What are General Damages?<\/strong><\/h5>\nGeneral Damages cover compensation for pain and suffering resulting from injuries which you sustained in the accident.<\/p>\n
New Personal Injuries Guidelines<\/b><\/span><\/span><\/span><\/h1>\nNew Judicial Guidelines for personal injuries awards apply from the 24th<\/sup> April 2021.<\/span><\/span><\/span><\/p>\nThe Judicial Council\u2019s personal injury guidelines provide general guidelines as to how much compensation may be awarded in a personal injury claim and is used by the Injuries Board when they are assessing a<\/span> personal injury claim.<\/span><\/span><\/span><\/p>\nThe Guidelines will apply to the assessment of damages in all personal injuries actions commenced on or after 24 April 2021.<\/span><\/span><\/span><\/p>\nFrom 24th<\/sup> April it is mandatory for judges to make assessments having regard to the Guidelines, and if they wish to depart from them they are obliged to state the reasons in any judgment for doing so.<\/span><\/span><\/span><\/p>\nThe Book of Quantum will continue to apply to proceedings commenced prior to 24 April 2021 or where an assessment was made by PIAB prior to 24 April 2021 and was deemed not to be accepted.<\/span><\/span><\/span><\/p>\nYou can download the Judicial Council Personal Injury Guidelines <\/em>here.<\/a><\/p>\nThe 2016 Injuries Board\u00a0<\/a>Book of Quantum<\/a> will provide you with a guide to the damages you may receive for general damages.<\/p>\nThis\u00a0Book of Quantum was produced by the Injuries Board and is intended as a Guideline as to the likely compensation for a particular injury.\u00a0This book only reflects compensation for pain and suffering which is supported by appropriate medical evidence.<\/p>\n
Are the Courts bound by the\u00a0Book of Quantum?<\/strong><\/h5>\nWhile Section 22 of the Civil Liability and Courts Act, 2004 provides that the Courts when assessing damages in a personal injuries claims, the judge must take into account the Book of Quantum, the Judge may also take into account other factors.<\/p>\n
![\"\"](\"https:\/\/mulroyandcompany.ie\/main\/wp-content\/uploads\/2018\/08\/Injuries-Board-Body-Map-205x300.png\")
<\/p>\n
An assessment of general damages has a number of components, covering some or all of the following:<\/p>\n
\u2022 A sum to compensate for pain, suffering and loss of enjoyment of life<\/p>\n
\u2022 Specific losses such as past loss of earnings and medical bills<\/p>\n
\u2022 Future cost of medical care<\/p>\n
You can download the updated 2016 Injuries Board Book of Quantum here<\/a>.<\/p>\n<\/h5>\n<\/h5>\n<\/h5>\n<\/h5>\nHow to I calculate my compensation using the\u00a0 Book of Quantum<\/h5>\n
In order to use the Injuries Board Book of Quantum follow the steps set out below to understand what assessment range may be appropriate for an injury:<\/p>\n
1. Identify a category of injury
\n2. Understand the severity of the injury using the medical report on the claimant
\n3. Look up the value range
\n4. Consider the effect of multiple injuries<\/h5>\n1. Identify the category of injury<\/h5>\n
The Book of Quantum is separated into four main categories:<\/p>\n
\n- head;<\/li>\n
- neck, back and trunk;<\/li>\n
- arms; and<\/li>\n
- legs.<\/li>\n<\/ul>\n
2.\u00a0Understand the severity of the injury<\/h5>\n
Generally the severity is categorised into the following broad ranges to reflect the degree of disruption to lifestyle, pain and permanency of the condition. However, there are some injuries that by their nature may have more, or less severity categories.<\/p>\n
\u2022 Minor Injuries<\/em> that have substantially recovered.<\/p>\n\u2022 Moderate Injuries<\/em> includes injuries from which a claimant has substantially recovered but there are ongoing symptoms that interfere with carrying out full day to day activities. Recovery will be achieved from these types of injuries.<\/p>\n\u2022 Moderately Severe Injuries<\/em> includes moderate injuries and in addition the injury has resulted in some permanent incapacity or limitation that impacts the body part which has been injured.<\/p>\n\u2022 Severe and Permanent Conditions<\/em> will apply if the injury is severe and has caused major disruption to a claimants life in a number of areas or results in serious continuing pain and\/or requires permanent medical attention.<\/p>\n3. Look up the value range<\/h5>\n
After identifying the category and severity of the injury go to the relevant section (as set out in the Contents page) where the guideline values are detailed. The majority of injuries fall within that range but it is neither a minimum nor a maximum for individual cases.<\/p>\n
4. Consider the effect of multiple injuries<\/h5>\n
If in addition to the most significant injury as outlined above there are other injuries, it is not appropriate to simply add up values for all the different injuries to determine the amount of compensation. Where additional injuries arise there is likely to be an adjustment within the value range.<\/p>\n
By way of example the following illustrates the spectrum of compensation you might likely receive under the\u00a0\u00a0Book of Quantum\u00a0<\/a>\u00a0for a head and an eye injury.\u00a0<\/strong><\/p>\nHead Injury<\/strong><\/h4>\nConcussion \u2013 Head Injury<\/h5>\n
Symptoms of a concussion injury commonly includes headaches, dizziness and
\nnausea. Permanent symptoms may result but most cases recover.<\/p>\n
Minor up to \u20ac21,800
\nNo loss of consciousness<\/p>\n
Moderate \u20ac19,000 to \u20ac35,200
\nLoss of consciousness less than 24 hours<\/p>\n
Severe \u20ac41,600 to \u20ac74,000
\nLoss of consciousness more than 24 hours<\/p>\n
<\/p>\n
Skull Fracture (no loss of consciousness)\/Minor Head Injuries<\/h5>\n
Under this category there will be little if any disability resulting from the head
