The Judicial Guidelines are catalogued levels of damages which can be considered in personal injury cases with respect to compensation for injuries sustained.
The Judicial Council Act 2019 (“the 2019 Act”) came into being on the 6th day of March 2021 for this matter.
The guidelines deal with General Damages not Special Damages.
General Damages are for the injury and pain and suffering that arose from same.
Special Damages are the quantifiable financial losses that have resulted from the accident.
The Guidelines were prepared having regard to s. 90(3) of the 2019 Act, namely:
(i) the level of damages awarded for personal injuries by courts in the State;
(ii) the level of damages awarded for personal injuries by courts in such places outside the State as the Committee considered relevant;
(iii) the principles for the assessment and award of damages for personal injuries as determined by the High Court, Court of Appeal and Supreme Court;
(iv) guidelines relating to the classification of personal injuries; (v) the need to promote consistency in the level of damages awarded for personal injuries; and,
(vi) the other factors referred to in the Report of the Committee forwarded to the Board with the draft Personal Injuries Guidelines on the 9th day of December 2020.
A court has independence and discretion to decide upon an award of damages in a personal injury case but they must have regard for the Judicial Guidelines. Principles of fairness to both the injured party and the defendant apply to awards and proportionality to the injury sustained and affect on a persons life is important.
In many circumstances the injured party can have multiple injuries and each injury is assessed separately.
If a person sustained an injury in an accident which aggravated a previous injury, the court will have regard to whether the condition had been made worse and the duration of any increased symptomology.
There are circumstances where a person has sustained an injury not documented in the Judicial Guidelines. If this arises in a case, a court will likely have regard to the Judicial Guidelines for any similar injury type.
The Guidelines categorise injuries to the following :
- Injuries resulting in foreshortened life expectancy
- Injuries involving paralysis
- Head injuries
- Psychiatric injury
- Injuries to sight / deafness / senses
- Injuries to internal organs
- Respiratory conditions
- Digestive system, reproductive system male / female
- Orthopaedic injuries
- Chronic pain
- Facial injuries
- Skin conditions
Matters considered affecting the level of the award can include :
- Age
- Impact on ones life
- Impact on work
- Nature, extent and duration of treatment
- Psychological sequelae including depression
- Prognosis
- Duration of physical discomfort
- Duration of the injury
- Medical intervention needed
- Impact on personal relationships
Injuries can be categorised into severe, moderate, minor ranges.
The Judicial Guidelines provide for a framework for assessing a wide range of personal injuries, with level of damages ranges varying according to the severity and long-term effects of each injury.
Everyones life and facts are different and in a personal injury case both General Damages for the pain and suffering and Special Damages ie the financial losses due to the negligence will need to be assessed by the injuries board or a court.
Cleary & Co. Solicitors – Litigation Law Firm
If you have been in an accident and wish to have a case assessment, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
