Eye Injury Claims *
Eye injury claims * arise when a person experiences an accident causing injury to their eye. An eye injury can refer to damage to the eye from a direct blow to the eye. An accident can not only affect the eyeball itself but also injure the surrounding area of the eye as well as tissue and bone structure and eye socket, including the ligaments that control eye movement. In serious cases, it can cause blindness which has a profound effect on a person’s day to day life.
There are many forms of eye injury claims * ranging from medical negligence * to some form of accident, for example, an accident at work, on the road or in a public place *. Eye injuries can have a serious impact on the injured person’s life, from not being able to carry out simple tasks to not having the ability to work.
If you have been injured as a result of another person’s negligence then you may be entitled to pursue a personal injury claim*. The majority of eye injury claims * are made through The Injuries Board. With the exception to this rule being if the injury was sustained due to medical negligence * – in this case, you will need to contact a solicitor to discuss your options.
In order to have a successful claim, you must be able to prove liability. You will need to prove that you sustained your injuries as a result of negligence or an accident that was caused by another party. In order to prove liability, you will need to ensure that precautionary steps were not taken to prevent any injuries from happening.
Common injuries sustained have included:
- Superficial eye injuries – A superficial eye injury is considered a minor injury. But given that the area around the eye bruises very easily, they can appear to be much worse than they are.
- Fractures or breaks of facial bones
- Chemical burns
- Cuts or lacerations
- Scratches and abrasions
- Radiation burns
Eye Injury Causes
There are many situations in which an eye injury can happen. Any accident or act of negligence can lead to an injury to the eye. Here are some of the common situations and causes:
Every employer is required to provide a safe environment for people to work in. Eye injuries can happen as a result of:
- Slip and fall at work *
- Dangerous machinery *
- Defective machinery *
- Defective tools *
- In cases where personal protective equipment and eye safety gear is not provided *
- Unsafe working environment *
- Poor lighting in work *
- Inadequate training or lack of training *
- Contact with hazardous chemicals
It is important to report the injury to your manager immediately, have them document the incident too. Then seek medical attention as a first priority, regardless of how minor you think the injury is.
In a road traffic accident *
As you can imagine, a road traffic accident * can lead a multitude of injuries and the injuries sustained will depend on the nature of the accident, speed and your position in the car, also on whether or not you are wearing a seatbelt. Most common causes of road traffic accidents are:
- Driving under the influence of alcohol
- Driver fatigue (driving when tired)
- Failure to wear a seatbelt
- Failure to adhere to zebra crossing areas
These accidents can happen in all forms of common transport from cars and taxis, to buses, lorries, motorcycles, bicycles and can also involve pedestrians using the footpaths.
In these sort of accidents * it is important to contact the Gardaí to report the accident and to get details of the person at fault for the accident and seek medical attention immediately. You will then need to submit an application to the injuries board for your eye injury – a solicitor can do this for you and help you through this process.
In a public place
When accidents happen in a public place *, such as a supermarket, shopping centre, restaurant, hotels or any other public location, they generally happen for the following reasons:
- Slip and fall on wet floors *
- Objects falling from a height *
- Obstructions in walkways leading to a trip and fall *
- Uneven or broken pavements *
- Injured on a business’ property due to hazardous conditions *
When an accident happens in a public place *, it is important that you report the accident to the appropriate person, for example, for an accident in a hotel * you would report the accident to the manager on duty at the time and then seek medical attention. Making a claim of this sort means that you would need to submit an application to the Injuries Board. A solicitor can help you submit your application and walk you through the process.
As a result of medical negligence *
Medical negligence claims for eye injuries * are treated a little differently than other accidents. The injuries board does not assess these claims and a solicitor will be needed to bring the claim forward from the outset. Injuries to the eye in these cases can happen in the following scenarios:
- Eye-related surgery
- Laser eye surgery
- LASIK surgery
- Ophthalmology negligence (ophthalmology is a branch of medicine that focuses on the function, anatomy and diseases of the eye)
- Cataract surgery
- Management and/or removal of a foreign body in the eye
- Corneal abrasions
- Diabetic retinopathy
Medical negligence * occurs in these situations where the medical practitioner:
- Misdiagnoses a patient
- Fails to act on or notice an illness or medical need
- Fails to provide expected standard of care to the patient
- Performs an error during surgery
- Fails to interpret test results correctly
- Does not communicate risks to the patient before surgery
- Performs surgery without consent
- Performs surgery on the wrong part of the eye
- Does not administer the correct prescription of drugs
Speaking with a solicitor as soon as possible after the event is vital for your claim as you have 2 years less one day following the date of knowledge (date of the accident or date when you realised you were injured or subject to medical negligence) to make a claim.
TELL US ABOUT YOUR CASE
If you would like to discuss this topic in more detail with our accident solicitors * or medical negligence team * you can contact us on 01 649 9900 or email firstname.lastname@example.org for a confidential discussion.
With over 30 years’ experience in accident claims and medical negligence *, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice