines and special cases.
From application to resolution
Identify the correct respondent, obtain medical evidence, complete and sign the application, and pay the applicable fee. Check the legal time limit separately.
The formal notice asks for a response. Mediation requires agreement; the rules for assessment are different.
A mediator helps them seek an agreed resolution. Nobody is required to accept a settlement.
A signed agreement has a cooling-off period and any required court approval. If unresolved, the assessment or authorisation provisions apply.
Where mediation is not proceeding, consent to assessment or no response can allow assessment, subject to statutory exceptions.
The parties decide whether to accept. Acceptance can lead to an order to pay; rejection can lead to authorisation.
Express refusal and other statutory grounds can lead to authorisation without an assessment.
A claim must still be pursued within the applicable deadline. Settlement remains possible; a court hearing is not automatic.
What do you need for an application?
Prepare a signed application, a treating doctor’s medical report and the application fee, supported by accurate claimant, accident and respondent details. Use the Board’s current forms and guidance. A reference number or an acknowledgement should not be treated as proof that every legal requirement has been satisfied.
- Your identity and contact details: use your correct name, address and date of birth. The form requires a PPS number, or the specified identity documentation if you have never been issued one.
- The correct respondent: check the legal name and address of each person or organisation alleged to be responsible. An insurer handling correspondence is not automatically the correct respondent. An employer’s trading name and the legal employer can differ.
- A clear incident account: record when and where it happened, what occurred and what injuries you say resulted. Distinguish what you saw from what somebody later told you.
- Medical evidence: include a report from a doctor who treated you describing the relevant injuries. Check that it deals with continuing symptoms, treatment and prognosis where these can be assessed.
- Your signed declaration: for an adult applying on their own behalf, representation by a solicitor does not remove the claimant’s own signature requirement. Children and claimants needing a representative require the appropriate application arrangements. The form should be checked carefully before it is signed.
- Loss records: keep payslips, employer confirmations, invoices, receipts and travel records. Additional loss information may follow, but keep a clear record of what has and has not yet been submitted.
Keep a complete copy of the submission, the date and method of delivery, the payment record, and every request for additional material. A short document index makes later questions easier to answer: document name, date, what it proves and whether the Board has it. Our personal injury evidence guide provides a wider evidence checklist.
What if the medical report is incomplete?
Identify the missing information before relying on the report for a final valuation. A report that records the initial injury may say little about an ongoing restriction at work, a later referral or the likely recovery period. Tell your doctor about continuing symptoms accurately and keep treatment records. Do not fill a medical gap with an assumed diagnosis or recovery date.
The Board may arrange an independent medical examination under section 24 or request more evidence. Attend appointments and respond to requests; if you cannot, explain promptly and keep the correspondence. Failure to cooperate can have consequences later, including in relation to litigation costs under section 51C.
Application sources: current Board application form and section 11. The statutory validity requirements are especially important where a deadline is close.
What time limit applies, and when does the clock stop?
The ordinary personal injury limitation period is generally two years from accrual of the cause of action or the later statutory date of knowledge. The date of an accident is not the right starting point in every case. Children, disability, fatal claims and special statutory schemes require separate analysis. See section 3 of the 1991 Act and our guide to Irish personal injury time limits.
There is also a separate early notification requirement. Section 8 of the Civil Liability and Courts Act 2004 addresses written notice to the alleged wrongdoer within one month from accrual of the cause of action or the later date of knowledge defined in that section. Failure without reasonable cause can have evidential and costs consequences. This is not the same deadline as the limitation period for bringing proceedings.
A valid application and a formal notice are different milestones
Do not assume that an unfinished online form, payment alone or an informal email stops time. Section 11(3A) sets mandatory signature and confirmation requirements for an application to count for section 50. The medical report is part of those requirements. The Board’s later formal notice to the respondent is a separate step under section 13, following receipt of the application, report and fee.
Section 50 excludes a period when calculating the applicable limitation time. For a respondent named in the original application, that period runs from the making of the qualifying application until six months after the authorisation is issued. For a respondent added later, the exclusion starts on that respondent’s addition. These rules do not give a fresh two-year period or automatically revive an already expired claim.
Which Board letter have you received?
Identify the stage before deciding what a deadline or a lack of response means. A request to consent to assessment is different from a request to accept the amount assessed. This is one of the easiest parts of the process to confuse.
| Document or stage | What it means | Practical action |
|---|---|---|
| Acknowledgement or request for missing material | The Board has received material or needs more. This is not necessarily confirmation of a legally sufficient application. | Check the named respondents, missing items, submission dates and any limitation issue. |
| Formal notice to the respondent | The respondent is asked about the statutory resolution process. The ordinary response window is 90 days. | Distinguish mediation consent from assessment consent. Neither is an admission of liability. |
| Medical examination or evidence request | The Board needs information to progress or value the claim. | Attend or explain promptly why you cannot. Supply accurate updates and retain copies. |
| Notice of assessment | The Board has put a value on the claim. The ordinary response periods differ: claimant 28 days; respondent 21 days, from service. | Check the medical prognosis, losses, deductions, response date and consequences before replying. |
| Mediated agreement | The terms have been put in writing and signed. A statutory withdrawal period applies. | Check every term, the date of the last signature and any court approval requirement. |
| Order to pay | The order creates an enforceable payment obligation; it does not confirm that money has arrived. | Check the order’s terms, payment details and whether payment has been received. Raise non-payment promptly. |
| Authorisation | The document permits court proceedings on the relevant claim; it does not issue proceedings or establish liability. | Record its issue date, calculate the remaining limitation time and decide the next step. |
What happens if someone does not reply?
Silence has different effects at different stages. Failure to consent to mediation does not amount to agreement to mediate. But where the assessment provisions apply, a respondent who does not answer the assessment-consent notice can be treated as consenting to assessment. Express refusal is different. The rules are in section 14.
After an assessment has been issued, the ordinary rule reverses depending on the party: a claimant who does not respond is deemed not to accept; a respondent who does not respond is deemed to accept. See section 31. Do not rely on silence as a strategy, especially where court approval is required.
What is the difference between mediation and assessment?
Mediation helps the parties agree a resolution; assessment gives them the Board’s valuation to accept or reject. A mediator does not impose a settlement. Assessment is primarily an evidence-based valuation process, rather than a trial of disputed liability.
Two ways a claim may be resolved
All parties must agree to use mediation. A mediator facilitates discussion, including issues such as liability and value.
If agreement is reached, it is recorded and signed. Either party can withdraw during the statutory cooling-off period.
An effective agreement can lead to an order to pay, with court approval where required. An unsuccessful mediation is not automatically the end of the claim.
The Board considers medical evidence and financial loss, and may obtain additional information or examinations.
The claimant and respondent have separate response periods and separate consequences for failing to reply.
Acceptance can lead to an order to pay. If the assessment does not resolve the claim, authorisation may allow proceedings.
What actually happens in mediation?
The mediator helps each side explore whether agreed terms are possible. The Board says its mediation is usually conducted by telephone through separate discussions, so it does not ordinarily require everyone to sit in the same room. A confidentiality agreement is required. The process can address issues that a valuation alone will not settle, including disagreement about responsibility.
Prepare a short account of the unresolved issues: what is agreed, what is disputed, which losses are documented and what remains medically uncertain. Keep those issues separate. For example, agreement on the cost of treatment does not necessarily mean agreement on liability or future loss.
The cooling-off period is ten days from completion of the mediation. For this purpose, completion is the date the last party signs the agreement, not necessarily the date of a telephone discussion. To withdraw within that period, notify both the mediator and the Board in writing. Court approval may still be needed. See section 18A and section 18C of the amended Act.
