Elbow Injury Claim
Coleman Legal LLP offers specialised assistance in managing elbow injury claims. Our dedicated team’s profound familiarity with the Personal Injuries Guidelines ensures your rightful compensation, enabling you to prioritise your recovery confidently.
Elbow injury claim: An overview
The personal injury guidelines in Ireland detail compensation ranges for elbow injuries. Compensation levels are influenced by multiple factors, including age, dominant arm, pain duration, treatments needed, cosmetic impact, degenerative changes, work impact, quality of life, independence, and psychological effects.
Factors affecting compensation for elbow injuries
Source: The Personal Injuries Guidelines
As outlined in the personal injury guidelines, injuries to the elbow are subject to a comprehensive evaluation process that considers various considerations when determining the appropriate level of compensation. These factors play a pivotal role in understanding the extent of the injury’s impact on an individual’s physical, emotional, and functional well-being.
1. Age: the injured person’s age is considered, as younger individuals may face longer-term impacts from the injury.
2. Dominant arm: Injuries to the dominant arm can significantly affect daily activities, work, and functionality.
3. Pain and suffering: The severity and duration of pain and suffering caused by the injury are evaluated.
4. Treatment extent and duration: The type and duration of treatment needed, including surgeries, physiotherapy, and medication, are assessed.
5. Cosmetic impact: Any visible scarring or disfigurement resulting from the injury is taken into account.
6. Degenerative changes: The presence or risk of long-term degenerative changes in the elbow joint is considered.
7. Impact on work: The injury’s effect on employment, income, and future employability is examined.
8. Quality of life and leisure: The extent to which the injury hampers daily life and leisure activities is evaluated.
9. Independence and self-care: Any hindrance in self-care ability and independence is taken into consideration.
10. Psychological impact: Psychological effects such as depression resulting from the injury are recognised.
These factors collectively guide the determination of fair compensation for elbow injuries based on their comprehensive impact on the injured individual’s physical, emotional, and functional aspects of life.
Elbow injury compensation ranges
Source: The Personal Injuries Guidelines
1. Serious elbow injuries (€40,000 – €72,500)
- Resulting in permanent function and pain consequences.
- Examples: Severe fractures with arthritis, crush injuries with lasting impairment, partial recovery nerve palsy.
2. Moderate elbow injuries (€17,000 – €40,000)
- Less severe than (a), causing function impairment.
- No major surgery or significant disability.
- Examples: Fractures needing open reduction, substantial nerve palsy recovery.
3. Minor elbow injuries (€1,000 – €15,000)
- Most common category.
- No permanent damage or function loss.
- Examples: Simple fractures, soft tissue injuries with pain, modest tennis elbow syndrome and minor lacerations.
Causes of elbow injury claim
Elbow injuries can result in claims for compensation in Ireland due to various situations such as accidents, workplace incidents, sports-related accidents, and traumatic events. These injuries can range in severity from minor discomfort to significant impairment.
The causes of elbow injury claims can be attributed to several factors, including accidents and falls, workplace incidents, sports and recreational activities, and road traffic accidents.
1. Slips, trips, and falls
Slips, trips and falls are common scenarios that can lead to elbow injuries.Accidental falls, particularly from heights or uneven surfaces, can cause a direct impact on the elbow joint. Landing on an outstretched arm during a fall can result in strains, sprains, fractures, or elbow dislocations. Read More
2. Workplace accidents
Work related accidents, especially in industries involving manual labor, construction, or manufacturing, can expose individuals to the risks of elbow injuries. Mishandling heavy objects, operating machinery, or working in confined spaces might lead to sudden impacts or overexertions affecting the elbow joint. Read More
3. Sporting injuries
This carries the potential for elbow injuries due to sudden impacts, collisions, or repetitive strain. Sports like tennis, golf, and weightlifting can stress the elbow joint, leading to conditions like tennis elbow or strain-related injuries. Read More
4. Road traffic accidents
Road accidents can result in significant trauma to the upper body, including the elbow joint. The impact from a collision or airbag deployment can cause fractures, dislocations, or soft tissue injuries to the elbow. Read More
The elbow injury claim process
1. Seek assistance from elbow injury claim solicitor
Our team of experienced elbow injury solicitors is available to guide clients through the process of making an elbow injury claim. Utilising a solicitor can simplify the paperwork and filing required for this process.
2. Apply to the Personal Injuries Assessment Board (PIAB)
The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:
3. Provide necessary information and documents
Your solicitor will gather evidence, medical reports, and other expert reports, and submit them to PIAB for assessment.
4. Obtain consent for claim assessment
Once the application is made, PIAB will notify the defendant(s) and they must indicate within 90 days if they consent to the assessment of the claim. If consent is given, PIAB will proceed with the assessment. If denied, PIAB will grant authorisation for court proceedings.
5. Claim assessment
The assessment process usually takes about 9 months. If both parties accept PIAB’s assessment, an order to pay will be issued and must be discharged by the defendant(s) within 10 days. If rejected, an authorisation for court proceedings will be granted.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these.
Why choose Coleman Legal LLP?
At Coleman Legal LLP, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. It’s at times like this that you need the support of an experienced firm that can assist you with the practical issues that now confront you as a result of the fault of another.
For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.
We provide a national service and can meet you locally to ensure that you have a voice and access to the best advice and resources that may be needed in your particular case.
Our service is about you, the client and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves in our respectful and concerned approach to al of our clients.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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