Can you explain shoulder ligament injury compensation claims? I hurt my shoulder in a car accident that wasn’t my fault.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In shoulder ligament injury compensation claims where the victim was injured in a car accident, the victim will be eligible to claim compensation provided it can be shown that another road user, or the entity responsible for maintaining the roads in a safe condition, was negligent in their actions and that their lack of care was pivotal in how the victim’s injury was sustained.
Most shoulder ligament injury compensation claims are made through the Injuries Board Ireland. The potential plaintiff submits an application for assessment either by post or online, by completing “Form A” and sending it with “Form B” – their medical practitioner’s evaluation of their injuries – and any receipts for costs incurred that are attributed to their accident and subsequent injury. Although this process can be submitted independently, it is recommended that the potential plaintiff is assisted by an experienced solicitor who can ensure that all elements of the claim are adequately represented in Form A.
Solicitors can also negotiate the terms of shoulder ligament injury compensation claims with the negligent party’s insurance company while the Injuries Board are assessing their client’s application. This could potentially result in an earlier, but still satisfactory, resolution to their claim.
There are some procedures that potential plaintiffs should have carried out after the accident in order to fully support their shoulder ligament injury compensation claims. Their first priority should always be their health. In serious car accidents, an ambulance would have been called to the scene. However, if the accident scene did not warrant the presence of an ambulance, the victim should still have their injuries treated at the first possible opportunity. The Gardaí will file a report if they attend the scene; however, if they do not, the victim should visit a Garda Station and have their accident recorded in the Gardaí’s Accident Report Book.
It is also important for all parties in an accident to exchange names, addresses and personal details. If possible, a claim for shoulder ligament injury compensation would benefit from witness statements and pictures of the scene that could have been taken by using the camera function on a mobile phone.
Shoulder ligament injury compensation claims are more likely to be successful when the victim engages with the services of a solicitor who can assess the details of their claim and determine the validity of their case. If their claim is deemed viable, a solicitor would be able to guide their client through the Injuries Board process and negotiate with the negligent party’s insurers.