Regardless of the circumstances in which you have sustained an injured radial nerve, in order to initiate claims for radial nerve injury compensation in Ireland, the accident in which you sustained the injury must be as a 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 when you sustained your radial nerve injury in order to claim compensation for a radial nerve injury – just that their carelessness was the reason why your radial nerve injury occurred.
Frequently, it may not even be an individual against whom a radial nerve injury claim for compensation is initiated. Compensation claims for radial nerve injury 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 radial nerve 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 injuring a radial nerve and recover compensation for your injury.
Establishing Negligence in a Claim for Injuring a Radial Nerve
In most scenarios, the procedure for making compensation claims for radial nerve injury 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 radial nerve injury claim for compensation. The assessment of radial nerve injury compensation is only performed when the “respondent” has given consent.
At this point, there is no need for you to submit evidence of negligence in support of a claim for injuring a radial nerve; however, in the event that the respondent declines their consent, you may then have to pursue compensation for a radial nerve injury through the courts. Court action is not always necessary, as many claims for radial nerve injury compensation in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for injuring a radial nerve, it is in your best interests that negligence is established before an injury claim is started.
In order for any person to be considered liable for your radial nerve injury, it has to be determined that they owed you a “duty of care” and failed to perform this duty of care when your radial nerve was injured. For example, the driver of a car must show care to avoid causing an accident, an employer has a duty of care in providing 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 radial nerve injury is sustained.
However this duty of care is not always “absolute”. This means, for example, that if you sustain radial nerve damage 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 could not have identified and removed the hazard within a “reasonable” period of time, you would not be justified in claiming compensation for a radial nerve injury.
Supporting a Radial Nerve Injury Claim for Compensation
If you were capable of gathering evidence of negligence following the incident in which you injured your radial nerve, it can be used to verify a radial nerve injury claim for compensation – provided that you did not place yourself in the path of injury in order to obtain it. What evidence of negligence you may be able to collect can contrast significantly depending on the nature of the incident in which you sustained a radial nerve injury, and can include photographs taken from 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 from a shop have been responsible for injuring your radial nerve.
If you were unable to gather evidence of negligence after being incapacitated by your radial nerve injury, or because you wisely made seeking medical treatment for your radial nerve injury your priority, it may still possible after the event to pursue evidence in support of compensation claims for radial nerve injury from:-
- The Health and Safety Authority if your radial nerve injury was sustained at work,
- CCTV video if you injured your radial nerve in a trip in the street or a slip in a shop, or
- The Gardai if your radial nerve was injured in a road traffic accident.
In most scenarios in which you may sustain a radial nerve injury you should be able to recover some evidence of negligence in support of a claim for injuring a radial nerve. If you cannot gather evidence yourself because of your radial nerve injury, ask a family member or friend (or a solicitor) to gather it on your behalf as soon as possible – while the evidence you require to support your claim for radial nerve injury compensation still exists and while the memories of witnesses are still reliable.
How Contributory Negligence can affect Radial Nerve Injury Compensation
If you are liable in any way for the accident in which your radial nerve was injured, or neglected to seek medical attention for your radial nerve injury at the first practical opportunity, the amount of compensation for a radial nerve 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 radial nerve injury claim for compensation and your radial nerve injury compensation settlement is reduced by that percentage.
You will also find that consent is usually withdrawn from the Injuries Board for them to proceed with an analysis of your claim for injuring a radial nerve if it is suspected that an element of contributory negligence exists. Without the consent to study compensation claims for radial nerve injury, the Injuries Board will provide you with an “Authorisation” to pursue your injury claim for injuring a radial nerve through the courts, or your solicitor may be able to negotiate compensation directly with the negligent party and his or her insurers.
Compensation Claim for Injuring a Radial Nerve: Summary
No two compensation claims for radial nerve injury in Ireland are exactly alike – regardless of the similarity of the circumstances of the accident – and it is always in your best interests to assess your accident and radial nerve injury with a solicitor at the earliest possible moment. A solicitor will be able to assist with potential issues such as determining liability for your radial nerve injury, gathering evidence of negligence on your behalf and ensuring that your application for the assessment of radial nerve injury compensation to the Injuries Board appropriately reflects the consequences that your injured radial nerve have made to your quality of life.
A radial nerve injury can often be a debilitating experience, and although no amount of compensation for a radial nerve injury 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 radial nerve injury 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 injuring a radial nerve with a solicitor at the first available opportunity.