\ninjury.<\/p>\n
Minor \u20ac34,700 to \u20ac60,200<\/p>\n
Moderate \u20ac54,200 to \u20ac91,800<\/p>\n
Severe and permanent conditions \u20ac73,400 to \u20ac105,000<\/p>\n
<\/p>\n
Skull Fracture (with loss of consciousness)\/Moderate Head Injuries<\/h5>\n
This category will include an injury that would have had an impact on the state of
\nconsciousness<\/p>\n
Minor \u20ac34,700 to \u20ac66,600<\/p>\n
Moderate \u20ac54,200 to \u20ac98,200<\/p>\n
Severe and permanent conditions \u20ac73,400 to \u20ac124,000<\/p>\n
<\/p>\n
Skull Fracture (with loss of consciousness)\/Severe Head Injuries<\/h5>\n
The severity of injury will dep<\/span>end on the degree of awareness and response to<\/span><\/p>\nsurroundings, the duration of unconscious state and any impact on personality
\nor behaviour, once the injury has stabilised. There may be a greater risk of future
\nepilepsy with this level of injury, which should also be considered.<\/p>\n
Minor \u20ac52,800 to \u20ac124,000<\/p>\n
Moderate \u20ac68,200 to \u20ac128,000<\/p>\n
Severe and permanent conditions (excluding brain damage) \u20ac87,400 to \u20ac144,000<\/p>\n
<\/p>\n
Eye Injuries<\/h4>\nAffecting Sight<\/h5>\n
Injuries in this category range from the most devastating where sight has been
\ncompletely lost, through to transient injury to the eye with minimal impact on
\nvision.<\/p>\n
<\/p>\n
Transient\/Minor Eye Injuries up to \u20ac9,800<\/h5>\n
These injuries will include being struck in the eye, having an item in the eye and
\nbeing splashed with liquid, which may cause pain and have a temporary impact
\non sight.<\/p>\n
Reduced Loss of Sight in One Eye \u20ac22,500 to \u20ac45,400
\nThe amount of the assessment will need to consider the degree of sight that
\nremains.<\/p>\n
Total Loss of Sight in One Eye up to \u20ac138,000
\nThe amount of the assessment will need to consider the degree of sight in the
\nremaining eye.<\/p>\n
<\/p>\n
Total Blindness<\/h5>\n
Cases where total blindness has occurred would need to consider several factors
\nin order to assess the value.
\nSuch factors would include, age at the time of the accident, occupation, lifestyle,
\ncosmetic or disfiguring features, prosthetic requirement.<\/p>\n
<\/p>\n
Injuries Affecting Hearing<\/h4>\n
Cases where the hearing has been affected would need to consider several factors in order to assess the value. Considerations would need to include, if the impact of the injury was immediate or a gradual loss over time, the age at the time of the loss and if balance has or will be affected by the injury. There is a separate guide available to assist in the assessment of hearing loss known as the\u00a0 Report of the Expert Hearing Group (The Green Book).<\/p>\n
<\/p>\n
Facial Injuries<\/h4>\n
The gender and age are factors to determine the exact level of severity. Serious injuries are likely to have an element of disfigurement attached to them and will be considered accordingly.
\nFracture of the Cheek Cheek fractures (the zygoma bone) tend to be unilateral (i.e. one-side only) and result in flattening of the cheek. Eye socket fractures often accompany cheek fractures resulting in changes in appearance of the eyeball such as a sunken appearance. Nerve injuries are also often seen with cheek fractures sometimes leaving ongoing symptoms (e.g. tingling sensation) of the face.<\/p>\n
Le Forte fractures to the facial bones would also fall into this category.<\/p>\n
Minor \u20ac21,200 to \u20ac42,200
\nSimple non-displaced fracture to the cheek bone which has substantially recovered.<\/p>\n
Moderate \u20ac37,700 to \u20ac47,300
\nFractures to the cheek bone(s) that have required surgery with either a complete recovery expected or minimal cosmetic effect.<\/p>\n
Severe and permanent conditions \u20ac47,500 to \u20ac55,600
\nComplex and multiple fractures to the cheek bones which required extensive surgery and extended healing but may result in an incomplete union with lasting consequences that may include numbness to the face.<\/p>\n
Nose Fractures Because of its prominence (and therefore vulnerability) and structural weakness, the nose is the most frequently fractured facial bone.<\/p>\n
Minor \u20ac18,000 to \u20ac22,100
\nSimple non-displaced fracture to the nose which has substantially recovered.<\/p>\n
Moderate \u20ac22,100 to \u20ac32,200
\nFracture(s) to the nasal bone that may have required surgery where a full recovery is expected or minimal cosmetic effect.<\/p>\n
Moderately Severe \u20ac32,400 to \u20ac46,600
\nNasal fractures that have required surgery which may have had some short term consequences on the ability to smell.<\/p>\n
Severe and permanent conditions \u20ac44,500 to \u20ac63,900
\nComplex and multiple fractures to the nasal bones which required extensive surgery and may have lasting consequences on the ability to smell.<\/p>\n
<\/h5>\nJaw \u2013 Soft Tissue<\/h5>\n
A jaw sprain is an unusual sprain. This category is for sprains of the joint between the top and bottom jaws (the temporomandibular joint).<\/p>\n
Minor \u20ac11,000 to \u20ac20,800
\nMinor sprains are mild injuries where there is no tearing of the ligament, and often no jaw movement is lost, although there may be tenderness and slight swelling which has substantially recovered.<\/p>\n
Moderate \u20ac19,500 to \u20ac27,600
\nModerate sprains are caused by a partial tear in the ligament. These sprains are characterised by obvious swelling, extensive bruising, pain, and reduced function of the jaw. These sprains may have caused some impact on diet but a full recovery is expected.<\/p>\n
Severe and permanent conditions \u20ac25,900 to \u20ac52,700
\nThese injuries will be the most severe and will include where the movement of the jaw is restricted due to the ligament or muscle damage. Extensive surgery may have been required.
