No matter under what circumstances you have suffered an injured big toe, in order to make claims for big toe injury compensation claims in Ireland, it must be verified that the accident in which you suffered the injury must be the result of the carelessness of somebody who owed you a reasonable duty of care. The negligent person may not have been physically present at the time of your big toe injury in order to claim compensation for an injured big toe – just that their negligence was the reason why your big toe injury occurred.
Often, it may not even be a solitary person against whom an injured big toe claim for compensation is made. Compensation claims for big toe 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 big toe was injured could have been prevented had greater care been taken by one of these “third parties”, you will be eligible to make a claim for breaking a big toe and recover compensation for your injury.
Establishing Negligence in a Claim for Breaking a Big toe
In most scenarios, the procedure for making compensation claims for big toe 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 injured big toe claim for compensation. The assessment of big toe injury compensation claims is only carried out when validation from the “respondent” has been received.
At this point, there is no need for you to submit evidence of negligence in support of a claim for breaking a big toe; however, in the event that the respondent declines their consent, you may then have to pursue compensation for an injured big toe through the courts. Court action is not always necessary, as many claims for big toe injury compensation claims in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for breaking a big toe, it is in your best interests that negligence is established before an injury claim is started.
In order to determine liability for your big toe injury, it has to be proven that a person – or people – owed you a “duty of care” and failed to perform that duty of care when your big toe was injured, although not every duty of care is “absolute”. This means, for example, that if you break your big toe after slipping and falling in a shop on liquid that was spilled by the shopper in front of you, and the employees of the shop had not had a “reasonable” length of time in which to identify and remove the hazard, you would not be justified in seeking compensation for an injured big toe injury.
Supporting an Injured Big Toe Claim for Compensation
If you were capable of collecting evidence of negligence following the incident in which you injured your big toe, this can help support an injured big toe claim for compensation – provided that you did not risk further injury by doing so. What evidence of negligence you should collect can depend on the nature of the incident in which you sustained a big toe injury, and can include photographs taken with a mobile phone at the scene of the injury, the contact details of people who witnessed an accident or physical evidence – such as when faulty goods acquired from a shop have been responsible for breaking your big toe.
If you were unable to gather evidence of negligence because of being incapacitated by your big toe injury, or because you chose to make seeking medical attention for your injured big toe your priority, it may still possible after the event to acquire evidence in support of compensation claims for big toe injuries from:-
- The Health and Safety Authority if your big toe injury was sustained at work,
- CCTV video if your injured your big toe in a trip in the street or a slip in a shop, or
- The Gardai if your big toe was injured in a road traffic accident.
In most scenarios in which you may sustain a big toe injury it should be possible to acquire some evidence of negligence in support of a claim for breaking a big toe. If could not collect evidence yourself because of your big toe injury, ask a family member or friend (or a solicitor) to do it for you as soon as possible – while the evidence you need to verify your claim for big toe injury compensation claims still exists and before the memories of witnesses begin to falter.
Making Compensation Claims for Big Toe Injuries
The process for making compensation claims for big toe 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 an injured big toe injury online (except in the case of big toe injury compensation claims for children). Your application for assessment your doctor´s medical assessment of your injured big toe injury (Assessment Form B) should be included as should receipts for any financial expenses you are claiming.
Once the Injuries Board Ireland receives consent from the negligent party to proceed with an assessment, you may need to undergo a further medical examination to determine the extent of your big toe 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 breaking a big toe for. If both you and the negligent party validate the Injuries Board´s assessment of your injured big toe claim for compensation, an “Order to Pay” is made and your claim will be settled by the negligent party´s insurers.
Compensation Claim for Breaking a Big Toe: Summary
No two compensation claims for big toe injuries in Ireland are exactly alike – irrespective of how similar the circumstances of the accident were – and it is constantly in your best interests to discuss your accident and big toe injury with a solicitor at the earliest possible moment. A solicitor will be able to help with potential issues such as establishing liability for your big toe injury, gathering evidence of negligence on your behalf and ensuring that your application for the assessment of big toe injury compensation claims to the Injuries Board accurately reflects the impact that your injured big toe have made to your quality of life.
A big toe injury can often be a debilitating experience, and although no amount of compensation for an injured big toe 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 an injured big toe claim for compensation which it is worth your while to pursue. Therefore, you are recommended to discuss your eligibility to make a compensation claim for breaking a big toe with a solicitor at the earliest practical opportunity.