Elbow Injury Compensation Claims
Elbow injuries can be sustained in a wide range of different settings and circumstances but by no means will all accidents give rise to Elbow Injury Compensation Claims.
- As specialist personal injury solicitors we are accustomed to dealing with and bringing elbow compensation injury claims for our clients who have suffered an injury.
- Elbow injuries can be very painful particularly if it is a fractured elbow and depending upon the severity of the injury elbow injuries can take a long time to recover.
- If you are thinking of bringing an elbow injury compensation claim then you have come to the right place.
- This page will tell you all you need to know about bringing elbow injury claims, the sort of compensation you could expect to receive and what you need to consider before choosing your solicitor.
- If you have any questions about the personal injury process and what it entails then please feel free to contact us and we will be pleased to answer any questions so that you are able to make an informed decision before deciding to proceed with your claim.
What are the common causes of Elbow Injury Claims?
As you would expect, Elbow injury compensation claims can arise in a whole range of different circumstances.
Here are some of the most common types of accident which can result in elbow injuries:
Accidents at work
There are a host of potential causes of elbow injuries in the working environment. For instance while working at a desk there can be a huge amount of repetitive movement which over time can trigger inflammation leading to pain in the elbow, forearm and wrist.
This type of injury can also happen when repeatedly lifting items from say a workbench to another area. Again, over time the tendons on the inside of the elbow inflame and can become increasingly painful.
The incidence of accidents at work can be high in the context of construction and manufacturing industries. There can be of course an appreciable of the amount of heavy lifting and the running of industrial equipment in itself brings with it a higher risk of injury.
Similarly, people who are required to work at heights as part of their everyday job are also at risk of suffering personal injury and injuries in particular involving the elbow.
It is easy to see that if you suffer a fall from height and land awkwardly on your elbow you are likely to suffer a serious injury such as a fracture or a dislocation as well as suffer multiple injuries throughout the body.
Accident such as these will almost inevitably mean that you are unlikely to be able to work for some time and depending upon the injury it may be necessary for you to give up work permanently.
Accidents at work can often arise as a consequence of a combination of inadequate training, a lack of supervision, inadequate maintenance of equipment and sometimes a failure to follow health and safety procedures.
Your Elbow Injury Claims Specialists
If you have suffered an elbow injury whilst at work then we will be able to confirm if you are able to claim and if so we will be delighted to help you claim compensation for pain and suffering, your loss of earnings and on a no win no fee basis.
Contact us now and we will be delighted to answer any questions and help you to start and progress your claim so that you can recover the elbow injury compensation you deserve. The legal advice that you receive when you contact us will be free and without obligation.
Make a Personal Injury Claim to recover compensation on a no win no fee basis.
Accidents in Public Places
Accidents are common when people are out and about in public places there are many accidents involving trips and slips resulting in falls landing on to an outstretched arm.
For example you might have slipped on a wet floor in a shop or supermarket where there were no signs to warn of the danger or you could have injured your elbow following a fall caused by a tripping or slipping hazard on the pavement.
The elbow joint is an area of the body that can suffer a sudden impact in a fall and if the fall was caused by the owner or occupier of the land then you could be entitled to claim compensation and make an elbow injury claim.
Each personal injury claim will need to be looked at on its merits by your solicitor so that an initial assessment can be made to establish if the elbow injury claim arose due to the negligence of the owner or occupier.
If the claim is viable then your solicitor will be able to advise about the amount of compensation your elbow claim could be worth.
Elbow injuries from Slips, Trips and Falls
Slips, trips and falls are generally caused by a slippery or an even surface which causes the body to lose its balance and the elbow can be injured as the victim lands onto their elbow.
Slips trips and falls usually happen all the sudden leaving no time for the victim to try and lessen the impact.
These type of injuries can be serious and even life changing and can have a huge impact upon a person’s quality of life. Every day tasks such as eating or driving can suddenly become difficult or impossible. With the more serious injuries there may be a long period of time off work resulting in a loss of income during which time rehabilitation will be necessary.
In certain circumstances there will be a duty of care that is owed to the injured person. Much will depend upon where the personal injury claim took place and whether there has been a breach of health and safety law. Please get in touch with us so we can determine how much compensation you are likely to receive due for the pain and suffering and financial losses.
Our expert solicitors are here to help you claim compensation for your injuries and loss of earnings. We have years of experience bringing claims on behalf of the victims who have suffered slips trips and falls and we pride ourselves on getting the maximum compensation possible.
We look forward to helping you make a claim for an elbow injury compensation.
Road traffic accidents
Some of the most common elbow injuries which occur in car accidents involve:
Fractures to the arm which sometimes involve injury to the elbow.
Elbow Dislocation is probably the most common elbow injury of all which occurs in a car accident. Dislocation of the elbow means that it will need putting back into place and this can be horribly painful and may even require surgery.
