The Cabinet have approved the new Personal Injuries Guidelines this week in an effort to reduce insurance claims. The exact date the new guidelines will take effect is unknown although it is thought to be as early as April.
The guidelines will replace the Book of Quantum and amend the level of damages that may be awarded or assessed in respect of personal injuries.
The guidelines will apply to all new cases that have not yet been assessed by the Personal Injuries Assessment Board (PIAB). In the event that a claimant has refused an assessment from PIAB and received an authority to issue proceedings, then they will have their claim processed in line with the Book of Quantum.
It is important to note that the courts, and specifically the judges, will retain independence and discretion when awarding general damages although they must have regard to the guidelines when assessing damages. If a judge departs from the guidelines, they will have to provide reasons for doing so.
The new Personal Injuries Guidelines can be accessed here.
To learn more about Personal Injuries claims, please visit our FAQ section. If you would like to discuss a personal injuries case with one of our solicitors, please contact info@tomcollins.ie or alternatively call us on 01 4900121.