How can I claim foot injury compensation? My injury happened in a car accident.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
The recommended way to pursue a claim for foot injury compensation would be with a solicitor’s assistance. The basic process for submitting an application to the Injuries Board Ireland is straightforward, although there are potential pitfalls in completing the form with which a solicitor could provide you aid. Additionally, a solicitor would be able to negotiate with the negligent party’s insurers while the Injuries Board assessment is on-going, which could lead to your claim being resolved in a much shorter time.
In order to pursue a foot injury compensation claim, it needs to be proven that another party was responsible (or at least partially responsible) for the accident in which your injury was sustained. The negligent party would then be listed as the “Respondent” on the application Form A to be submitted to the Injuries Board. If you have experienced any “loss of amenity” (i.e. if your injury has affected your quality of life in a negative way) your solicitor may advise you to submit your application online – rather than through the post – where there is more room to explain your circumstances. You would be well advised to seek your solicitor’s assistance in completing this form as he or she could ensure that your injuries and their impact on your life have been properly represented.
Once your Form A has been submitted, along with Form B (which is a medical assessment completed by your doctor), any receipts for expenses that can be directly attributable to your injury, and the 45 Euro fee, the Injuries Board will contact the Respondent to ask for their consent to your assessment. They have 90 days to reply and should they fail to respond their consent will be considered to have been given by default. Should they withhold their consent; the Injuries Board will issue you with an “Authorisation” to continue your claim through court action.
Your solicitor would be able to assist you with gathering all of the evidence and documents needed for your foot injury compensation claim, for use in your Injuries Board application for assessment and in direct negotiations with the negligent party’s legal representatives. Should your case go to court, your solicitor would already know the background information of your claim and would be in a good position to ensure that you receive the maximum possible compensation award.