24/11/2016 0 Comments
Book of Quantum
The Book of Quantum is an authoritative guide that provides Solicitors and Claimants with an idea of the level of compensation that can be expected in relation to the injury sustained. It should be noted that this only provides a rough estimate that should not be considered exact as your solicitor will have a better understanding as to what your case is worth. When a case is submitted with the Injuries Board, the Book of Quantum helps assess the value of your case, but in a practical terms, it is dependent on the individual circumstances of your case. Notably, a great deal of cases may settle outside of the Injuries Board or the solicitor may feel that the amount awarded is simply not enough in which case an authorisation letter will be issued and the case will exit the Injuries Board process.
The Book of Quantum obliges the judiciary under section 22 of the Civil Liability and Courts Act 2004 to have regard to the guidelines laid out within the Book of Quantum. However, as highlighted previously, under section 22(2), the judiciary are afforded the right to take other matters into consideration when assessing damages. Therefore, there is room for manoeuvre when it comes to assessing how much compensation you are awarded, particularly if the case goes to court.
The Book of Quantum has been met with some criticism, with many professionals advocating their dissent towards it. This is because they have omitted a number of injuries that are somewhat likely to occur and extremely serious in nature such as the loss of an eye. Another anomaly within the Book of Quantum is the fact that it does not touch upon psychological damages or scarring. Understandably, this is a more subjective matter that is hard to generate a sufficient figure that would be deemed satisfactory. However, under injuries such as the aforementioned ones, the Injuries Board will attempt to make an assessment on these types of injuries, although, more often than not, these will be rejected by the Claimant as the Court’s would be able to make a more accurate assessment.