Introduction to the Book of Quantum 2012
The Book of Quantum2012 is, simply put, a reference publication that the Injuries Board use when evaluating personal injury compensation claims. It acts as a general guide to place a “value” on a specific injury, its severity and how long it make take to heal — if at all – and it subdivides the various types of injuries that can be sustained in an accident, such as head injury, leg injury, and internal injury.
The Injuries Board have been using this publication since 2004 – as required by law – to help with assigning a financial value in cases relating to injuries sustained in vehicular and workplace accidents and accidents which happen in public places. It does not handle cases involving medical negligence.
Examples of When This Publication May be Used
The Book of Quantum 2012 would be referred to in cases such as the following examples:
After a car crash where you have sustained a whiplash injury as a result of a distracted driver rear-ended your car.
You broke your wrist in an accident at work because your employer neglected to maintain health and safety standards.
When dining in a café you tripped on a wet patch that had not been cleaned up in due time and fractured your cheek.
Problems with the Book of Quantum 2012
Although many elements should be included when assessing a claim for compensation, the Book of Quantum 2012 only deals with allocating compensation for the pain and suffering experienced from injuries sustained in accidents. While it contains a list of injuries along with related values, it should be noted that a number of the value ranges shown are rather wide and must be altered to account for the plaintiff’s age, sex and general health conditions prior to the accident in which their injury was sustained.
The main difficulty with using this method is that even within the categories listed, the severity of any given injury can vary considerably and the same injury – a broken leg, for example – can have different effects on different people. Additionally, some people may suffer multiple injuries. It is true to say that this publication is not wholly comprehensive in its coverage of possible injuries.
Since a potential plaintiff may also be able to claim for compensation for other elements such as; medical expenses, psychological trauma, loss of amenity, loss of earnings, out of pocket expenses or vehicular damage, it is difficult to evaluate the correct value of all parts of their claim by using the Book of Quantum as the only reference point.
The Book of Quantum and the Injuries Board
The Injuries Board Ireland has been successful in its goal to reduce the length of time it takes to resolve a personal injury compensation claim case in Ireland and the Book of Quantum 2012 has had a part to play in this success. In order to make a claim on behalf of a plaintiff, a solicitor should complete and submit the documentation listed below:
A finalised application form
A medical assessment form that has been completed by the doctor who has examined (or who is currently treating) the plaintiff
An application fee of €45.00 must accompany applications to the Injuries Board by post. Online applications fees are €40.00.
Book of Quantum: Conclusion
Because the Book of Quantum is used by the Injuries Board in all of the types of personal injury compensation claims that they handle, you would be well advised to seek the assistance of an experienced solicitor if you feel that you may have a viable claim.
As explained above, this publication can be vague and imprecise when considering your injury’s severity and the correct settlement. A solicitor would be able to assess your claim and determine what should be the true amount of compensation you are entitled too.