A recent High Court case in Cork delivered a landmark result for Mary Jane Somers, who secured an uplift of €57,800 on her Personal Injuries Resolution Board (PIRB) award. This result caught the attention of many because the judgement offered fresh clarity on how courts are handling the proposed increases in personal injuries awards awaiting full legislative approval. For anyone considering or pursuing a personal injury claim, understanding what this case means in practice is essential.
This article explores the details behind the Somers uplift, the evolving status of Ireland’s Personal Injuries Guidelines, and what it means for injury claimants seeking just compensation in 2025 and beyond.
Why Personal Injuries Awards Are Being Reviewed
Irish personal injury compensation has undergone seismic changes since 2021, when the Judicial Council introduced detailed Guidelines designed to create predictability and fairness across awards. But inflation and cost-of-living increases quickly outpaced the levels set in these Guidelines.
Recognising this, the Judicial Council drafted new proposals in early 2024 to raise compensation levels by nearly 17% across most injury categories. This uplift acknowledges that costs faced by injury survivors, from medical bills to lost income, are now much higher than just a few years ago. However, until these proposals are formally approved and enacted by the Oireachtas as a Statutory Instrument, claimants and solicitors have had to operate in a grey area.
High Court Guidance in the Somers Case
The Mary Jane Somers case, heard by Mr Justice O’Higgins, shone a spotlight on this “grey area”. Ms Somers, a member of An Garda Síochána, sustained significant injuries while on duty. The PIRB made an initial damages award based on the current (pre-uplift) guidelines. Ms Somers’ legal team argued before the High Court that the new 16.7% increase should be considered, given the Judicial Council’s own admission that the old Guidelines were out of date due to inflation.
The court, while acknowledging the logic of this argument, had to weigh it against due process and the statutory architecture of Irish law. Justice O’Higgins stressed that while the 2021 Guidelines remain just that–guidelines, not law–the proposed uplift cannot be directly applied to awards until the relevant minister enacts the supporting Statutory Instrument.
Still, the court demonstrated that it would not turn a blind eye to economic realities or the Judicial Council’s own recognition that current awards often fall short of adequately compensating injury victims. This striking balance between following the “letter of the law” and recognising fairness underpins the €57,800 uplift ultimately secured by Ms Somers over her initial PIRB assessment.
Understanding the Personal Injuries Guidelines Uplift
What is the proposed uplift?
- The Judicial Council recommends a 16.7% increase on most personal injury awards to keep pace with the Harmonised Index of Consumer Prices (HICP) and inflationary pressures in Ireland.
- Highest awards (for catastrophic injuries), such as quadriplegia, may rise from €550,000 to €642,000 if and when updates are enacted.
- More equitable awards for moderate and minor injuries, with increased transparency and clarity where multiple injuries or pre-existing conditions are involved.
When do these new levels apply?
- Only once enacted by Statutory Instrument by the Minister for Justice will the new, higher awards carry the force of law.
- For now, courts may take inflation and the proposed changes “into account” but cannot strictly apply the uplift as if it is already law.
Implications for Claimants–What the Somers Decision Really Tells Us
The High Court’s position in Cork will set the tone for upcoming personal injury cases, especially where awards are under active challenge or review:
- Transparency: The courts are signalling that while they must follow the current Guidelines, they will not ignore the reality that these have not kept pace with inflation.
- Fairness: Judges retain a margin to adjust (within reason) where existing compensation levels are inadequate, particularly with reference to economic changes since 2021.
- Legislative clarity pending: Until the Statutory Instrument is enacted, uplift requests must be argued on a case-by-case basis, and courts will be careful not to “jump the gun” by relying solely on proposed (but not yet binding) increases.
- Overlap and proportionality: The High Court confirmed its commitment to avoiding “double compensation” for overlapping injuries, in line with leading case law such as Meehan v Shawcove Ltd & Ors [2022] IECA.
How Are Personal Injury Awards Calculated?
Irish courts use two key types of damages:
- General damages cover pain, suffering and loss of amenity.
- Special damages include things like medical expenses, lost wages, and other out-of-pocket costs.
Personal Injury Guidelines provide the framework, but judges have the discretion to consider each case’s unique facts–especially where older guidelines are recognised as outdated for present economic conditions.
Key Takeaways for Those Seeking Personal Injury Compensation
- Your solicitor’s strategic approach is crucial. Owing to the current legal uncertainty, the skill of your solicitor in preparing, presenting, and negotiating the full value of your claim gives you the best chance at achieving a fair award.
- Evidence matters more than ever. Detailed medical reports, financial loss calculations, and proof of the effect of inflation on your recovery will all help properly evidence your claim.
- Timing may affect your compensation. If your case is ongoing or about to be determined, consult a solicitor about the potential impact of future legislative changes on your likely award.
- Transparency for claimants and the public. These recent hearings in the High Court confirm that courts will be as fair and clear as possible, even when working with incomplete legislative frameworks.
Recent Trends and Case Studies
The Somers case is only the latest in a series of important High Court decisions impacting how injury compensation is awarded in Ireland:
- Uplift in severe and catastrophic injury awards: Courts are prepared to adjust upwards, particularly when life-changing circumstances like total sensory loss or severe facial scarring are demonstrated.
- Ongoing debate among insurers and employers: While these groups warn of costs, the legal system is focused on fairness, consistency, and proper recognition of inflation.
What Should Claimants in Cork and Nationwide Do Next?
If you are pursuing a personal injury claim that is not yet resolved, or have recently suffered an accident or workplace injury, consult an experienced solicitor to stay updated on your options. Proactive, early advice is key–especially when the legal, economic, and insurance landscape is shifting.
HOMS Assist is here to help
Our team of expert personal injury solicitors has the knowledge, empathy, and track record to guide you through the process–from initial advice to High Court proceedings if needed. For more information visit our Personal Injury Services page or call to speak with a member of our team.
Next Steps for Personal Injury Claimants
Personal injury claimants in Ireland should:
- Stay informed: Keep an eye on legal news and court developments about the Guidelines uplift.
- Document everything: Accurate timelines, medical evidence, and proof of how inflation impacts your costs have never been more important.
- Consult a solicitor early: The shifting landscape can create confusion, but proactive legal advice maximises your chance of a fair outcome.
Considering a claim?
Reach out for a confidential conversation about your situation. HOMS Assist is available at offices in Cork, Limerick, and Dublin, or by phone and email. Our priority is always your recovery, your rights, and the fair compensation you deserve.
Empowering Claimants Through Changing Times
The court’s approach to the Somers case gives claimants reason to feel optimistic about changes to personal injury compensation–but it also highlights the importance of pursuing every case with rigour, clarity, and expert support. The landscape is moving, but those who stay informed and act decisively will be best placed to secure a just outcome.
If you have questions or are unsure about how these changes might affect your claim, don’t hesitate to speak to a specialist. The right legal advocate will ensure that, whatever the economic climate, your voice is heard and your case is valued.
