Seanad debates

Thursday, 20 November 2003

Personal Injuries Assessment Board Bill 2003: Second Stage.

 

Sections 19 to 38, inclusive, deal with the assessment procedure. An assessment will be made by assessors employed by the PIAB on the same basis as an award of the courts, calculated by reference to the principles which govern the measure of damages in the law of tort and any relevant statutory provisions. Assessments will be made by reference to information and documents provided by the claimant. There will be no oral hearings. Assessors will make reference to the book of quantum in assessing general damages. Payments will be made by a single, once-off lump sum, as is the current position in the courts. In cases arising from fatal accidents, the assessments will state the amount to be set aside for each of the dependants of the deceased, but such cases will be subject to the ruling of the court.

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