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Kearns report spells out personal injury reforms
Whiplash payouts should be standardised, says report

07 Dec 2017 / personal injury Print

Kearns report spells out personal injury reforms

The Personal Injuries Commission has delivered its first report on the objective standardisation of both assessment and pay-outs for soft tissue injuries.

Enterprise and Innovation Minister Heather Humphreys welcomed the publication saying its implementation will help to bring more consistency to medical reporting and the diagnosis of personal injuries.

“I would like to pay tribute to the chair Justice Nicholas Kearns and to the members of the Personal Injuries Commission, for their ongoing commitment to this important work,” she said.

The body was established in January 2017 as one of the key recommendations of the Cost of Insurance Working Group.

Justice Nicholas Kearns commented “The key findings of the report suggest that adopting a standardised and internationally recognised approach to the diagnosis, treatment and reporting of soft tissue injuries, by practitioners who are appropriately trained in the completion of personal injury medical reports, will improve the personal injuries environment in Ireland by promoting an objective standard for assessing such injuries.”

The Commission recommends that the internationally recognised Quebec Task Force (QTF) Whiplash Associated Disorder (WAD) grading scale be used by all medical professionals reporting on relevant injuries.

Training and accreditation in soft tissue reporting is a best practice requirement for those wishing to complete relevant reports.

Minister of State for Financial Services and Insurance and chair of the Cost of Insurance Working Group Michael D’Arcy said that the report will contribute to a better functioning personal injury litigation system. It will also   deliver reduced premiums for businesses and consumers, he believes.

The report concluded that:

  • Awards for personal injury claims represent a significant component of an insurance company’s pricing model;
  • Soft tissue claims represent a significant component of personal injury claims;
  • Severity in soft tissue claims can be difficult to diagnose;
  • Approaches that link diagnosis, treatment, prognosis and awards of damages should be examined.

The Commission recommends the linking of future publications of the Book of Quantum to the newly standardised examination and reporting injury categories. The Book of Quantum, which is published by the Personal Injuries Assessment Board, provides information on prevailing personal injury award levels.

Finally, the Commission is recommending that relevant injury data should be collated and published by appropriate bodies.

The Commission is chaired by Mr Justice Nicholas Kearns and comprises representatives from stakeholders including the Bar Council, the Law Society, Insurance Ireland, the Irish Hospital Consultants Association as well as the Department of Business, Enterprise and Innovation and the Department of Justice and Equality, the Personal Injuries Assessment Board, the State Claims Agency and the Competition and Consumer Protection Commission.

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