In a fatal injuries claim a court can award damages under three main headings
 
1. Financial loss or loss of financial dependency
 
2. Funeral and inquest expenses
 
3. Mental distress
 
Only one claim may be brought on behalf of all dependants.
 
Usually, if a spouse survives the deceased that spouse is the most suitable person to take the claim on behalf of all dependants.
 
The word “dependants” is defined in legislation as follows:
 
“a spouse, [civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] , parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased”
 
The definition in the statute covers a range of persons. Given that there can be only one claim it is necessary to ensure that each of the statutory dependants who wishes to be involved in the claim is given that opportunity.

On 6 March 2021, the Judicial Council approved the new Personal Injuries Guidelines which are intended to replace the Book of Quantum of 2016 when it comes to the assessment of compensation awards in personal injuries claims. See our recent blog post.

One of the most controversial aspects of the Book of Quantum was the level of awards it set for so-called whiplash or soft-tissue injuries.

The chart at the end of this post sets out in accessible format the guideline levels of whiplash compensation contained in both the soon-to-be-obsolete Book of Quantum and the Personal Injuries Guidelines, likely to be approved by cabinet shortly.

Judges have voted to adopt new guidelines regulating the size of personal injury awards.

The new guidelines, which will be welcomed by insurance companies, are likely to greatly reduce the amount of compensation awarded to those who have suffered injuries in road traffic and work accidents through no fault of their own. It remains to be seen if insurance companies will reduce their premiums as a result.

A number of High Court judges have expressed the fear that awards will now, in some cases, fall significantly short of what might be viewed as fair and reasonable. It is to be hoped that the courts will retain their independence and discretion when awarding general damages to ensure that people who have suffered injury as a result of the negligence of others  - in, for example, a road traffic accident caused by a dangerous driver or because of an employer's failure to implement proper safety procedures - will receive compensation that properly reflects the severity of their injuries.

Judicial Council members approved the guidelines by a majority vote - 83 in favour, 63 against - at a meeting today.

The Minister for Justice, Helen McEntee, will bring proposals to Cabinet on 9 March on how to implement the guidelines which will take effect when the Minister commences section 99 of the Judicial Council Act 2019.

The guidelines will replace the Book of Quantum which set general guidelines for the assessment of awards in personal injury claims.

The new guidelines are set out in the document below.

If you have suffered a head or facial injury and you think you are entitled to compensation, we at Thomas W Enright Solicitors can submit an application for compensation on your behalf to the Personal Injuries Assessment Board, now known as the Injuries Board.

If the person or organisation you are claiming against agrees to the assessment of your claim, the Injuries Board will assess the amount of compensation due to you based on the report of your doctor and according to what is called the Book of Quantum.

We will guide you through the process from start to finish and deal on your behalf with the Injuries Board as well as your doctors and other professionals as might be required. We will explain the procedure to you and try to make it as simple and straightforward as possible. When your claim has been assessed we will provide you with advice in order to help you decide on whether or not to accept the compensation offered.

If you have suffered a head injury - which includes a concussion and a skull fracture - and no other part of the body is affected, the level of compensation you will receive will depend on the severity of the injury.

The level of compensation for an eye injury is determined on the basis of how the injury has affected one's sight and whether it involves one or both eyes. For the total loss of sight in one eye the guideline compensation figure is €138,000.

For loss of hearing, compensation is determined according to the formula in the so-called Green Book.

Compensation for dental injuries takes into account the number of teeth affected, whether they are permanent or milk teeth and whether they are lost or damaged.

For other head and facial injuries, severity is divided into the following broad ranges to reflect the degree of disruption to your lifestyle and the pain and permanency of your condition:

• Minor
• Moderate
• Moderately severe
• Severe and Permanent

The Minister for Finance had some good news this week for Setanta third party claimants – not to mention the defunct insurance company’s unfortunate policy-holders – when he announced an agreement in principle that the State would ensure that compensation claims would be paid in full. The proposed scheme – once it clears all state aid and competition law obstacles – will also apply to claims against Enterprise Insurance which likewise shut down leaving thousands of policy-holders without cover and claimants unpaid.  

The announcement means that, at long last, there is an end in sight to many years of anxiety suffered by claimants and policy holders, the former worrying that their rightful claims would not be paid in full, the latter facing the prospect of personal ruin in situations where the value of the claim against them exceeded their ability to pay it.

It was often pointed out during the course of the Setanta debacle – and was acknowledged again by the Minister in his announcement –  that the victims of motorists who wilfully or negligently drove without insurance were compensated 100% for their injuries through the MIBI while, in contrast, those involved in an accident with a Setanta motorist – a supposedly insured motorist – faced the possibility that their claim would, at best, be only partially covered. This left the innocent Setanta policy-holder personally liable for the balance of the claim, which in some cases could be enormous.

The liquidation of Setanta was the subject of protracted court proceedings, ultimately decided by the Supreme Court in May 2017. The court held that the Insurance Compensation Fund (ICF) was responsible for the payment of third party claims up to 65% of the claim or €825,000, whichever was the lesser, leaving, in most cases, a shortfall of 35%. While there was some hope that the liquidation of the Maltese-registered insurer would eventually yield up to 22%, it was the policy-holders against whom the claims were made who were immediately on the hook for the deficit.

While the news is positive from the point of view of claimants and defendant policy holders, it is not so good for the average motorist who will be required to pay for an extended period the 2% insurance levy to the ICF, the fund initially set up to cover the costs of the collapse of Quinn Insurance. As a result of the newly-announced Setanta compensation fund, the ICF is due to last an additional eight months or so beyond its initially anticipated span. The fund is expected to expire in 2028 or thereabouts, provided there are no more insurance failures in the meantime.

​Watch this space.