Regardless of the manner in which you have sustained a herniated disc, in order to make claims for herniated disc compensation claims in Ireland, the accident in which you sustained 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 disc injury in order to claim compensation for a herniated disc – just that their negligence was the cause of your disc injury.
Often, it may not even be one person against whom a herniated disc claim for compensation is made. Compensation claims for herniated disc 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 disc 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 a herniated disc and recover compensation for your injury.
Supporting a Claim for Compensation
If you were able to collect evidence of negligence following your accident in which you injured your disc, it can be used to back up a herniated disc claim for compensation – provided that you did not place yourself at further risk of injury in order to obtain it. What evidence of negligence you should collect can contrast greatly depending on the nature of the incident in which you sustained a disc injury, and can include photographs taken with a mobile phone at the scene of an accident, the contact details of people who saw your accident occurring or physical evidence – such as when faulty goods bought in a shop have been responsible for injuring your disc.
If you could not collect evidence of negligence due to being incapacitated by your disc injury, or because you correctly chose to seek medical attention for your herniated disc your priority, it may still possible after the event to find evidence in support of compensation claims for herniated disc from:-
- The Health and Safety Authority if your disc injury occurred at work,
- CCTV video if your injured your disc in a trip in the street or a slip in a shop, or
- The Gardai if your disc was injured in a road traffic accident.
In the majority of scenarios in which you may suffer a disc injury you should be able to recover some evidence of negligence in support of a claim for a herniated disc. If you cannot collect evidence yourself because of your disc injury, consult a family member or friend (or a solicitor) to do it on your behalf as soon as possible – while the evidence you need to support your claim for herniated disc compensation claims is still available and before the memories of witnesses begin to fade.
Making Compensation Claims for Herniated Disc
The process for making compensation claims for herniated disc 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 herniated disc injury online (except in the case of herniated disc compensation claims for children). Your application for assessment should also include your doctor´s medical assessment of your herniated disc injury (Assessment Form B) and receipts for any financial expenses you wish to recover.
Once the Injuries Board Ireland receives consent from the negligent party to continue with an assessment, you may need to undergo a further medical examination to determine the extent of your disc injury – after which the Injuries Board will issue a “Notice of Assessment” informing you and the negligent party of how much they have assessed your claim for a herniated disc for. If both you and the negligent party confirm the Injuries Board´s assessment of your herniated disc claim for compensation, an “Order to Pay” is made and your claim will be settled by the negligent party´s insurance company.
How Contributory Negligence can affect Herniated Disc Compensation Claims
If you are liable in any way for the accident in which your disc was injured, or failed to seek medical attention for your herniated disc at the first available opportunity, the amount of compensation for a herniated disc injury you receive could be reduced because of your “contributory negligence”. The principle of contributory negligence means that a percentage liability is attached to your herniated disc claim for compensation and your herniated disc compensation claims settlement is reduced by that percentage.
You will also find that consent may not be forthcoming to the Injuries Board for them to proceed with an assessment of your claim for a herniated disc if it is believed that contributory negligence is an issue. Without the consent to study compensation claims for herniated disc, the Injuries Board will issue you with an “Authorisation” to pursue your injury claim for a herniated disc through the courts, or your solicitor may be able to settle the claim directly with the negligent party and his or her insurers.
Time Limits for Making Claims
Most compensation claims for herniated disc in Ireland are subject to the Statute of Limitations in consideration of how long plaintiffs have in which to make a claim for compensation for a herniated disc. You are usually provided with two years from the date on which you are aware that you have sustained a disc injury in which to make a herniated disc claim for compensation. Although the “date of knowledge” of a disc injury is often the same date as when your disc was injured, there are situations in which you may become aware of the herniated disc later than the date on which the injury was sustained.
There are certain exceptions to the Statute of Limitations which can determine how long you have in which to make a claim for a herniated disc in Ireland. These include, but are not limited to:-
- Herniated disc compensation claims for children and those with mental incapacity
- Conflicts with the Consumer Protection Act should your disc injury be caused by a faulty product
- Conflicts with the Athens and Montreal Conventions when you have injured a disc while travelling by air or by sea
Seek Legal Advice as Soon as Possible
No two compensation claims for herniated disc in Ireland are the same – no matter how similar the circumstances of the accident were – and you are always advised to discuss your accident and disc injury with a solicitor at the earliest possible opportunity. A solicitor will be able to assist with potential issues such as determining liability for your disc injury, gathering evidence of negligence on your behalf and ensuring that your application for the assessment of herniated disc compensation claims to the Injuries Board adequately reflects the consequences that your injured disc have made to your quality of life.
A disc injury can often be a difficult experience, and although no amount of compensation for a herniated disc can ever truly make up for the negligence of the person who was to blame for your injury, it costs nothing to establish whether you have a herniated disc claim for compensation which it is worth your while to make a claim for. Therefore, you are advised to discuss your eligibility to make a compensation claim for a herniated disc with a solicitor at the first available opportunity.