# How long from the release from PIAB to actual court?



## Lamps (21 Apr 2008)

I’m in the process of making a claim for an injury I sustained. 

It was released by PIAB last October as the prognosis of the injury could not be obtained within their 9 month time-frame. 

I want to go travel the world for a year and hopefully get a sponsorship out in Oz and maybe stay out there and work. 

I can’t really go away till this is sorted (as surely I will have to attend court on a few occasions) or can I? Is it necessary for me to attend court? How long does this generally take to sort out. 

It’s a pain in the ass, I want the money so I can really enjoy my travels and would rather sort this out before I go. 

Nay help advice would be appreciated. 

I’d ask my solicitor but I’ll get charged and I think he’s a pompous prat (although he’s good!)  

Its in the High Court. 

I'm just looking for an average rough estimate timewise here! 

Also, if I was away, could my solicitor and lets  say my dad just work in my best intrests? Obviously through phone contact with me.

  Thanks.


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## contemporary (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

i know a chap in a similar circumstance, he's waiting 2 years for a court date


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## dereko1969 (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

if you're in such a rush, you could settle, crazy idea i know! while it will cost you to talk to your solicitor given that your case will be heard in the high court i think you can afford it.


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## leapfroggie (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

I've been told 12-15 months. A friend is using the same solicitor and after PIAB released his case he was told he'd be settling last June. Still hasn't settled despite both parties willingness to get on with it.


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## MandaC (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

My mam is involved in a claim that was released from PIAB last July (2007) and if she is lucky she has been told she may get a court date by Xmas.(2008)


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## Lamps (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

Cheers lads.

After consulting the book of quantum, id say im looking at about 85K, which would nearly buy me a small apartment in Oz, so its a considerable amount.

I think I may just go (sooner rather then later) and then when i have to come home I have to come home, use it as holidays. Pain in the ass though. Sont want to loose a fortune by settling now.


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## Madangan (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*



Lamps said:


> Cheers lads.
> 
> After consulting the book of quantum, id say im looking at about 85K, which would nearly buy me a small apartment in Oz, so its a considerable amount.
> 
> I think I may just go (sooner rather then later) and then when i have to come home I have to come home, use it as holidays. Pain in the ass though. Sont want to loose a fortune by settling now.


 

 Does the book of quantum really suggest €85,000 for a pain in the ass?


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## Hasslehoff (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

Lamps whats wrong with you anyway ? There is no mention of injuries in your posts.

Manda C, now that is a long time to wait for a few pound.

The average time frame from the letter of claim to court closure is now 3 years.


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## MandaC (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

PIAB are supposed to deal with claims within 9 months, but in my mam's case they effectively sat on it for about 15 months before deciding they could not make a decision.  Speaking to other people as well, that does not seem far from the norm either.


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## Lamps (22 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*



Hasslehoff said:


> Lamps whats wrong with you anyway ? There is no mention of injuries in your posts.
> 
> Manda C, now that is a long time to wait for a few pound.
> 
> The average time frame from the letter of claim to court closure is now 3 years.



I dont think theres any need to know my injury, dont want to get to specific on a public forum.

And PIAB are quite good, i havent heard of may cases (actually any) that have been outside the 9months and i work in the legal business


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## Cheeus (23 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*



Lamps said:


> Cheers lads.
> 
> After consulting the book of quantum, id say im looking at about 85K,
> 
> .


 
Be very careful about counting your chickens before they hatch. How did you calculate 85k? If you've 'added up' you injuries you could be over-estimating. If you have one serious injury that's worth 85k according to book of quantam it is probably worth more in reality. 

In my opinion if you are looking at a large settlement you would be crazy to just leave it to your dad/solicitor to sort out. If you're seen to be off in Oz having a ball they might think your injuries aren't that significant!?


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## selfbuildkk (23 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

I agree with the previous poster,to me it would not look great claiming from the other side of the world for what I imagine are quite serious injuries by the amount youre hoping for (85k).If your injuries are that bad I would be careful, the guys making the decision could be thinking they cant be that bad if you are heading off to Oz,also you say here you are in the legal profession but on another post complain about being stuck in a dead end clerical role in the civil service???


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## liketoknow (23 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

i was in a crask 2 years ago, not my fault, and my solicitor arranged an actuary report, they assessed my loss at 335k, as i cant work again.

piab assessed my loss at 11k. insurance company agreed with my solicitor on 12k.

i came out with 8.5k 

i wouldnt count my chickens


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## Lamps (23 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

Its a specific injury to one part of my body, with the other party admittting liabilty etc. 

also i wont be in Oz having a ball, ill be working full time in a professional job.

