# PIAB Authorisation



## Legal Eagle (28 Dec 2008)

I am a long time reader to this forum and first time poster. I have a Personal Injury claim which I lodged with the Injuries Board and they have sent me an 'Authorisation' to persue my legal case. I had applied for Legal Aid but have been refused. As I am unable to afford to pay a solicitor I am going ahead with this case myself. What I need to know now. How do I go about preceding with this Authorisation that I have received?


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## McCrack (28 Dec 2008)

Look nobody can tell you the procedure with such little info, it depends on the court you choose to enter your claim in which in turn is dependant on how much money you deem your personal injury to be worth.
In a nutshell you will need to draft a Personal Injuries Summons and serve it on the other side in accordance with court rules, you will need to draft affidavits and have them correctly sworn and filed in the correct court office, Discovery will be an issue (which is exchange of relevant information to the action), notice for particulars and replies..all this and not to mention motions (which are pre-trial applications to the court) (and more) needs to be done within the legislation and court rules.

I'm not telling you this to frighten you but these are the issues you will be faced with and an internet site such as this is not the place you will find all the info you will need, nor is there a book you can buy that will tell you how (there are practitioner texts but these are geared towards people legally trained and they wont make much sense to you)

I'd suggest that you contact solicitors who practice in litigation, let them see the metits of your case and if it's a good case most will take it on a no win no fee basis. This means that if you lose you will not be liable for your sides legal bill but you will be liable for the defendants.

If your case is strong you shouldnt have anything to worry about, professional advice is your only answer to this not seeking how to run your case from the internet.

Good luck and post back here to let us know how youre getting on.


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## dazza21ie (29 Dec 2008)

Totally agree with the above. Be careful not to leave it too late before you go to a solicitor because time can easily run out on you and your case will be gone.


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## nuac (31 Dec 2008)

agree with McCrack and Dazza - talk to a solicitor.   If your case has merit most offices will take it on.    If a number of solicitors refuse to act for you, you may not have a good case.

Applying for legal aid can take time - and time is ticking away.   You can lose any right to take the claim if you delay past time limits.


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## FKH (2 Jan 2009)

Why did the PIAB send you an authorisation rather than assess the case? If the other party is denying liability then you would be better with a solicitor representing you. In these times you should probably be able to get a solicitor to take this case on a no foal no fee basis if they feel that you have a reasonable case.


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## dazza21ie (2 Jan 2009)

FKH said:


> Why did the PIAB send you an authorisation rather than assess the case? If the other party is denying liability then you would be better with a solicitor representing you. In these times you should probably be able to get a solicitor to take this case on a no foal no fee basis if they feel that you have a reasonable case.


 
PIAB can refuse to assess the claim even if liability is admitted by the other side e.g. cases of ongoing loss and damage. This is one of a number of problems with PIAB.


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## Legal Eagle (4 Jan 2009)

FKH said:


> Why did the PIAB send you an authorisation rather than assess the case? If the other party is denying liability then you would be better with a solicitor representing you. In these times you should probably be able to get a solicitor to take this case on a no foal no fee basis if they feel that you have a reasonable case.


 
They had made the Authorisation under section 17 of the personal injuries assesment board act


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## Legal Eagle (18 Jan 2009)

I have made out my Personal Injuries Summons. It will be served to a company outside the jurisdiction. Do I ask the court for leave to serve the summons before lodging it into the High Court?

I have read the Court rules but can't find a direct answer. Can anyone tell me from the Order 11, 11A, 11B : http://www.courts.ie/rules.nsf/SuperiorRules?OpenView

many thanks if you can help.


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## Ravima (18 Jan 2009)

all the more reason to consult a solicitor as any flaw in the procedure could render service invalid. Also, you need to weigh up the chances of collecting any judgement. There is not much fun in gettin ga judgement if you cannot collect.


