Minister to introduce regulations aimed at ensuring payments meet lifetime care needs
Minister for Justice Helen McEntee says she is preparing the necessary regulations to give effect to the expert groups' recommendations. Photograph: Colin Keegan, Collins Dublin, who published two expert group reports on Monday, said she was preparing the necessary regulations to give effect to their recommendations, including for settling catastrophic injury cases via periodic payment orders .
While PPOs are considered the most appropriate form of compensation, claimants in catastrophic injury cases have been pursuing lump sum payments following a ruling by the High Court in 2019 that the indexation rate set out in legislation would result in under-compensation for claimants as it did not take account of wage inflation.
In relation to the discount rate, a court, when making a lump sum award in a personal injury case, uses that rate to determine the size of the award necessary to compensate a person for future losses. She also accepted recommendations that plaintiffs in catastrophic injury cases should continue to be considered as having a risk averse profile and for an expert group to meet at a maximum of every three years to reassess the discount rate.
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