Injuries Resolution Board (IRB) Timelines

Injuries Resolution Board (IRB) Timelines

Injuries Resolution Board (IRB) Timelines — Assessment and Consent (Ireland)

For U.S. counsel advising on Irish personal injury matters, the Injuries Resolution Board (IRB, formerly PIAB) is the mandatory pre-court gateway for most motor, employer-liability, and public-liability injury claims. Key statutory and operational timelines are as follows.

1. Respondent consent window — 90 days

After the Board accepts a complete application and serves formal notice on the respondent (typically the insurer), the respondent has 90 days to:

  • consent to assessment;
  • consent to mediation;
  • consent to both; or
  • refuse consent.

If the respondent does not respond within 90 days, consent to assessment is often treated as given (subject to Board rules). Refusal of assessment generally triggers an Authorisation, which permits the claimant to issue court proceedings.

2. Mediation (if both parties consent)

IRB’s published operational target: resolution through mediation in about 3 months or less after the respondent agrees to mediate.
If the parties reach agreement:

  • terms are reduced to writing and signed;
  • a 10-day cooling-off period follows;
  • if neither side withdraws, the Board issues a binding Order to Pay.

Mediation is voluntary, confidential, and available across employer liability, public liability, and (since December 2024) motor claims.

3. Assessment — statutory target 9 months (+ up to 6 months extension)

Under the governing legislation (PIAB Act framework as amended):

  • The Board must aim to complete the assessment within 9 months from the date of respondent consent (or from the end of the 90-day notice period if there is no reply).
  • If completion within 9 months is not possible, the Board must give written notice before the 9 months expire, state reasons, and set a new date not more than 6 months after the end of the original 9-month period.
  • If the assessment is still not made by that extended date, the Board must issue an Authorisation unless the claimant consents in writing to further delay.

Operational reality (IRB Annual Report 2024):
Average time from respondent consent to completed assessment was 11.2 months; about 51% of assessments finished within the 9-month target.

4. Accept / reject the Notice of Assessment

Once the Board issues a Notice of Assessment:

  • Claimant: 28 days to accept or reject
  • Respondent: 21 days to accept or reject

If either side rejects (or fails to accept within the applicable period under the rules), the Board issues an Authorisation so the claimant may proceed to court.

Summary table for counsel

StageTimeline
Respondent response to Board notice90 days
Mediation (IRB operational target)~3 months after consent to mediate
Cooling-off after mediated settlement10 days
Assessment (statutory target)9 months from consent (+ up to 6 months with prior written notice)
Average assessment duration (2024)11.2 months
Accept/reject assessmentClaimant 28 days / Respondent 21 days

Practice notes for U.S. attorneys

  • Timelines run from respondent consent (or expiry of the 90-day window), not from the accident date.
  • A complete IRB application generally suspends the two-year personal injury limitation period while the Board process is ongoing.
  • Early Section 8 written notice to the proposed respondent (typically within one month of the incident under the Civil Liability and Courts Act framework) remains a separate pre-claim requirement.
  • Assessment values injury under Ireland’s Personal Injuries Guidelines plus proven special damages; it does not fully litigate contested liability in the same way a U.S. jury trial would.
  • Always verify current practice on injuries.ie and the latest consolidations of the PIAB/Personal Injuries Resolution Board legislation, as operational averages and mediation rollout details can shift year to year.

These periods are materially shorter than typical Irish High Court litigation timelines, which is the policy rationale for the mandatory Board gateway.


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