Injuries Board shunned – because the High Court pays out more

24 February 2011

In 2004, the year that the InjuriesBoard.ie (previously the Personal Injuries Assessment Board) was first set up, the High Court received 746 filings for personal injury cases.

Last year, there were 7,099 new cases filed to the same court – 9.5 times as many. 6,999 cases were lodged in the Circuit Court.

All injury claims – except where medical negligence is involved – are required to be submitted to InjuriesBoard.ie first, but the matter can be referred to the courts if either party rejects its findings.

And more and more people are now choosing to refer their cases to the courts – because they habitually hand down far higher awards.

The board’s Book of Quantum outlines the general window of how much the Board awards for individual claims, with the highest payouts going to victims of spinal cord injuries, who are awarded a maximum of €300,000.

Last year, however, the High Court awarded €1.8m in damages to a Chinese student, including a €325,000 payment for general damage to her spinal cord, for injuries in a car crash – exceeding the limit set down by the Board.

David Nolan, a senior counsel specialising in injury claims, says that “people realise that the value of their case is better being determined by a court rather than a civil service quagmire like InjuriesBoard.ie.”

A Board spokesperson said that the Board had reduced the number of claims going through the courts from 33,000 to 14,000.

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...