\nThese severe sprains will have required a change in diet and result in ongoing pain, possibly clicking of the jaw and also a possibility of restriction on opening of the mouth.<\/p>\n
Jaw \u2013 Dislocation A jaw dislocation is a dislocation of the lower jawbone (mandible). Jaw dislocations are usually reduced by closed manipulation. Analgesics and a soft diet may be prescribed or even a cervical collar.<\/p>\n
Minor \u20ac21,200 to \u20ac35,400
\nThese injuries will have substantially recovered and may have required the joint to be replaced back into the original position and has substantially recovered.<\/p>\n
Moderate \u20ac36,100 to \u20ac63,300
\nThese injuries will have required manipulation of the joint back into normal position and may have taken longer to recover with extensive treatment with a full recovery expected. These dislocations may have caused some impact on diet.<\/p>\n
Severe and permanent conditions \u20ac52,700 to \u20ac68,600
\nThese injuries will have required manipulation of the joint back into normal position and may have included more invasive treatment or even surgery to keep the joint in position. May also include ongoing pain and stiffness with some loss of movement and the jaw being more susceptible to future dislocation. These severe dislocations may have required a change in diet and also a possibility of restriction on the opening of the mouth.<\/p>\n
<\/h5>\nJaw \u2013 Fracture<\/h5>\n
After the nose, the jaw (mandible) is the most commonly fractured facial bone. Some jaw fractures may be very simple and require only observation and soft diet or with just bandage immobilisation but the more severe fractures will require internal fixation with the use of wires.<\/p>\n
Minor \u20ac21,200 to \u20ac47,100
\nSimple fracture to either the top or bottom jaw bone which has substantially recovered.<\/p>\n
Moderate \u20ac35,900 to \u20ac74,900
\nFractures to the jaw bone(s) that may have required surgery with either a full recovery expected or minimal cosmetic effect. These fractures may have caused some impact on diet.<\/p>\n
Severe and permanent conditions \u20ac52,700 to \u20ac80,200
\nComplex and multiple fractures to the jaw which required extensive surgery and extended healing but may result in an incomplete union. These severe fractures may have required a change in diet and also a possibility of restriction on the opening of the mouth.<\/p>\n
<\/h5>\nDamage to the Teeth<\/h5>\n
For these injuries there will generally have been a course of treatment. The level of severity and amount will vary depending upon the degree of discomfort and the extent of such treatment. Any difficulty with eating is also a consideration.
\nLoss of Milk Tooth \u20ac4,400 to \u20ac7,000
\nBroken Tooth \u20ac7,500 to \u20ac10,300
\nLoss of One Tooth \u20ac10,300 to \u20ac12,700
\nThe impact of the loss of more than one tooth There are several factors that need to be considered when calculating the assessment for loss of multiple teeth. Such factors would include, the number of teeth affected, location of the teeth, the level of previous dental hygiene, cosmetic effect, possible impacts on the requirement to change to a softer food diet.<\/p>\n
<\/p>\n
Neck Injuries<\/h4>\nWhiplash\/Soft Tissue<\/h5>\n
The most common type of neck injury is called a \u201cwhiplash\u201d injury which is an
\nover extension or sprain often suffered in a motor vehicle accident or high impact
\nslip\/trip\/fall type of accidents.
\nWhiplash injuries can involve a very minor sprain that heals within days or weeks
\nor they can in extreme cases cause long lasting pain and permanent disability.
\nSometimes a neck strain can irritate or aggravate a pre-existing condition that may
\nor may not have been treated before the accident. These can include disc lesions,
\nspondylosis, osteoarthritis, spondylolisthesis.<\/p>\n
Minor \u2013 substantially recovered up to \u20ac15,700<\/p>\n
Minor \u2013 a full recovery expected up to \u20ac19,400<\/p>\n
These injuries are minor soft tissue, whiplash injuries. Whilst the duration of
\nsymptoms will be of importance, there are also other factors that need to be
\nconsidered when calculating the assessment. Such factors would include the
\nnature of the neck injury, the intensity of the pain and extent of the symptoms,
\nthe presence of additional symptoms in the back or shoulder areas, the impact
\nof the injuries on the persons ability to work and\/or the extent of the treatment.<\/p>\n
Moderate \u20ac20,400 to \u20ac30,200<\/p>\n
These injuries would be moderate soft tissue injuries where the period of recovery
\nhas been protracted and where there remains an increased vulnerability to further
\ntrauma. Also within this bracket would be injuries which may have accelerated or
\nexacerbated a pre-existing condition over a period of time, usually no more than
\nfive years.<\/p>\n
Moderately Severe \u20ac34,400 to \u20ac52,200<\/p>\n
These injuries involve the soft tissue or wrenching type injury of the more severe
\ntype resulting in serious limitation of movement, recurring pain, stiffness and
\ndiscomfort and the possible need for surgery or increased vulnerability to further
\ntrauma. This would also include injuries which may have accelerated and\/or
\nexacerbated a pre-existing condition over a prolonged period of time, usually more
\nthan five years resulting in ongoing pain and stiffness.<\/p>\n
Severe and permanent \u20ac44,600 to \u20ac77,900<\/p>\n
The most severe category. These injuries will have also affected the structure
\nof the neck and the discs, resulting in serious limitation of movement and the
\nrequirement for surgery. Little or no movement regained on a permanent basis
\nresulting in ongoing pain and stiffness with the necessity to wear a collar for long
\nperiods in the day<\/p>\n
Back Injuries and Spinal Fractures<\/h5>\nA. Back<\/h5>\n
Serious injuries may involve partial or complete damage to the spinal nerves,
\nserious exacerbation of disc lesions requiring fusing of vertebra, irritation of a
\nspinal nerve root, and those most severe back injuries involving paralysis, or other
\nsevere consequences such as loss of sexual function or loss or impairment of
\nurinary or bladder function.<\/p>\n
Soft Tissue<\/p>\n
