Injuries Resolution Board Will Now Reject Applications Without Medical Evidence
The Injuries Resolution Board has made a fundamental change to how it processes new claims. You can no longer submit a basic application form to simply open a file and forward the medical evidence later.
The Board now operates under a strict rule that every personal injury application must include a medical report from a treating practitioner at the point of submission. If you attempt to lodge a claim without this report attached, the Board will deem the application incomplete and refuse to register it.
Incomplete Applications Do Not Stop the Statute of Limitations
This strict validation policy creates a specific legal risk regarding time limits. Under the Statute of Limitations, you generally have two years from the date of an accident to commence a claim.
Previously, solicitors could submit a protective application to the Board just before this deadline to pause the legal clock. The Board would then issue a Section 50 acknowledgement. This practice is no longer possible if you do not have the medical report in hand.
Because the Board will not register an incomplete application, the clock does not stop until they receive every required document. If you are near the two-year limit and your application is rejected, the time limit continues to run while you wait for a doctor’s appointment. This could result in your claim becoming statute barred entirely.
Medical Report Fees and Reimbursement Shortfalls
Claimants must also consider the financial implications of this requirement. You are now required to pay your treating practitioner for the medical report before the application process begins.
While these costs are generally recoverable if the claim is successful, we are seeing a trend where the Board’s assessment of costs is lower than the fees actually charged by consultants and GPs. This creates a shortfall that the claimant must cover. It is essential to retain all receipts to argue for full reimbursement during the assessment process.
Why Delaying Your Personal Injury Claim Can Be Risky
The practical result of these changes is that waiting is no longer a viable option. In the past, some claimants preferred to wait and see if an injury settled down before contacting a solicitor. This strategy would now take up valuable time that is needed to gather medical evidence.
We strongly advise anyone who has suffered a personal injury to seek legal advice immediately.
We require that lead time to request your medical records, commission the necessary report from the correct specialist and ensure your application is fully compliant with the Board’s standards. This is the only way to guarantee your rights are protected before the strict time limits expire.
If you are concerned about the Statute of Limitations or need assistance securing a medical report for your application, our team is here to help. We can guide you through the pre-application process to ensure your claim is valid from day one. Contact us today for a confidential discussion.
