Broken Leg Injury Claims
An Introduction to Broken Leg Injury Claims
Broken leg injury claims are civil legal actions which enable you to recover compensation when you have broken your leg in an accident for which you were not at fault. You will be eligible to make broken leg injury claims for compensation when it can be proven that the accident in which your leg was broken was caused by somebody who had a “duty of care” towards you and – either by their action or a lack of action – that person´s negligence was responsible for your leg injury.
No two claims for a broken leg injury are the same – even when the nature and severity of the injury are identical – as compensation for a broken leg injury should account for the consequences of your leg injury and how they affect your quality of life as much as the physical trauma you experienced at the time of the accident. Consequently, it is always in your best interests to discuss the circumstances of your accident and leg injury with an experienced solicitor prior to making broken leg injury claims for compensation.
Broken Leg Injury Claims and Your Health
Your health is the most important factor in claims for a broken leg injury and although you will have sought professional medical attention at a hospital or clinic at the time of your leg injury, it is essential that you keep any out-patient appointments after your discharge to prevent claims from the negligent party´s insurers that you made your leg injury worse by your own lack of care. Your “contributory negligence” will not disqualify you from making claims for broken leg injury compensation, but it might affect how much your broken leg injury claim is worth.
Broken leg injury claims should also consider any psychological injury you have sustained either during your accident or while recovering from a broken leg injury. Therefore, if you have been diagnosed with post traumatic stress disorder because of the manner in which your leg injury was sustained, suffered from depression or anxiety during your recovery from a broken leg or lost your confidence to drive, work or socialise as a direct result of your broken leg injury, you should advise your solicitor – who will arrange for the appropriate proof of psychological injury, and include this factor in your claim for broken leg injury compensation.
Establishing Negligence in Broken Leg Injury Claims
Even though a negligent driver, employer or other third party may have admitted their liability for your leg injury at the time your accident happened, when you claim compensation for a broken leg injury, the settlement of your claim is made by the negligent party´s insurers – even when claims for a broken leg injury are processed by the Injuries Board Ireland. Therefore, as the negligent party´s insurer was not present at the time of your accident, claims for broken leg injury compensation have to be compiled which establish that the insurance company´s client was indeed the negligent party and thereby liable for your leg injury.
In order to establish negligence in broken leg injury claims, an accident report should be made to either the Garda, your employer or at the offices of anther third party responsible for your leg injury, and a copy retained to submit with your application for assessment to the Injuries Board Ireland. You can support claims for broken leg injury compensation with photographs taken at the scene of the accident or CCTV video and statements from witnesses who saw your broken leg injury accident occur. Indeed the more evidence of negligence in broken leg injury claims you – or a solicitor on your behalf – can collect, the likelier it is that your claim for broken leg injury compensation will be successful.
The Process for Making Broken Leg Injury Compensation Claims
There are two main ways in which claims for broken leg injury compensation are processed. The first is that your solicitor sends a Letter of Claim to the negligent party, advising them that you are claiming compensation for a broken leg injury. The negligent party will usually forward the letter on to his insurers – advising them whether or not they accept liability for your broken leg injury – and, if liability is not contested, your solicitor will enter into negotiations with the insurance company to obtain the maximum possible settlement of your broken leg injury compensation claim.
The second method of claiming compensation for a broken leg injury is that an application is sent to the Injuries Board Ireland, requesting an assessment of your claim. The Injuries Board Ireland will then write to the negligent party, asking them to confirm that they accept liability for your leg injury and calculate – once confirmation is received – what your broken leg injury claim is worth based on the information you have provided plus a further independent medical examination. The Injuries Board Ireland will advise both you and the negligent party how much compensation for a broken leg injury they believe you should receive and – if both you and the negligent party are in agreement with the Injuries Board´s decision – they will issue an Order to Pay, and the negligent party´s insurers will send you a cheque in settlement of your broken leg injury claim.
The Injuries Board´s Role in Broken Leg Injury Claims
The Injuries Board Ireland plays an important role in the settlement of broken leg injury claims as, if liability for your leg injury is contested, or how much compensation for a broken leg injury you should receive is disputed, the Injuries Board Ireland has to issue an “Authorisation” before you are allowed to take your claim for a broken leg injury to court. It is estimated that as many as a third of all broken leg injury claims are resolved in court, and without the “Authorisation” from the Injuries Board Ireland, you will be unable to proceed with a claim for broken leg injury compensation if negotiations between your solicitor and the negligent party´s insurers fail to satisfactorily resolve your broken leg injury claim.
