Personal Injuries

Injuries Board The Personal Injuries Assessment Board Act 2003 and the Civil Liability and Courts Act 2004 made fundamental changes to the procedures for the recovery of compensation in personal-injury cases.  It reformed the law and practice for personal-injury claims and litigation. … Read the rest

Special Damages in Personal Injury Cases Where the claimant has suffered serious personal injuries, it may affect his capacity for work leading to loss of earnings to date,  future loss of earnings and loss of other employment-related benefits.… Read the rest

Road Traffic Accidents I A significant amount of negligence cases arise from road traffic accidents. Formerly, such cases constituted a high proportion of all cases before the courts. The introduction of the PIAB has required that all cases are filtered through PIAB, now the Injuries Board.… Read the rest

Role of Solicitors Solicitors only, may issue legal proceedings on behalf of others for reward.  In theory, cases may be settled by non-solicitors, but the fact that they are not in a position to institute legal proceedings, is likely to weaken their position. … Read the rest

Tort The vast majority of civil claims for personal injuries are settled by agreement.  In practice, the defendant’s insurers usually take over the conduct of the claim,  will decide whether to settle and will determine the terms on which the settlement, typically with the claimant’s legal representatives. … Read the rest

Assessment Chapter 2 of the Personal Injury Assessment Board Act 2003 as amended sets out the procedure for assessment of claims by the Injuries Board.   It involves the assessment of the amount of damages the claimant is entitled to receive in relation to the claim, on the assumption that the respondent (defendant or defendants) is fully liable in respect of the claim.… Read the rest

Scope The Injuries Board assessment procedure applies to the following civil actions civil actions by an employee against his or her employer for negligence or breach of duty arising in the course of the employee’s employment with that employer; civil actions by a person against another arising out of that other’s ownership, driving or use of a mechanically propelled vehicle; civil actions by a person against another arising out of that other’s use or occupation of land or any structure or building; civil actions not falling into above categories other than one arising from the provision of health services, carrying out of a medical or surgical procedure in or the provision of any medical advice or treatment.… Read the rest

Compensation for Personal Injury Compensation in a civil action for tort is awarded by way of a lump sum.  The award is made at the conclusion of the trial. This is a once and for all, non-reviewable sum. … Read the rest

Some Categories of Damages The general principle of damages is that the plaintiff should be put in the same position in so far as money can do so, in which he would have been,  but for the wrong.… Read the rest

Collateral benefits. In assessing damages in a fatal injuries claim, account shall not be taken of any charitable gift whether, by way of money or property made to the claimant in consequence of the death of the deceased unless the defendant is donor and at the time of the making the gift, he informs the claimant in writing, that should the claimant recover damages, the defendant will apply to the court for the damages to be reduced for an amount equal to the gift.… Read the rest