If I was playing with a dog when I was injured, can I still make a compensation claim for ear laceration against the dog owner?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It may be possible for you to make a compensation claim for ear laceration if it can be proven that the owner of the dog acted negligently. For instance, allowing the dog to interact with people when it has a history of aggression would be considered as negligence. Similarly, the owner may be deemed negligent if the ear injury you suffered could have been completely avoided if the dog had been wearing a muzzle. However, you should be aware that an ear laceration claim can only be pursued if the dog owner has owner’s insurance or is covered by a household policy.
There are a number of standard procedures you should have carried out in order to be able to claim compensation for ear laceration. Your health should always be your first priority and it is important that you sought immediate medical treatment from a professional medical practitioner immediately following the accident. Aside from ensuring that no further damage was inflicted, the date entered in your medical history will act as proof that the accident did indeed occur. This information is vital in a claim for lacerated ear injury compensation and without it the likelihood of receiving the full amount of compensation would be decreased.
Another benefit to your ear injury compensation claim would be photographs of your injury – one close up shot of your injury to show its severity, and another image taken from a distance to demonstrate its visibility. Further support to your compensation claim for ear laceration would come from a report to the local Garda station where it could be discovered that the dog had been involved in similar occurrences. Additionally, you should have gathered the details of any witnesses to the accident who could later be called upon to give evidence in your claim.
It is worth noting that a number of elements along with the pain and suffering experienced should be included in a claim for lacerated ear injury compensation. If the accident was particularly violent, for example, you may be entitled to claim for any quantifiable emotional trauma suffered as a result. Medical experts have acknowledged that most accident victims suffer some degree of post-traumatic stress disorder and some victims develop symptoms of depression or anxiety due to the nature of their injuries. Additionally, you may be reimbursed for any financial expenses you have incurred because of your injury such as medical costs or alternative modes of transport if you cannot drive your car.
You would also be recommended to maintain a diary to note every time your injury has prevented you from completing everyday tasks or participating in social or leisure activities as you may also qualify to be compensated for your “loss of amenity”, i.e. the negative impact your injury has had on your quality of life.
If you believe that you have a potential ear injury compensation claim you would be well advised to speak with a personal injury solicitor about the circumstances of your injury. Even if you have not completed all of the standard procedures, in the initial consultation that most solicitors offer without charge your solicitor would be able to assess your claim and determine whether or not it is worth pursuing. If your compensation claim for ear laceration is deemed viable, your solicitor would be in the best position to compile a comprehensive case file and to guide you in the next necessary steps to take to pursue a fair and adequate settlement of your claim.