How Estimates of Injury Compensation Are Calculated
The Book of Quantum as currently published by the Injuries Board is under review and an updated version will be available shortly. It is expected that there will be a moderate increase in the values of the approximate range of compensation for personal injuries.
It is important to note that the Book of Quantum is an indicator of the approximate minimum and maximum values for particular injuries. It is of crucial significance to note that it is an approximation only i.e. it is not definitive and each case will be judged on its merits.
There are a number of factors which may influence decision makers when making assessments in respect of personal injuries which fall outside the description of the injury itself, for example; impression made by the Plaintiff on the examining doctor. This may be referred to explicitly or indeed implicitly in the medical report and this may be taken into consideration in making the assessment.
Where a personal injuries matter proceeds to a Court hearing and the parties gives evidence, the presiding judge may be entitled to assess the credibility of the witness and the effect that the injury has had on the Plaintiff and the various aspects of his life such as his social life, personal life, work life and leisure activities. The Judge’s impression of the Plaintiff (or indeed the Defendant’s evidence) may well have a substantial effect on the assessment of damages by the Judge.