Head Injury Compensation Claims
Because the value of head injury compensation claims can be considerable, claims for head injury compensation are frequently dealt with by Ireland´s High Court and receive significant coverage in the media. Catastrophic head injury compensation claims often have to factor in a lifetime of medical care for the victim and, as such, what seem huge sums of compensation can be awarded.
Head injury compensation claims are also made for accident victims who have suffered relatively minor to moderate injuries to the head neck and face. While such injuries may be less severe from a medical point of view, the injuries can appear just as serious for the victims.
Due to the difficulty in assessing the long term implications of a head injury for future health, and problems with assessing mental health issues and brain function, head injury compensation claims require considerable preparation and investigation. Consequently, head injury compensation claims should only ever be undertaken with the help of an experienced head injury compensation solicitor.
Eligibility to Make Head Injury Compensation Claims
If you or a loved one has sustained a head injury in an accident, you may be entitled to make a claim for head injury compensation in Ireland, provided that the accident which led to you sustaining a personal injury was primarily caused by the negligence of a third party. It must also be demonstrated that the negligent third party legally owed a duty of care to you, and that the duty of care was breached – which led to you sustaining a head injury.
What is a Duty of Care?
A duty of care is a legal responsibility to protect members of the public from coming to harm. Property owners have a duty of care to all who are invited onto their property, supermarkets have a duty of care to ensure that the shop is kept safe, and employers have a duty of care to their employees to keep the workplace safe and free from hazards. On the roads, every driver has a duty of care to ensure other road users do not come to harm. When a duty of care is breached due to negligence, and a person injury is sustained, it is possible to make compensation claims in Ireland.
Assessment of Head Injury Compensation Claims
Head injury compensation claims should be based on professional medical opinion, with injuries assessed together with their implications for long term health, how this affects the claimant’s ability to earn an income and any deterioration in the victim´s quality of life. Such assessments may need to be made by a number of medical specialists, depending on the nature and severity of injuries concerned. It is the testimony of medical experts which will be used to support any claim for head injury compensation. Making head injury compensation claims through a personal injury solicitor will ensure that the best medical experts are arranged to substantiate a claim, and the strongest possible case for compensation is presented.
Statute of Limitations and Head Injury Compensation Claims
In Ireland, the Statute of Limitations stipulates that a claim for head injury compensation has to be filed within two years from the ‘Date of Knowledge’ of an injury. Although this is often the date of the accident which caused the injury, head injuries may not always be immediately apparent. It is the date on which injuries are diagnosed which counts as the “Date of Knowledge” and which is taken as the start of the limitation period in Ireland.
Head injury compensation claims for children are governed by the same rules; however the application of the time limit is delayed until the child becomes a legal adult. Claims before this time must be initiated by a ‘Next Friend’ on behalf of the child. A parent or legal guardian would usually represent a child as a ‘Next Friend’ in a head injury compensation claim provided that there was no conflict of interest and, as settlements in head injury compensation claims for children have to be approved by a judge, it is advisable to engage the services of an experienced Irish solicitor at the earliest stage of your claim.
Free Legal Advice on Head Injury Compensation Claims
If you or a love one has suffered a head injury in an accident for which you were not entirely to blame, it is important to seek legal advice about making head injury compensation claims for damages. Even minor head traumas can have serious repercussions for long term health, and claiming your full entitlement to head injury compensation will ensure that you do not have to suffer financially due to an accident which was not your fault. No compensation payment can make up for a devastating head injury; it can help however to ensure that the victim can lead as normal a life as is possible.
To find out if you have valid head injury compensation claims we invite you to call our free legal helpline for advice on 1800 989 995. You will speak directly with an Irish personal injury solicitor with experience in dealing with head injury compensation claims, who will establish that you have a claim for head injury compensation which is worth your while to pursue and guide you through what you should do next.
Our solicitors understand how traumatic head injuries can be for a victim and the family and we can assure you your call will be dealt with compassion and empathy. All calls will be taken in total confidence and are dealt with by solicitors who want to help you recover your full entitlement to compensation.