Personal Injuries Guidelines to come into effect in Ireland
Justice Minister Helen McEntee has confirmed that the Personal Injuries Guidelines (“the Guidelines”) which represents part of the Government’s action plan in reducing insurance costs in Ireland will take legal effect on Saturday 24 April 2021.
The Guidelines will be used by both the Personal Injuries Assessment Board (“PIAB”) and the Courts to assess levels of compensation in personal injury claims after the commencement date. The Guidelines will replace the Book of Quantum (last updated in 2016) and will apply to all claims assessed by PIAB after 24 April 2021 as well as all legal proceedings issued after this date. It is important to note that the Book of Quantum will continue to apply to claims where assessments have been made before this date or where cases are already before the Courts.
Although there are some similarities with the Book of Quantum, it is clear that the Guidelines have reduced levels of compensation for many categories of injury with the most significant difference relating to soft tissue injuries and minor injuries where a full recovery has been made. A full copy of the Guidelines can be accessed at the following link: https://www.piab.ie/eng/Injury-Guidelines/
The primary aim is to promote clarity and consistency in the valuation of personal injury awards in Ireland even though each claim will have their own unique facts. It will be interesting to see how the introduction of the Guidelines impacts on litigation in practice which must be reviewed within 3 years of being adopted into law and every 3 years thereafter.
Our litigation team at F V Harty & Co. are vastly experienced in dealing with all types of personal injury claims and if you would like to discuss the above article or require legal advice, please do not hesitate to contact Michael Allison via email at email@example.com or telephone on 02890 557502.