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. In serious cases, it can cause blindness which has a profound effect on a person’s day to day life.

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Common Eye Injuries

An eye injury 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. 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.

Common eye 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
  • Infections
  • Scratches and Abrasions
  • Radiation Burns

What are the Causes of Eye Injuries?

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:

In the Workplace

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

On the Road

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:

  • Speeding
  • 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 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 walking through facilities where you can be hit by a flying object, such as golf courses.

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

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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 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.

  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. 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.

  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 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 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 LLP

We draw on more than 35 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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