The Injuries Board Ireland declines to disclose exactly how many broken leg injury claims are settled according to their assessments, but many observers are of the opinion that the resolution of claims for broken leg injury compensation is equally divided between negotiated settlement, injury board assessment and litigation in court – with up to 90 percent of claims for broken leg injury compensation submitted to the Injuries Board Ireland having been prepared by an experienced personal injury solicitor.
Broken Leg Injury Claims and Litigation
Inasmuch as the possibility of court action can often dissuade people from making broken leg injury claims, insurance companies are even less keen of the prospect of litigating a claim for broken leg injury compensation in court. The costs of litigating broken leg injury claims in court are substantial and, no matter how justified the insurance company feel they are in denying their client´s liability for your broken leg injury, the financial risk they are taking (that a court will find in your favour) often prompts an out of court settlement of a broken leg injury claim without the admission of liability.
This is especially true when litigation is required to resolve a dispute over how much your broken leg injury compensation claim is worth. Courts tend to look down upon financial disputes of this nature and both parties will be encouraged to negotiate a broken leg injury compensation settlement before an appearance in court is necessary. Nonetheless, because there is the possibility that your broken leg injury compensation claim may have to be presented in court, your solicitor will prepare the strongest possible broken leg injury claim with litigation in mind as soon as he or she has accepted your case.
How Much Are Broken Leg Injury Claims Worth?
How much compensation for a broken leg injury you will be entitled to receive will depend on the severity and extent of your injury and subject to the range of broken leg injury compensation values published in the Book of Quantum. Your age, gender and general physical condition prior to the accident in which your leg was broken will also be taken into account, along with the impact that your leg injury has on your quality of life and your lack of ability to complete day-to-day tasks without assistance. Due to the fact that – as you recover from your leg injury – many of the limitations you had to put up with will be forgotten, it is recommended that you maintain a diary to record the times when your broken leg injury prevents you from enjoying a full social life or participating in leisure pursuits.
Broken leg injury claims also enable you to recover any financial costs you may have incurred which are directly attributable to your broken leg. These can range from the cost of medical treatment and medication to the expense of using public transport while your broken leg injury prevents you from driving. Broken leg injury special damages – as they are known – also ensure that any income you have lost from being unable to work is replaced and, when your broken leg injury claim is ultimately resolved, you should be no worse off financially than if your broken leg accident had never happened.
Third Party Capture and Broken Leg Injury Claims
Whereas it would be impossible for a solicitor to tell you how much compensation for a broken leg injury you would be entitled to receive on an initial consultation, it is important that you are aware at an early stage how much your broken leg injury claim is worth. This is because you may be approached directly by the negligent party´s insurers when a Letter of Claim is received with an offer of compensation in settlement of your broken leg injury claim.
An insurance company´s approach with an offer of compensation for your broken leg injury claim is not necessarily a bad event, as it confirms their client´s liability for your broken leg injury. However, without a full assessment of your broken leg injury compensation claim, it is unlikely that the insurance company´s offer is appropriate to your entitlement to broken leg injury compensation and, should it prove to be inadequate to cover your medical costs and loss of income, you cannot go back to the insurance company and ask for more compensation for a broken leg injury.
Broken Leg Injury Claims for Children
If your child has broken their leg in an accident for which they were not to blame, they can only claim broken leg injury compensation through a parent or guardian acting as their “next friend”. A “next friend” has to be approved by the court and be prepared to accept the financial consequences of making a claim for broken leg injury compensation should the claim be unsuccessful. You will therefore need a solicitor to assist with the process of making broken leg injury claims for children when you first start your claim.
Furthermore, any settlements of broken leg injury claims for children – irrespective of whether the broken leg injury compensation has been agreed by negotiation, assessed by the Injuries Board Ireland or awarded in court – have to be approved by a judge before payment of broken leg injury compensation can be made. Compensation settlements for children´s broken leg injury claims are usually held by the court until the child reached the age of eighteen, but can be released on application to the court if some of the broken leg injury compensation is required for educational or medical purposes.
Broken Leg Injury Claims Summary
Irrespective of whether the accident which caused your broken leg injury happened recently or up to two years ago, you should always engage the services of a solicitor at the earliest possible opportunity to advise you about your entitlement to broken leg injury compensation and to assist you at the start of the broken leg injury claims process. At a time when you may be feeling both physically and emotionally traumatised, a claim for broken leg injury compensation can be taken out of your hands and dealt with professionally – allowing you to focus on making a quicker recovery from your broken leg injury.