These injuries would include an over extension or sprain often suffered in a motor
\nvehicle accident or high impact slips\/trips\/falls type of accidents.<\/p>\n
Minor \u2013 substantially recovered up to \u20ac14,800<\/p>\n
Minor \u2013 a full recovery expected up to \u20ac18,400<\/p>\n
These injuries are minor soft tissue injuries. Whilst the duration of symptoms will
\nbe of importance, there are also other factors that need to be considered when
\ncalculating the assessment. Such factors would include the nature of the back
\ninjury, the intensity of the pain and extent of the symptoms, the presence of
\nadditional symptoms in the buttocks or hip areas, the impact of the injuries on the
\nperson\u2019s ability to work and\/or the extent of the treatment.<\/p>\n
Moderate \u20ac21,400 to \u20ac34,400<\/p>\n
These injuries would be moderate soft tissue injuries where the period of recovery
\nhas been protracted and where there remains an increased vulnerability to further
\ntrauma. Also within this bracket would be injuries which may have accelerated or
\nexacerbated a pre-existing condition over a period of time, usually no more than
\nfive years.<\/p>\n
Moderately Severe \u20ac32,100 to \u20ac55,700<\/p>\n
These injuries involve the soft tissue or wrenching type injury of the more severe
\ntype resulting in serious limitation of movement, recurring pain, stiffness and
\ndiscomfort and the possible need for surgery or increased vulnerability to further
\ntrauma. This would also include injuries which may have accelerated and\/or
\nexacerbated a pre-existing condition over a prolonged period of time, usually more
\nthan five years resulting in ongoing pain and stiffness.Severe and permanent \u20ac52,300 to \u20ac92,000<\/p>\n
The most severe category. These injuries will have also affected the structure
\nof the back and the discs, resulting in serious limitation of movement and the
\nrequirement for surgery. Little or no movement regained on a permanent basis
\nresulting in ongoing pain and stiffness with the necessity to wear a back brace\/
\nsupport for long periods in the day.<\/p>\n
B. Spinal Cord Injuries<\/h5>\n
Quadriplegia is paralysis of all four limbs with paraplegia being paralysis of both
\nlower limbs and partial or total loss of urinary and bowel function, due to spinal
\ncord disease or injury.<\/p>\n
The Courts set the maximum compensation with the exact value being based on
\na number of considerations:<\/p>\n
a) level of movement
\nb) level of pain and suffering
\nc) depression \u2013 level of achievable rehabilitation
\nd) age and life expectancy<\/p>\n
The most catastrophically injured members of society suffer great pain and distress,
\nmay never work or enjoy the benefits of a loving relationship and may remain
\ndependent on the care of others for years or indeed for the whole of their lifetime.
\nThe upper range for compensation of this type rests in or around \u20ac450,000.<\/p>\n
C. Vertebra<\/h5>\n
This category includes all types of vertebral fractures including fracture dislocations,
\nwedge fractures, chance fractures, burst fractures and flexion tear drop fractures.
\nWedge spinal fractures are regarded as stable fractures and rarely result in
\nneurological complications. These occur most commonly in the thoracic spine.
\nBurst fractures are regarded as stable fractures but may result in spinal cord
\ninvolvement if there is bone fragmentation.<\/p>\n
Minor \u20ac32,500 to \u20ac63,300
\nSimple fracture to one vertebra which has substantially recovered.<\/p>\n
Moderate \u20ac54,900 to \u20ac92,700
\nMay include multiple vertebra fractures that may have required surgery with either
\na full recovery expected or ongoing minimal pain and stiffness which may impact
\non movement of the spine.<\/p>\n
Severe and permanent conditions \u20ac76,000 to \u20ac139,000
\nMultiple fractures to the vertebra with ongoing consequences, but without
\nparalysis.<\/p>\n
<\/p>\n
4. Upper Limb Injuries<\/h4>\nA. Arm or Hand Amputations<\/h5>\n
Complicated traumatic amputations are ones involving delayed treatment, delayed
\nhealing or major infection. The necessity for stump revision or the existence of
\nphantom limb pains may also occur. An amputation can also be provided as a
\ntreatment required due to a severe injury.
\nLoss of Single Digits \u2022
\nThere are several factors that need to be considered when calculating the
\nassessment. Such factors would include dominant hand, appearance, use of any
\nremaining stump, age, gender and occupation impacts.<\/p>\n
Index Finger \u2013 partial up to \u20ac55,800<\/p>\n
Index Finger \u2013 total up to \u20ac61,200<\/p>\n
Middle Finger \u2013 partial up to \u20ac51,100<\/p>\n
Middle Finger \u2013 total up to \u20ac57,200<\/p>\n
Ring Finger \u2013 partial up to \u20ac43,300<\/p>\n
Ring Finger \u2013 total up to \u20ac57,200<\/p>\n
Little Finger \u2013 partial up to \u20ac41,600<\/p>\n
Little Finger \u2013 total up to \u20ac46,400<\/p>\n
Thumb \u2013 partial up to \u20ac44,200<\/p>\n
Thumb \u2013 total up to \u20ac80,500<\/p>\n
Loss of Multiple Digits<\/h5>\n
There are several factors that need to be considered when calculating the
\nassessment for loss of multiple digits. Such factors would include, which digits
\nand how many digits, dominant hand, appearance, impact on hand function, age,
\ngender and occupation impacts.<\/p>\n
Loss of Arms or Hands<\/h5>\n
There are several factors that need to be considered when calculating the
\nassessment for loss of arms or hands. Therefore each case will need to be assessed
\non its individual merits. Such factors would include, above or below elbow, above
\nor below wrist, dominant hand, appearance, use of prosthetic, age, gender and
\noccupation impacts.<\/p>\n
You can read see the full Book of Quantum here.<\/p>\n
Injuries Board Book of Quantum Personal Injuries<\/a><\/p>\nWhat are Special Damages?<\/strong><\/h5>\nHowever, every personal injury\u00a0 claim is unique and will be decided on its merits and of course does not deal with the financial losses associated with an accident such as loss of income, medical expenses incurred etc.<\/p>\n
