Do I have a choice as to whether or not to use the Injuries Board?

If your claim is one which falls within the remit of the Injuries Board (which is essentially any claim for compensation for personal injuries other than cases where medical negligence is involved and a few other relatively obscure exceptions) you do not have any discretion as to whether or not to engage in the assessment process.

The only way in which you can get your case before a judge to determine what you are entitled to is by receiving an official document referred to as an authorisation from the Injuries Board allowing you to issue court proceedings.

This authorisation may be issued by the Injuries Board as soon as you’ve submitted your claim and before they have begun the assessment process either because the Injuries Board has declined to assess your claim or because the person against whom you are making the claim (‘the respondent’) refuses to engage in the assessment process.

If the Injuries Board proceeds with assessing your claim and eventually issues an assessment it is still possible to get an authorisation at this stage if either you or the respondent rejects the Board’s assessment.