Due to the fact that you are so unprotected on a bike, there is a good chance that you will be injured in a crash*, and oftentimes these injuries are serious. See below the injuriesboard.ie table of approximate sums awarded for injuries. Bear in mind that these are general figures, every case will be different and the Injuries Board will consider the facts of each case separately. Your compensation may differ from what is written here.
The Injuries Board can award general damages and special damages. General damages cover the compensation for your injuries. Special damages cover expenses that you have been caused by your accident, for example loss of earnings, medical expenses and vehicle damage. In some cases there will be a loss of future earnings also.
Injuriesboard.ie and solicitors
Approximately 90% of people choose to use a solicitor when dealing with the Injuries Board. We feel that you will need a solicitor to assemble your claim and present it in its best light. There are some cases where you should have a Solicitor:
- The courts still deal with cases involving minors and people of unsound mind (those with learning disabilities or mental illnesses);
- Where your injuries include psychological damage, the Injuries Board will not deal with your case. Often you can experience not just physical injury after a crash but fear, depression, anxiety and other psychological symptoms.
- Where you have had a crash but you don’t know who the other driver is or in cases where the other driver is uninsured, you will need to deal with the Motor Insurers Bureau Ireland (MIBI) and this can be quite complicated;
- Multiple injuries are another complicated area. The Injuries Board will make an overall assessment but it is very helpful to have the view of an experienced solicitor or barrister who can advise you on whether the compensation offered is appropriate;
- The Injuries Board will not decide who was at fault in the crash or who will pay the compensation. You need to go to court with your solicitor if these issues are not agreed;
- If you are not happy with the sum that the Injuries Board determines, then you can take the issue to court with your solicitor;
- If you are unhappy with your medical treatment after the accident, the Injuries Board will not deal with this.
Time scale
• Within two months of your accident, you should inform the person you believe to be responsible (for example the other driver) that you intend to make a claim.
• You must start the process within two years of the accident (there are some exceptions to this).
• Most of the time the Injuries Board will give you its assessment within 9 months after the other party agrees to the process.
Injuriesboard.ie Statistics
• In 2010, 74% of all awards were in relation to motor cases.
• In 2010, 0.8% of awards in the motor category (all vehicles) were over €100,000. 7% were between €38,000 and €100,000, 23% between €20,000 and €38,000 and 68% under €20,000.
• In Dublin the average motor award in 2010 was €20,037. In the rest of Leinster it was €22,322. In Connaught-Ulster it was €22,830 and in Munster it was €19,928.
• In 2010 the highest number of motor awards was given in Dublin, Cork, Limerick and Galway.
Common injuries from motorbike accidents
Whiplash
Here, there is no outward sign of injury. As a result, it is important that you keep a diary of your pain and the effect it has on your life. Whiplash is caused by your head flipping forwards and backwards at speed, stretching the muscles at the front and back of the neck. While your muscles are designed to handle stretch, the speed of the accident will cause overstretch. Your muscles may be torn or bruised. Where there is bruising, you may feel fine just after the accident but worse after a few days. For this reason it is always important not to accept a quick settlement but to take time to assess the impact of the injuries. Most whiplash heals by itself in about a month. However, for a minority, whiplash is more serious and complex and can last for years.
Fractures
This is where the bone is broken fully or partially. Often in motorbike cases the bone may be broken in several places.
Soft tissue injuries
This usually includes injuries to muscles, ligaments and tendons. These types of injuries are common in motorcycle accidents where there is very little to protect the biker who falls on the road at high speed. A sprain is where ligaments are overstretched or torn, a strain is where a muscle or tendon is overstretched or torn and a rupture is a complete tear of a muscle or tendon where it is overstretched. There may also be deep bruising where there is a large amount of blood in a muscle.
Crush Injuries
A crush injury happens where there is a lot of force or pressure on your body or where you have been squeezed between heavy objects. It is a serious injury and may include fracture, vein and nerve damage. Treatment can include vein and nerve repair and skin grafts. Amputation may become necessary in some cases. These types of injuries could have lasting effects on your life and the way you earn money so it is important that you receive proper compensation.
Serious injuries
Serious injuries are those that cause a major disruption to your life and may cause you continuing pain. You might require permanent medical attention. These often involve brain injuries, paralysis of a limb or serious back injuries. They can have secondary effects such as psychological damage or loss of sexual or urinary function. These injuries are catastrophic for clients and require a complete reassessment of how they live their life. Long term plans need to be put in place to ensure that on-going needs such as rehabilitation and home care are looked after. Lots of factors need to be considered when making a claim, not just the pain suffered. A victim’s house might need to be altered for their new needs or they may need continual medical attention. In addition, the compensation sum will need to be managed carefully to ensure it lasts for somebody who can never return to work. At Motorbikelaw.ie we can source advice so that you can structure your compensation to avoid tax and earn the most possible for your needs.
