New guidelines will potentially reduce injury awards

Legal advice for farmers 

In new guidelines published by the Judicial Council, the range of personal injury awards is €500-12,000 for whiplash, compared to €15,700-19,400 under the book of quantum. File Picture. 

Recently, new guidelines were published by the Judicial Council in respect of personal injury awards.

These were adopted by the Judicial Council under Section 7 of the Judicial Council Act 2019 and these new guidelines replace the book of quantum which set general guidelines for amounts to be awarded or assessed in personal injury cases.

The book of quantum set out different types of injuries and likely awards that would be obtained depending on the severity of the injuries.

The book of quantum was previously compiled by the Personal Injuries Assessment Board (PIAB) following a review of case law and a number of court judgments.

The new guidelines will potentially result in a reduction in personal injury awards. 

Typically the most common injuries before the courts are what is known as whiplash injuries, which tend to be neck and back soft tissue injuries which recover within two years. 

Under the book of quantum, such awards could be up to €15,700 where there was a substantial recovery and up to €19,400 where a full recovery is expected. Under the new guidelines, the range is from €500 to €12,000, this depends as to how long it takes for the injuries to recover. 

There are also recommended reductions in respect of injuries to shoulders, legs and minor head injury cases.

These guidelines or recommendations are to come into effect on Saturday, April 24, and under the terms of the Judicial Council Act 2019, the guidelines must be reviewed within three years.

Typically, with personal injury cases, an application has to be made to PIAB.

When a matter is with PIAB, the defendants in the matter can consent to the matter proceeding to an assessment. 

Arising out of such an assessment, PIAB can offer an award to a plaintiff. PIAB would have assessed claims, normally based on the book of quantum and will assess claims under the new guidelines following the commencement date of April 24.

The guidelines will be used by both PIAB and the courts to assess compensation amounts in personal injury claims. 

The purpose of these guidelines is to potentially reduce awards and bring them in line with other countries or jurisdictions, and it is hoped that they will bring greater transparency in respect of personal injury matters.

It is worth noting that if you have an existing claim with PIAB, that has not yet been assessed or has not been assessed before April 24, these claims will be assessed based on the new guidelines, not the book of quantum.

The reduction of potential awards and the clarity that will be provided in the new personal injury guidelines is likely to lead to more PIAB assessments being accepted by plaintiffs and solicitors, as they will provide more consistency in respect of likely damages that a plaintiff would obtain in a personal injury case.

While the judiciary or the courts have discretion in awarding personal injury awards, if the courts do not follow the guidelines in a case, they must give reasons for doing so. 

This also applies to PIAB. It is mandatory that these are considered, and reasons must be given for exceeding what is set out in the guidelines.

One of the further factors to consider out of these new guidelines is that multiple injuries arising from the same accident may cause difficulties, as the guidelines value each injury separately.

In such circumstances, the trial judges are to consider:

• The most significant injuries suffered by the claimant and the bracket of damages in the guidelines to apply.
• Having done this, they should then value that injury and uplift its value to ensure the claimant is fairly and justly compensated for all additional pain, discomfort and limitations arising out of lesser injuries or injury.

This is a pivotal change in Ireland in respect of personal injury claims and is no doubt going to have ramifications. 

However this should provide clearer transparency to plaintiffs and defendants as to likely awards .

If you have suffered a personal injury, it is advisable that you should contact a solicitor who will advise you in respect of making a claim.

• Karen Walsh, from a farming background, is a solicitor practising in Walsh & Partners, Solicitors, 17, South Mall, Cork, (021-4270200), and author of ‘Farming and the Law’.
• Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.
• Email: [e-mail] Web: www.walshandpartners.ie