Regardless of the situation in which you have sustained an injured soft tissue, in order to make claims for soft tissue injury compensation in Ireland, the accident in which you sustained the injury must be the result of the recklessness of somebody who owed you a reasonable duty of care. This does not necessarily mean that person had to be physically present at the time of your soft tissue injury in order for you to seek compensation for soft tissue damage – just that their negligence was the reason why your soft tissue injury took place.
Frequently, it may not even be an individual against whom a soft tissue injury claim for compensation is initiated. Compensation claims for soft tissue 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 your soft tissue 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 soft tissue and recover compensation for your injury.
Establishing Negligence in a Claim for Injuring Soft Tissue
In most scenarios, the procedure for making compensation claims for soft tissue 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 soft tissue injury claim for compensation. The analysis of soft tissue injury compensation is only performed when consent from the “respondent” has been received.
At this point, there is no need for you to submit evidence of negligence in support of a claim for injuring soft tissue; however, in the event that the respondent declines their consent, you may then have to pursue compensation for soft tissue damage through the courts. Court action is not always necessary, as many claims for soft tissue injury compensation in Ireland are resolved by negotiation; however, in order to get a satisfactory resolution of your claim for injuring soft tissue, it is in your best interests that negligence is established before an injury claim is started.
For a person to be considered liable for your soft tissue injury, it has to be verified that they should have performed to you a “duty of care” and were in breach of that duty of care when your soft tissue was injured. For example, the driver of a car must perform a duty of care to avoid creating an accident, an employer has a duty of care to give his or her 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 soft tissue injury occurs.
However, not every duty of care is “absolute”. This means, for example, that if you injure your soft tissue after slipping and falling in a shop on liquid that had just been spilled by the shopper in front of you immediately prior, and the shop staff had not had a “reasonable” period of time in which to address and remove the hazard, you may not be entitled to claim compensation for soft tissue damage injury.
Making Compensation Claims for Soft Tissue Damage
The process for pursuing compensation claims for soft tissue damage in Ireland is to forward an application for assessment to the Injuries Board. This can be done using a physical copy of the Assessment Form A or by initiating your application for the assessment of compensation for soft tissue damage injury online (except in the case of soft tissue injury compensation claims for children). Your application for assessment should also include your doctor´s medical assessment of your injured soft tissue injury (Assessment Form B) and receipts for any financial expenses you wish to claim.
Once the Injuries Board Ireland receives consent from the negligent party to proceed with an assessment, you may be required to undertake a further medical examination to determine the extent of your soft tissue injury – after which the Injuries Board will issue a “Notice of Assessment” informing you and the negligent party of how much they have analysed your claim for injuring soft tissue. If both you and the negligent party can agree to the Injuries Board´s assessment of your soft tissue injury claim for compensation, an “Order to Pay” is made and your claim will be settled by the negligent party´s insurance company.
Third Party Capture and Compensation Claims for Soft Tissue Damage
Insurance companies are usually aware of potential compensation claims for soft tissue damage a long time prior to their policyholder being contacted by the Injuries Board for consent to assess your claim. Entries made in Accident Report Books and direct contact from clients can provoke insurance companies to make an unsolicited approach to potential claimants with an offer of soft tissue injury compensation while they are still recovering from their soft tissue injury and at their most vulnerable.
While such offers of compensation for soft tissue damage may be seriously considered at a time when you may be concerned about your short term finances, the offers rarely reflect your full entitlement of compensation for the soft tissue injury you sustained and should first be mentioned to a solicitor. If you accept an insurance company´s offer of soft tissue injury compensation without first seeking advice, and it subsequently proves to be insufficient to cover your medical costs or support your family, you cannot return to the insurance company and make a second soft tissue injury claim for compensation.
Making a Soft Tissue Injury Claim for Compensation for a Child
If your child has injured a soft tissue in an accident for which they were not entirely at fault, they
cannot make a soft tissue injury claim for compensation on their own behalf or instruct a solicitor to represent them until they reach the age of eighteen. As all evidence of negligence may be difficult to come across by then, it is normal procedure for a parent or guardian to make compensation claims for soft tissue damage on their child´s behalf acting as their “next friend”.
The procedure for making soft tissue injury compensation claims for children varies notably from when an adult injures a soft tissue. A child´s injury claim for injuring soft tissue have to submitted to the Injuries Board via post (online application for assessment will be rejected), the next friend has to accept all financial liabilities for costs should the injured soft tissue injury claim be unsuccessful and, when a settlement of compensation for soft tissue damage is verified, the settlement has to be approved by a judge in court.
Compensation Claim for Injuring Soft Tissue: Summary
No two compensation claims for soft tissue damage in Ireland are identical – regardless how similar the circumstances of the accident were – and it is always in your best interests to discuss the circumstances of your accident and soft tissue injury with a solicitor at the first available moment. A solicitor will be able to help with potential issues such as establishing liability for your soft tissue injury, gathering evidence of negligence on your behalf and ensuring that your application for the assessment of soft tissue injury compensation to the Injuries Board appropriately reflects the impact that your injured soft tissue have made to your quality of life.
A soft tissue injury can often be a debilitating experience, and although no amount of settlement for soft tissue damage can ever truly compensate for the negligence of the person who was to blame for your injury, it costs nothing to establish whether you have a soft tissue 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 soft tissue with a solicitor at the earliest practical opportunity.