Have you been in an accident? If you have been injured you may be entitled to compensation for medical bills, lost earnings, and emotional damages you have incurred. When you are going to open a claim, you should think about obtaining the help of a professional solicitor. Then you will send in the application and it will go through the process of the Injuries Board. Typically you would use the Book of Quantum to find the approximate amount you should be awarded for your personal injury, but it has been brought to the attention of the courts that the Book is not effectively reflecting the outcome of these cases. To pursue more just personal injury cases, the guidelines will be altered in October.
Limits of the Book of Quantum
When you open a personal injury claim, it takes nine months from the date the case was opened. During this time the Book of Quantum is supposed to help you determine the category of your injury and how much compensation you should receive for it. The claim assessment begins by identifying the part of the body that suffered the most injuries. The severity of the injury is categorized in order to reflect the degree of disruption to the victim’s life, which includes pain and longevity of the injury. You should also consider the effect of multiple injuries, which the guidelines don’t always accurately portray.
The Personal Injuries Board
The Personal Injuries Board (PIAB) provides an independent assessment of injury claims and works with victims of workplace, motor, and public liability accidents. You should make sure to send in your application with PIAB within two years of the date of the accident. According to McGinley Solicitors, a firm that deals with compensation for personal injury claims, the PIAB aims to reflect the personal injury claim that is supported by medical evidence. It will cover a sum to compensate for pain, suffering, and emotional loss, including past and future loss of earnings and hospital bills.
Information in the Guidelines
The Book of Quantum compiles and analyzes samples from a large number of cases over a specific time, which can make it inaccurate. While it is based on real court figures, they are not always current. It outlines information on each type of personal injuries and how these cases were awarded in the past. Furthermore all claims to the Board should be supported by appropriate medical evidence, which includes all reports and records. The flaws of the guidelines have been especially pertinent lately. According to Justice Noonan, who noted in a recent court case that it doesn’t fully determine the amount of compensation you will receive, the Book of Quantum can lead to injustice because it doesn’t take into account the effect of specific injuries on specific people.
Solutions to the Guidelines
Justice Noonan said that if the victim in that specific case would have been categorized just below what she was awarded that she would have receive a lot less compensation than she deserved. The Book of Quantum needs to have harder categorical lines while being simultaneously more specific to individual cases. This is why in October the PIAB will unveil new guidelines that will either replace the Book entirely or change them significantly. Since the current guidelines don’t at all reflect the court’s decisions, the goal is to make them more accurate and transparent. Currently the Book of Quantum is mere guidelines that do not mean anything to the court. It is up to the judge to determine compensation, which Justice Noonan says is unfair to the plaintiff and the defendant.
With new guidelines, the PIAB hopes to make these cases fair and more easily predictable. A victim shouldn’t have false hope when it comes to the amount of compensation they will receive for their injuries, time, emotional damages, and troubles they have endured. Changing the Book of Quantum will make a big wave in personal injury courts, hopefully making them easier to determine and more accurate to the guidelines that the victims are supposed to follow. Changing the guidelines will make these cases more accurate and fair.