Special Damages are any expenses that you have incurred as a result of an accident. Special Damages cover areas such as loss of earnings, medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc in addition to general compensation for your personal injuries claim.<\/p>\n
How is loss of income calculated?<\/strong><\/h5>\nLoss of earnings into the future caused by the injury A claim will be assessed in its entirety including all components appropriate to the case that have been vouched.<\/p>\n
We are here to help. Please do not hesitate to telephone Mulroy and Company Personal Injuries Solicitors at 091 – 586760 or email<\/a> us to discuss your claim.<\/p>\nEnquiry Form<\/strong><\/h4>\n
New Judicial Guidelines for personal injuries awards apply from the 24th<\/sup> April 2021.<\/span><\/span><\/span><\/p>\n The Judicial Council\u2019s personal injury guidelines provide general guidelines as to how much compensation may be awarded in a personal injury claim and is used by the Injuries Board when they are assessing a<\/span> personal injury claim.<\/span><\/span><\/span><\/p>\n The Guidelines will apply to the assessment of damages in all personal injuries actions commenced on or after 24 April 2021.<\/span><\/span><\/span><\/p>\n From 24th<\/sup> April it is mandatory for judges to make assessments having regard to the Guidelines, and if they wish to depart from them they are obliged to state the reasons in any judgment for doing so.<\/span><\/span><\/span><\/p>\n The Book of Quantum will continue to apply to proceedings commenced prior to 24 April 2021 or where an assessment was made by PIAB prior to 24 April 2021 and was deemed not to be accepted.<\/span><\/span><\/span><\/p>\n You can download the Judicial Council Personal Injury Guidelines <\/em>here.<\/a><\/p>\n The 2016 Injuries Board\u00a0<\/a>Book of Quantum<\/a> will provide you with a guide to the damages you may receive for general damages.<\/p>\n This\u00a0Book of Quantum was produced by the Injuries Board and is intended as a Guideline as to the likely compensation for a particular injury.\u00a0This book only reflects compensation for pain and suffering which is supported by appropriate medical evidence.<\/p>\n While Section 22 of the Civil Liability and Courts Act, 2004 provides that the Courts when assessing damages in a personal injuries claims, the judge must take into account the Book of Quantum, the Judge may also take into account other factors.<\/p>\n An assessment of general damages has a number of components, covering some or all of the following:<\/p>\n \u2022 A sum to compensate for pain, suffering and loss of enjoyment of life<\/p>\n \u2022 Specific losses such as past loss of earnings and medical bills<\/p>\n \u2022 Future cost of medical care<\/p>\n You can download the updated 2016 Injuries Board Book of Quantum here<\/a>.<\/p>\n In order to use the Injuries Board Book of Quantum follow the steps set out below to understand what assessment range may be appropriate for an injury:<\/p>\n The Book of Quantum is separated into four main categories:<\/p>\n Generally the severity is categorised into the following broad ranges to reflect the degree of disruption to lifestyle, pain and permanency of the condition. However, there are some injuries that by their nature may have more, or less severity categories.<\/p>\n \u2022 Minor Injuries<\/em> that have substantially recovered.<\/p>\n \u2022 Moderate Injuries<\/em> includes injuries from which a claimant has substantially recovered but there are ongoing symptoms that interfere with carrying out full day to day activities. Recovery will be achieved from these types of injuries.<\/p>\n \u2022 Moderately Severe Injuries<\/em> includes moderate injuries and in addition the injury has resulted in some permanent incapacity or limitation that impacts the body part which has been injured.<\/p>\n \u2022 Severe and Permanent Conditions<\/em> will apply if the injury is severe and has caused major disruption to a claimants life in a number of areas or results in serious continuing pain and\/or requires permanent medical attention.<\/p>\n After identifying the category and severity of the injury go to the relevant section (as set out in the Contents page) where the guideline values are detailed. The majority of injuries fall within that range but it is neither a minimum nor a maximum for individual cases.<\/p>\n If in addition to the most significant injury as outlined above there are other injuries, it is not appropriate to simply add up values for all the different injuries to determine the amount of compensation. Where additional injuries arise there is likely to be an adjustment within the value range.<\/p>\n By way of example the following illustrates the spectrum of compensation you might likely receive under the\u00a0\u00a0Book of Quantum\u00a0<\/a>\u00a0for a head and an eye injury.\u00a0<\/strong><\/p>\n Symptoms of a concussion injury commonly includes headaches, dizziness and Minor up to \u20ac21,800 Moderate \u20ac19,000 to \u20ac35,200 Severe \u20ac41,600 to \u20ac74,000 <\/p>\n Under this category there will be little if any disability resulting from the head Minor \u20ac34,700 to \u20ac60,200<\/p>\n Moderate \u20ac54,200 to \u20ac91,800<\/p>\n Severe and permanent conditions \u20ac73,400 to \u20ac105,000<\/p>\n <\/p>\n This category will include an injury that would have had an impact on the state of Minor \u20ac34,700 to \u20ac66,600<\/p>\n Moderate \u20ac54,200 to \u20ac98,200<\/p>\n Severe and permanent conditions \u20ac73,400 to \u20ac124,000<\/p>\n <\/p>\n The severity of injury will dep<\/span>end on the degree of awareness and response to<\/span><\/p>\n surroundings, the duration of unconscious state and any impact on personality Minor \u20ac52,800 to \u20ac124,000<\/p>\n Moderate \u20ac68,200 to \u20ac128,000<\/p>\n Severe and permanent conditions (excluding brain damage) \u20ac87,400 to \u20ac144,000<\/p>\n <\/p>\n Injuries in this category range from the most devastating where sight has been <\/p>\n These injuries will include being struck in the eye, having an item in the eye and Reduced Loss of Sight in One Eye \u20ac22,500 to \u20ac45,400 Total Loss of Sight in One Eye up to \u20ac138,000 <\/p>\n Cases where total blindness has occurred would need to consider several factors <\/p>\n Cases where the hearing has been affected would need to consider several factors in order to assess the value. Considerations would need to include, if the impact of the injury was immediate or a gradual loss over time, the age at the time of the loss and if balance has or will be affected by the injury. There is a separate guide available to assist in the assessment of hearing loss known as the\u00a0 Report of the Expert Hearing Group (The Green Book).