THE GOVERNMENT HAS announced plans for index-linked annual payments to be given to catastrophically injured persons rather than a single lump sum.
This is being done with the aim of ensuring the financial certainty of those who require long-term medical care. This can be down to either accidents or medical negligence.
This change, which is being proposed through the General Scheme of the Civil Liability Amendment Bill 2015, proposes a new section to the Civil Liability Act 1961.
Why make the changes?
Speaking about the new Bill today, Minister for Justice Frances Fitzgerald, said, “I have worked closely with other Ministers, particularly the Minister for Finance, to devise these proposals and extensive analysis and consultation has taken place in putting them together.”
I am confident that the new measures can support catastrophically injured persons without imposing undue liabilities on insurance companies or on other private defendants.
This legislation is being introduced in tandem with new legislation by Health Minister Leo Varadkar which is aimed at achieving more open disclosure in the health service.
Minister Fitzgerald also pointed out that many of those benefiting from these changes would be children.
The measures have been put forward to the Joint Oireachtas Committee on Justice, Defence and Equality for pre-legislative scrutiny.
What is going to change?
If the Bill is successfully passed it would give the courts the discretion to decide if the periodic payments should be given to catastrophically injured plaintiffs.
These payments would be linked to the Irish Harmonised Index of Consumer Prices and would be reviewed at 5-yearly intervals.
In putting together the Bill, a number of parties were consulted, including relevant government departments, the Office of the Attorney General, the State Claims Agency, representatives from the insurance sector and the Personal Injuries Assessment Board.
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