Compensation

ViP3r

Hey guys,

What is the rough amount of damages awarded to someone suffering a cut on the heel leading to significant pain and scarring. It would be around an inch to an inch and a half, with a huge bump developed around it. The subject would be female, so the scar would be apparent in heels etc, and would have slight discolouring. There's no issue with liability, I'm just curious as the amount of damages for general pain an suffering that may be awarded. The subject would have been unable to walk for a few days.

Any feedback is much appreciated

Cheers guys

tommy21

Consult the book of quantum - but essentially no real way to say for sure until it goes through PIAB (estimator here: http://www.injuriesboard.ie/eng/Estimator/#ankle) Any good solicitor will be able to give you a good guestimate, though you don't strictly need one for PIAB (about 80% of people opt to though I believe) - has there been loss of earnings because of it? Did the person go to the doctor and get all this recorded? Did they return to the doctor a few times to monitor progess? Is there ongoing pain? All relevant questions that your solicitor will ask you or you will have have an opportunity to answer on the form.

Milk & Honey

The big issue is whether or not here is ongoing pain and disability.

ViP3r

has there been loss of earnings because of it?

Yes they are seeking that seperately


Did the person go to the doctor and get all this recorded?

Yes, immediately after

Did they return to the doctor a few times to monitor progess?

Yes they had to take time out every day to see a doctor

Is there ongoing pain?

It's still tender a few weeks later. The bump is quite noticeable and the subject is female and suffers from emotional distress because of this.


The book of quantum is vague about this type of injury, but is emotional dostress a valid consideration?

tommy21

ViP3r wrote: »

has there been loss of earnings because of it?

Yes they are seeking that seperately


Did the person go to the doctor and get all this recorded?

Yes, immediately after

Did they return to the doctor a few times to monitor progess?

Yes they had to take time out every day to see a doctor

Is there ongoing pain?

It's still tender a few weeks later. The bump is quite noticeable and the subject is female and suffers from emotional distress because of this.


The book of quantum is vague about this type of injury, but is emotional dostress a valid consideration?

Emotional distress will be taken into account but to be honest it is so difficult to prove and generally so underrated anyway by the PIAB that it is not a very strong footing (sorry :P) What counts in terms of deserving a higher award is the pain and distress from the initial injury as recorded by your GP, and any subsequent follow-up for the same complaint over time. If the person is sent to an independent doctor (which I feel they undobhtedly will in an injury such as this), all this will be examined and weighed up for its merit. It is here they might bring up the following re emotional distress in that what could affect any claims surrounding an attempt to make a claim for emotional distress (along with the physical ill-effects) is whether the claimant has any history of mental illness, such as depression etc. Having depression currently or in the past won't mean you would get nothing, just that it would be taken into account.

To me (as someone with no training in the area and not offerred as legal advice, the same as the rest of my advice throughout post), it sounds like a superficial injury that will 100% heal in time. If there is scarring etc. that is likely to last into the future then you need to see if your GP agrees and ensure they note that in medical report (or get them to submit a supplemental medical report if the first one has already gone in).

In terms of costs: The application fee for PIAB is quite small, something like 50 euro. If you go with a solicitor, you must pay his fee yourself. A doctor's medical report costs anywhere from 300-500 euro (more if supplemental reports), which you must pay up front but will get back when your claim is settled (if settled successfully). While physiotherapy etc. is not really counted as an opinion by the PIAB (as in a report from them means nothing), any costs relating to this will be covered (e.g. sessions). Expect to wait 5-6 months from date of claim to outcome and a further month thereafter for person's insurance company to pay out if you are successful (if applicable i.e. if you are claiming against their insurance rather than the individual).