Personal Injuries Guidelines Ireland

The Personal Injuries Guidelines, introduced in Ireland in 2021, set out bands for general damages based on the type and severity of an injury. Under the personal injuries guidelines, the medical report does more than confirm that someone was hurt. It is the main evidence of which band an injury falls into. This article explains how the Guidelines work from the medical side, and what I set out in a report so that the band can be applied fairly.

I write reports for solicitors acting for claimants and for defendants. The aim in both cases is the same: a clear, independent account of the injury that the assessor or the court can rely on.

What are the Personal Injuries Guidelines?

The Guidelines group injuries by the part of the body affected and then by severity. Each group has bands, with values ranging from minor injuries, such as a brief whiplash that resolves quickly, to major and severe injuries, such as a catastrophic spinal injury.

The Personal Injuries Resolution Board (PIRB), formerly the Personal Injuries Assessment Board (PIAB), applies the Guidelines when it assesses a claim, and the courts apply them when a case proceeds to litigation. In both settings the starting question is the same: what is the injury, how severe was it, and how long has it lasted or will it last?

Those are medical questions. The answers come from the medical evidence, which is why the quality of the report matters so much.

How the medical report decides the band

Under the Personal Injuries Guidelines Ireland now uses, the band an injury falls into depends on three things the medical report has to document clearly:

Type of injury: the diagnosis, stated precisely, not a general description such as “back pain”.
Severity: how much the injury affected the person, supported by examination findings and the treatment they needed.
Duration: when symptoms began, how they have changed, and when they resolved or are expected to resolve.

Duration is often where a report succeeds or fails, because the account of how long symptoms last directly informs which band applies. A report that says symptoms are “ongoing” without dates, or that gives no view on prognosis, leaves the assessor to guess. A report that is vague about duration or severity makes the Guidelines harder to apply and may produce a lower assessment than the injury deserves.

The reverse is also true. A report that overstates an injury will not hold up under scrutiny, and an expert who overstates loses credibility. My duty is to the court, not to whichever side instructs me.

What a report should cover under the personal injuries guidelines

Every personal injury report I produce follows the same structure, because each part feeds into the assessment:

A detailed history of the incident and the mechanism of injury.
An account of symptoms from the incident to the date of assessment.
Past medical history, with attention to any pre-existing conditions.
A detailed clinical examination.
A review of all available medical records, imaging and reports.
A diagnosis of the injuries sustained.
An opinion on causation, linking the incident and the injuries.
Treatment received to date and whether it was appropriate.
Current condition and functional limitations.
Prognosis, including expected recovery, residual disability and future treatment needs.
Comment on capacity for work and daily activities.

Pre-existing conditions deserve particular care. Where someone already had, for example, intermittent neck symptoms before a road traffic accident, the report needs to separate what the accident caused from what was already there. That distinction can move an injury from one band to another, and getting it wrong in either direction weakens the report.

Common injuries and what the evidence needs to show

The injuries I see most often in personal injury claims include whiplash and soft tissue injury, fractures, head injuries and post-concussion symptoms, and the psychological effects of physical injury. Each raises its own points for the Guidelines.

Whiplash and soft tissue injury

Whiplash and other soft tissue injury claims are often decided by duration. The report needs a clear timeline: the onset of symptoms, the treatment received, such as physiotherapy, and the point at which symptoms settled or are expected to settle. Records from the GP and physiotherapist made at the time are especially useful here.

Fractures

For fractures, the report should record the bone involved, how the fracture was treated, how well it healed and whether any stiffness, weakness or risk of later problems remains.

Head injuries

After a head injury, the report should cover the initial findings, any loss of consciousness, the symptoms that followed and how long they lasted. Where symptoms persist, the prognosis is central to the band.

Timing: when to get the medical report

Timing affects how well a report can address the Guidelines. If the assessment happens too early, the prognosis may be uncertain and a later report may be needed. If it is left too long, the claim may come close to the statutory time limit, which is typically two years from the date of the incident, with some exceptions. Your solicitor will advise on the right timing for your case.

PIRB may also arrange its own medical assessment if the medical evidence is incomplete or the medical issues are disputed. Once PIRB issues an assessment, both parties have 28 days to accept or reject it. A complete report from the start reduces the chance of a dispute over the medical facts.

For more on each stage of a claim, see my guide to the personal injury claim process in Ireland.

Preparing for a personal injury assessment

The assessment itself usually takes between 30 and 60 minutes, depending on the injuries and the records to be reviewed. The more complete the records sent in advance, the more useful the report. Useful records include:

Hospital records
GP records
Imaging, such as X-rays and scans
Physiotherapy notes
Any previous medico-legal reports

If you are attending an independent medical examination, it helps to note down how your symptoms have changed since the incident and how they affect work, sleep and daily activities. My guide to what to expect at an independent medical examination explains the appointment in more detail.

An assessment for a claim is not a substitute for medical care. If your symptoms are getting worse or you develop new symptoms, see your GP. After a head injury, symptoms such as worsening headache, repeated vomiting, confusion or drowsiness need urgent medical attention.

How I prepare personal injury reports

I spent three decades as Head of Emergency Medicine at St Vincent’s University Hospital, assessing and treating injuries of every kind. That experience shapes how I examine, how I read the records, and how I explain my findings in plain language.

All my reports are prepared to be court-compliant, and I am available to attend court where required. Standard turnaround is 10 to 14 days from the date of assessment, provided all records are available. The fee for a medical causation report is €450 plus VAT, confirmed at the time of booking. All assessments take place at Suite 8, Blackrock Clinic, Dublin.

Solicitors can find details of what to include in a letter of instruction in how to instruct an expert, or see the full personal injury reports service.

FAQs

Do the Personal Injuries Guidelines apply to every claim?

The Guidelines apply to the assessment of general damages in personal injury claims, both at PIRB and in the courts. Your solicitor can advise on how they apply to your case.

Can a medical report change which band applies?

The report does not choose the band, but it provides the evidence on type, severity and duration that the assessor or court uses to decide. A clear report makes the correct band easier to identify.

Do you write reports for defendants as well as claimants?

Yes. I provide reports for both claimants and defendants, and independence is maintained regardless of who instructs.

How long does a report take?

Standard turnaround is 10 to 14 days from the date of assessment, assuming all records are provided. Urgent reports can be accommodated where required. Contact the practice to arrange an appointment.

The Personal Injuries Guidelines and your medical report: a complete guide