Mediation is available for the ordinary employer, public liability and motor claim categories following their phased commencement. Do not assume every claim or special scheme has identical mediation rights. Mediation consent and assessment consent are separate. If the responses differ, ask the Board to confirm the route and act on any authorisation issued. For advice on a live notice, see our assessment and mediation service page.
How does the Board assess compensation?
Compensation is assessed by reference to the injury evidence and the financial loss attributable to it. The two broad components are general damages for the injury’s effects and special damages for proven financial loss. A diagnosis alone does not establish a final award.
General damages: the effects of the injury
General damages address pain, suffering and loss of amenity. The applicable Personal Injuries Guidelines provide the framework for injury categories and severity. Recovery prospects, duration, ongoing restrictions and the combined effect of multiple injuries matter. Adding the top figure for each separate injury is not a sound way to value a claim.
At the source check for this guide, the Board’s Guidelines page linked the document adopted on 6 March 2021. A proposed amendment is not the same as an operative replacement. Check the applicable framework and any transitional rules for the particular claim; our Personal Injuries Guidelines guide explains that background.
Special damages: the financial evidence
Special damages can include supported loss of earnings, medical and treatment expenses, travel and other attributable losses. Whether an item is recoverable depends on its connection to the injury and the evidence. Future expenses or earnings loss require a justified basis; a rounded estimate is not a substitute for proof.
Illustration: why two similar injuries can produce different totals
Two people may have a similar injury and recovery period, but one may continue to receive full pay while the other has a documented earnings shortfall. Their financial-loss evidence will differ. Equally, a longer absence does not automatically prove that every lost payment was caused by the injury.
Build the loss schedule from records, then reconcile wages, employer payments, benefits and any recoveries or deductions that apply. This is an illustration of the method, not a settlement example or a prediction.
Use our schedule of special damages guide and loss of earnings guide to organise the supporting documents.
Can an average Board award tell you what your claim is worth?
No. An overall award statistic is a description of a group of claims, not a valuation of your injury. Different claim types, severity, recovery periods and financial losses are combined in aggregate figures. A useful comparison requires the same relevant injury features and a clear distinction between general damages and the total including financial losses.
How long does an Injuries Resolution Board claim take?
There are several clocks: preparation, respondent response, assessment or mediation, and the final decision. The statutory assessment period is not a promise that compensation will arrive nine months after the accident or the application.
| Stage | Time or starting point | What it does not mean |
|---|---|---|
| Preparing a complete application | Depends on the evidence, medical report and correct respondent details. | A preparation delay does not suspend the legal limitation period. |
| Respondent response | The ordinary response period is 90 days from issue of the Formal Notice. | It is not the claimant’s assessment-acceptance deadline. |
| Assessment | Ordinarily nine months from the Board’s receipt of respondent consent, the earliest receipt where relevant, or the applicable expiry of the response period. | It is not nine months from the accident, and statutory extensions exist. |
| Assessment decision | Ordinarily 28 days for the claimant and 21 days for the respondent, from service of the notice. | Both sides do not have the same response period. |
| Mediated agreement | Ten-day cooling-off period from completion: the date of the last signature. | Agreement during a call does not necessarily start this period. |
Section 49 allows an assessment extension of up to six months if the required notice is given before the initial period expires. Continuing beyond the extended period on this route requires the claimant’s written consent, which can be withdrawn. There is also a separate process under section 49A where a long-term prognosis cannot yet be determined; it includes a further medical examination and later continuation-consent requirements involving the claimant and each respondent. An unresolved prognosis should not be described simply as an automatic six-month extension.
When asking for a progress update, identify the current stage, the last outstanding document and whether a prognosis or consent issue is holding up the next step. Our personal injury claim timeline also explains what may happen after the Board process ends.
What happens when an assessment is accepted or rejected?
In an ordinary adult claim, acceptance by both sides can make the assessment binding and lead to an order to pay. If the assessment is not accepted, the Board may issue authorisation so the claim can proceed to court. The consequences depend on who accepts, whether silence counts as acceptance, and whether special approval rules apply.
