INJURY*

Achilles Tendon Injury Claims*

The Achilles tendon is located at the back of the leg and is the largest tendon in the body and can be injured in all accident types, from work accidents*, road traffic accidents* to accidents in public places*.

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What are the Symptoms of Achilles Tendon Injuries?

The main symptom of Achilles tendonitis is pain and swelling in the backside of your heel when you walk or run. Other symptoms include tight calf muscles and limited range of motion when you flex your foot. This condition can also make the skin on your heel feel overly warm to the touch. The Achilles tendon permits people to point their toes toward the floor and rise on your tiptoes. Injury to the tendon is commonly suffered by sports athletes; however, it could be any member of the public. Damage to the Achilles can be mild or moderate and feel like a burning pain or stiffness in the lower part of the leg. 

Who is Liable?

Making an Achilles tendon injury claim* will involve determining who is liable for the injury and then submitting all details to the Injuries Board for assessment. A solicitor can do this for you should you be unaware of the steps to take.

Common Injuries

If a person ruptures their Achilles tendon, it is probable that there will be a snapping sound when it occurs. A very sharp sense of pain will be felt in the heel or lower leg which prevents a person from standing upright. To make a full recovery from an injury medical treatment and rehabilitation is often required.

  • Strain – the ripping of the muscle fibres which is due to over stretching
  • Sprain – aggressive twist or pulling of the ligaments
  • Tendon rupture – a partial tear of an area of the tendon
  • Tendinopathy – the progressive decline of the tendon
  • Tendonitis – inflammation of a tendon

Causes

Achilles injuries are likely to occur to people who do things where they quickly speed up, speed down or pivot. A select few of such examples of these activities include:

  • Running
  • Football
  • Tennis
  • Basketball

Furthermore, it is not only sporting activities that contribute to damaging an Achilles tendon, these movements can also leave you more exposed to injury:

  • Wearing high heels which stresses the tendon
  • Having ‘flat feet’, whereby the arch of the foot collapses, stretching the muscles and tendons
  • Having too tight of leg muscles

Achilles Surgery Negligence

In certain circumstances, it can become possible that a medical practitioner was negligent in their duties when performing surgery. Negligence can be proved if the surgeon delivered treatment to a patient that was deemed as substandard care. Examples, where this may be the case, include:

  • The healthcare professionals failing to correctly diagnose the injury.
  • Making mistakes during the surgical procedure.
  • Failing to administer the correct medication or the correct dosage necessary.
  • Failing to notify the patient about the potential risks attached to undergoing the Achilles tendon surgery.

Treatment

Treatment for an Achilles tendon injury will depend on the severity of the injury. Minor to moderate injuries tend to heal on their own but there are several ways which can help to speed up the process:

  • Rest your leg and avoid putting any unnecessary weight on it. The best way to do this is to use crutches.
  • Keep swelling down by wrapping it tightly in a bandage – this is called compressing your leg.
  • When sitting, raise your leg if possible.
  • There are inserts you can buy for your shoes called heel lifts that help protect the tendon from further stretching.
  • Ice your leg.
  • Take anti-inflammatory painkillers.
  • Attend a physiotherapist and practise strengthening exercises.

Recovery may take a few weeks to a few months depending on the severity of the injury. If you are unsure about what activities you can do when injured, it is best to ask your doctor their advice. It is best not to expect to be able to retain the same level of activity you had before the injury. Best advice is to ease yourself into physical activity. You will know you are on the mend when you can move your leg more easily, your leg starts to feel as strong as your uninjured leg and you don’t feel any pain when you walk, jog or run.

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How do I make a claim?

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.

  1. Prepare the information for a solicitor

    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:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • If any emergency services attended the scene, and their details
    • Details of your injuries
    • Hospitals/Doctors attended with your injury
    • Any pictures you may have taken of the scene of the accident and/or your injuries
    • Details of any witnesses
    • Is there CCTV that may have captured the accident?
  2. Solicitor becomes your trusted advisor

    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.

  3. Solicitor obtains a medical report

    The most important document needed to prove your injuries is your medial 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.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your injury claim* will be submitted to the Personal Injuries Assessment Board for assessment. You 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 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.

  5. Possible case outcomes

    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 of your recovery, as they focus on settling your case.

At Tracey’s 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 car 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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Case Settlement

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

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

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 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.

What are the Legal Time Limits?

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 Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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