And selfbuild, the reason im working in a clerical role is becuase i cant get a job in my area of legal work in ireland. Its a very very specific area and theres no demand in ireland for it at the moment, with a massive demand in Oz.

Im not counting my chickens either, the book of quantum says for a medium class injury to which mine relates is 85kish, mine is the severe end of the scale, with all the medical legal reports ive had done saying so. Thats without loss of earnings/expenses etc

Ah this is a toughie...


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## Madangan (23 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

You can go to Australia and come back twice a year and with forward planning arrange to have medicals, legal meetings etc... when you are back. It will be difficult  and expensive but if you really want to go to Oz its doable. Bottom line you need to discuss this with your solicitor in depth. That said  you could well end up waiting 2 years for case to be settled/ heard in Court...do you want to put your life on hold until then...only you can decide.


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## selfbuildkk (23 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*



Lamps said:


> And PIAB are quite good, i havent heard of may cases (actually any) that have been outside the 9months and *i work in the legal business*


 Sorry the post was a bit misleading.


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## Hasslehoff (25 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

HI Lamps
"I don't think there's any need to know my injury, don't want to get to specific on a public forum". - Considering you have been quite secretive and surreptitious about yourself up till now why break the habit.

"And PIAB are quite good, I haven't heard of may cases (actually any) that have been outside the 9months and I work in the legal business". - Lamps if you were involved in the "legal business" you surely would know that not all assessments/awards are agreed by both parties (even if liability is not an issue) and thus the matter goes into the dilatory process of litigation.
Plaintiffs always view "their" injuries as reaching the apogees of the scale, but if you do not want to disclose your injury that's acceptable. However these calculations are tested objectively and so your subjective calculations bear no resemblance on what might transpire.
By the way what area of Law are you in ?


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## Stifster (25 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*



Lamps said:


> I dont think theres any need to know my injury, dont want to get to specific on a public forum.
> 
> And PIAB are quite good, i havent heard of may cases (actually any) that have been outside the 9months and i work in the legal business


 
As a solicitor I'd say PIAB are grand for small ticket cases and i only last week was sent an authoristation becuase it was outside the 9 months. For more valauble ones they are slower and those ones tend not to be accepted anyway.

In addition you can claim the cost of coming back for the Court date as special damages.....


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## Lamps (28 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

thats actually something i never thought of, claiming the cost of coming back as expenses...

looking into it, I see that people get 10 - 15k for a bit of whiplash, thats crazy.

I work in environmental law by way to whoever asked but thats not really relevant.

After thought im going to go talk to my solicitor about it and see what he has to say.


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## quarterfloun (30 Apr 2008)

*Re: How long from the realese from PIAB to actual court?*

FWIW as far as I know - having had to be a witness before - I claimed mileage, overnight stay and loss of earnings. Whilst you might not qualify for the mileage rate to and from Oz I dare say your flights and board should be covered. It's not your fault that the legal process takes eons when the rest of us manage to get our work done in a timely manner so why should you suffer? Get on with your life and make your solicitor earn his keep.


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## Skary (13 Aug 2008)

*Re: How long from the realese from PIAB to actual court?*

Noting that this was last posted on a few months back, Lamps - to give you an idea - my release from the PIAB was in Sept 2005!!!! I am STILL waiting on a court date - and looking at court terms, it would be unlikely to be before 2009
(however have just gotten notice that the defendants insurance company want to meet for a settlement meeting)  so by all means go on your travels, however, I would be very wary of the defendants having a PI on your tail as if you are planning on doing long distance travelling  and enjoying yourself, they will very likely fight that you are well enough to travel so you are overstating the injury, and you could end up with a lot less than you should get.


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## allthedoyles (14 Aug 2008)

*Re: How long from the realese from PIAB to actual court?*

We had a claim reduced fro 22k to 5k after an appeal - with no explanation .best of luck with 85k. !


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## nuac (15 Aug 2008)

*Re: How long from the realese from PIAB to actual court?*

Just read through your post.    You call your solicitor a "pompous prat", but went on to say he was good.   I wonder.

My experience is that those who behave like pompous prats are rarely good performers in any profession.    Such misbehaviour should not be accepted by anyone.     

In any case you are entitled to ask for advice on your options as part of the all in cost of running the action, most of which will be paid by thei defendants insurers.

If you case is worth 85K you should stay and get it finished.    Trials now come on quickly in venues outside Dublin and you should ask your solicitor are "pleadings closed"  i.e. notices for particulars replied to and defence filed.   If so and if you live outside Dublin you may be able to serve a notice for trial for one of those venues.


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