Under the Civil Liability (Amendment) Act 2017, the courts have the power to award damages in respect of future care, aids and appliances, assistive technology and other medical costs to claimants who have suffered catastrophic injuries, in the form of index-linked annual payments known as periodic payment orders or PPOs.
In deciding whether or not to make a PPO, the court will have regard to:
- The best interests of the Plaintiff
- The nature of the injuries
- The form of award that would best meet the needs of the Plaintiff, having regard to:
- The amount of any payments proposed
- Any previous interim award
- The form of award preferred by the Plaintiff
- The form of award preferred by the Defendant
- Any financial advice received by the Plaintiff
Therefore, the Plaintiff will need actuarial advice on whether a lump sum award or PPO is appropriate. As we have provided expert witness services in High Court cases since the 1960s, we can help ascertain whether opting for a PPO makes financial sense for you or your client.
The following aspects will need to be carefully considered in deciding whether or not to opt for a PPO:
- Uncertainty in predicting life expectancy
- Uncertainty as to the rate of future inflation in Carer salaries and in future medical costs
- Uncertainty in future investment returns – the actual investment return could be higher or lower than that assumed in the lump sum calculation
- Difficulties in predicting future care costs and the costs of aids and appliances and assistive technology
Given the complexity of these issues, please do not hesitate to contact us for further information on how we can help.
We provide actuarial advice on instruction from solicitors throughout Ireland in the following types of cases:
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