Is it possible for me to claim thumb injury compensation? I know it is only a small injury but it has seriously affected my life as I cannot drive to work or my children to their activities.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You would be entitled to claim thumb injury compensation if it can be proven that the injury was caused by a negligent party. Once this has been established, you can begin the process of claiming compensation for your injury. The negative impact your injury has had on your life should be taken into consideration when calculating the amount of compensation you are entitled to and it is recommended that you engage with a solicitor who can assist you in representing this important element in your application Form A to the Injuries Board and who can also collect the evidence and other documents needed to ensure a successful claim.
It is well established that thumb injury compensation claims are calculated by considering the pain and suffering experienced by the victim. Sometimes it is also possible to be compensated for any quantifiable emotional trauma experienced. However, few people realise that another factor that is considered when calculating a compensation claim is that of “loss of amenity” which refers to the impact an injury has had on the victim’s quality of life. This can range from a victim being unable to perform day-to-day tasks, to an amateur guitarist being unable to enjoy an activity he previously enjoyed. That you cannot drive your children to their activities may also fall under the umbrella of loss of amenity.
Another element to thumb injury compensation is that any expenses you may have incurred can possibly be recovered. Such expenses may include medical costs, public transport fares if you are unable to drive to work or loss of income if you are unable to work at all.
You should be aware that if a negligent party admits liability, their insurance company could approach you with an early offer of thumb injury compensation. Such offers rarely include the elements of loss of amenity and can neglect to consider any financial implications. Offers such as these usually come at the time when the victim is at their most vulnerable, and perhaps when the full extent of their injuries has not yet been revealed. Should you receive an unsolicited offer from the negligent party’s insurers, it would certainly be in your best interest to refer it to an experienced solicitor who can determine whether or not it is an adequate amount worth accepting.