Seanad debates
Thursday, 20 November 2003
Personal Injuries Assessment Board Bill 2003: Second Stage.
The board will issue details of the assessment to the claimant and respondent showing, separately, the amounts for special damages and general damages. Parties will be requested to reply within a specified timeframe as to whether they wish to accept the assessment. The claimant will have 28 days to decide whether to accept the assessment and the respondent will have 21 days. If a claimant neither accepts nor rejects an assessment within a specified period, the claimant will be deemed to have rejected the assessment. If the respondent fails to respond to the assessment within the specified period, he or she will be deemed to have accepted the assessment. This proposal is in line with the service of legal proceedings, where failure to respond within a specified period results in a judgment in default. If an assessment is not accepted by either party, then the claimant will be authorised to take proceedings within a specified timeframe if he or she so wishes. The acceptance of the assessment by both parties is binding on them as full finalisation of the claim.
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