How Damages for Personal Injury Cases are Calculated in the Jurisdiction of Northern Ireland.
I had recently been asked to prepare an Expert Report on how damages for personal injury cases are calculated in the jurisdiction of Northern Ireland. The case involved a road traffic accident which occurred in the Republic of Ireland in 2016. The Defendant in the case was however domiciled in Northern Ireland and in the circumstances it was contended that the provisions of the European Communities (Fourth Motor Insurance Directive) Regulation 2003 SI 651/2002 and that any assessment of damages or remedy claimed by the Plaintiff should be based on the applicable law in Northern Ireland pursuant to Rome II.
Although the case was due to be heard in the Circuit Court in Dublin it was argued (and accepted) that compensation should be determined in accordance with the law in Northern Ireland.
General damages in Northern Ireland are typically calculated in accordance with the Green Book/Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland. The latest edition is the Fifth edition of the Green Book which was published in 2019 (enclosed herewith at tab 2).
On page 1 of the Green Book there is an introduction by The Right Honourable Lord Justice Stephens which sets out some very valuable guidance on the calculations of personal injury awards and I would adopt those comments for the purposes of this report. In particular I would bring to the Court’s attention the following comments:
”that they are guidelines not to be applied mechanistically but rather with close attention to the characteristics and circumstances of the particular individual involved”
“Guidelines are to be applied with caution and discretion always maintaining focus on a particular injury or combination of injuries so that the Judge arrives at fair compensation for the particular impact on the individual”
“the appropriate level of damages remains the responsibility of the Judge who is not constrained by any range identified in these Guidelines which are persuasive but not obligatory it being a matter for the Judge as to whether to adopt any suggested range.”
In the current case I was asked review the Plaintiff had suffered injuries in three areas – neck, back and knee. The injuries have lasted for varying timeframes and the length of injury would be a factor required to be taken into account in the calculation of any personal injury award. In cases where more than one injury is present generally a figure for each injury is added up on a cumulative basis and the practice is to take a step back and assess whether the gross figure is appropriate in all the circumstances.
The relevant provisions are set out below:
RELEVANT PROVISIONS OF THE GREEN BOOK
(g) Minor neck injuries
This bracket includes minor soft tissue injuries. Whilst the duration of symptoms will always be important, the level of award will also be influenced by factors such as:
• the severity of the neck injury;
• the intensity of pain experienced and the consistency of symptoms;
• the presence of additional symptoms in the back and/or shoulder and/or referred headaches;
• the impact of the symptoms on the injured person’s ability to function in everyday life and engage in social/recreational activities;
• the impact of the injuries on the injured person’s ability to work;
• the extent of any treatment required;
• the need to take medication to control symptoms of pain and discomfort.
Where a full recovery takes place within a period of
about one to two years. This bracket will also apply to short-term
acceleration and/or exacerbation injuries, usually between one
and two years.
Up to £12,500
Where a full recovery takes place within a period of several months
and a year. This bracket will also apply to very short-term acceleration
and/or exacerbation injuries, usually less than one year.
Up to £5,000
(iii)Where a full recovery is made within a period of a few days, a few weeks
or a few months.
Up to £3,000
(L.) Knee Injuries
(a) This bracket is appropriate to the serious knee injury where there has been disruption of the joints, gross ligamentous damage, lengthy treatment, considerable pain and loss of function and an arthrodesis has taken place or is inevitable.
£60,000 – £120,000
(b) This applies where a leg fracture extends into the knee-joint causing pain which is constant, permanent, limits movement or impairs agility and renders the injured person prone to osteoarthritis and the risk of arthrodesis.
£50,000 – £100,000
(c) The injuries justifying awards falling within this bracket are less serious than those in the higher bracket and / or result in less severe disability. There may be continuing symptoms by way of pain or discomfort and limitation of movement or instability and deformity with the risk of degenerative changes occurring in the long term, consequent upon ligamentous or meniscal injury, damage to the kneecap or muscular wasting.
£34,000 – £60,000
(d) This bracket is appropriate to cases involving a torn cartilage or meniscus, dislocation, ligamentous damage and the like or injuries which accelerate symptoms from a preexisting condition but which injuries additionally result in minor instability, wasting, weakness or other mild future disability.
£25,000 – £40,000
(e) Awards in this bracket will be made in respect of injuries less serious than but similar to bracket (d) or in respect of lacerations, twisting or bruising injuries. Injuries resulting in continuous aching or discomfort or occasional pain will attract awards towards the upper end of the bracket.
Up to £21,000
(d) or in respect of lacerations, twisting or bruising injuries. Injuries resulting in continuous aching or discomfort or occasional pain will attract awards towards the upper end of the bracket.
£50,000 – £100,000
(f) Minor Back Injuries
This bracket includes injuries such as sprains, strains and soft tissue injuries which are less serious. As with minor neck injuries, whilst the duration of symptoms will always be important, the level of award will also be influenced by factors such as:
• the severity of the original injury;
• the degree of pain experienced and the consistency of symptoms;
• the presence of any additional symptoms
in other parts of the anatomy;
• the impact of the symptoms on the injured person’s ability to function in everyday life and engage in social/recreational activities;
• the impact of the injuries on the injured person’s ability to work;
• the extent of any treatment required;
• the need to take medication to control symptoms of pain and discomfort.
Where a full recovery or a recovery to nuisance level takes place without surgery
within about two to five years. This bracket will also apply to shorter term
acceleration and/or exacerbation injuries, usually between two and five
years.
£12,000 – £30,000
Where a full recovery takes place without surgery within a period of several
months and two years. This bracket will also apply to very short-term
acceleration and/or exacerbation injuries, usually less than two years.
Up to £18,000
There is no statutory scheme or other binding case law which regulates the assessment of damages within the jurisdiction of Northern Ireland. Within the Republic of Ireland that a Booklet of Quantum has recently been issued for the benefit of practitioners within the Republic of Ireland which operates in a similar way to the Green Book/Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland. The level of damages for individual cases can vary quite substantially between both jurisdictions. It is very important to identify where the provisions of the Rome II Regulation may effect either the jurisdiction where proceeding should be issued or how damages ought to be assessed. This has become an even more complex area of law following Brexit.