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## Legal Eagle (20 Jan 2009)

Ravima said:


> all the more reason to consult a solicitor as any flaw in the procedure could render service invalid. Also, you need to weigh up the chances of collecting any judgement. There is not much fun in gettin ga judgement if you cannot collect.


 
Thanks for your reply however there will be no solicitor involved. I cannot afford to pay a solicitor at 200 Euro an hour, I dont even earn this in a week!!!

Now can anyone tell me in a Personal Injury Summons do you have to state at this stage how much damages you are claiming in compenisation?


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## j26 (20 Jan 2009)

Legal Eagle said:


> Thanks for your reply however there will be no solicitor involved. I cannot afford to pay a solicitor at 200 Euro an hour, I dont even earn this in a week!!!
> 
> Now can anyone tell me in a Personal Injury Summons do you have to state at this stage how much damages you are claiming in compenisation?


You should really go to a solicitor, but if you insist on going it alone, here are a couple of pointers for the PI summons.

If you realistically (and I mean realistically) believe you'll get less than €38,000 in compensation, run it in the Circuit Court as opposed to the High Court, otherwise even if you win, but get less than 38,000 you coud be fixed with costs which means you'd have to pay the defendants costs which could amount to way more than 38,000.

You should list all your "Specials" - which are quantified costs you have incurred - e.g. medical bills, transportation costs, replacement of damaged goods etc. in your particulars of special damage (Schedule 1)

Make sure you include in the claim;
1. Interest pursuant to statute
2. The costs of the proceedings, and 
3. Such further or other Order as this Honourable Court shall deem fit
Unless you claim them you won't get them.


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## Legal Eagle (20 Jan 2009)

j26 said:


> Make sure you include in the claim;
> 1. Interest pursuant to statute
> 2. The costs of the proceedings, and
> 3. Such further or other Order as this Honourable Court shall deem fit
> Unless you claim them you won't get them.


 
Can you explain this a bit more numbers 1,2 and 3? thank you


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## j26 (20 Jan 2009)

1. If you win and get a judgment for a cash amount, you are entitled to interest on this at court rates, but only if you claim it.
2. You are looking for your costs - it is likely you would have to call expert evidence of your injury, etc. 
3. A catch-all allowing the judge to make other orders, and covers you if you got something else wrong.  If you fail to put it in, the judge can only decide on what you claimed, and if something extra came out in the course of the proceedings, it would be a lost opportunity.

btw on the "Specials", make sure you have receipts in case they are contested.

As you can see, it's starting to get complicated, and that's even before prodeedings are intitiated.  Once they commence you will have to deal with Defences and maybe even Counterclaims, Discovery, Inspection, Interrogatories, there may need to be a third party involved, and there are specific procedures for all of these.  There are timetables for all of these and the defendant is entitled to have the case thrown out if you fail to do as required.  You can re-enter, but this could leave you foul of the Statute of Limitations.  You may find yourself in court innumerate times for motions for this and that.  The other side will have legal experts who know their way around the system, and will use every opportunity to frustrate your claim. Even when you get to court, the judge will probably adjourn and strongly recommend to you to get legal advice, because of the implications involved (you may be facing a huge bill if you lose).  When the hearing finally gets going, you are up against trained experts whose job is to pick apart the evidence you tender to the court, and cast doubt on it.  You may even fail to give the necessary evidence to sustain your claim (e.g. failing to establish there was a contract in a contract case), and your case is thrown out.  Then, after all that, even if you win, you are faced with the issues of enforcing the judgment if the defendant fails to pay up.
As you can see, it gets very complicated.  If you believe you have a good claim, you really should get representation at this point.  getting through PIAB was the easy part.  Court is a different kettle of fish.


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## Madangan (20 Jan 2009)

Legal Eagle said:


> Thanks for your reply however there will be no solicitor involved. I cannot afford to pay a solicitor at 200 Euro an hour, I dont even earn this in a week!!!
> 
> Now can anyone tell me in a Personal Injury Summons do you have to state at this stage how much damages you are claiming in compenisation?


