We rely most heavily on our vision for everything that is essential to our lives. This is what makes an injury to the eyes one of the most devastating and life-changing injuries one can go through, especially if it was the result of an accident that wasn’t your fault. If this is the case for either you or a loved one, then Smith Jones Solicitors are here to help you obtain rehabilitation, support, and compensation for your injuries.
Eye injuries can occur as a result of a variety of different accidents, ranging from relatively minor injuries like cuts and scrapes to more severe injuries. These can, unfortunately, result in partial or full blindness, eye diseases, permanently skewed vision or even loss of the eye itself. Smith Jones has advised injured people in relation to many eye injuries, including:
- Cuts and deep lacerations
- Blunt force trauma
- Fractures to the orbital bone (eye socket)
- Medical negligence injuries (such as negligence in medical diagnosis or treatment, surgical procedures, or post-surgery care)
- Impaired vision in one or both eyes
- Loss of vision in one or both eyes
- Loss of eye due to an accident
- Laser corrective surgery that went wrong
- Injuries resulting from an industrial accident or disease
Eye injuries can be caused in a variety of accidents, the most common ones being accidents at work (especially construction, dangerous machinery and farming), firework displays and playground accidents. These injuries can take the victim anywhere between a couple of weeks to an entire lifetime to recover. If you have suffered an eye injury after an accident that wasn’t your fault, then the team at Smith Jones can help you claim the compensation you deserve.
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FAQ About Eye Injuries:
LIABILITY FOR EYE INJURIES
Proving liability will be one of the first steps we take after understanding how your accident occurred. We will also help you collect the required evidence to determine who is legally responsible for your injury. After a medical report has been obtained, evidence will include witness statements together with possible police reports, mobile camera or CCTV footage of the accident and/or expert testimony. Ensuring all evidence is correctly documented as early as possible is one of the main reasons to contact a solicitor as soon as you can after your eye injury occurred.
Who pays my compensation?
The person or organisation responsible for your accident will be liable to pay the compensation which includes elements of your rehabilitation, as well as any damages which have arisen as a result of the accident that caused your injury. The defendant’s insurance company is usually the party making this payment. In the scenario of a road traffic accident, the driver who caused the accident will be liable, but the motor insurance provider will pay the compensation award.
If the accident was caused by a trip or slip on someone else’s property, such as a supermarket accident, then the owner or operator of the premises will be liable for your damages. Claims can be brought even if you are unsure about who the responsible party is. It is our job to support you by gathering the evidence which confirms who is the responsible party is for your accident and therefore is subsequently liable for your claim.
EYE INJURIES IN THE WORKPLACE
If your eye injury occurred in your place of work, then your employer may be liable for your damages. Under the Health and Safety at Work Act 1974, your employer has a legal duty of care to protect your health and ensure your safety at work.
One of the most significant cases in the history of personal injury law was related to a workplace eye injury (Paris v Stepney Borough Council – 1950). The case concerned an employee who sustained an eye injury. The claimant was a garage-hand and personal protective equipment was only provided to welders or tool grinders. The resultant House of Lords decision went on to significantly affect the law relating to the duty of care an employer owes to the people who work for them. If an employer breaches the duty of care for their employees, such as a failure to provide adequate safety equipment, then they may be held liable.
HOW IS EYE INJURY COMPENSATION CALCULATED?
Compensation amounts vary and are dependent on the extent of the injuries you have sustained. The resultant rewarded or negotiated damages are intended to compensate for the overall financial and personal impact of an eye injury. Court awards for eye injuries are usually significant, reflecting the serious impact they have on those who unfortunately suffer with them. The Judicial College guidelines which the Courts, insurers, and solicitors use to estimate compensation recommend awards from £3,460 to £7,650 for a minor eye injury, and up to £354,260 for total blindness (excluding other damages such as loss of earnings).
NO WIN NO FEE
The majority of our cases are funded on a ‘No Win No Fee’ basis. This agreement is also known as a conditional fee agreement, which is often abbreviated to CFA. This means there is no financial risk to you in pursuing a claim and you will only be liable for our legal costs should you be successful in your claim.¹³
If we think your case may not be successful, then we will do our best to inform you of this during your initial consultation or as soon as this is determined. A No Win No Fee case arrangement does not suit everyone, and we are happy to discuss the various options of how you choose to fund your claim. We will help you decide what best fits you and your claim.
Our experts are ready to assist you. We handle thousands of personal injury claims every year. In our experience, very few cases are the same despite some similarities between them.
For more detailed information regarding funding and legal fees, you can speak to a member of our team on 0800 195 9590. Read further information on other upper body injuries here