Seanad debates

Monday, 24 November 2003

Personal Injuries Assessment Board Bill 2003: Committee Stage.

 

The Tánaiste repeated her point about liability being accepted – we will come to the substantive point later – but there are many cases in which liability is not clear cut. For example, someone involved in a road accident may have contributed to the accident and may, therefore, expect the award to be reduced accordingly in court, or circumstances may arise in which a person is concerned about taking a case to court because the evidence is poor – for the sake of argument, there may be no witnesses. To put it in simple terms, there are circumstances in which one would accept a low award for a broken leg, simply because one may be concerned, either for liability reasons or due to a lack of evidence, about the prospect of going to court. If legal advice were available in such circumstances, it is likely a solicitor would advise a client to accept a low award on some occasions. The issue of liability needs to be completely cleared up, otherwise it will remain parked, whether in full or in part, and result in a greater requirement for legal advice than would arise if it were dealt with from the start.

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