INJURY*

Clavicle Fracture Claims*

Broken clavicle or broken collarbone claims are a common personal injury* and can happen in several different accident types. Find out more below about making a claim for a broken collar bone*.

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What is a Broken Collar Bone?

The clavicle, also known as the collarbone, is the bone which joins the shoulder bone (scapula) to the sternum (breast bone). Each year, there are a large number of people who fracture their clavicle and it is a very common injury to sustain. Injuries are usually caused as a result of trips and falls or heavy impact placed on the collarbone from a hard surface. The healing process following a clavicle injury can be quite long and in some cases it can leave the injured person with reduced mobility leaving their day to day activities a struggle at times. During this time the muscles in the surrounding area may weaken as a result of immobility and in most cases physiotherapy may be needed to ensure that the injured area can restore full function again.

Who is Liable?

An important first step in the claims process is determining who is liable for the cause of the accident. This will depend on the environment in which your injuries were sustained. Following an accident in a public place it will generally be the occupier of the premises or the local authorities and council who is found to be liable. This also applies for occupiers of private land. This information is set out in the Occupiers’ Liability Act 1995. They have a duty of care to ensure the health and safety of all visitors to their premises and a breach in this could lead to injuries being sustained.

Following an accident at work the employer is likely to be found liable as a result of negligent behaviour. They need to ensure that there are health and safety regulations in place so as to ensure that the risk of an accident occurring is minimised. In order to do this they are required to provide training and personal protective equipment (PPE) to all employees. It is also important that employees are made aware of potential risks associated with their work prior to carrying out the activities involved with this. This can help to prevent workplace accidents and injuries.

Broken Collarbone Symptoms

  • Bruising and tenderness
  • Severe pain
  • Swelling
  • Reduced mobility
  • Difficulty in moving your arm and shoulder

Causes

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. Clavicle injuries* usually occur in the workplace because of a slip, trip or fall as a result of:

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 fractured/broken collar bone 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 accidents involving a broken collarbone 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
  • Tip 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 whereby a person could suffer a broken collar bone as a result 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 a broken or fracture clavicle have been:

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We use our expert knowledge and 30 years’ experience to give you the voice you need. We use non-legal language and provide practical and impartial advice through every stage of the process!

Call us today on +353 1 649 9900 or contact us online.

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.

Contact Us

Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

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