If you have been injured in an accident or as a result of medical negligence, one of the most important questions you will have is how the value of your claim is determined. In Ireland, compensation for personal injuries is assessed using a framework known as the Personal Injuries Guidelines, published by the Judicial Council. These Guidelines provide structured compensation ranges for different types and severities of injury, and they are used by both the Injuries Resolution Board and the courts. At Michael Boylan Litigation, we help clients understand how these Guidelines apply to their individual circumstances, and we work to ensure that every aspect of an injury is properly reflected in the valuation of a claim.
What Are the Personal Injuries Guidelines?
The Personal Injuries Guidelines are a set of compensation brackets published by the Judicial Council, a body made up of all serving judges in Ireland. They were adopted on 6 March 2021 and replaced the former Book of Quantum, which had been in use since 2004.
The Guidelines set out ranges of monetary values for different categories of injury, organised by body part and severity. Their purpose is to promote greater consistency in how compensation is assessed across different claims, courts, and decision-makers. They apply to all personal injury claims in Ireland, regardless of how the injury was caused, including road traffic accidents, workplace injuries, public liability claims, and medical negligence.
The full text of the Guidelines is available on the Judicial Council's website.
General Damages and Special Damages
Compensation in a personal injury claim is made up of two distinct components: general damages and special damages. Understanding the difference is important because the Personal Injuries Guidelines only cover one of these.
General Damages
General damages compensate you for the pain, suffering, and loss of quality of life caused by your injury. This is the part of the award that the Guidelines directly address. The amount depends on the type of injury, its severity, how long your recovery takes, and the long-term impact on your daily life.
General damages are, by their nature, harder to quantify because they relate to the human experience of pain and limitation rather than a specific financial loss.
Special Damages
Special damages compensate you for the actual financial losses you have incurred or will incur as a result of your injury. These are calculated separately from the Guidelines and are based on documented evidence. They may include:
Medical expenses: Hospital stays, GP visits, specialist consultations, physiotherapy, medication, and rehabilitation.
Loss of earnings: Wages lost because you were unable to work during your recovery, and any future loss of earning capacity.
Travel costs: Expenses for attending medical appointments or treatment.
Care costs: The cost of nursing care, home help, or assistance from family members.
Other out-of-pocket expenses: Any additional costs directly caused by the injury.
Your solicitor will ensure that all relevant special damages are documented and included in your claim alongside the general damages assessed under the Guidelines.
How Valuation Works in Practice
Identifying the Dominant Injury
The valuation process begins with identifying the dominant injury, which is the most serious injury you have sustained. The assessor (whether the Injuries Resolution Board or a judge) looks at the Guidelines to determine the appropriate compensation bracket for that injury, based on its type and severity.
For example, a person who suffers a fractured wrist that heals fully within six months will fall into a different bracket than a person whose wrist fracture leads to permanent stiffness and loss of function. The Guidelines provide separate ranges for each scenario.
Severity Categories
The Guidelines categorise injuries into broad severity levels, which generally include:
Substantially recovered: The injury has largely or fully resolved, with minimal or no lasting effects.
Minor to moderate: There is some ongoing discomfort or limitation, but it does not significantly affect daily life.
Moderate to moderately severe: The injury has a noticeable and lasting impact on daily activities, work, or quality of life.
Moderately severe to severe: There is significant long-term impairment, pain, or disability.
Severe to very severe: The injury has caused profound and permanent disability, dependency, or loss of function.
The factors that determine where a particular injury falls within these categories include the nature of the injury itself, the duration and quality of recovery, the impact on your ability to work and carry out daily tasks, and the long-term prognosis (the expected future course of the condition).
Valuing Multiple Injuries: The Uplift Approach
Many claims, particularly in medical negligence cases, involve more than one injury. The Guidelines do not simply add the values of each injury together. Instead, the standard approach is to:
Identify the dominant injury and determine its value within the relevant bracket.
Apply an uplift to that value to account for the additional pain, suffering, and limitation caused by the other injuries.