<\/p>\n <\/p>\n The gender and age are factors to determine the exact level of severity. Serious injuries are likely to have an element of disfigurement attached to them and will be considered accordingly. Le Forte fractures to the facial bones would also fall into this category.<\/p>\n Minor \u20ac21,200 to \u20ac42,200 Moderate \u20ac37,700 to \u20ac47,300 Severe and permanent conditions \u20ac47,500 to \u20ac55,600 Nose Fractures Because of its prominence (and therefore vulnerability) and structural weakness, the nose is the most frequently fractured facial bone.<\/p>\n Minor \u20ac18,000 to \u20ac22,100 Moderate \u20ac22,100 to \u20ac32,200 Moderately Severe \u20ac32,400 to \u20ac46,600 Severe and permanent conditions \u20ac44,500 to \u20ac63,900 A jaw sprain is an unusual sprain. This category is for sprains of the joint between the top and bottom jaws (the temporomandibular joint).<\/p>\n Minor \u20ac11,000 to \u20ac20,800 Moderate \u20ac19,500 to \u20ac27,600 Severe and permanent conditions \u20ac25,900 to \u20ac52,700 Jaw \u2013 Dislocation A jaw dislocation is a dislocation of the lower jawbone (mandible). Jaw dislocations are usually reduced by closed manipulation. Analgesics and a soft diet may be prescribed or even a cervical collar.<\/p>\n Minor \u20ac21,200 to \u20ac35,400 Moderate \u20ac36,100 to \u20ac63,300 Severe and permanent conditions \u20ac52,700 to \u20ac68,600 After the nose, the jaw (mandible) is the most commonly fractured facial bone. Some jaw fractures may be very simple and require only observation and soft diet or with just bandage immobilisation but the more severe fractures will require internal fixation with the use of wires.<\/p>\n Minor \u20ac21,200 to \u20ac47,100 Moderate \u20ac35,900 to \u20ac74,900 Severe and permanent conditions \u20ac52,700 to \u20ac80,200 For these injuries there will generally have been a course of treatment. The level of severity and amount will vary depending upon the degree of discomfort and the extent of such treatment. Any difficulty with eating is also a consideration. <\/p>\n The most common type of neck injury is called a \u201cwhiplash\u201d injury which is an Minor \u2013 substantially recovered up to \u20ac15,700<\/p>\n Minor \u2013 a full recovery expected up to \u20ac19,400<\/p>\n These injuries are minor soft tissue, whiplash injuries. Whilst the duration of Moderate \u20ac20,400 to \u20ac30,200<\/p>\n These injuries would be moderate soft tissue injuries where the period of recovery Moderately Severe \u20ac34,400 to \u20ac52,200<\/p>\n These injuries involve the soft tissue or wrenching type injury of the more severe Severe and permanent \u20ac44,600 to \u20ac77,900<\/p>\n The most severe category. These injuries will have also affected the structure Serious injuries may involve partial or complete damage to the spinal nerves, Soft Tissue<\/p>\n These injuries would include an over extension or sprain often suffered in a motor Minor \u2013 substantially recovered up to \u20ac14,800<\/p>\n Minor \u2013 a full recovery expected up to \u20ac18,400<\/p>\n These injuries are minor soft tissue injuries. Whilst the duration of symptoms will Moderate \u20ac21,400 to \u20ac34,400<\/p>\n These injuries would be moderate soft tissue injuries where the period of recovery Moderately Severe \u20ac32,100 to \u20ac55,700<\/p>\n These injuries involve the soft tissue or wrenching type injury of the more severe The most severe category. These injuries will have also affected the structure Quadriplegia is paralysis of all four limbs with paraplegia being paralysis of both The Courts set the maximum compensation with the exact value being based on a) level of movement The most catastrophically injured members of society suffer great pain and distress, This category includes all types of vertebral fractures including fracture dislocations, Minor \u20ac32,500 to \u20ac63,300 Moderate \u20ac54,900 to \u20ac92,700 Severe and permanent conditions \u20ac76,000 to \u20ac139,000 <\/p>\n Complicated traumatic amputations are ones involving delayed treatment, delayed Index Finger \u2013 partial up to \u20ac55,800<\/p>\n Index Finger \u2013 total up to \u20ac61,200<\/p>\n Middle Finger \u2013 partial up to \u20ac51,100<\/p>\n Middle Finger \u2013 total up to \u20ac57,200<\/p>\n Ring Finger \u2013 partial up to \u20ac43,300<\/p>\n Ring Finger \u2013 total up to \u20ac57,200<\/p>\n Little Finger \u2013 partial up to \u20ac41,600<\/p>\n Little Finger \u2013 total up to \u20ac46,400<\/p>\n Thumb \u2013 partial up to \u20ac44,200<\/p>\n Thumb \u2013 total up to \u20ac80,500<\/p>\n There are several factors that need to be considered when calculating the There are several factors that need to be considered when calculating the You can read see the full Book of Quantum here.<\/p>\n Injuries Board Book of Quantum Personal Injuries<\/a><\/p>\n However, every personal injury\u00a0 claim is unique and will be decided on its merits and of course does not deal with the financial losses associated with an accident such as loss of income, medical expenses incurred etc.<\/p>\n Special Damages are any expenses that you have incurred as a result of an accident. Special Damages cover areas such as loss of earnings, medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc in addition to general compensation for your personal injuries claim.<\/p>\n Loss of earnings into the future caused by the injury A claim will be assessed in its entirety including all components appropriate to the case that have been vouched.<\/p>\n We are here to help. Please do not hesitate to telephone Mulroy and Company Personal Injuries Solicitors at 091 – 586760 or email<\/a> us to discuss your claim.<\/p>\nAre the Courts bound by the\u00a0Book of Quantum?<\/strong><\/h5>\n
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How to I calculate my compensation using the\u00a0 Book of Quantum<\/h5>\n
