Is it possible to claim compensation for head injury from falling in hospital if it happened when I was a visitor?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You should be eligible to claim compensation for head injury from falling in hospital, provided that a third party’s negligence caused your injury. Assuming that you did not cause the fall yourself, your accident was probably caused by the type of oversight that you could find on any public premises, such as an unmarked slippery surface or a poorly maintained passageway.
The liable party in your claim for fall in hospital head injury will more than likely be the hospital administration or local health authority, which has a legal duty of care to provide a safe environment for anyone who works, visits or attends there as a patient. This responsibility extends to all public areas, including waiting rooms, wards and hospital car parks.
The completion of a number of standard procedures will benefit your claim for head injury hospital accident compensation. As with any type of personal injury, you should have sought medical attention for your fall immediately, not only for the professional treatment of your injury but so that your medical history will have been updated. The facts noted in your medical records can later be used as evidence in your claim for fall in hospital head injury.
Upon reporting your accident to the appropriate authority, the incident should have been noted in the hospital’s Accident Report Book. You should request a copy of the report as it can support your head injury hospital accident compensation claim. Both reports – medical and accident – should be submitted to the Injuries Board Ireland with your application for assessment.
When the Injuries Board Ireland has received your application for assessment, they will calculate how much compensation for head injury from falling in hospital they recommend you receive based on figures published in the “Book of Quantum”, and their own medical examination. Your claim should include not only the physical trauma you have suffered, but any “loss of amenity” you have experienced, i.e. the negative affect your injury has had on your quality of life. Furthermore, special damages for any out-of-pocket expenses or loss of income you have incurred due to your injury should also be accounted for in your claim.
Although it is possible to submit an application of assessment to the Injuries Board independently, you would be well advised to contact an experienced solicitor as soon as practically possible for assistance. After evaluating your claim to confirm its viability, your solicitor would ensure that each aspect of your compensation for head injury from falling in hospital claim is adequately communicated to the Injuries Board as any error or omission can seriously affect the final resolution. Engaging a solicitor increases the potential for success and of recovering compensation for your injury in a swift manner.