 
You need at least to talk to a solicitor...if you have a good case it is likely that your solicitor will not seek any funds(for his fees) up front and may agree to a no fee no foal basis....if you dont have a good case then now is the time to hear it before you waste all your time ( and your money on  outlays)... This is particularly the case if you are trying to pursue defendants outside the jurisdiction..

Alternatively you can keep asking questions and get semi- accurate answers( as no one on this forum , without knowing all the ins and outs of your case can properly advise you)

Also if you have a good case a good solicitor will get you more money than you will get on your own..


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## Incamera (20 Jan 2009)

I have to say I think it's a bad idea giving the OP further advice. The only advice he should get is to find a competent solicitor he can afford. This entire process of preparing and serving the PI summons without proper experience or advice strikes me as "penny wise and pound foolish". 

If the OP has a good case, it shouldn't be difficult to find a solicitor who will run with it in expectation of payment at some point down the line. If the OP has a bad case, he is simply being helped to further a vexatious claim.


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## nuac (20 Jan 2009)

Methinks the OP may be winding us up,    S/he is embarking on major litigation apparently without knowledge of the simplest basics?.

In my long experience of litigation I have never heard of a reasonable personal injuries claimant not being able to get a solicitor to act.    If the office consulted are unwilling to take it on, they could recommend an office that would  - horses for courses and all that.

If the claim is not a runner, ,most lawyers will say so.


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## Legal Eagle (22 Jan 2009)

nuac said:


> Methinks the OP may be winding us up, S/he is embarking on major litigation apparently without knowledge of the simplest basics?.
> 
> In my long experience of litigation I have never heard of a reasonable personal injuries claimant not being able to get a solicitor to act. .


 
No one stated that I could not get a solicitor to act for me. You might refer back to post No. 10 its states that I cant afford a Solicitor as I only get 200 euro a week, Solicitors wants this in 1 hour!!. I have heard yesterday of a friend that went to a solicitors office and wants 300 euro an hour, and that dont even include postage, stamps, envelops, paper or hidden extras. The solicitor also demanded 1500 Euro up front. The client turned and walked straight out the door!!


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## McCrack (22 Jan 2009)

Legal Eagle said:


> No one stated that I could not get a solicitor to act for me. You might refer back to post No. 10 its states that I cant afford a Solicitor as I only get 200 euro a week, Solicitors wants this in 1 hour!!. I have heard yesterday of a friend that went to a solicitors office and wants 300 euro an hour, and that dont even include postage, stamps, envelops, paper or hidden extras. The solicitor also demanded 1500 Euro up front. The client turned and walked straight out the door!!


 
Go back and read my post (#2) and specifically the bit where I said:

 "I'd suggest that you contact solicitors who practice in litigation, let them see the metits of your case and if it's a good case most will take it on a no win no fee basis. This means that if you lose you will not be liable for your sides legal bill but you will be liable for the defendants.

If your case is strong you shouldnt have anything to worry about, professional advice is your only answer to this not seeking how to run your case from the internet."

Any thoughts?


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## Askar (22 Jan 2009)

McCrack said:


> Go back and read my post (#2) and specifically the bit where I said:
> 
> "I'd suggest that you contact solicitors who practice in litigation, let them see the metits of your case and if it's a good case most will take it on a no win no fee basis. This means that if you lose you will not be liable for your sides legal bill but you will be liable for the defendants.
> 
> ...


 
I think this is very good advice. 

You will probably need to apply to court to serve out of jurisdiction depending on relevant jurisdiction (as Brussels Regulation might apply). There is also the recovery issue to consider, as well as the merits of your actual claim i.e. you might have a good case but company may have no assets against which you can recover. So, even assuming you navigate through the Courts in Ireland and secure judgement and 'perfect' the court order in your favour, you may have to pursue enforcement proceedings in the foreign jurisdiction - so you will need to familiarise yourself with that legal system and attend at those courts. Can you afford to travel and do you speak the language so you can communicate with the relevant court officials?


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