1. Identify a category of injury
\n2. Understand the severity of the injury using the medical report on the claimant
\n3. Look up the value range
\n4. Consider the effect of multiple injuries<\/h5>\n1. Identify the category of injury<\/h5>\n
\n
2.\u00a0Understand the severity of the injury<\/h5>\n
3. Look up the value range<\/h5>\n
4. Consider the effect of multiple injuries<\/h5>\n
Head Injury<\/strong><\/h4>\n
Concussion \u2013 Head Injury<\/h5>\n
\nnausea. Permanent symptoms may result but most cases recover.<\/p>\n
\nNo loss of consciousness<\/p>\n
\nLoss of consciousness less than 24 hours<\/p>\n
\nLoss of consciousness more than 24 hours<\/p>\nSkull Fracture (no loss of consciousness)\/Minor Head Injuries<\/h5>\n
\ninjury.<\/p>\nSkull Fracture (with loss of consciousness)\/Moderate Head Injuries<\/h5>\n
\nconsciousness<\/p>\nSkull Fracture (with loss of consciousness)\/Severe Head Injuries<\/h5>\n
\nor behaviour, once the injury has stabilised. There may be a greater risk of future
\nepilepsy with this level of injury, which should also be considered.<\/p>\nEye Injuries<\/h4>\n
Affecting Sight<\/h5>\n
\ncompletely lost, through to transient injury to the eye with minimal impact on
\nvision.<\/p>\nTransient\/Minor Eye Injuries up to \u20ac9,800<\/h5>\n
\nbeing splashed with liquid, which may cause pain and have a temporary impact
\non sight.<\/p>\n
\nThe amount of the assessment will need to consider the degree of sight that
\nremains.<\/p>\n
\nThe amount of the assessment will need to consider the degree of sight in the
\nremaining eye.<\/p>\nTotal Blindness<\/h5>\n
\nin order to assess the value.
\nSuch factors would include, age at the time of the accident, occupation, lifestyle,
\ncosmetic or disfiguring features, prosthetic requirement.<\/p>\nInjuries Affecting Hearing<\/h4>\n
Facial Injuries<\/h4>\n
\nFracture of the Cheek Cheek fractures (the zygoma bone) tend to be unilateral (i.e. one-side only) and result in flattening of the cheek. Eye socket fractures often accompany cheek fractures resulting in changes in appearance of the eyeball such as a sunken appearance. Nerve injuries are also often seen with cheek fractures sometimes leaving ongoing symptoms (e.g. tingling sensation) of the face.<\/p>\n
\nSimple non-displaced fracture to the cheek bone which has substantially recovered.<\/p>\n
\nFractures to the cheek bone(s) that have required surgery with either a complete recovery expected or minimal cosmetic effect.<\/p>\n
\nComplex and multiple fractures to the cheek bones which required extensive surgery and extended healing but may result in an incomplete union with lasting consequences that may include numbness to the face.<\/p>\n
\nSimple non-displaced fracture to the nose which has substantially recovered.<\/p>\n
\nFracture(s) to the nasal bone that may have required surgery where a full recovery is expected or minimal cosmetic effect.<\/p>\n
\nNasal fractures that have required surgery which may have had some short term consequences on the ability to smell.<\/p>\n
\nComplex and multiple fractures to the nasal bones which required extensive surgery and may have lasting consequences on the ability to smell.<\/p>\n<\/h5>\n
Jaw \u2013 Soft Tissue<\/h5>\n
\nMinor sprains are mild injuries where there is no tearing of the ligament, and often no jaw movement is lost, although there may be tenderness and slight swelling which has substantially recovered.<\/p>\n
\nModerate sprains are caused by a partial tear in the ligament. These sprains are characterised by obvious swelling, extensive bruising, pain, and reduced function of the jaw. These sprains may have caused some impact on diet but a full recovery is expected.<\/p>\n
\nThese injuries will be the most severe and will include where the movement of the jaw is restricted due to the ligament or muscle damage. Extensive surgery may have been required.
\nThese severe sprains will have required a change in diet and result in ongoing pain, possibly clicking of the jaw and also a possibility of restriction on opening of the mouth.<\/p>\n
\nThese injuries will have substantially recovered and may have required the joint to be replaced back into the original position and has substantially recovered.<\/p>\n
\nThese injuries will have required manipulation of the joint back into normal position and may have taken longer to recover with extensive treatment with a full recovery expected. These dislocations may have caused some impact on diet.<\/p>\n
\nThese injuries will have required manipulation of the joint back into normal position and may have included more invasive treatment or even surgery to keep the joint in position. May also include ongoing pain and stiffness with some loss of movement and the jaw being more susceptible to future dislocation. These severe dislocations may have required a change in diet and also a possibility of restriction on the opening of the mouth.<\/p>\n<\/h5>\n
Jaw \u2013 Fracture<\/h5>\n
\nSimple fracture to either the top or bottom jaw bone which has substantially recovered.<\/p>\n
\nFractures to the jaw bone(s) that may have required surgery with either a full recovery expected or minimal cosmetic effect. These fractures may have caused some impact on diet.<\/p>\n
\nComplex and multiple fractures to the jaw which required extensive surgery and extended healing but may result in an incomplete union. These severe fractures may have required a change in diet and also a possibility of restriction on the opening of the mouth.<\/p>\n<\/h5>\n
Damage to the Teeth<\/h5>\n
\nLoss of Milk Tooth \u20ac4,400 to \u20ac7,000
\nBroken Tooth \u20ac7,500 to \u20ac10,300
\nLoss of One Tooth \u20ac10,300 to \u20ac12,700
\nThe impact of the loss of more than one tooth There are several factors that need to be considered when calculating the assessment for loss of multiple teeth. Such factors would include, the number of teeth affected, location of the teeth, the level of previous dental hygiene, cosmetic effect, possible impacts on the requirement to change to a softer food diet.<\/p>\nNeck Injuries<\/h4>\n
Whiplash\/Soft Tissue<\/h5>\n
\nover extension or sprain often suffered in a motor vehicle accident or high impact
\nslip\/trip\/fall type of accidents.
