Personal injuries assessment board, new guidelines on personal injury compensations in Ireland

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The Judicial Council members voted in favour of adopting the new 'Personal Injury Guidelines' aimed at clarifying and reducing general damages awarded for some personal injury cases.

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The hope is to ensure more consistent awards in court cases and keep rewards proportionate to the injuries sustained. Data obtained by the Personal Injuries Guidelines Committee (PIGC) found that Irish injury awards varied greatly when compared with Northern Ireland, England, and Wales.

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New personal injury guidelines Ireland

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The new guidelines will replace the Book of Quantum (BOQ) published in 2016, which offered general recommendations for the amounts to be awarded in personal injury claims in Ireland in relation to the injuries board assessment process.

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The new personal injury guidelines will be mandatory for judges to assess when giving their judgements; however, importantly courts will still retain discretion when awarding their damages. Judges will have to make clear their reasons for any departures from the new guidelines.

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It is important to note that the new guidelines will not apply to cases already lodged prior to the guidelines.

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The new rules for personal injury claims:

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1. “Soft tissue injuries” and “Whiplash” claims have been reduced, but clarified.www.personalinjuriesclaim.ie/publication/practical-implications-of-the-new-personal-injuries-guidelines

Previous injuries board book of quantum recommendation:

Up to €19,400 if a full recovery is to be expected, down to €15,700 where there has already been substantial recovery.

New recommendation: €500 up to €12,000 dependent on the length of time to achieve full recovery, ranging from less than six months to two full years of needed recovery.

2. “Total blindness” has had significant clarification.

Previous injuries board book of quantum recommendation:

Several factors needed to be “considered” and there was no set figure, but total loss of sight in one eye was up to €138,000.

New recommendation: €270,000 up to €400,000 for total blindness in both eyes.

3. “Catastrophic injuries” e.g., injuries resulting in shortened life expectancy have had a significant raise.

Previous injuries board book of quantum recommendation: A maximum of €450,000.

New recommendation: In or about €550,000.

4. “Minor back injury” awards have been given serious clarification and a slight increase.

Previous injuries board book of quantum recommendation: Up to €14,800 for those already substantially recovered, or €18,400 when a full recovery is expected.

New recommendation: €500 up to €20,000 depending on the length of recovery time expected, ranging from six months to 5 years with necessary surgery.

5. “Moderate to most severe back injuries” have had their compensation raised.

Previous injuries board book of quantum recommendation: €21,400 up to €92,000 not including catastrophic injuries.

New recommendation: €35,000 up to €300,000 not including catastrophic injuries.

6. “Single loss of tooth” has been significantly reduced.

Previous injuries board book of quantum recommendation:€4,400 up to €12,700 for a single tooth, depending on the tooth type.

New recommendation: €1,500 up to €8,500 depending on the tooth and type of damage.

7. “Total loss of single finger” has generally been reduced, but clarified.

Previous injuries board book of quantum recommendation: Index finger €61,200, middle & ring finger €57,200, little finger €46,400, and thumb €80,500.

New recommendation: Index finger €25,000 - €35,000, middle finger €20,000 - €30,000, ring finger €17,500 - €27,500, little finger €12,000 - €25,000, and thumb €40,000 - €67,500.

8. “Leg amputations” have been given serious clarification and recommendations.

Previous injuries board book of quantum recommendation: No set award, judges were recommended to take into consideration the age, gender, occupation, and placement of amputation.

New recommendation: Loss of both legs set at €280,000 up to €400,000, with partial amputation ranging from €100,000 up to €300,000.

We have collected all of the information from the “Personal Injuries Guidelines” by the Judicial Council on the 6th of March 2021, and the “Book of Quantum” published by the Personal Injuries Assessment Board in 2016.

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