Using the Book of Quantum for mulitple injuries

page1

When using the BoQ to get a rough estimate of compensation for injuries is there any guide on how to deal with multiple injuries.
The only info I can find is that you are to take the most significant injury and additional injuries will be a minor adjustment.

What if there are 3/4 very significant injuries, for eg it gives a range of €49,200- €79,800 for a serious and ongoing femur fracture. What if both legs were very badly fractured requiring multiple surgeries, and say internal injuries also?

I understand its very difficult to get any type accurate answer without seeing full medical reports etc so I am just looking for a guide on how the courts generally deal with multiple injuries.
Any recent cases you can point to would be great also.

Many thanks.

Kosseegan

page1 wrote: »

When using the BoQ to get a rough estimate of compensation for injuries is there any guide on how to deal with multiple injuries.
The only info I can find is that you are to take the most significant injury and additional injuries will be a minor adjustment.

What if there are 3/4 very significant injuries, for eg it gives a range of €49,200- €79,800 for a serious and ongoing femur fracture. What if both legs were very badly fractured requiring multiple surgeries, and say internal injuries also?

I understand its very difficult to get any type accurate answer without seeing full medical reports etc so I am just looking for a guide on how the courts generally deal with multiple injuries.
Any recent cases you can point to would be great also.

Many thanks.

You have to use the formula.

a lawyer

ask piab how you do it. while you're at it ask them how they do it.

Procrastastudy

Its only a slight adjustment for additional injuries. To give you an idea I think the maximum (in a case total paralysis and brain damage) is around €400,000.

Of course thats just general damages - damages for your medical bills for each injury would be fully covered.

Short answers is two broken legs does not = twice the award.

See: Yun v MIBI & Tao [2009] IEHC 318

http://www.bailii.org/ie/cases/IEHC/2009/H318.html

The judgment refers to a plethora of previous cases for you to have a read through. PM me if you can't access any of them.

kennM

I'd have the same question and in reality it doesn't seem to be a small adjustment within the range. From all of the settlement information that I've seen. I'm in the same boat, multiple injuries..... no idea what to expect to be honest. I've seen a case (read about) where a woman got 130,000 settlement for a broken arm which made a good recovery.

There are case studies within the piab annual reports which would also lead me to believe this.

I think that rule probably holds true if there is one major injury and some minor ones but not if there are a number of bad injuries.

Procrastastudy

You have to be careful the BoQ gives you compensatory damages not full damages including medical bills, legal fees etc.

When you see in the paper X got Y thats the full figure of everything not the BoQ figures tallied up.

If memory serves, the case I linked should answer you on how you add up injuries.

kennM

GCDLawstudent wrote: »

You have to be careful the BoQ gives you compensatory damages not full damages including medical bills, legal fees etc.

When you see in the paper X got Y thats the full figure of everything not the BoQ figures tallied up.

If memory serves, the case I linked should answer you on how you add up injuries.

I suppose the answer is.... we shall see. Hopefully get a settlement figure from PIAB in the next couple of months. I know what range it should fall within if the "rule" of most significant injury + sliding scale would roughly be. From the settlement figures I've seen I don't believe this holds true 100% of the time.

Procrastastudy

I have to admit I don't know how the PIAB arrive at a settlement but bear in mind it's exactly that - it won't be as 'strict' as a court setting. I put strict in inverted commas as we've been told that it varies depending on what way the wind is blowing and what the Judge had for breakfast that morning. I might be paraphrasing a bit.

Victor

I think it will depend on how the injuries interact.

Most people can deal with a broken arm.

Most people can deal with a broken leg.

Most people can't deal with a broken arm and leg. It means they will be in a wheelchair as with the broken arm, they can't use crutches. This puts them in a very dependent position for perhaps 2 months. The sum is greater than the parts.

The reverse may happen with with other injuries - a broken arm and a miscellaneous cuts and bruises. The sum is not greater than the parts.