At the end of 2024 the Judicial Council published draft amendments to the Personal Injuries Guidelines. If adopted the new Draft Guidelines will reshape the landscape of compensation in Ireland. The most notable proposal is a substantial increase in the maximum award for general damages in catastrophic injury cases, from €550,000 to €642,000.
The Judicial Council’s Personal Injuries Guidelines, introduced in 2021, brought a structured approach to quantifying damages in personal injury claims. Their implementation significantly reduced awards in many categories and aimed to increase consistency across the courts. The Personal Injuries Guidelines Committee is required to review the Guidelines every 3 years. The purpose of the review is to ensure the Guidelines reflect current economic condition and recent case law developments. However, concerns were raised that the Guidelines did not adequately reflect the long-term consequences and real-life impact of the most severe injuries, particularly those involving permanent disability, profound pain, or lifelong care needs.
The New Draft Guidelines aim to address these concerns by increasing the upper limit for general damages in cases involving the most devastating injuries — typically including traumatic brain injury, spinal cord injury, amputation, or conditions requiring 24-hour care.
Raising the cap from €550,000 to €642,000 represents more than a simple inflationary adjustment. It acknowledges the deep and lasting impact such injuries have on individuals and their families, not only in terms of physical and psychological suffering but also in terms of independence, dignity, and quality of life.
If adopted, the new figure could influence:
- Litigation strategy and settlement negotiations in catastrophic injury cases;
- Medical negligence claims, particularly those involving birth injuries or delayed diagnosis;
- The approach taken by defendants when evaluating liability and quantum.
As the draft guidelines undergo consultation and review, stakeholders in the personal injuries and insurance sectors will be watching closely. While it remains to be seen whether the full proposed increase will be adopted, the direction of travel is clear: there is growing recognition that the most serious injuries deserve more meaningful compensation. We will monitor developments in this area and provide an update if the new Guidelines are adopted.
For more information please contact Grace Murphy or your usual contact in Beauchamps.