\nWhiplash injuries can involve a very minor sprain that heals within days or weeks
\nor they can in extreme cases cause long lasting pain and permanent disability.
\nSometimes a neck strain can irritate or aggravate a pre-existing condition that may
\nor may not have been treated before the accident. These can include disc lesions,
\nspondylosis, osteoarthritis, spondylolisthesis.<\/p>\n
\nsymptoms will be of importance, there are also other factors that need to be
\nconsidered when calculating the assessment. Such factors would include the
\nnature of the neck injury, the intensity of the pain and extent of the symptoms,
\nthe presence of additional symptoms in the back or shoulder areas, the impact
\nof the injuries on the persons ability to work and\/or the extent of the treatment.<\/p>\n
\nhas been protracted and where there remains an increased vulnerability to further
\ntrauma. Also within this bracket would be injuries which may have accelerated or
\nexacerbated a pre-existing condition over a period of time, usually no more than
\nfive years.<\/p>\n
\ntype resulting in serious limitation of movement, recurring pain, stiffness and
\ndiscomfort and the possible need for surgery or increased vulnerability to further
\ntrauma. This would also include injuries which may have accelerated and\/or
\nexacerbated a pre-existing condition over a prolonged period of time, usually more
\nthan five years resulting in ongoing pain and stiffness.<\/p>\n
\nof the neck and the discs, resulting in serious limitation of movement and the
\nrequirement for surgery. Little or no movement regained on a permanent basis
\nresulting in ongoing pain and stiffness with the necessity to wear a collar for long
\nperiods in the day<\/p>\nBack Injuries and Spinal Fractures<\/h5>\n
A. Back<\/h5>\n
\nserious exacerbation of disc lesions requiring fusing of vertebra, irritation of a
\nspinal nerve root, and those most severe back injuries involving paralysis, or other
\nsevere consequences such as loss of sexual function or loss or impairment of
\nurinary or bladder function.<\/p>\n
\nvehicle accident or high impact slips\/trips\/falls type of accidents.<\/p>\n
\nbe of importance, there are also other factors that need to be considered when
\ncalculating the assessment. Such factors would include the nature of the back
\ninjury, the intensity of the pain and extent of the symptoms, the presence of
\nadditional symptoms in the buttocks or hip areas, the impact of the injuries on the
\nperson\u2019s ability to work and\/or the extent of the treatment.<\/p>\n
\nhas been protracted and where there remains an increased vulnerability to further
\ntrauma. Also within this bracket would be injuries which may have accelerated or
\nexacerbated a pre-existing condition over a period of time, usually no more than
\nfive years.<\/p>\n
\ntype resulting in serious limitation of movement, recurring pain, stiffness and
\ndiscomfort and the possible need for surgery or increased vulnerability to further
\ntrauma. This would also include injuries which may have accelerated and\/or
\nexacerbated a pre-existing condition over a prolonged period of time, usually more
\nthan five years resulting in ongoing pain and stiffness.Severe and permanent \u20ac52,300 to \u20ac92,000<\/p>\n
\nof the back and the discs, resulting in serious limitation of movement and the
\nrequirement for surgery. Little or no movement regained on a permanent basis
\nresulting in ongoing pain and stiffness with the necessity to wear a back brace\/
\nsupport for long periods in the day.<\/p>\nB. Spinal Cord Injuries<\/h5>\n
\nlower limbs and partial or total loss of urinary and bowel function, due to spinal
\ncord disease or injury.<\/p>\n
\na number of considerations:<\/p>\n
\nb) level of pain and suffering
\nc) depression \u2013 level of achievable rehabilitation
\nd) age and life expectancy<\/p>\n
\nmay never work or enjoy the benefits of a loving relationship and may remain
\ndependent on the care of others for years or indeed for the whole of their lifetime.
\nThe upper range for compensation of this type rests in or around \u20ac450,000.<\/p>\nC. Vertebra<\/h5>\n
\nwedge fractures, chance fractures, burst fractures and flexion tear drop fractures.
\nWedge spinal fractures are regarded as stable fractures and rarely result in
\nneurological complications. These occur most commonly in the thoracic spine.
\nBurst fractures are regarded as stable fractures but may result in spinal cord
\ninvolvement if there is bone fragmentation.<\/p>\n
\nSimple fracture to one vertebra which has substantially recovered.<\/p>\n
\nMay include multiple vertebra fractures that may have required surgery with either
\na full recovery expected or ongoing minimal pain and stiffness which may impact
\non movement of the spine.<\/p>\n
\nMultiple fractures to the vertebra with ongoing consequences, but without
\nparalysis.<\/p>\n4. Upper Limb Injuries<\/h4>\n
A. Arm or Hand Amputations<\/h5>\n
\nhealing or major infection. The necessity for stump revision or the existence of
\nphantom limb pains may also occur. An amputation can also be provided as a
\ntreatment required due to a severe injury.
\nLoss of Single Digits \u2022
\nThere are several factors that need to be considered when calculating the
\nassessment. Such factors would include dominant hand, appearance, use of any
\nremaining stump, age, gender and occupation impacts.<\/p>\nLoss of Multiple Digits<\/h5>\n
\nassessment for loss of multiple digits. Such factors would include, which digits
\nand how many digits, dominant hand, appearance, impact on hand function, age,
\ngender and occupation impacts.<\/p>\nLoss of Arms or Hands<\/h5>\n
\nassessment for loss of arms or hands. Therefore each case will need to be assessed
\non its individual merits. Such factors would include, above or below elbow, above
\nor below wrist, dominant hand, appearance, use of prosthetic, age, gender and
\noccupation impacts.<\/p>\nWhat are Special Damages?<\/strong><\/h5>\n
How is loss of income calculated?<\/strong><\/h5>\n
Enquiry Form<\/strong><\/h4>\n