Helpful Information
A cheekbone fracture, also known as a zygomatic or malar fracture, occurs when the zygomatic bone, which forms the prominence of the cheek, is broken. This type of fracture is typically caused by blunt trauma to the face, such as from a fall, accident, or physical assault. The injury may involve adjacent structures like the eye socket, leading to complications such as bruising, swelling, and difficulty in eye movement. Symptoms often include pain, facial deformity, and sensory changes in the face. Treatment usually involves surgical intervention to realign and stabilise the fractured bone. In scenarios where the injury is caused by negligence or wrongful behaviour by a third party, it may be possible to bring a claim for injury compensation.
When might negligence cause this type of injury?
Negligent behaviour causing a cheekbone fracture can include failing to maintain a safe environment, such as leaving hazards like uneven flooring or unsecured objects that lead to falls. Inadequate supervision or poor enforcement of safety protocols in contact sports can result in accidental blows to the face. Neglecting to ensure the use of protective gear, like helmets in dangerous work settings, can lead to facial injuries. Additionally, careless driving, such as speeding or failing to yield, can cause accidents where a victim’s cheekbone is fractured from the impact.
How is it possible to prove negligence by a third party?
To prove negligence, it is necessary to establish that they owed a duty of care, breached that duty through actions or omissions, and that this breach directly caused the injury. Evidence such as witness testimonies, expert opinions, and documentation, such as accident reports and medical records, can demonstrate the breach and link it to the harm suffered. It must also be shown that the injury was foreseeable and that the victim suffered actual damages, such as physical injury or financial loss, as a result of the third party’s negligence.
How much compensation will be awarded?
This depends on factors such as the severity of the injury and the impact on the injured party’s quality of life. A simple fracture of the cheekbone where no surgery is required might result in general damages of up to €6,000. Serious fractures that require surgery and result in some form of facial disfigurement can result in damges of up to €50,000. Further information on this can be found in the Judicial Council’s Personal Injuries Guidelines.
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Flor McCarthy wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.
Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy
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John McCarthy is a seasoned solicitor with more than 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.
John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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