Receiving a Notice of Assessment is a significant moment in your personal injury claim. The decision you make next, whether to accept or reject the assessment, has real consequences for how your case proceeds. At Michael Boylan Litigation, we work with claimants and respondents at exactly this stage, helping them understand what the assessment means and what their options are before any decision is made.
What Is an IRB Assessment and a Notice of Assessment?
The Injuries Resolution Board (IRB), formerly known as PIAB, is an independent statutory body in Ireland that assesses personal injury claims without the need for court proceedings in the first instance. When the IRB completes its assessment of your claim, it issues a Notice of Assessment, which sets out the amount of compensation it considers appropriate.
What the IRB Assesses (and What It Does Not Decide)
The IRB assesses general damages (compensation for pain, suffering, and loss of quality of life) and special damages (out-of-pocket expenses such as medical costs and loss of earnings). Its assessment is based on the medical evidence submitted, the Book of Quantum or applicable guidelines, and any financial documentation provided.
It is important to understand what the IRB does not decide. The IRB does not make findings on liability. It does not determine who was at fault for the accident. If you proceed to court after rejecting an assessment, liability will be a matter for the court to decide.
What Information Is Usually Included in the Notice of Assessment
The Notice of Assessment typically sets out:
The total amount of compensation the IRB considers appropriate.
A breakdown of general and special damages.
The deadline by which you must respond, either to accept or reject.
Instructions on how to respond and what happens if you do not.
Your Decision Window
Once you receive the Notice of Assessment, strict time limits apply to both the claimant and the respondent.
As the claimant, you have 28 days from the date of the Notice of Assessment to indicate whether you accept or reject the award. If no response is received within this period, the assessment is treated as rejected by the claimant.
The respondent (typically the person or organisation you are making a claim against, or their insurer) has 21 days to respond. If the respondent does not respond within this period, the assessment is deemed accepted by them.
Once both parties have responded, or once the relevant deadlines have passed, the IRB processes the outcome based on the combination of responses received. The possibilities are set out in the sections below.
What Happens If You Accept the IRB Assessment
If both you and the respondent accept the IRB assessment, the process moves towards settlement. The IRB issues an Order to Pay, which is a legally binding direction requiring the respondent to pay the assessed amount. Payment is typically made within a specified period. Once paid, the claim is fully resolved and you cannot pursue the matter further in court.
If you accept but the respondent rejects, the matter does not settle at this stage. The IRB issues an Authorisation, which allows the claim to proceed to court. You do not lose the right to pursue your claim simply because the respondent rejected the assessment.
What Happens If You Reject the IRB Assessment
If you reject the assessment, whether or not the respondent accepts it, the IRB issues an Authorisation. This document gives you the right to bring court proceedings in respect of your claim. Rejecting the assessment does not mean you will necessarily go to trial; many cases settle through negotiation before that stage is reached.
It is worth noting that if your case proceeds to court and the court awards you less than the IRB assessment, this may have consequences for how legal costs are treated. This is one reason why the decision to accept or reject deserves careful consideration with the benefit of legal advice.
A Clear Framework for Deciding Whether to Accept or Reject
There is no single right answer that applies to every case. The decision depends on your individual circumstances. The following factors are worth considering carefully.
Medical Stability: Has Your Condition Settled or Is Treatment Ongoing?
Medical stability means that your condition has reached a point where your doctors can give a reasonably clear picture of your long-term health. If you are still receiving treatment or your condition is continuing to change, the medical report underlying the IRB assessment may not reflect the full picture. Where treatment is still ongoing, it may be worth considering whether the assessment adequately captures your situation.
Prognosis Uncertainty: Future Treatment, Surgery, Rehabilitation, or Flare-ups
Prognosis refers to the likely course of your condition going forward. If your doctors have indicated the possibility of future surgery, ongoing rehabilitation, or long-term flare-ups, these future needs should ideally be reflected in any award. If they are not, it is worth examining whether the assessment accounts for them.
Functional Impact: How the Injury Affects Work and Daily Life
The effect of your injury on your ability to work, carry out daily tasks, and maintain your quality of life is central to the value of your claim. Consider whether the evidence submitted to the IRB, such as medical reports, earnings records, and supporting documentation, adequately captured this impact.
Strength of Accident Evidence and Liability Position
Although the IRB does not decide liability, the strength of your evidence is relevant if your case proceeds to court. Consider how clearly the circumstances of the accident are documented, and whether the respondent is likely to contest fault.
If there is uncertainty about your prognosis or the medical evidence is unclear, it may be appropriate to seek further medical opinion before making a decision. Deciding on incomplete medical information is a risk worth avoiding where possible.
What If You Do Not Respond in Time?
If you do not respond to the Notice of Assessment within the 28-day window, the IRB treats this as a rejection. The IRB will issue an Authorisation, and you will retain the right to bring court proceedings. While missing the formal deadline does not end your claim, it is always better to make an informed decision within the time available rather than allow the deadline to pass without engaging.
FAQs
How long do I have to accept or reject an IRB assessment?
You have 28 days from the date of the Notice of Assessment to respond.
What happens if I accept but the respondent rejects?
If you accept and the respondent rejects, the IRB issues an Authorisation allowing you to bring court proceedings. The case does not settle in this scenario.
What happens if I reject but the respondent accepts?
If you reject the assessment, the IRB issues an Authorisation regardless of the respondent's position. You can then pursue your claim through the courts.
Does the IRB decide who is at fault?
No. The IRB assesses the value of a claim based on the evidence submitted. Questions of liability, meaning who was at fault, are a matter for the courts if the case proceeds to litigation.
What if my symptoms worsened after the medical report was completed?
If your condition has worsened since the medical examination, the assessment may not reflect your current situation. This is an important factor to discuss with a solicitor before deciding whether to accept or reject.
Can the IRB assessment be revisited if new symptoms appear?
Once an assessment is accepted and an Order to Pay is issued, the matter is generally final and binding. New symptoms that emerge after acceptance cannot ordinarily be pursued as part of the same claim. This is one reason why medical stability matters so much before a decision is made.
What documents should I keep after I receive the Notice of Assessment? It is advisable to retain:
The Notice of Assessment itself and all correspondence from the IRB.
All medical reports and records relating to your injury.
Records of financial losses, including payslips, receipts, and invoices.
Any written communications with the respondent or their insurer.
Why Michael Boylan Litigation?
Specialist Litigation Focus
Michael Boylan Litigation is a litigation-focused firm with experience in personal injury claims at every stage of the process, including the IRB assessment stage. The firm's work is grounded in a thorough understanding of how these cases develop and what claimants face at key decision points.
Evidence-Led Preparation at the Assessment Decision Point
The firm takes a methodical, evidence-led approach to reviewing IRB assessments. This means examining the medical evidence, the financial documentation, and the overall strength of the claim before any recommendation is made.
Clear, Practical Guidance Through the Next Steps
Michael Boylan Litigation provides clear, straightforward advice on what the Notice of Assessment means for your specific situation, without unnecessary legal complexity. The aim is to ensure that every client understands their position fully before making a decision that cannot easily be undone.
Speak to Michael Boylan Litigation
If you have received a Notice of Assessment and are considering your next step, speaking to a solicitor before the deadline passes is the most important thing you can do. Contact Michael Boylan Litigation today to discuss your assessment in confidence.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
