I was involved in a car crash recently and wondered, can I claim broken fibula compensation against the driver who caused the accident?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You should be able to claim broken fibula compensation against the person responsible for the accident that led to your injury, provided that it can be proven that he or she was, in fact, completely or partially to blame. A broken fibula is a serious injury that necessitates a long recovery period, and to obtain the maximum amount of compensation that you should qualify for, it would be in your best interests to engage with an experienced solicitor.
When speaking with a solicitor, you will most likely discuss the circumstances surrounding the accident and you would be asked about the circumstances of the accident, your potential efforts to collect evidence and the details of your medical treatment, in order to get a better understanding of your potential broken fibula compensation claim. Since a broken fibula would have left you incapacitated at the scene of the accident, it can be assumed that you were treated by a professional medical practitioner immediately following the accident, leading to an important element to your claim – that your injury was noted in your medical history.
As the Gardai would, more than likely, have been called to the scene they would have examined the scene and taken photographs and witness statements which your solicitor can later use to support your claim for broken fibula compensation.
If, for any reason you were found to have contributed to the severity of your injury – if you had not been wearing your seatbelt, for example – your solicitor will have to take this into consideration when assessing your broken fibula compensation claim. You could potentially be accused of “contributory negligence” and the value of your compensation would possibly be significantly reduced.
Another issue to be aware of is “third-party capture”. This refers to a practice commonly carried out by the insurance companies representing those accused of liability in compensation claims, in which they approach the victim – who is likely to be at their most vulnerable – with an early offer of compensation. Such an offer may seem tempting in the time directly following the accident but they have a reputation for not adequately representing your injury or the impact it has had on your life.
For example, it is possible for you to be compensated for “loss of amenity”, i.e. the affect your injury has had on your quality of life. Perhaps you are unable to perform everyday tasks without experiencing pain, or maybe you cannot partake in a social or leisure activity that you previously enjoyed. A third-party offer would rarely consider this element in a compensation claim. Furthermore, you may be able to recover expenses that are directly attributable to your injury, such as medical costs, or fares for public transport if you can no longer drive. Again, the negligent party’s insurers would probably not encompass this factor into the settlement that they offer.
If you receive such an offer of broken fibula compensation, you should refer it to a solicitor immediately. They would be able to make an evaluation and determine whether or not it is acceptable or if you would be better served by initiating legal action.