No matter the situation in which you have sustained nerve damage, in order to make claims for nerve damage compensation claim in Ireland, the accident in which you suffered the injury must have occurred due to the carelessness of somebody who owed you a reasonable duty of care. This does not mean that person had to be physically around at the time of your nerve damage injury in order to claim compensation for nerve damage – just that their negligence led to your nerve damage injury occurring.
Often, it may not even be a single person against whom a nerve damage claim for compensation is sought. Compensation claims for nerve damage 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 you sustained nerve damage could have been prevented had greater care been taken by one of these “third parties”, you will be eligible to make a claim for nerve damage and recover compensation for your injury.
Establishing Negligence in a Claim for nerve damage
In most scenarios, the procedure for making compensation claims for nerve damage 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 nerve damage claim for compensation. The assessment of nerve damage compensation claim is only performed when consent from the “respondent” has been received.
At this stage, there is no need for you to submit evidence of negligence in support of a claim for nerve damage; however, in the event that the respondent declines their consent, you may then have to pursue compensation for nerve damage through the courts. Court action is not always necessary, as many claims for nerve damage compensation claim in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for nerve damage, it is in your best interests that negligence is established before an injury claim is started.
In order for a person (or people) to be considered responsible for your nerve damage injury, it has to be determined that they owed you a “duty of care” and were negligent in that duty of care when you suffered nerve damage. For example, the driver of a car has a duty of care to avert causing an accident, an employer has a duty of care to give their employees a safe environment in which to work and places of public access have a duty of care to avert hazards which may lead to an accident in which a nerve damage injury has been sustained.
However, not every duty of care is “absolute”. This means, for example, that if you sustain your nerve damage after slipping and falling in a shop on liquid that had been spilled by the shopper in front of you immediately prior to your accident, and the shop staff had not had a “reasonable” period of time in which to identify and remove the hazard, you may not be able to claim compensation for nerve damage injury.
How Much Compensation for Nerve Damage?
The “value” of compensation claims for nerve damage in Ireland is calculated in accordance with the “Book of Quantum” – a publication which lists a great number of injuries and allocates a financial value to nerve damage depending on the seriousness of your nerve damage injury is and how long you may take to recover from it. This figure of compensation for nerve damage is then adjusted to account for your age, previous state of health and what effect your nerve damage has on your quality of life.
You are also entitled to include in your claim for nerve damage any quantifiable psychological trauma you experienced due to the nature of the incident in which you suffered nerve damage and any financial expenses you have incurred due to your nerve damage. Unless you have made an application for assessment to the Injuries Board in the past, it is highly difficult to appropriately communicate all the consequences of nerve damage on the application for assessment, and it is therefore in your best interests to have a solicitor assess your nerve damage claim for compensation before submitting it to the Injuries Board to ensure you receive your full entitlement of nerve damage compensation claim.
Litigating Nerve Damage Compensation Claim in Ireland
The possibility of court action may sometimes dissuade plaintiffs from making compensation claims for nerve damage; however insurance companies are often even less keen to litigate a nerve damage claim for compensation in court. The prices of litigation in Ireland are substantial and, regardless of how justified the insurance company believe they are in denying their policyholder´s responsibility for your nerve damage injury, the financial risk they are taking (that a court will find in your favour) often results in an out of court settlement of compensation for nerve damage without the admission of liability.
This is particularly true when litigation in court may be needed to resolve a dispute over how much your claim for nerve damage is worth. Courts often do not appreciate financial disputes of this nature, and both parties will be encouraged to initiate a nerve damage compensation claim settlement before an appearance in court is required. In many compensation claims for nerve damage in Ireland, your solicitor will consult with the negligent party´s insurers at the same time as an assessment is given to the Injuries Board, and will be able to inform you at an early stage whether or not court action to resolve your claim for nerve damage is required.
Making a Nerve damage Claim for Compensation for a Child
If your child has suffered nerve damage in an accident for which they were not completely at fault, they are not allowed to make a nerve damage claim for compensation in their own right or instruct a solicitor until they turn eighteen years of age. As all evidence of negligence may have disappeared by that time, it is normal procedure for a parent or guardian to make compensation claims for nerve damage on their child´s behalf acting as their “next friend”.
The process for initiating a nerve damage compensation claim for children varies considerably from when an adult suffers a similar injury. A child´s injury claim for nerve damage must be made to the Injuries Board through the post (online application for assessment will not be accepted), the next friend has to be prepared to accept all financial liabilities should the nerve damage injury claim be unsuccessful and, when a settlement of compensation for nerve damage is reached, the settlement has to be approved by a court judge.
Compensation Claim for Nerve Damage: Summary
No two compensation claims for nerve damage in Ireland are identical – regardless of how similar the circumstances of the accident were – and it is always advised to discuss your accident and nerve damage injury with a solicitor at the first possible opportunity. A solicitor will be able to assist with potential issues such as determining liability for your nerve damage injury, collecting evidence of negligence on your behalf and ensuring that your application for the assessment of nerve damage compensation claim to the Injuries Board appropriately reflects the consequences that your injured nerve damage has made to your quality of life.
A nerve damage injury can often be a debilitating experience, and although no amount of compensation for nerve damage 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 nerve damage claim for compensation which it is worth your while to pursue. Therefore, it is advised that you discuss your eligibility to make a compensation claim for nerve damage with a solicitor at the earliest possible opportunity.