After the assessment: the decision point
Ordinary response periods from service: claimant 28 days; respondent 21 days. Check the actual notice and any statutory exception.
Subject to court approval where required. Deemed acceptance by a respondent can count; the claimant’s silence normally does not.
Consider court proceedings or negotiation, the remaining limitation time and the costs consequences. Rejection does not guarantee a better result.
What should you check before accepting?
Check what is being resolved, not just the headline amount. Read the assessment alongside the medical reports and the submitted loss schedule. Are the injuries accurately described? Is the prognosis sufficiently clear? Have continuing treatment, work restrictions and supported losses been addressed? Are any reductions, offsets or unresolved issues understood?
If information appears missing, raise it immediately rather than letting the response period run out. Do not assume that asking a question extends the statutory deadline. An assessment should be evaluated against the evidence and the alternative route, including risk and cost.
Does an order to pay mean the money has already arrived?
No. An order to pay is a legal payment obligation, not confirmation that payment has been received. It identifies the parties and amount and can be enforced through the statutory court mechanism if it is not complied with. Check the terms and payment position. The relevant provisions are section 38 and section 40.
Is going to court an appeal against the assessment?
Court proceedings pursue the underlying personal injury claim; they are not simply an administrative appeal asking the Board to increase its figure. Liability, causation, evidence and damages may need to be proved. Authorisation permits proceedings but does not file them or book a hearing. Many claims still settle without a trial, but neither settlement nor a higher award is assured.
What is the costs risk if you reject an assessment?
A claimant who rejects an assessment accepted by a respondent can face an important costs restriction if the later award or settlement does not exceed that assessment. The rule includes deemed rejection and deemed acceptance. It is not limited to a court awarding a lower figure: an equal result, and settlement of the proceedings, can also be relevant.
Under section 51A, the claimant can be barred from recovering costs in those circumstances. The accepting respondent is also treated as having made a tender at the assessment amount from the relevant acceptance date, subject to the statutory qualifications. Later formal offers, payments into court or tenders, and non-accepting respondents, can change the analysis.
This does not mean every person who rejects an assessment automatically pays every defence cost. The applicable provisions, timing, parties and later litigation events must be examined. Before rejecting, ask for a comparison of the evidence supporting a higher valuation, the likely costs exposure and the possible net outcomes.
What changes for children, protected parties and fatal claims?
An ordinary adult-claim flowchart is not sufficient where court approval or special statutory rules apply. Identify these issues at the start, rather than waiting until an assessment arrives.
- Children: an application is made through an appropriate representative. A proposed resolution requires the relevant court approval; a parent’s agreement alone does not complete the process. Under section 30(3), the assessment notice also directs the representative to obtain independent legal advice on acceptance. Limitation rules are also different from the ordinary adult position.
- A person lacking full capacity: the correct representative and court-approval route must be established. Do not assume that a relative can sign every document simply because they assist with daily matters.
- Fatal injury claims: the personal representative, dependants, allocation of compensation and court approval require specific consideration. See our fatal injury claims guide.
- Garda compensation claims: the Board has a role under a separate statutory scheme with modifications to the ordinary Act. Its eligibility, application route and time rules must be checked separately.
- Several respondents: different responses can produce different consequences. Adding a party later can also change the starting point of the limitation exclusion for that party.
Primary provisions include section 11(5), section 35, the Courts Service guidance on approval of a minor’s settlement, and section 20 of the Garda Síochána (Compensation) Act 2022.
Do you need a solicitor, and what does the process cost?
You can apply to the Board without a solicitor. The choice is whether you need professional help with the legal and evidential decisions: identifying respondents, protecting time limits, assessing medical uncertainty, documenting loss, dealing with liability issues and deciding whether to accept a resolution.
