The Law Reform Commission (LRC) has published a report on the capping damages in personal injuries actions.
The LRC has recommended that a new approach is adopted in relation to how awards of capping damages are assessed. Under this approach the compensation an individual may be entitled to would be set out on a scaled system and this would allow for proportionate compensation to be paid for personal injuries. It is important to point out that the courts would not award a definite amount if a person had minor, moderate, or catastrophic injuries but rather there would be “a range of bandwidth for the three different categories.” The above approach would allow for certainty in personal injury actions and this will also give clarity to litigants and insurance companies alike in relation to the amounts payable.
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