Compensation Claim for a Broken Wrist

Making a Compensation Claim for a Broken Wrist

Sustaining a broken wrist in an accident for which you were not to blame can be doubly distressing when attempting to make a compensation claim for a broken wrist. Not only might you encounter difficulties with collecting evidence of negligence while incapacitated from your broken wrist, but the incorrect completion of the Application for Assessment of Damages (Form A) to the Injuries Board Ireland could result in you receiving an inadequate settlement of broken wrist compensation.

At a time when you may still be in considerable pain from the accident in which your wrist was broken, it could be in your best interests to use the services of an experienced Irish solicitor when making a compensation claim for a broken wrist. An experienced solicitor will be able to assemble evidence in support of your claim for broken wrist compensation, complete and submit Form A to the Injuries Board Ireland to ensure that you receive the maximum possible assessment of broken wrist compensation and represent you in legal action if the respondent denies his liability for your broken wrist or disputes the Injuries Board Ireland´s assessment of your broken wrist compensation award.

Eligibility for Broken Wrist Compensation

The first task that an experienced Irish solicitor would perform is to ensure that you are eligible for broken wrist compensation. By discussing with you how the accident occurred in which your wrist was broken, hearing from you what medical treatment you received immediately after the accident and your current prognosis, the solicitor will be able to establish that you have a compensation claim for a broken wrist which is worth your while to pursue.

If, for some reason, you failed to obtain immediate medical assistance after your wrist was broken, neglected to keep follow-up appointments after your discharge from hospital or contributed some way to the accident in which your wrist was broken, this will not disqualify you from making claims for broken wrist compensation, but it may reduce how much compensation for a broken wrist you receive. Nonetheless, it is better that you inform your solicitor about any contribution you made to either the cause of the accident or the extent of your broken wrist injury at the beginning of your discussions in case information which could damage your compensation claim for a broken wrist comes to light at a later date.

Submitting a Compensation Claim for a Broken Wrist

There may be a number of personal subjects that your solicitor will ask about before submitting a compensation claim for a broken wrist to the Injuries Board Ireland. These will include your views on the medical report (Form B) which has to be submitted alongside your application for assessment of broken wrist compensation, previous medical conditions you may have suffered from and your work life. These questions are important to determine how much compensation for a broken wrist your solicitor should claim for ongoing medical expenses and long term absence from work.

Your solicitor will also want to know how your broken wrist has prevented you from leading a normal life. It is often recommended that you maintain a diary to record the times that your broken wrist stops you from performing day to day tasks, driving, socialising and enjoying leisure pursuits so that your solicitor can include your “loss of amenity” in your compensation claim for a broken wrist. If you have suffered any emotional trauma – either due to the nature of the accident in which your wrist was broken or during your recovery – you should advise the solicitor of this also.

The Assessment of Broken Wrist Compensation

Once your solicitor has prepared the strongest possible compensation claim for a broken wrist, the assessment form and supporting documentation will be submitted to the Injuries Board Ireland. The Injuries Board Ireland will send a “Formal Notice of Claim” to the person(s) responsible for the accident in which your wrist was broken and, when they receive consent from the negligent party, will proceed with an assessment of your broken wrist compensation claim.

The assessment of broken wrist compensation is not a quick process and an injury of this nature may require a further medical examination to assess how your wrist is healing. The Injuries Board Ireland aims to have their assessment of your compensation claim for a broken wrist completed within nine months of receiving consent from the negligent party – which in itself may take 90 days. Once the assessment of broken wrist compensation is completed, the Injuries Board Ireland sends you and the negligent party a Notice of Assessment which, if you both agree on how much compensation for a broken wrist has been assessed, will be followed by a Notice to Pay to the negligent party.

Injuries Board Awards for Broken Wrist Injuries

Injuries Board awards for broken wrist injuries are calculated with reference to the Book of Quantum – a publication which lists various injuries and awards them a financial value according to the degree of the wrist injury in relation to your age, sex and whether your broken wrist is an aggravation of an existing condition. In addition to this, you will be awarded compensation for your loss of amenity, any quantifiable psychological injuries which are attributable to the accident in which your wrist was broken and special damages to account for any out-of-pocket expenses you have incurred – such as ongoing medical expenses and a loss of income due to a long term absence from work.

You solicitor will have already have a good idea of how much the Injuries Board awards for broken wrist injuries and, if their assessment of your broken wrist compensation claim is less than your solicitor anticipates, he or she will advise you not to accept the assessment and pursue your claim in court. Indeed, in many compensation claims for a broken wrist, your solicitor will have already approached the negligent party´s insurers to try to arrange a settlement of broken wrist compensation in order that you do not have to wait best part of a year for the Injuries Board Ireland to complete their assessment of your broken wrist compensation claim.

Out of Court Settlements of Broken Wrist Compensation

There are a number of reasons why you may be offered an out of court settlement of broken wrist compensation. First, as mentioned above, your solicitor may have been in negotiation with the negligent party´s insurers to accelerate the claim for broken wrist compensation. You may also be approached directly by the negligent party or his insurers with an offer of broken wrist compensation (which you should always refer to your solicitor), or out of court settlements of broken wrist compensation may be negotiated when your solicitor has issued court proceedings but a court hearing has not yet commenced.

Your solicitor is only likely to issue court proceeding if the negligent party fails to give their consent for an assessment of broken wrist compensation to the Injuries Board Ireland or if either party disputes how much compensation for a broken wrist is assessed. Irish Courts do not approve of hearing disputes over money, and both your solicitor and the negligent party´s insurers will be put under pressure to resolve your compensation claim for a broken wrist out of court. Also, the negligent party´s insurers may be averse to taking a chance on the outcome of your compensation claim for a broken wrist in an expensive court hearing, and may prefer to make a settlement of broken wrist compensation rather than risk making greater losses when your claim is successful.

Always Use a Solicitor When Making a Compensation Claim for a Broken Wrist

The Injuries Board Ireland advertises on their web site that you could save money when making a compensation claim for a broken wrist by applying to them directly for an assessment of your broken wrist compensation claim. However, you will never know if their assessment represents a fair and adequate settlement of broken wrist compensation and you may wait over a year before you receive it.

By using the services of an experienced Irish solicitor, you will get peace of mind that your compensation claim for a broken wrist is being managed competently by a legal professional who can prepare your claim on your behalf, pursue other avenues in order to resolve your compensation claim for a broken wrist quicker and keep you informed about how your claim for broken wrist compensation is progressing.

If you would like to find out more about how an experienced Irish solicitor can be of great benefit to you when making a compensation claim for a broken wrist, you are invited to call our Solicitors Advisory Panel and have a free case assessment of your broken wrist compensation claim – without obligation, pressure or legal jargon, and in complete confidentiality.


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