No matter under what situation you may have sustained a dislocated shoulder, in order to initiate claims for dislocated shoulder compensation in Ireland, 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. This does not mean that person had to be physically present at the time of your shoulder injury in order to claim compensation for dislocating a shoulder – just that their negligence was the reason why your shoulder injury occurred.
Often, it may not even be an individual against whom a dislocated shoulder claim for compensation is initiated. Compensation claims for shoulder 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 shoulder was dislocated could have been prevented had greater care been taken by one of these “third parties”, you will be eligible to make a claim for dislocating a shoulder and recover compensation for your injury.
Establishing Negligence in a Claim for Dislocating a Shoulder
In most scenarios, the procedure for making compensation claims for shoulder 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 dislocated shoulder claim for compensation. The analysis of dislocated shoulder compensation is only performed when consent 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 dislocating a shoulder; however, in the event that the respondent declines their consent, you may then have to pursue compensation for dislocating a shoulder through the courts. Court action is not always necessary, as many claims for dislocated shoulder compensation in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for dislocating a shoulder, it is in your best interests that negligence is established before an injury claim is started.
In order for a person or a group to be considered liable for your shoulder injury, it has to be verified that they owed you a “duty of care” and were in breach of that duty of care when your shoulder was dislocated. For example, the driver of a car has a duty of care towards fellow road users, an employer has a duty of care towards their employees to provide a safe environment in which to work and places of public access have a duty of care to avert hazards which may lead to an accident in which a shoulder injury is sustained.
The duty of care you are owed is not necessarily “absolute”. This means, for example, that if you dislocate your shoulder after slipping and falling in a shop on liquid that had just been spilled by the shopper in front of you, and the shop staff had not had a “reasonable” period of time in which to identify and remove the hazard, you would not be justified in pursuing compensation for dislocating a shoulder injury.
Making Compensation Claims for Shoulder Injuries
The process for making compensation claims for shoulder 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 dislocating a shoulder injury online (except in the case of dislocated shoulder compensation claims for children). Your application for assessment should be accompanied by your doctor´s medical analysis of your dislocated shoulder injury (Assessment Form B) and receipts for any financial expenses you wish to claim.
Once the Injuries Board Ireland obtains consent from the negligent party to continue with an assessment, you have to undergo a further medical examination to ascertain the extent of your shoulder injury – after which the Injuries Board will issue a “Notice of Assessment” informing you and the negligent party of the value of your claim for dislocating a shoulder for. If both you and the negligent party agree with the Injuries Board´s assessment of your dislocated shoulder claim for compensation, an “Order to Pay” is issued and your claim will be finalised by the negligent party´s insurance company.
Always Speak with A Solicitor
No two compensation claims for shoulder injuries in Ireland are identical – no matter how similar the circumstances of the accident were – and it is always in your best interests to talk about your accident and shoulder injury with a solicitor at the first possible moment. A solicitor will be able to assist with potential issues such as establishing liability for your shoulder injury, gathering evidence of negligence on your behalf and ensuring that your application for the assessment of dislocated shoulder compensation to the Injuries Board fairly reflects the consequences that your injured shoulder have made to your livelihood.
A shoulder injury can often be a debilitating experience, and although no amount of compensation for dislocating a shoulder 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 dislocated shoulder claim for compensation which it is worth your while to pursue. Therefore, you are advised to determine your eligibility to make a compensation claim for dislocating a shoulder with a solicitor at the first practical opportunity.