INJURY*

Back and Neck Injury Claims*

Back and neck injuries can occur for several different reasons, ranging from mild to severe. Injury can cause damage to the soft tissues and muscles which requires medical treatment and rehabilitation. Injuries can occur at home, in the workplace or in a public area.

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What are the Common Types of Back and Neck Injury Claims?

When a person suffers an injury it is crucially important to seek medical attention immediately. If the injury goes untreated it is likely to deteriorate and cause further damage. If the injury was sustained through no fault of your own another party may be held liable.

Back Injuries

Slipped Disc

A slipped disc injury occurs in the lower back and happens due to excessive bending and lifting. The initial pain is likely to be sudden and severe which can be in certain circumstances be worsened by general actions such as sitting and coughing.

Sacroiliac Joint Dysfunction

This injury relates to severe pain at the back of the pelvis, the lower back can also suffer. Aching at the base of the spine and locking of the joints are common symptoms.

Spondylolysis

Spondylolysis is a stress fracture of the lower back and is caused due to repeated arching and twisting of the back.

Neck Injuries

Muscle Strain

A neck strain is an injury to the muscles that attach to and move the upper part of the spine. Some of the few symptoms include muscle spasm and reduced flexibility. One of the most common causes for this injury is an individual working in an office who uses their shoulder to rest the telephone on. This form of injury can be life-lasting in some cases. To avoid muscle strain, it is advisable to ask your employer to invest in a hands-free headsets.

Whiplash

Whiplash is an injury which is suffered due to the hyperextension of the neck and head. Symptoms of whiplash can include numbness, severe pain and disturbed sleep patterns. The most common cause of whiplash injuries is as a result of the car accidents*.

What are the Causes of Back and Neck Injury Claims?

In the Workplace

A workplace that is not properly maintained or does not have the adequate safety measures in place may present risk of accident to the employees. Back and neck injuries* usually occur in the workplace because of a slip, trip or fall because of:

Other causes of these injuries may be due to repetitive strain for those who work with repetitive movements daily, for example, warehouse, construction and assembly line workers.

In such cases, liability may rest on the employer if it is proven that they did not provide a hazard free working environment.

In Public Places

In public places, whether it be shops, supermarkets, business premises, public parks, playgrounds or simply walking along a footpath, there is an expectation that the area would be relatively risk and danger free. In cases where the owner/occupier of a public place or business premises failed to uphold their duty of care and not provide a risk-free environment and you can prove that your neck or back injury could have been avoided if the occupier had taken necessary steps to provide a hazard free environment, then you may be entitled to pursue legal action.

Most common of accidents involving neck or back injury in public places have been:

  • Slip and fall on a wet floor in a shop/supermarket
  • Trip and fall over uneven flooring
  • Fall in a stair well because of broken or inadequate handrails
  • Trip and fall because of inadequate lighting
  • Slip and fall on wet floor/broken glass in a pub or nightclub
  • Tripping on a pot hole or poorly maintained footpath
  • Accidents in playgrounds and public parks

On the Road

On the road there are many scenarios where by a person could suffer a back or neck injury* because of another person’s actions/inactions. In these cases where you can prove that your injury could have been avoided if the other party had not acted negligently, you may be entitled to pursue legal action. Some examples of road traffic accidents involving neck or back injury have been:

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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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