Injury awards guidelines criticised by psychiatrist

A prominent psychiatrist has criticised the absence of any provision for psychiatric injury in the Personal Injuries Assessment…

A prominent psychiatrist has criticised the absence of any provision for psychiatric injury in the Personal Injuries Assessment Board's Book of Quantum.

Prof Patricia Casey said that such psychiatric damage is frequently associated with physical injury. "Fifteen to 20 per cent of all accidents have some psychological consequences," she said. These could have a long-term impact on people's ability to function.

The Book of Quantum, which has been published on the PIAB website, details the ball-park awards for various kinds of physical injury. Examples are €300,000 for a spinal cord injury resulting in quadriplegia, and up to €19,800 for an injury to the ankle that substantially recovers.

Prof Casey cited phobias and post-traumatic stress disorder as examples of the kind of damage people involved in accidents can suffer. She said she had frequently prepared reports in such cases, which were usually settled.

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The awards for psychological damage were based on the degree of a person's impairment, which could include their relationships with their children or partners, or their ability to work.

Mr Stephen Watkins of the PIAB acknowledged that there was no provision for psychological injury in the Book of Quantum, but said that this was the first edition, and it would be updated in the future. He added that sensory damage was not included in it either. "In time, over the years, additional categories will be added," he said.

Mr Watkins said that under the Act, the PIAB did not deal with cases which were wholly or mainly psychological. However the board's assessors were highly experienced and skilled people, and would deal with cases involving both physical and psychiatric injury, he said.

"The assessors will have dealt with them a lot over the years," he said.

"They will be aware of court awards and precedents over the years. They will consider each case on its own merits. The Book of Quantum is intended to bring a certain consistency."

He stressed that the amounts in the Book of Quantum should be read in conjunction with the introduction.