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Legal Briefing
Cyclists and the Law
 

 

NEW BOOK OF QUANTUM FOR INJURY CLAIMS

 

Nov 21, 2016

 


NEW BOOK OF QUANTUM FOR INJURY CLAIMS

On the 5th October 2016, a new edition of the Book of Quantum was published by the Injuries Board.  This will assist personal injury claims by providing a greater level of predictability and consistency throughout the injury compensation system.

 

There is an obligation on the Injuries Board to prepare and publish a Book of Quantum.  The First Edition was published in 2004 and the revised edition was published in October 2016.  The Injuries Board engaged Consultants who reviewed Personal Injuries claims from 2013 and 2014, Court awards, insurance company settlement, State Claims Agency cases and Injuries Board data in order to compile the information.

 

Whilst updating figures, the new Book of Quantum has been expanded.  It includes additional injuries such as concussion, partial finger amputations, clavicle injuries, upper limb disorders, Achilles tendon injuries, lung lacerations, food poisoning, eye injuries and other categories.  Values for total blindness, amputation of limbs (excluding digits) and paralysis are absent.

 

Certain injuries have been placed into categories such as minor, moderate, moderately severe and severe and permanent.  The values within many of these categories remain broad, for example the value of a fractured jaw in the moderate category ranges from €35,900 to €74,900.

 

There is an increase in value of compensation for 35 categories of injury.  For example, a fractured ankle in the minor range of value increasing up to €54,700 and whiplash type injuries have also increased.

 

The Injuries Board has regard to the Book of Quantum when assessing claims and pursuant to Section 22 of the Civil Liability and Courts Act 2004, the Court must also have regard to the Book of Quantum when assessing damages in a Personal Injuries action, together with other factors that are referred to in Section 22(2) of the Civil Liability and Courts Act 2004.

 

It is still very early days for this revised Book of Quantum and the success or otherwise remains to be seen.

 
 
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