Making a Claim for Elbow Injury Compensation
Sustaining an injured elbow in an accident for which you were not to blame can be doubly distressing when attempting to make a claim for elbow injury compensation. Not only might you encounter difficulties with collecting evidence of negligence while incapacitated from your injured elbow, 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 elbow injury compensation.
At a time when you may still be in considerable pain from the accident in which your elbow was injured, it could be in your best interests to use the services of an experienced Irish solicitor when making a compensation claim for an injured elbow. An experienced solicitor will be able to assemble evidence in support of your claim for elbow injury compensation, complete and submit Form A to the Injuries Board Ireland to ensure that you receive the maximum possible assessment of elbow injury compensation and represent you in legal action if the respondent denies his liability for your injured elbow or disputes the Injuries Board Ireland´s assessment of your elbow injury compensation award.
Eligibility for Injured Elbow Compensation
The first task that an experienced Irish solicitor would perform is to ensure that you are eligible for injured elbow compensation. By discussing with you how the accident occurred in which your elbow was injured, 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 claim for elbow injury compensation which is worth your while to pursue.
If, for some reason, you failed to obtain immediate medical assistance after your elbow was injured, neglected to keep follow-up appointments after your discharge from hospital or contributed some way to the accident in which your elbow was injured, this will not disqualify you from making a claim for elbow injury compensation, but it may reduce how much compensation for an injured elbow 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 elbow injury at the beginning of your discussions in case information which could damage your compensation claim for an injured elbow comes to light at a later date.
Submitting a Compensation Claim for an injured Elbow
There may be a number of personal subjects that your solicitor will ask about before submitting a compensation claim for an injured elbow 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 elbow injury compensation, previous medical conditions you may have suffered from and your work life. These questions are important to determine how much compensation for an injured elbow your solicitor should claim for ongoing medical expenses and long term absence from work.
Your solicitor will also want to know how your injured elbow has prevented you from leading a normal life. It is often recommended that you maintain a diary to record the times that your elbow injury 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 an injured elbow. If you have suffered any emotional trauma – either due to the nature of the accident in which your elbow was injured or during your recovery – you should advise the solicitor of this also.
The Assessment of Elbow Injury Compensation
Once your solicitor has prepared the strongest possible claim for elbow injury compensation, 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 elbow was injured and, when they receive consent from the negligent party, will proceed with an assessment of your elbow injury compensation claim.
The assessment of elbow injury compensation is not a quick process and an injury of this nature may require a further medical examination to assess how your elbow is healing. The Injuries Board Ireland aims to have their assessment of your claim for elbow injury compensation completed within nine months of receiving consent from the negligent party – which in itself may take 90 days. Once the assessment of elbow injury 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 an injured elbow has been assessed, will be followed by a Notice to Pay to the negligent party.
Injuries Board Awards for Elbow Injuries
Injuries Board awards for elbow 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 elbow injury in relation to your age, sex and whether your injured elbow 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 elbow was injured and special damages to account for any out-of-pocket expenses you have incurred – such as ongoing medical expenses for treatment for your injured elbow 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 elbow injuries and, if their assessment of your claim for an injured elbow 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 claims for elbow injury compensation, your solicitor will have already approached the negligent party´s insurers to try to arrange a settlement of elbow injury 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 elbow injury compensation claim.
Out of Court Settlements of Injured Elbow Compensation
There are a number of reasons why you may be offered an out of court settlement of elbow injury compensation. First, as mentioned above, your solicitor may have been in negotiation with the negligent party´s insurers to accelerate the compensation claim for an injured elbow. You may also be approached directly by the negligent party or his insurers with an offer of injured elbow compensation (which you should always refer to your solicitor), or out of court settlements of elbow injury 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 elbow injury compensation to the Injuries Board Ireland or if either party disputes how much compensation for an injured elbow 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 an injured elbow out of court. Also, the negligent party´s insurers may be averse to taking a chance on the outcome of your claim for elbow injury compensation in an expensive court hearing, and may prefer to make a settlement of elbow injury compensation rather than risk making greater losses when your claim is successful.
Always Use a Solicitor When Making a Claim for Elbow Injury Compensation
The Injuries Board Ireland advertises on their web site that you could save money when making a claim for elbow injury compensation by applying to them directly for an assessment of your elbow injury compensation claim. However, you will never know if their assessment represents a fair and adequate settlement of elbow injury 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 claim for elbow injury compensation 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 an injured elbow quicker and keep you informed about how your claim for elbow injury 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 claim for elbow injury compensation, you are invited to call our Solicitors Advisory Panel and have a free case assessment of your elbow injury compensation claim – without obligation, pressure or legal jargon, and in complete confidentiality.