No matter under what circumstances you have sustained a cut finger, in order to make claims for finger cut compensation in Ireland, the accident in which you suffered the injury must be attributable to the carelessness of somebody who should have performed a reasonable duty of care. This does not mean that person had to be physically present at the time of your finger injury in order to claim compensation for a cut finger – just that their negligence was the reason why your finger injury occurred.
Often, it may not even be an individual against whom a cut finger claim for compensation is made. Compensation claims for a cut finger 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 finger 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 cutting a finger and recover compensation for your injury.
Establishing Negligence in a Claim for Cutting a Finger
In most scenarios, the procedure for making compensation claims for a cut finger 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 cut finger claim for compensation. The assessment of finger cut compensation is only carried out after consent from the “respondent” has been given.
At this point, there is no need for you to submit evidence of negligence in support of a claim for cutting a finger; however, in the event that the respondent declines their consent, you may then have to pursue compensation for a cut finger through the courts. Court action is not always necessary, as many claims for finger cut compensation in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for cutting a finger, it is in your best interests that negligence is established before an injury claim is started.
In order for somebody – or organisation – to be considered liable for your finger injury, it has to be proven that they owed you a “duty of care” and were in breach of that duty of care when your finger was injured. For example, the driver of a car has a duty of care to avert causing an accident, an employer has a duty of care to provide their employees with a safe environment in which to work and places of public access have a duty of care to prevent hazards which may culminate in an accident in which a finger injury is sustained.
However, this duty of care is not “absolute”. This means, for example, that if you cut your finger after slipping and falling in a shop on liquid which had only just been spilled by the shopper in front of you, and the shop staff were not provided with a “reasonable” period of time in which to identify and remove the hazard, you would not be able to claim compensation for a cut finger injury.
Supporting a Cut Finger Claim for Compensation
If you were able to collect evidence of negligence following the incident in which you cut your finger, it can be used to support a cut finger claim for compensation – provided that you did not place yourself at risk of further injury in order to obtain it. The evidence of negligence you could collect can contrast significantly depending on the nature of the incident in which you sustained a finger injury, and can include photographs taken from a mobile phone at the scene of an accident, the contact details of those who may have seen your accident or physical evidence – such as when faulty goods purchased from a shop have been responsible for cutting your finger.
If you were unable to collect evidence of negligence due to being incapacitated by your finger injury, or because you wisely made seeking medical treatment for your cut finger your priority, it may still possible after the event to obtain evidence in support of compensation claims for a cut finger from:-
- The Health and Safety Authority if your finger injury was sustained at work,
- CCTV video if your cut your finger in a trip in the street or a slip in a shop, or
- The Gardai if your finger was cut in a road traffic accident.
In the majority of scenarios in which you may sustain a finger injury it should be possible to recover some evidence of negligence in support of a claim for cutting a finger. If you are unable to collect evidence yourself because of your finger injury, ask a family member or friend (or a solicitor) to do it on your account as soon as possible – while the evidence you need to support your claim for finger cut compensation still exists and before the memories of witnesses begin to fade.
How Contributory Negligence can affect Finger cut compensation
If you have contributed in any way to the accident in which your finger was injured, or failed to seek medical attention for your cut finger at the first practical opportunity, how much compensation for a cut finger injury you receive could be reduced to reflect your “contributory negligence”. The principle of contributory negligence means that a percentage liability is attached to your cut finger claim for compensation and your finger cut compensation settlement is reduced by that percentage.
You will also find that consent is usually not given to the Injuries Board for them to proceed with an assessment of your claim for cutting a finger if it is believed that an element of contributory negligence exists. Without the consent to analyse compensation claims for a cut finger, the Injuries Board will issue you with an “Authorisation” to pursue your injury claim for cutting a finger through the courts, or it may be possible for your solicitor to negotiate a settlement directly with the negligent party and his or her insurers.
Litigating Finger Cut Compensation in Ireland
The possibility of court action may sometimes dissuade plaintiffs from making compensation claims for a cut finger; however insurance companies are often even less keen to litigate a cut finger claim for compensation in court. The costs of litigation in Ireland are very notable and, no regardless of how justified the insurance company feel they are in denying their policyholder´s responsibility for your finger injury, the financial risk they are undergoing (that a court will find in your favour) often encourages an out of court settlement of compensation for a cut finger without the admission of liability.
This is particularly the situation when litigation in court may be needed to resolve a dispute over how much your claim for cutting a finger is worth. Courts tend to look down upon financial disputes of this nature, and both parties will be encouraged to negotiate a finger cut compensation settlement before an appearance in court is required. In most compensation claims for a cut finger 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 finger cut compensation claim is a possibility.