January 31, 2023
Healthcare law – a year in review.
Over the course of the last year, there have been many interesting judgements in the High Court and the Court of Appeal in relation to healthcare and personal injury law....
Anyone who has suffered a back injury will attest to the pain, suffering and loss of mobility it can cause. Back damage or injuries can develop slowly over time, perhaps due to poor seated or standing posture in a work setting, or suddenly, potentially due to a slip, trip, fall, or other accident.
Unfortunately, the nature of back injuries means that long periods of recovery may be needed before normal day to day life can resume, and in some situations, the damage is such that complete recovery may not be possible.
At Lavelle Partners, having successfully managed many cases of back-related personal injury, we understand that it is not just the injured party who suffers. Often immediate family are left trying to deal with the emotional and financial implications of the damage caused. If the person injured is the primary income earner for the family, their inability to return to work following the injury can lead to significant money worries. Or if it is the individual who routinely cares for the day to day needs of the family who is injured, this can place additional stress on the other family members.
If your back injury was caused by the negligent actions of another person or business entity, it might be possible to bring a claim against that party to bring them to account for their actions (or inaction), and, in addition, you may wish to seek recourse for the pain, suffering, loss of amenity, and monetary costs the injury has caused.
By entrusting Lavelle Partners to manage your claim, you can be assured we have the best interests of you and your family at the heart of what we do. We will work tirelessly to support and guide you through the claims process with empathy, compassion, and care.
You may be able to bring a claim for a wide range of back injury types, including (but not limited to):
In most cases, it will be immediately apparent that a back injury has occurred due to extreme pain. Other symptoms include pain radiating down the legs, and pain which worsens when moving, bending or lifting, and muscle aches.
Back injuries can take many months or years to become apparent, such as those caused by poor working posture (e.g. when seated at a desk or when working on machinery). Employers have a duty to protect workers from this type of injury by providing health and safety assessments of working posture and making corrective changes.
Accidents, however, can cause serious back injuries due to sudden trauma and force, perhaps due to a falling object, being hit by a moving object, motor vehicle accident, slip, trip, or fall.
Back injuries can be caused by accidents due to negligence in a range of contexts including (but not limited to):
Regardless of where the injury occurred, it will be necessary to establish who is at fault for the accident which led to the back injury. Depending on the situation, this may be a local authority, public entity, building contractor, employer, a private company, or an individual.
To bring a claim against a negligent party for your injuries, it will be necessary to prove:
This means that in some contexts, it may not be possible to make a claim because there is a lack of proof that negligence occurred. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.
If you are unsure if the circumstances of your back injury are grounds for a claim, please contact one of our back injury solicitors today who will take the time to listen to the details of your case and advise you of your legal options.
Claims following back injuries due to negligence may cover two areas of loss:
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for back injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at firstname.lastname@example.org
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
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