The uplift must ensure that the total award is fair, just, and proportionate when considered as a whole. This is a nuanced process, and the amount of the uplift will vary depending on the nature and severity of each additional injury, and how they interact with the dominant injury. Having experienced legal representation is particularly important in complex cases involving multiple injuries.
The Role of Medical Evidence in Valuation
The medical evidence in your claim is what determines where your injury sits within the Guidelines brackets. This evidence typically includes:
Treating doctor's reports: From your GP, hospital consultant, or specialist, detailing the injury, the treatment provided, and your progress.
Independent medical examination: An examination by a doctor appointed to provide an objective assessment of your injuries for the purposes of the claim.
Prognosis reports: An opinion on the expected long-term outcome of your injury, including whether you are likely to make a full recovery or whether there will be lasting effects.
Diagnostic imaging: X-rays, MRI scans, CT scans, and other investigations that confirm the nature and extent of the injury.
The quality and completeness of your medical evidence directly affects the valuation of your claim. Your solicitor will ensure that the right medical reports are obtained and that they fully reflect how the injury has affected you.
How the Guidelines Apply in the Injuries Resolution Board and the Courts
The Injuries Resolution Board (formerly known as PIAB) is required to have regard to the Guidelines when assessing claims. The Board will review your medical evidence, identify the relevant injury categories, and propose a compensation figure based on the applicable brackets.
If either party rejects the Board's assessment, the claim may proceed to court. In court, judges are also required to have regard to the Guidelines when determining awards of general damages. However, judges retain the discretion to depart from the Guidelines in individual cases, provided they give reasons for doing so. This means the Guidelines are a framework, not a rigid cap, and your solicitor can make arguments for an award at the higher end of the relevant bracket, or for a departure from the bracket, depending on the specific facts of your case.
The 2024/2025 Review and Proposed Amendments
The Judicial Council Act 2019 requires the Guidelines to be reviewed every three years. The Personal Injuries Guidelines Committee completed its first review in March 2024 and submitted proposed amendments to the Board of the Judicial Council.
In December 2024, the Board published draft amendments that proposed an uplift of approximately 16.7% across all injury categories, reflecting changes in the cost of living and other relevant factors since 2021. The draft amendments were submitted to the Minister for Justice in January 2025. As of now, the original 2021 Guidelines remain in effect until any amendments are formally approved and adopted. Your solicitor will advise you on which version of the Guidelines applies to your claim based on the current status.
Frequently Asked Questions
What replaced the Book of Quantum?
The Personal Injuries Guidelines, adopted by the Judicial Council on 6 March 2021, replaced the Book of Quantum. The Guidelines serve the same purpose of providing standardised compensation brackets for personal injuries, but with a more structured categorisation of injuries and severity levels.
Are the Personal Injuries Guidelines legally binding?
The Guidelines are not legally binding in the strict sense, but both the Injuries Resolution Board and the courts are required by law to have regard to them when assessing compensation. A judge may depart from the Guidelines in an individual case but must provide reasons for doing so. In practice, the Guidelines carry very significant weight in how claims are valued.
Can I reject an Injuries Resolution Board assessment?
Yes. If you believe the Board's assessment does not adequately reflect the severity of your injuries or your financial losses, you are not obliged to accept it. The Board will issue an Authorisation allowing your solicitor to pursue the claim through court proceedings, where a judge will make an independent determination.
How are medical negligence claims valued under the Guidelines?
Medical negligence claims are valued under the same Guidelines as all other personal injury claims. However, they often involve complex and multiple injuries, which require careful application of the dominant injury and uplift approach. Medical negligence cases also frequently involve significant special damages, including long-term care costs, loss of earnings, and future medical treatment.
Get in Touch
Understanding how your claim is valued can feel daunting, particularly when you are focused on your recovery. At Michael Boylan Litigation, we take the time to explain every aspect of the process clearly, so you can make informed decisions about your claim..
If you have been injured and would like to discuss your situation, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
