The Personal Injury Settlement Agreement is a crucial document used in Ireland when parties have agreed to settle a personal injury claim without (or before) court proceedings. It serves as the definitive record of the settlement terms and provides legal certainty to both parties. The agreement is typically prepared after assessment through the Personal Injuries Assessment Board (PIAB) or direct negotiation between parties, and must comply with Irish personal injury legislation and guidelines. It includes comprehensive details about the injury, incident, agreed compensation, payment terms, and releases. This document is essential for businesses and individuals managing risk and resolving personal injury claims, particularly in sectors with higher injury risks. The agreement should be drafted with consideration of the Civil Liability and Courts Act 2004, the Personal Injuries Guidelines 2021, and other relevant Irish legislation.
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1. Parties: Identification of the injured party (the Claimant) and the party against whom the claim is made (the Respondent), including full legal names and addresses
2. Background: Brief description of the incident causing injury, date and location, and the fact that a claim has been made and parties wish to settle
3. Definitions: Definitions of key terms used throughout the agreement, including 'Incident', 'Injury', 'Settlement Sum', and 'Claims'
4. Settlement Payment: Details of the settlement amount, payment method, timeline for payment, and tax implications
5. Release and Discharge: Full terms of the release granted by the Claimant, including scope of claims being settled and parties being released
6. Medical Position: Confirmation of current medical status and acknowledgment of medical evidence considered
7. Legal Advice: Confirmation that both parties have received independent legal advice on the terms and implications of the agreement
8. Warranties and Representations: Statements by both parties confirming various facts and understandings about the settlement
9. Entire Agreement: Confirmation that this document represents the entire agreement between the parties regarding the settlement
10. Governing Law and Jurisdiction: Specification that Irish law governs the agreement and Irish courts have jurisdiction
11. Execution: Signature blocks for all parties and witnesses
1. Confidentiality: Terms requiring parties to keep the settlement and its terms confidential - used when specifically requested by either party
2. Ongoing Medical Treatment: Provisions for future medical treatment and who bears the cost - used when treatment is expected to continue
3. Social Welfare and Benefits: Provisions regarding notification to or repayment of social welfare benefits - used when the Claimant has received such benefits
4. Insurance: Provisions regarding insurance claims and notifications - used when insurance companies are involved
5. Future Claims: Special provisions for potential future claims if injury worsens - used in cases with uncertainty about long-term effects
6. Indemnity: Provisions for indemnification against third-party claims - used when there's risk of related claims
7. Press Statements: Agreed approach to any public statements about the settlement - used in high-profile cases
1. Schedule 1 - Medical Reports: List and copies of all medical reports relied upon in reaching settlement
2. Schedule 2 - Special Damages: Detailed breakdown of special damages claimed and agreed (e.g., medical expenses, loss of earnings)
3. Schedule 3 - Incident Details: Detailed description of the incident, including any relevant photographs or reports
4. Schedule 4 - Payment Details: Bank account details and payment structure if payment is to be made in installments
5. Appendix A - Medical Records: Copies of relevant medical records and treatment history
6. Appendix B - Correspondence: Copies of relevant correspondence between parties leading to settlement
Relevant legal definitions
Clauses
Relevant Industries
Construction
Manufacturing
Retail
Healthcare
Hospitality
Transportation
Education
Sports and Recreation
Property Management
Industrial
Logistics
Public Sector
Insurance
Relevant Teams
Legal
Risk Management
Compliance
Human Resources
Operations
Health & Safety
Insurance
Corporate Governance
Claims Management
Facilities Management
Relevant Roles
Legal Counsel
Risk Manager
Claims Handler
Compliance Officer
Health and Safety Manager
Human Resources Director
Insurance Manager
Operations Manager
Facility Manager
Corporate Secretary
General Counsel
Chief Legal Officer
Chief Risk Officer
Safety Coordinator
Claims Adjuster
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