Outline of Injuries Board book of quantum 2012
The Injuries Board Ireland is an independent Government entity, established by the Personal Injuries Assessment Board (PIAB) Act of 2003, and since 2004 any person seeking personal injury compensation must apply to them for an assessment, where they will use the Injuries Board book of quantum 2012 to evaluate how much compensation the individual should receive. Prior to the issue of court proceedings, all personal injury compensation claims are required to first be assessed by the Injuries Board.
The Injuries Board handles personal injury claims regarding injuries that were sustained as the result of vehicular accidents, accidents at work and accidents which happen in public places. It does not deal with cases that relate to medical negligence.
Since its introduction, the length of time it takes to resolve personal injury claims in Ireland has been decreased significantly – the average time period now being approximately nine months – and the Book of Quantum – a publication which lists an extensive variety of potential injuries and provides each one with a financial value according to the severity of the injury and its permanence – has assisted in this time reduction.
Explaining the Book of Quantum
The Injuries Board book of quantum 2012 is basically an instruction manual used by the Injuries Board and the Irish Courts to evaluate the level of damages to be awarded in a personal injury compensation claim where injuries have been sustained by a plaintiff in circumstances attributed to a negligent party. It is a general guide as to the amounts that can be evaluated as regards specific types of injuries and is influenced by their severity and how long they may – or may not – take to heal.
It should be stressed, however, that this publication is a guide and in some respects cannot accurately represent how much compensation for their personal injury that a person may be eligible for. Although a potential plaintiff may be entitled to claim for other elements of compensation, including, but not restricted to medical negligence, emotional trauma and loss of amenity, the Book of Quantum deals with compensation for pain and suffering only.
In addition, as mentioned above, the publication lists a wide range of injuries and related financial values; however, the value ranges it contains are extensive and are subject to adjustment to include the plaintiff’s age, sex and state of health prior to the injury when the injuries were sustained. For this reason, it is worth noting that the extent of the injury can vary significantly and the same injury can have different effects on different people.
Difficulties Surrounding the Injuries Board Book of quantum 2012
The issues mentioned in the last section are not the only concerns over the Injuries Board book of quantum 2012. There are some instances where the injuries sustained by the plaintiff cannot possibly be measured by the list provided by the publication. For example, many work-related repetitive stress injuries are “non-anatomical” and therefore cannot be labelled as “broken” this, fractured “that”. Another example would be if the plaintiff had a pre-existing affliction, such as deafness in their right ear – and the accident caused deafness in their left. In this instance, the assessment would only account for the damaged suffered in the accident and would not compensate for the complete loss of hearing.
Making an Assessment to the Injuries Board
It is mandatory for personal injury compensation claim cases to go through the Injuries Board before proceeding with court action (if court action is deemed necessary). Applications can be submitted either online or by post. To make an application, the following documents must be assembled; your application Form A, medical assessment Form B and a fee of €40 for submitting your application online or €45 for filing by post.
The Advantages of a Solicitor’s Assistance
Although the potential plaintiff can deal directly with the Injuries Board and there is no obligation to engage a solicitor when submitting your application for assessment, a potential plaintiff would be well advised in seeking the assistance of a personal injuries solicitor who can handle the case on their behalf. The application process is not as straightforward as it may seem and an experienced solicitor can provide sound advice on all aspects of the plaintiff’s case, making sure that the application Form A is accurately filled out, that a suitable medical report has been compiled and that all documents are submitted within the appropriate time period.
Because a solicitor would be aware of the circumstances of their client’s claim and would know all of the important details, he or she would be in prime position to determine whether or not the amount of compensation suggested by the Injuries Board is sufficient enough to cover all elements of the victim’s claim. If a solicitor believes that the figure recommended is too low, their client would be advised to reject it and pursue action through the courts.
The Book of Quantum and the Injuries Board Summary
As explained above, the Injuries Board book of quantum 2012 can be imprecise and vague when considering the extent of the plaintiff’s injury and when evaluating the compensation settlement. Most solicitors have acknowledged that the publication is now out of date and a solicitor will have accurate and current information about the levels of compensation being awarded today. A personal injury cannot be fully measured by referring to an instruction manual and a solicitor would ensure that every aspect of their client’s case is accounted for.
No two cases are exactly alike, even when the circumstances surrounding them are similar, or if the injuries sustained are the same. If you have recently been involved in an accident for which you were not to blame and sustained injuries, you may have a viable personal injury compensation claim and you should not hesitate in consulting with a solicitor at the first moment possible.