Regardless of the nature of the accident in which you have sustained a fractured arm, in order to initiate claims for arm fracture injury compensation in Ireland, the accident in which you sustained the injury must be a consequence of the carelessness of somebody who owed you a reasonable duty of care. This does not mean that person had to be physically present at the time of your arm injury in order to claim compensation for a fractured arm – just that their negligence was the reason why your arm injury occurred.
Frequently, it may not even be an individual against whom a fractured arm claim for compensation is made. Compensation claims for arm fracture injuries can be made against corporate bodies, local councils and State agencies who have failed in their duty of care to protect you from foreseeable risks and, once it is established that the incident in which your arm was fractured could have been prevented had greater care been taken by one of these “third parties”, you will be eligible to make a claim for fracturing an arm and recover compensation for your injury.
Establishing Negligence in a Claim for fracturing an arm
In most scenarios, the procedure for making compensation claims for arm fracture injuries in Ireland is to submit an application for assessment to the Injuries Board; who will then contact the person(s) named on your application and request their consent to proceed with an assessment of your fractured arm claim for compensation. The analysis of arm fracture injury compensation is only performed when consent from the “respondent” has been received.
At this point, there is no need for you to provide evidence of negligence in support of a claim for fracturing an arm; however, in the event that the respondent declines their consent, you may then have to pursue compensation for a fractured arm through the courts. Court action is not always necessary, as many claims for arm fracture injury compensation in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for fracturing an arm, it is in your best interests that negligence is established before an injury claim is started.
In order for a party to be determined liable for your arm injury, it has to be proven that they must have performed a “duty of care” and were in breach of that duty of care when your arm was fractured – however, not every duty of care is “absolute”. This means, for example, that if you fractured your arm after slipping and falling in a shop on liquid that had recently been spilled by the shopper in front of you, and the employees of the shop had not had a “reasonable” period of time in which to track and remove the hazard, you would not be justified in seeking compensation for a fractured arm injury.
Making Compensation Claims for Arm Fracture Injuries
The process for making compensation claims for arm fracture injuries in Ireland is to submit an application for assessment to the Injuries Board. This can be done using a hard copy of the Assessment Form A or by making your application for the assessment of compensation for a fractured arm injury online (except in the case of arm fracture injury compensation claims for children). Your application for assessment should include your doctor´s medical assessment of your fractured arm injury (Assessment Form B) and receipts for any financial expenses you are claiming.
Once the Injuries Board Ireland receives consent from the negligent party to continue with an assessment, you may be need to undergo a further medical examination to determine the extent of your arm injury – after which the Injuries Board will provide a “Notice of Assessment” informing you and the negligent party of how much they have assessed your claim for fracturing an arm for. If both you and the negligent party consent to the Injuries Board´s assessment of your fractured arm claim for compensation, an “Order to Pay” is provided and your claim will be settled by the insurance company of the negligent party.
Third Party Capture and Compensation Claims for Arm Fracture Injuries
Insurance companies are often aware of potential compensation claims for arm fracture injuries for a period before their policyholder is contacted by the Injuries Board for consent to assess your claim. Entries submitted in Accident Report Books and direct contact from clients may prompt insurance companies to initiate an unsolicited approach to possible plaintiffs with an offer of arm fracture injury compensation while they are still recovering from their arm injury and at their most vulnerable.
While offers of compensation for a fractured arm may be welcome at a time when you may be worried about your short term finances, the offers rarely reflect your full eligibility to compensation for the arm injury you sustained and should be referred to a solicitor immediately. If you accept an insurance company´s offer of arm fracture injury compensation without professional advice, and it later proves to be insufficient to cover your medical costs or support your family, you cannot return to the insurance company and make another fractured arm claim for compensation.
Litigating Arm Fracture Injury Compensation in Ireland
The possibility of court action may sometimes dissuade plaintiffs from making compensation claims for arm fracture injuries; however insurance companies are often even less keen to litigate a fractured arm claim for compensation in court. The costs of a claim in Ireland can be substantial and, regardless of how justified the insurance company believe they are in denying their policyholder´s responsibility for your arm injury, the financial risk they are undertaking (that a court will find in your favour) often provokes an out of court settlement of compensation for a fractured arm without the admission of liability.
This is particularly true when litigation in court may be needed to resolve a dispute over how much your claim for fracturing an arm is worth. Courts tend to look down upon financial disagreements of this kind, and both parties will be encouraged to work out an arm fracture injury compensation settlement before a court appearance is necessary. In most compensation claims for arm fracture injuries in Ireland, your solicitor will approach the negligent party´s insurers at the same time as an assessment is submitted to the Injuries Board, and will be able to advise you at an early stage whether or not court action to resolve your claim for fracturing an arm is a possibility.
Compensation Claim for Fracturing an Arm: Summary
No two compensation claims for arm fracture injuries in Ireland are identical – regardless of how alike the circumstances of the accident were – and it is always in your highest interests to discuss your accident and arm injury with a solicitor at the first possible moment. A solicitor will be able to assist with possible issues such as establishing liability for your arm injury, collecting evidence of negligence on your account and ensuring that your application for the assessment of arm fracture injury compensation to the Injuries Board adequately reflects the consequences that your injured arm have made to your quality of life.
An arm injury can often be a debilitating experience, and although no amount of compensation for a fractured arm can ever make up for the negligence of the person who was to blame for your injury, it costs nothing to find out whether you have a fractured arm claim for compensation which it is worth your while to pursue. As a result, you are advised to discuss your entitlement to make a compensation claim for fracturing an arm with a solicitor at the first available opportunity.