A rib injury claim arises following an accident or incident where blunt force is applied directly to a person’s ribs. This can result in a fracture, break, bruising or tissue and muscle damage to the ribs or the structure which supports them in the rib cage, such as cartilage or muscles.
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If you have sustained rib injuries which were caused as a result of the negligence of another party, you may be entitled to make a claim for damages. In order to do this, an important first step in this claims process is determining who is liable for the cause of the injuries which you have sustained. This will vary depending on the circumstances in which your injuries were sustained. Rib injuries can occur in a number of circumstances including accidents at work, sports injuries, road traffic accidents and accidents in a public place. Determining liability will vary depending on where the accident occurred. In some cases, these injuries may also be sustained as a result of negligence.
Rib injuries can often be quite serious and can leave the injured person with reduced mobility and unable to carry out everyday tasks for a certain period of time. In most cases, these injuries can take 4-6 weeks to heal correctly and can be caused by a number of different reasons.
Following a workplace accident, your employer could be found liable for the injuries which you have sustained. They have a duty and responsibility to ensure the health and safety of their employees at all times throughout the course of their work. Failing to carry out certain procedures and practices such as training and risk assessments or providing personal protective equipment (PPE) could result in them being seen as liable for any accidents which occur. Following a risk assessment, the results of this should be made available to employees so that they are aware of any potential hazards or procedures which they must follow in order to prevent an accident. Some examples of workplace accidents that have led to a rib injury are:
The most common type of accidents associated with this is slip, trip and fall accidents. These occur for many reasons but are often caused by wet floors and spillages. Many of these accidents occur on commercial properties such as shops or restaurants. It is often the manager or occupier of the premises who is seen as liable for any injuries sustained. As many of these injuries are caused by spillages it is important that there are procedures and practices in place on how to ensure that they do not become a hazard. They should be cleaned up in a timely manner and if this cannot be done there should be warning signs in place which make members of the public aware of this.
Due to the physical nature of sport, it can be difficult to prevent injuries from being sustained. Despite this, managers and clubs have a responsibility to ensure that they take reasonable steps to ensure that no injuries are sustained. They could be found liable if an avoidable injury was sustained. Rib injuries can be quite common in these cases and can take some time to correctly heal.
Following road traffic accidents, injuries can be sustained by drivers, passengers or pedestrians. If there has been a clear breakage in the rules of the road it can be easy to determine liability. In some cases, it can be difficult to determine this depending on the circumstances in which the injuries were sustained.
This is one of the leading causes of accidents at work as failing to wear the correct equipment can lead to various injuries being sustained. PPE includes footwear, clothing, hats, gloves and facial masks and protection. Failing to wear the correct clothing can lead to rib and chest injuries which could leave the injured person unable to attend work for a certain period of time. This equipment should be provided by the employers but it is the responsibility of the employees to ensure that they are wearing this equipment.
This is another cause of the injury which is associated with workplace accidents. All employees should be provided with adequate training prior to carrying out their work. This helps to prevent accidents and injuries and also makes employees aware of practices and procedures which they must follow.
Spillages and wet floors can cause people to trip and fall and can occur in work or in a public place. If they were to land on their chest it could cause ribs to break or chip. This can also lead to internal injuries as the rib cage is there to protect the heart and lungs. Impact on the rib cage could lead to further injuries involving the internal organs.
Road traffic accidents are a common cause of rib and chest injuries. Following an accident, the impact from the hit can cause pressure to be put on the ribs leading to injuries such as chips and breaks. Serious rib and chest injuries can lead to longer recovery times and reduced mobility.
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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.
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:
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.
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.
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.
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 ask@traceysolicitors.ie to tell us about your case.
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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 are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
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 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.
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 LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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