How and why is the law changing for amounts of compensation awarded in a brain injury settlement?
Eoin P. Campbell
Eoin P. Campbell, LL.B., Solicitor, Editor in Chief

Question:

How and why is the law changing for amounts of compensation awarded in a brain injury settlement?

Answer:

Proposed changes in the law relating to compensation awarded in a brain injury settlement have not yet been finalised, but are expected to be introduced later this year. Some judges have already introduced “interim” payments in cases involving severe injury, to ensure that victims who will require life-long care are supported for the full remainder of their lives and do not have to rely on State aid when funds from the brain injury settlement are exhausted.

The proposed change to the way in which compensation is awarded does not only apply to a brain injury settlement. Many other cases of personal injury which have “catastrophic” consequences will also be subject to the new payment structure. This will be designed in such a way to give victims who have suffered a severe personal injury, annual tax-free, index-linked payments for the rest of their lives.

The reason for the proposed changes is that a judge can only estimate at the time of approving a brain injury settlement if the compensation awarded in a one-off lump sum payment is going to be adequate for the rest of the person´s life. In the case of a brain injury settlement, there is no knowing if the victim is going to live until they are a hundred years of age or survive for only a few years after their injury. With the proposed staged payment structure, somebody who receives a brain injury settlement can be assured that they will receive care for the remainder of their lives.

If you would like the latest information about the proposed changes to the law in respect of compensation for a brain injury settlement, you should speak with a solicitor.

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