You may have seen the publicity recently in relation to the reduction in awards for injured persons as a result of road accidents or work accidents in the media.
The values of compensation awards are going to be reduced.
Here are 7 things you need to know following the introduction of the personal injuries guidelines from 6 March 2021.
- All compensation amounts will now be lower.
This means what what might have paid €10-€15,000 for an injury before this will now be reduced to perhaps €5000 to €7000.
2. If your claim is under a certain level you may have to lodge your own claim with the Injury Board.
Up to this Injury Board awarded an amount which allowed for the payment of independent advice on the value of the claim by your solicitor. If your claim is below €5000 in value you may have difficulty getting a solicitor to process the entire application.
- The medical examination by Injury Board doctor will be much more detailed.
There is already a precedent medical examination report available to the doctors the Injury Board employs. There is a special one in relation to neck injuries to try and identify whether there is a genuine injury as a result of any accident.These detailed questionnaires will be used in every case and would be used to justify a lower valuation.
- The Injury Board will adhere by the guidelines outlined in the personal injuries guideline book.
From the awards made by the board from the launch date of 6 March last it is clear the lower awards have arrived. Injury Board are referring to the relevant paragraph in the guidelines on which they base their opinion. This means that if you refuse the assessment amount go to court the judge now sees the basis on which the figure was assessed.
5. Cases will come back to the District Court for small claims under €15000.
In recent years the District Court was never a venue for injury claims. With the lowering of amounts any claim below the value of 15,000 estimate would be better lodged in the district court if Injury Board offer is refused.
- It is essential to know, if you are using a solicitor, what deductions for legal costs will be made from the start.
Section 150 Legal Services Regulation Act 2015 requires a solicitor to notify clients from the start as to what the legal fees will be for an Injury Board claim. As this is the deduction on the compensation amount it is important to know this from the outset.
- Remember if you refuse an Injury Board offer you have to be awarded more in a Court hearing or else you’ll pay the costs of the other side and your own side.
The purpose of the reduction in compensation amounts is to get more people to accept Injury Board assessment is on the injuries. It is unfortunate that injuries will now receive less compensation especially were people are genuinely injured.
If you are injured or you need to know the valuation of your claim please contact us at the email address on our site. Contact Us