Regardless of the conditions in which you have sustained a fractured finger, in order to make claims for finger fracture compensation claims 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 person may not have been physically present at the time of your finger injury in order to claim compensation for a fractured finger – just that their negligence was the primary reason your finger injury occurred.
Often, it may not even be one person against whom a fractured finger claim for compensation is initiated. Compensation claims for finger fracture 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 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 a finger and recover compensation for your injury.
Getting Treatment for a Finger Injury
One of the most essential elements of a fractured finger claim for compensation is the action you pursued after the incident in which your finger was fractured. In many cases, common sense would have prevailed and you would have pursued an immediate medical examination of your finger injury at a hospital or clinic, or at your family GP´s surgery. While swift medical attention is crucial for the good of your health, it can also influence the success of compensation claims for finger fracture.
If you neglected to seek immediate professional attention for your fractured finger, it could be suggested when your claim for fracturing a finger is made that you worsened your injury by your own carelessness. If this is the case, it may not disqualify you from claiming finger fracture compensation claims, but you may find that how much compensation for a fractured finger injury you receive is reduced to account for your own lack of care.
Supporting a Fractured Finger Claim for Compensation
If you could collect evidence of negligence following the incident in which you injured your finger, it can be used to strengthen a fractured finger claim for compensation – as long as you did not place yourself at risk of further injury in order to pursue it. The evidence of negligence you should pursue can contrast significantly depending on the nature of the incident in which you sustained a finger injury, and can include photographs taken on a mobile phone when your accident occurred, the contact details of people who can verify the details of your accident or physical evidence – such as when faulty goods purchased from a shop have been responsible for fracturing your finger.
If you could not collect evidence of negligence due to being incapacitated by your finger injury, or because you correctly chose to seek medical attention for your fractured finger as your priority, it could still be possible after the event to gather evidence in support of compensation claims for finger fracture from:-
- The Health and Safety Authority if your finger injury occurred at work,
- CCTV video if your injured your finger from a trip in the street or a slip in a shop, or
- The Gardai if your finger was fractured 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 fracturing a finger. If you are unable to collect evidence yourself because of your finger injury, consult a family member or friend (or a solicitor) to do it on your behalf at the earliest opportunity – while the evidence you need to support your claim for finger fracture compensation claims still exists and before the memories of witnesses begin to fade.
How Contributory Negligence can affect Finger Fracture Compensation Claims
If you have contributed in any way to the accident in which your finger was fractured, or neglected to seek medical attention for your fractured finger at the first practical opportunity, the amount of compensation for a fractured 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 fractured finger claim for compensation and your finger fracture compensation claims 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 fracturing a finger if it is believed that an element of contributory negligence exists. Without the authorisation to assess compensation claims for finger fracture, the Injuries Board will provide you with an “Authorisation” to pursue your injury claim for fracturing a finger through the courts, or your solicitor may be able to discuss a settlement directly with the negligent party and his or her insurers.
Third Party Capture and Compensation Claims for Finger Fracture
Insurance companies are often aware of potential compensation claims for finger fracture long before their policyholder is consulted by the Injuries Board for consent to analyse your claim. Entries made in Accident Report Books and direct contact with clients can prompt insurance companies to make an unsolicited approach to potential plaintiffs with an offer of finger fracture compensation claims while they are still recovering from their finger injury and at their most vulnerable.
Inasmuch as offers of compensation for a fractured finger may be appreciated at a time when you may be concerned about your short term finances, such offers rarely reflect your full entitlement of compensation for the finger injury you sustained and should be referred to a solicitor at once. If you agree to an insurance company´s offer of finger fracture compensation claims without professional advice, and it later proves to be inadequate to cover your medical expenses or support your family, you cannot return to the insurance company and make another fractured finger claim for compensation.
Making a Fractured Finger Claim for Compensation for a Child
If your child has fractured a finger in an accident for which they were not totally at fault, they are not allowed to make a fractured finger claim for compensation in their own right or enlist the services of a solicitor until they reach the age of eighteen. As all evidence of negligence may have vanished by that time, it is usual procedure for a parent or guardian to make compensation claims for finger fracture on their child´s behalf acting as their “next friend”.
The process for making finger fracture compensation claims for children varies considerably from when an adult fractures a finger. A child´s injury claim for fracturing a finger have to submitted to the Injuries Board via post (online application for assessment will be rejected), the next friend has to take on all financial liabilities should the fractured finger injury claim be unsuccessful and, when a settlement of compensation for a fractured finger is agreed, the settlement must be approved by a judge in court.
Compensation Claim for Fracturing a Finger: Summary
No two compensation claims for finger fracture in Ireland are identical – no matter how similar the circumstances of the accident were – and it is constantly in your best interests to discuss your accident and finger injury with a solicitor at the first available moment. A solicitor will be able to assist with potential issues such as establishing liability for your finger injury, collecting evidence of negligence on your behalf and ensuring that your application for the assessment of finger fracture compensation claims to the Injuries Board accurately reflects the consequences that your injured finger have made to your quality of life.
A finger injury can often be a debilitating experience, and although no amount of compensation for a fractured finger can ever make up for the carelessness of the person who was to blame for your injury, it costs nothing to determine whether you have a fractured finger claim for compensation which it is worth pursuing. Therefore, you are advised to determine your eligibility to make a compensation claim for fracturing a finger with a solicitor at the first practical opportunity.