The Injuries Board will not advise you if your case may be statute barred!
The case of Patricia Carroll -v- Mater Misericordiae Hospital [2011] IEHC 231 is an excellent example of this.
The background facts of her case was as follows; Patricia was a housewife and on the 30th May, 2005 she was as an in-patient in the Mater Hospital and whilst she was on medication consisting of a number of drugs, she left her bed unaccompanied and went to the bathroom. Whilst entering the bathroom and possibly due to the medication, she became dizzy, fainted and fell. As a result she suffered severe personal injury.
The Mater hospital defended the case on the basis that her claim was statute-barred, because it is an action to which the Personal Injury Assessment Board Act 2003 does not apply and consequently is one which is required to be brought within two years of the date of the accident, i.e. the 29th May, 2007. Patricia’s Personal Injuries Summons was issued on the 17th April, 2008.
The Judge agreed with The Mater Hospital and decided that Patricia’s claim was statute-barred and she did not receive any compensation for her injuries.
Remember, the Injuries Board does not provide legal advice and if you are dealing with the Injuries Board personally, you run the risk, like Patricia, of not issuing your proceedings in time, or worst still, you may be suing the wrong Defendants!
If you, or someone you know, is dealing directly with the Injuries Board, forward this to them so that they can contact us to get immediate impartial independent legal advice. Contact Gary Matthews Solicitors directly on 01 903 6250, or by logging onto our website www.gary.ie and completing the online enquiry form.