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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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.
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.
A workplace that is not properly maintained or does not have the adequate safety measures in place may present the risk of an accident occurring to an employee. 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, 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:
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 fractured clavicle have been:
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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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