One of the most common questions asked by people who are pursuing a personal injury claim * following an accident that was not their fault is how much compensation they will get. This is a difficult question to answer as there are many factors that are taken into consideration when a compensation amount is settled on and is a question that a personal injury solicitor cannot give a definitive answer to. Therefore, a useful tool in estimating a compensation claim amount is the Injuries Board Book of Quantum.
What is the Book of Quantum?
The Injuries Board Book of Quantum provides us with general guidelines as to how much compensation may be awarded in a personal injury claim * and is used by the Injuries Board when they are assessing a personal injury claim *. The Book of Quantum was revised in 2016 following an examination of over 51,000 closed personal injury claims during 2013 and 2014 and is based on actual court figures. The revised guidelines reflect prevailing compensation rates in the market and can be found here.
It shows us what personal injury compensation * amounts were awarded in the past and help give an estimate as to how much compensation could be awarded based on a person’s specific injuries.
In essence, the purpose of this publication is to distil settlement and awards data in the personal injuries process in Ireland and to present the results in a logical and easy-to-examine format. The result shows the prevailing range of payment for injuries based on research into real cases.
The Guidelines are intended to provide an indication as to the potential range of compensation for a particular injury. It is expected that every claim will continue to be dealt with on its individual merits. It is hoped that the Guidelines will provide assistance to all those involved in resolving personal injury claims by making the level of damages more predictable and consistent throughout the injury compensation system. It is hoped that the use of this document will further progress a less adversarial approach to the compensation of personal injury claims in Ireland.
When assessing a case the Injuries Board take into account certain aspects of a personal injury along with any after effects the injury has/will have on a personal quality of life and ability to earn money.
Compensation amounts are decided with the following aspects in mind:
- Pain/suffering and loss of quality of life/enjoyment of life
- Past loss of earnings
- Medical bills as a result of the injury
- Loss of future income caused by the injury
- Cost of future medical care
How are compensation levels arrived at?
The compensation levels within the Book of Quantum will vary depending on the severity of a person’s injury and will generally categorise injuries into the following ranges:
The person usually fully/substantially recovers from an injury.
Moderate injuries where a person has substantially recovered from an injury but ongoing symptoms persist following recovery which interferes with a person’s quality of life and/or interferes with them carrying out their day to day activities. Generally, the person will reach full recovery from these types of injuries.
3. Moderately Severe
The injury has resulted in long-term/permanent incapacity or physical limitations that impact the part of the body that was injured.
4. Severe and Permanent Conditions
The injury has caused major disruption to the person’s quality of life, ability to carry out their daily tasks and other areas of their life resulting in long-term serious pain and/or continuous medical attention.
What if I have multiple injuries?
Where a person has suffered more than one injury in an accident the Injuries Board will generally look to the most severe injury first and then adjust that value to incorporate any other less serious injuries to arrive at a final amount of compensation when assessing your injury.