The legal consequences of a brain injury can be serious if a person is no longer capable of looking after their affairs. They may be made a ward of court and others may be appointed to look after their finances. This can be stressful for the family of a victim and Evelyn, our probate solicitor who has special training in mental capacity, is excellent at dealing with these difficult cases and reducing as much of the stress as she can. Evelyn would advise all bikers to sign an “enduring power of attorney” in case they are ever put in this situation. This document allows somebody else (for example a family member) to deal with their legal affairs for them when they cannot do so themselves which makes this situation much simpler.
Injury Guide to compensation levels
This guide to compensation payments is available from http://injuriesboard.ie/eng/Estimator/
Head Skull/Brain injuries
• €23,300 (minor skull fracture) to €129,000 (severe skull fracture).
Nasal injuries
• €14,900 to €19,600 – Fracture substantially recovered.
Cheek injuries
• €16,500 to €25,400 – Fracture substantially recovered.
Jaw injuries
• Up to €35,100 – Minor soft tissue injury to jaw, substantially recovered.
• €33,900 to €65,800 – Severe soft tissue injury to jaw, serious and permanent condition.
• €16,500 to €73,800 – Dislocation.
• €16,500 to €27,900 – Minor jaw fracture, substantially recovered.
• €25,000 to €58,000 – Moderate jaw fracture, significant ongoing condition.
• €49,200 to €78,000 – Severe jaw fracture (serious and permanent condition).
Dental injuries
• €3,600 to €5,700 – Loss of milk tooth.
• €6,000 to €11,100 – Broken tooth.
• €5,300 to €12,800 – Loss of tooth.
Shoulder/Upper Arm injuries
• €111,000 to €145,000 – Loss of one arm (above elbow).
• €141,000 to €197,000 – Loss of both arms.
• Up to €22,600 – Minor soft tissue injury, good recovery.
• €14,800 to €51,500 – Moderate soft tissue injury, significant ongoing condition.
• €41,000 to €71,600 – Severe soft tissue injury (serious & permanent condition).
• €14,600 to €25,600 – Minor dislocation, good recovery.
• €20,200 to €54,600 – Moderate dislocation, significant ongoing condition.
• €46,400 to €74,500 – Severe dislocation, serious and permanent condition.
• €15,400 to €29,300 – Minor fracture, good recovery.
• €21,000 to €72,400 – Moderate fracture, significant ongoing condition.
• €46,900 to €82,900 – Severe fracture (serious and permanent condition).
Elbow Injuries
• Up to €20,600 – Minor soft tissue injury to elbow, good recovery.
• €15,500 to €52,100 – Moderate soft tissue injury to elbow, significant ongoing condition.
• €44,900 to €72,300 – Severe soft tissue injury to elbow (serious and permanent condition).
• €17,100 to €29,500 – Minor elbow fracture, good recovery.
• €23,800 to €65,500 – Moderate elbow fracture, significant ongoing condition.
• €53,400 to €82,800 – Severe elbow fracture (serious and permanent condition).
Wrist Injuries
• Up to €26,200 – Minor soft tissue injury to wrist, good recovery.
• €15,500 to €70,100 – Moderate soft tissue injury to wrist, significant ongoing condition.
• €26,000 to €88,600 – Severe soft tissue injury to wrist (serious & permanent condition).
• €15,600 to €25,200 – Minor wrist fracture, good recovery.
• €22,400 to €61,800 – Moderate wrist fracture, significant ongoing condition.
• €55,400 to €79,500 – Severe wrist fracture (serious and permanent condition).
Hand Injuries
• €108,000 to €142,000 – loss of one hand (below elbow amputation).
• €136,000 to €192,000 – loss of both hands (below elbow amputation).
• Up to €26,200 – Minor soft tissue injury to hand, good recovery.
• €15,500 to €70,100 – Moderate soft tissue injury to hand, significant ongoing condition.
• €26,000 to €88,600 – Severe soft tissue injury to hand (serious and permanent condition).
• €13,200 to €22,000 – Minor hand fracture, good recovery.
• €20,200 to €67,500 – Moderate hand fracture, significant ongoing condition.
• €60,500 to €86,600 – Severe hand fracture (serious and permanent condition).
Thumb & Finger Injuries
• €33,900 to €80,800 – Loss of thumb.
• €28,800 to €69,300 – Loss of ring, index or middle finger(s).
• €28,800 to €50,400 – Loss of little finger(s).
• Up to €18,200 – Minor soft tissue injury to thumb, good recovery.
• €14,500 to €40,800 – significant ongoing injury to thumb.
• €36,500 to €63,400 – Severe soft tissue injury to thumb (serious and permanent condition).
• Up to €16,800 – Minor soft tissue injury to finger, good recovery.
• €10,300 to €29,800 – significant ongoing injury soft tissue to finger.
• €17,900 to €47,800 – Severe soft tissue injury to finger (serious and permanent condition).
• €14,000 to €20,700 – Minor thumb fracture, good recovery.