A solicitor can organise the claim and advise on those decisions, but cannot promise an award, a fixed completion date or a particular court outcome. A difficult prognosis, a child’s claim, disputed responsibility, multiple respondents or an approaching deadline can make individual advice particularly important.
Separate the Board fee from other costs
The claimant application fee is €45 online or €90 by paper or email. A treating doctor may charge separately for a report. The Board does not charge an additional fee for mediation. The current respondent charge is €1,200, covering mediation, assessment or both; it is a separate respondent charge, not an extra claimant application fee. See the Board’s respondent guidance.
Some reasonable and necessary process expenses can be included under section 44, subject to its conditions. Do not assume that employing a solicitor means all solicitor fees will be paid by the respondent through the Board. Ask for written costs information and how fees, outlays and any recoverable amounts would be dealt with at each stage.
Our legal costs guide explains the questions to ask before instructing a firm. Any funding arrangement must be considered on its actual terms.
Need advice on a Board application or assessment?
Lalloo Solicitors can advise on the application, the evidence, mediation and the decision after an assessment. When contacting us, identify the stage you have reached and any deadline shown on the latest letter.
Common follow-up questions
Can the Board deal with a claim where liability is disputed?
Disagreement about liability does not itself mean a claimant can ignore the Board process. Mediation can explore liability issues where available and agreed. Assessment does not determine a contested negligence case as a court would, and participation is not an admission. The respondent’s response and the Board’s statutory powers determine the next route.
What if the insurer does not answer the Board?
First identify the notice and the legal respondent. At the initial assessment-consent stage, failure to reply can allow assessment under section 14. After an assessment is issued, respondent silence ordinarily counts as acceptance under section 31. These are different rules, and neither means the claimant should ignore their own deadline.
Can I settle before the Board makes an assessment?
A claim can settle directly without waiting for an assessment. Before agreeing, check that the medical position, losses, terms and any court-approval requirement are understood. A direct settlement is not automatically suitable merely because it would be faster. Notify the Board as appropriate if a live application has resolved.
What if I am still receiving treatment?
Ongoing treatment does not automatically prevent an application, but it may affect whether the claim can yet be valued reliably. Keep the medical evidence current and identify any unresolved prognosis. Section 49A provides a specific process for cases where a long-term prognosis cannot yet be determined.
Can I change solicitor during the Board process?
Changing representative does not restart statutory time limits. Before arranging a change, establish who is responsible for the immediate deadline, how the file and correspondence will transfer, and how outstanding fees and outlays will be addressed. Confirm the updated representative details with the Board through the appropriate process.
Where do I find the PIAB or Injuries Resolution Board login?
Use the links on the official Board website. The public claimant application form and solicitor portal are different services. Injured.ie does not operate either portal and cannot provide a Board password or account login.
Official sources and Board contact details
For an existing Board file, use the contact details in your correspondence or the official Board website. The Board lists 0818 829 121 and enquiries@injuries.ie for enquiries. Lalloo Solicitors is separate from the Board.
The guide links to primary sources beside the relevant explanations. Key documents are collected here for checking the underlying rules:
- Injuries Resolution Board: official service, contact and application information.
- Current forms and mediation guidance.
- Personal Injuries Assessment Board Act 2003, revised: application, mediation, assessment, authorisation and costs provisions. The consolidation displayed an update date of 1 December 2025 when checked; individual amendment and commencement notes must also be read.
- Statute of Limitations (Amendment) Act 1991, revised and Civil Liability and Courts Act 2004, section 8: limitation and early notification.
- Personal Injuries Guidelines adopted 6 March 2021: the document linked by the Board at the source check.
- Board Annual Report 2025, published July 2026: dated operational results, including assessment duration.
General information notice: This page is provided for general information only and is not legal advice. Legal advice should be taken in relation to individual circumstances. Injured.ie is operated by Lalloo Solicitors, Alexandra House, 3 Ballsbridge Park, Dublin 4. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.