Wrist injuries claims are a common occurrence in cases where a person sustains an injury to their wrist as a direct result of another person’s actions/inactions. These injuries can be caused by accidents at work, car accidents or slips and falls in a public place.
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An important first step in the personal injury claims process is determining who is liable for the injuries that have been sustained. This will be determined based on the circumstances in which the injuries occurred. As these injuries are quite common and can happen in a number of circumstances it can sometimes be difficult to determine who was at fault.
Following a workplace injury, it is often the employer who is found liable for the injuries sustained. Employers have a duty of care to ensure the health and safety of employees throughout the course of their work. This includes carrying out frequent risk assessments in order to identify hazards and also providing adequate training and protective equipment which can help to prevent accidents in the workplace. It is up to them to ensure that employees are aware of the health and safety regulations which are in place. Failing to do so could result in employer negligence if an injury has been sustained in the workplace. Common causes of wrist injuries at work are:
Depending on where the accident occurred it is likely that the occupier or manager of the premises is found liable. This is stated in the Occupiers’ Liability Act 1995. The Act states that an occupier of premises owes a reasonable level of duty of care to any visitors on their land. This means that they should have regard for their health and safety at all times and ensure that they do not sustain any injuries while on the premises. This also applies for injuries sustained on private land, where the owner of the land will be found liable for any injuries sustained by visitors. The most common cause of public place accidents are slips, trips and falls due to:
Following a road traffic accident, it is important to determine who caused the accident. If the other driver acted negligently which led to the accident occurring then they will be found liable for any injuries you have sustained. If you were a passenger in a car it can be either driver that is found liable. Some examples of road traffic accidents involving a wrist injury have been:
Caused by stretched or torn ligaments or tearing of the muscles and tendons.
This is the most common type of wrist injury and can be caused for many different reasons such as trips and falls or an accident at work.
This is a disorder which causes discomfort in the tendons of the upper body. RSI is very common among office workers who would spend a long time typing at a computer screen each day. This injury can cause chronic pain and discomfort for those affected.
A common cause of this is regular, repetitive strain on the hands, fingers or wrists, This strain puts pressure on the nerves which facilitate movement of the fingers and hands. Carpal tunnel symptoms include numbness and a tingling sensation in the affected area.
Tendinitis is the name given to inflammation of the tendons. There are a number of different variations of this injury and it can occur all over the body. Symptoms can be hard to determine as there are many different types of injury.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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