• €18,600 to €44,800 – Moderate fracture to thumb, significant ongoing condition.
• €40,500 to €66,800 – Severe thumb fracture (serious or permanent condition).
• €13,100 to €19,100 – Minor finger fracture, good recovery.
• €14,800 to €33,100 – Moderate finger fracture, significant ongoing condition.
• €23,200 to €50,800 – Severe finger fracture (serious and permanent condition).
Neck injuries
• Up to €14,400 – Minor whiplash neck injury, good recovery within 12 months.
• €11,500 to €17,400 – Moderate whiplash neck injury, substantially recovered within 24 months.
• €15,900 to €64,500 – Significant ongoing whiplash injury.
• €59,400 to €78,400 – Severe neck whiplash injury (serious and permanent condition).
Back injuries
• Up to €16,300 – Minor back whiplash injury, good recovery within 12 months.
• €11,700 to €19,600 – Moderate back injury, good recovery within 24 months.
• €18,300 to €69,700 – Significant ongoing condition.
• €62,800 to €85,900 – Severe back injury (serious and permanent condition).
Upper Leg
Loss of leg(s)
• €130,000 to €180,000 – loss of both legs.
• €121,000 to €171,000 – loss of both legs below the knee.
• €104,000 to €136,000 – loss of one leg above the knee.
• €94,600 to €127,000 – loss of one leg below the knee.
Upper leg injuries
• €19,600 to €35,000 – minor fracture to femur, good recovery.
• €26,700 to €60,000 – moderate fracture to femur, significant ongoing condition.
• €49,200 to €79,800 – severe femur fracture (serious and permanent condition).
Knee injuries
• Up to €28,400 – Minor soft tissue injury to knee, good recovery.
• €15,600 to €58,300 – Moderate soft tissue injury to knee.
• €42,200 to €78,300 – Severe soft tissue injury to knee (serious and permanent condition).
• €16,200 to €36,000 – Minor knee fracture, good recovery.
• €22,400 to €64,200 – Moderate knee fracture, significant ongoing condition.
• €48,200 to €83,800 – Severe knee fracture (serious or permanent condition).
Lower Leg Lower leg injuries
• €15,400 to €34,600 – Minor lower leg fracture, good recovery.
• €21,300 to €73,900 – Moderate lower leg fracture, significant ongoing condition.
• €47,500 to €87,300 – Severe lower leg fracture (serious or permanent condition).
Hip injuries
• Up to €23,300 – Minor soft tissue injury to hip, good recovery.
• €16,100 to €47,100 – Moderate soft tissue injury to hip, significant ongoing condition.
• €39,400 to €69,400 – Severe soft tissue injury to hip (serious or permanent condition).
• €19,400 to €36,500 – Minor hip dislocation, good recovery.
• €26,300 to €62,700 – Moderate hip dislocation, significant ongoing condition.
• €49,600 to €84,200 – Severe hip dislocation injury (serious and permanent condition).
• €19,600 to €35,300 – Minor hip fracture, good recovery.
• €26,700 to €77,200 – Moderate hip fracture, significant ongoing condition.
• €49,600 to €87,200 – Severe hip fracture (serious and permanent condition).
Ankle injuries
• Up to €19,800 – Minor soft tissue injury to ankle, good recovery.
• €10,000 to €49,400 – Moderate soft tissue injury to ankle, significant ongoing condition.
• €37,200 to €70,400 – Severe soft tissue injury to ankle (serious and permanent condition).
• €16,700 to €35,300 – Minor ankle fracture, good recovery.
• €23,300 to €64,200 – Moderate ankle fracture, significant ongoing condition.
• €49,700 to €84,200 – Severe ankle fracture (serious and permanent condition).
Foot injuries
• Up to €19,800 – Minor soft tissue injury to foot, good recovery.
• €10,000 to €49,400 – Moderate soft tissue injury to foot, significant ongoing condition.
• €37,200 to €70,400 – Severe soft tissue injury to foot (serious and permanent condition).
• €14,900 to €48,900 – Minor foot fracture, good recovery.
• €20,800 to €59,200 – Moderate foot fracture, significant ongoing condition.
• €47,100 to €80,500 – Severe foot fracture (serious and permanent condition).
Toe injuries
• €11,800 to €16,700 – Minor fracture to big toe, good recovery.
• €13,200 to €24,700 – Moderate fracture to big toe, significant ongoing condition.
• €20,800 to €32,300 – Severe injury to big toe (serious and permanent condition).
• €11,300 to €16,100 – Minor fracture to toe, good recovery.
• €11,900 to €19,000 – Moderate injury to toe, significant ongoing condition.
• €14,900 to €21,600 – Severe injury to toe (serious and permanent condition).
For any kind of motorbike query don’t hesitate to call us on 045 431542 for a no cost opinion of your case. You can also email us at info@motorbikelaw.ie or use our “Free Evaluation of your Case” link at the top of this page and we’ll get back to you.
* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.