How long from the release from PIAB to actual court?

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.

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

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.

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.

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)

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.

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.

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

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.

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.

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.

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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

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,

.

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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!?

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???

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

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...

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.

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

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Sorry the post was a bit misleading.

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 ?

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

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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.....

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.

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.