A scale linking injuries to awards should be drawn up by the Court Service and the judiciary, according to the latest plan for reform of the personal injuries system.
This is one of the proposals from the Law Society, which yesterday launched the plan it has been working on for 18 months.
The society has put forward 50 recommendations on reform of the present system, which, it said, could be implemented without any cost to the Exchequer.
It would require a reform of the rules of court, and a culture change requiring both sides in litigation to seek settlements early in the process, according to Mr Ken Murphy, the society's director general.
"We have identified blockages and inefficiencies in the system," he said at a press conference launching the proposals. "There is a culture at the moment where defendants don't admit liability and plaintiffs don't make clear what their claim is."
Full early disclosure is the key to the early settlement of cases, according to Mr Roddy Bourke, chairman of the society's litigation committee.
"Insurance companies and their solicitors sometimes respond to a claim with a blank denial. There has been a failure to address this."
The proposed changes in rules are aimed at ensuring the exchange of information at the earliest possible time, so that each side can know the case being made against them.
This would involve detailed letters outlining the claim, with a detailed defence from the other side, usually the insurance company. Failures to meet deadlines should be penalised by the court, with the penalties, including the cost of court time, being imposed on those who failed to meet the deadlines.
The society also urged the Courts Service to draw up a detailed list of injuries and the awards made by the courts for them.
This would lead to a generalised schedule which could be used by solicitors for both sides. Plaintiffs would then know what their injuries were "worth", and insurance companies would know what they would be expected to pay. On this basis, many claims could be settled early.
In cases that went to a full hearing in court, the trials could be shortened by admitting the obvious, according to Mr Bourke. He said that often a defence began with blanket denials of everything. There should also be limitations on the use of expert witnesses, and these witnesses, especially medical witnesses, should be allowed give evidence via video link.
It suggested a reform of the structure of the courts, with a Personal Injuries division in both the Circuit and High Court.
It suggested that the jurisdiction of the Circuit Court be raised to €75,000, which would cover 90 per cent of personal injuries cases, and that all personal injuries cases be taken out of the District Court.
The Oireachtas has already agreed that the jurisdiction of the Circuit Court should be €100,000, but this proposal is awaiting a ministerial order for it to be implemented.
The Law Society's incoming president, Ms Geraldine Clarke, said a culture of "trial by ambush" had built up which inhibited early settlements. This needed to be broken down.
The society also proposed that people should be prosecuted for making fraudulent claims.