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A NEW BILL is set to change the way courts award damages in cases of catastrophic injuries.
The Civil Liability (Amendment) Bill 2017 will allow courts to make the awards by way of periodic payments orders.
It addresses the concerns raised by the courts where the absence of a statutory alternative to lump sum payments has meant that the best option for a catastrophically injured person in the form of a periodic payments order was not available.
The Tánaiste and Minister for Justice and Equality, Frances Fitzgerald said:
This is important new legislation which will give much-needed financial security to persons who have been catastrophically injured and who require lifelong care and assistance.
“I am confident that the new measures can support catastrophically injured persons without imposing undue liabilities on insurance companies or other defendants.”
It’s hoped that the Bill will be enacted as early as possible in 2017.
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But will it cut the time it takes to get heard in the high court. Some of these cases take 10 years to get to court. Will it also cut legal costs ?
That is the greatest issue facing these cases Martin and sadly I doubt the will. In fact they may only exacerbate the legal fees issue as there will be an ongoing need to manage the fund or assets, which will incur costs from financial and legal institutions. You only have to look at how much of pension funds are taken up in administrative costs.
Can we have a bill for non-catastrophic injuries now please, so we can stop giving chancers €100000 for grazing their earlobe on a kitten, thereby depriving the insurance gangsters of an excuse to increase all our premiums.
@Ruairi O Neill: Maybe set awards for different injuries, that are not critical or life changing and can only be pursued through injury assessment board. It may have an impact, on false claims and have a register for claimants.
Catastrophic injuries like falling from a damaged wooden sleeper?
@Shane Walsh: no catastrophic, as in life limiting. Basically it serves the negligent party – If they can have payments spread out over years, their underlying hope is the claimant will pass away during the period and payments will cease.
Shane
Stupid comment
Shane’s comment is not stupid. It refers to a woman claiming against Wicklow Way cause allegedly she can’t hillwalk ever again. Judge awarded her 40k for a cut knee. Hill walking is a risky hobby!
@Sandra Anderson:
I know exactly what it is referring to and it is not a catostrophic injury and as such not relevant.
And what if the insurance company closes,as has happened,and government had to pay liabilities.again protecting big business.
Awards should pay for life long care. Care not cash.
Anyways who decided that money makes everything better?
If you honestly develop whiplash or a more serious injury surely the compensation should be to pay for the best care for you for as long as deemed necessary.
About time. It was absolutely silly that families got Lotto amounts when the recipients life expectancy was obviously lower than average. As mentioned a penalty should also be introduced for delays in court resolutions of cases.
Families?!?!?
Frances Fitzgerald says she’s “confident”? You just know this legislation is going to be a disaster for those with serious injuries……
It’s a fair cop, if you have an injury it should be sorted quick as possible & better on an agreed award table!
Crappy drafting in the article. A Bill will change nothing.
have your say