The Book of Quantum has been reviewed by the Judicial Council with an aim to promote consistency in awards of damages in personal injuries claims and to set out the manner in which they are to be applied by the Irish Courts.
The Guidelines came into effect on the 24th April 2021 and will apply to damages in all personal injury actions commenced on or after the date.
The Book of Quantum will continue to apply where an action was commenced:
- Before the 24th April 2021
- On or after the 24th April 2021 where:
(a) A monetary assessment was made by the Personal Injuries Assessment Board before the 24th April 2021, and
(b) that assessment was not, or was deemed not to have been, accepted
This means that the Irish Courts will be dealing with a dual system for the foreseeable future.
The Irish Judiciary must apply the guidelines, seek brief submissions from each party setting out their view on the damages bracket of the dominant injury sustained, any less significant injuries and any other relevant considerations. If the Judge wishes to depart from the recommended quantum parameters, he/she will have to justify their rationale for so doing.
Determining the level of damages
The guidelines set out a list system regarding the severity of injury – minor, moderate, serious and severe and will take into account
- Age of the plaintiff
- Interference with quality of life and education
- Impact on work
- Impact on interpersonal relationships
- Whether medical assistance has been sought
- Nature, extent and duration of treatment undertaken and/or medication prescribed
- Likely success of treatment
- Prognosis, to include any future vulnerability
- The extent and/or nature of any associated physical injuries
Damages reducing:
The level of damages for the bulk of injuries have reduced – for example soft tissue and whiplash injuries which under the Book of Quantum could have attracted up to €19,400 are now likely to fall into the €500 to €12,000 category.
Our thoughts on the new judicial guidelines
There is likely to have downward effect on the valuation of personal injury claims in this jurisdiction, most particularly at a low and mid-range level with an increased instance of District Court litigation. For more information:
https://judicialcouncil.ie/assets/uploads/documents/Personal%20Injuries%20Guidelines.pdf
Contact Direct Law
If you have experienced a personal injury, in a car or work place accident, please contact us to discuss the redress to which you may be entitled for your injuries, whether those injuries are physical or psychological or both.
By bringing a claim to our team, you may have the opportunity to recover:
- compensation for the impact your injuries have had on your quality of life
- expenses you may have incurred
- income you might have lost as a result of your car accident
Contact Shane Dowling – sdowling@directlaw.ie
