PI Guidelines
We are lucky to have a supportive network of clients, and clients who had engaged our services for personal injuries and felt so supported throughout the process that they recommend us to their friends, families and colleagues. Some of these friends and colleagues then come to us saying “oh, but my friend got more for a less severe injury!” Unfortunately, for those who came to us after March 2021, their injuries are now ruled by the Personal Injuries Guidelines and not the Book of Quantum. The Personal Injuries Guidelines established new guidelines for personal injury compensation awards. They changed the amounts of General Damages to be awarded by the Courts and by PIAB with a view to bringing about greater consistency across personal injuries awards and to support greater use of the independent and quicker service provided by PIAB. The Personal Injuries Guidelines deal with a wide range of injuries in terms of General Damages, which are the amounts awarded for pain and suffering in relation to an injury where someone else is at fault. They do not change Special Damages, which are costs like medical or travel expenses or compensation for loss of wages. As this gives a guideline for both PIAB and the Courts to use, it should incentivise people to accept the PIAB assessment, negating the need to go to court, which will hopefully reduce claims going through the lengthy and costly litigation process. Trial If it does make it to court however, a trial judge will ask each party to identify the dominant injury and its severity, based on the Guidelines. After considering the evidence the trial judge should reach her findings about the injury and will then proceed to consider how the Guidelines should impact on the Court’s award. The judge’s duty to have regard to the Guidelines is obligatory. However, if the judge feels that the facts of the case mean that the Guideline should be ignored, they have to state their reasons for this. Multiple injuries It is rare to obtain a singular, individual injury in the context of a litigious personal injury, which makes the assessment of damages more difficult as each injury is assessed separately. If each injury were to be valued separately, the total damages would be so high as to be unjust to the defendant and disproportionate compared to other cases. The reality of the situation is that additional and/or multiple injuries will actually cause an additional pain and suffering in the life of the claimant, but the way this is assessed does not reflect this. PIAB, the courts, and the guidelines have to reach a balance between ensuring a just award and fairness for the defendant. The judge/PIAB assessor will identify the dominant injury, and then identify the other injuries and ‘uplift’ the dominant injury award, based on the severity of the other injuries. The aim will be to ensure that the injured is fairly and justly compensated for the additional discomfort, suffering, pain and/or limitations based on the lesser injuries. The Guidelines can be found online.
You’ve been in a car accident, what next?
We’re sorry to hear that you’ve been involved in a car accident, and hope that you haven’t been hurt Depending on the circumstances, there is a number of things you can – and should – do: 1. Get the Registration If the info the other driver gives you turns out to be wrong later on, if you have the car reg it will enable you to bring a car accident claim. Getting a photo is ideal, but if not try take a note of it. 2. Call the Gardaí This depends on the case, but if the Gardaí are called, make sure you give them your statement of what happened. 3. Take photos This will be helpful later on, take photos of the car, any damage to it, any injuries you sustained, the area you were driving, the road, the damages to the other driver, if any. 4. Talk to the other driver If the other driver is cooperating, make sure you get their insurance details. Being at the scene of a car accident can be daunting but you probably don’t know who is 100% to blame, so don’t apologise to the other driver, admit liability or even talk about the accident. Get contact details for the other driver if possible. 5. Other If possible, take notes/photos of the weather conditions, the traffic at the time of the accident, name and contact details of any witnesses. We understand this may seem overwhelming in the aftermath of being in an accident, but it will save stress and anxiety later on. Alternatively you can call us on 01 485 4563 and we can talk you through the process. Please do not hesitate to contact our litigation team on 01 485 4563 should you have any queries in relation to any of the above. * In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Image by Claim Accident Services from Pixabay
Before going to court for a personal injury: The Personal Injuries Assessment Board (PIAB)
What is PIAB and do you have to engage with them? In 2003, the government introduced the Personal Injuries Assessment Board with the intention of increased efficiency and reduced costs for those who have been injured. If you instruct a law firm about a personal injury, it is obligatory for a solicitor to apply to PIAB. This is a necessary step before bringing a trial to Court, and it is hoped that there will be no need to go if PIAB offers a substantive agreement. To apply to PIAB, a solicitor must have a medico-legal report. The client will get this from their GP. In circumstances where there is a psychological injury or the case is too complex, PIAB will not assess it but will issue an Authorisation, which is permission for you to go to Court. Once we apply to PIAB, they get in touch with the party you are attempting to sue – known as the Respondent – and look for their consent. They have 90 days to respond. If they consent, PIAB will then begin to assess the claim. If they do not reply, that is deemed to be consent. If they do not consent, Authorisation will be issued to go to Court. Once consent is received, a PIAB assessor will assess the case and suggest an appropriate award. This award is then offered to both sides, who can either accept it or reject it. This must be done within 21 days. If both accept it, it is seen as a Court order and legally binding. If either side rejects the award, then an authorisation will be issued to go to Court. Image by Claim Accident Services from Pixabay * In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