Elbow Injury Compensation Amounts – How much Compensation Can I Claim?
If you have suffered a nasty accident through no fault of your own and injured your elbow it’s natural to think about whether you are able to claim and if so how much compensation you could receive.
As with most claims it’s very difficult to be able to provide an accurate general valuation for your particular elbow injury as each elbow injury is unique and needs to be assessed on its own facts.
There are many different types of elbow injury compensation amounts and exactly how much compensation each client is awarded depends on their recovery over time and the impact upon their lifestyle.
- The best way to find out how much compensation your claim could be worth is to contact our team so that you can run through the nature and extent of your injuries. In this way we will be able happy to provide you with a valuation based on years of experience helping bring personal injury claims.
- If you go on to make an elbow injury claim then your solicitor will gather together all the medical evidence required to support the amount of compensation for “general damages”. This is to compensate the claimant for pain suffering and any adverse psychological reaction caused by the injuries.
- Once the medical evidence has been finalised and the elbow claim is in a position to be settled then your solicitor will provide legal advice dealing with the quantification of your claim.
- It’s likely that your solicitor will, as a starting point, refer to the “Judicial Studies Guidelines” which the judiciary and legal practitioners use to obtain broad brackets of damages in relation to particular injuries. These brackets are only a guideline and in a personal injury solicitor will consult case law dealing with relevant injuries as well so that a more accurate valuation can be obtained.
- In addition to compensation for your pain and suffering your solicitor will also look into the question of your financial losses including, your loss of earnings, medical expenses and all items of loss arising out of your elbow injury. These quantifiable items suffered as a result of an elbow injury are known as “special damages.”
- How much compensation you receive overall will depend upon the extent of the injury so if you have a severely disabling elbow injury the overall elbow compensation for pain and suffering is likely to be high. Not only will the compensation for the elbow injury be significant but it is likely that the compensation for financial losses and medical expenses will also be extensive. With a nasty fractured elbow then it is likely that there will be a lengthy recovery period as well as a prolonged period of time off work.
How to Make an Elbow Injury Claim
If you have suffered as a result of an elbow injury and are looking to bring a claim for elbow injury compensation then it is important that you take steps to protect your position and preserve evidence to support you in proving your claim.
Medical Treatment for Elbow Injury Claims
Initially your first priority will be to obtain any immediate medical treatment you need to deal with your elbow injury. In many cases hospital attention will be necessary and any medical records will be obtained further down the line by your solicitor. If liability is in dispute these records may well be important in establishing exactly how the accident happened and why.
Wherever the elbow injury physically occurred it is a good idea for you or a colleague/friend to take photographs showing the scene of the accident and if possible the reason what caused you to suffer the elbow injury.
Photographs of the injury may also assist your solicitor in the claims process especially if the elbow injury involves scarring in which case photographs can be taken at regular intervals to show the healing process.
If there is any CCTV then this needs to be preserved and as soon as possible to guard against the risk of any footage being wiped. It is always good practice to follow up any verbal request to preserve the CCTV in writing so that hopefully no mistakes are made and the footage is retained pending further notice. Over the years we have been amazed at the number of times CCTV footage has been “inadvertently” wiped even in circumstances where the defendant has been notified of the requirement to keep the footage safe. In these circumstances we make sure the claims handler is made aware of the situation and the fact that we will bring the matter to the courts attention if necessary.
If there are any witnesses then their names and contact details need to be confirmed so that if necessary your solicitor is in a position to see whether they are willing and able to help with evidential issues arising out of the injury compensation claim. There is no doubt that independent witness evidence can be extremely valuable when determining a claims prospects of success.
The All-important Accident Book
After any accident involving injuries it’s important any personal injury is reported as soon as possible. Accident report books can be critical in circumstances where liability is disputed so Be sure to accurately record exactly what happened and what caused you to suffer the personal injury. If the accident report book is completed by one of the defendant’s representatives and you are not happy the account is factually accurate then you need to either amend the accident book entry or refuse to sign the document.
What are the Most Common Types of Elbow Injury?
There are a whole series of different types of elbow injuries that can be caused following an accident which can be serious serious and require a range of medical treatment.
Broken Elbow Injury
A broken elbow injury is one of the most common types of injury. If you have suffered an elbow fracture then it will of course be necessary for you to see a doctor and x-rays will be taken to determine the best way of treating the injury. It may be that following the x-rays it is confirmed you have suffered a number of elbow fractures. Whether you have suffered one elbow fracture or multiple elbow fractures then careful evaluation will be required by the medical staff.
Depending upon the severity of the elbow fractures it may be that you will need surgery to repair the damage. If you have suffered a severe elbow injury and the elbow fracture does require surgery then you will need to wear a cast for several weeks during the recovery period.
Dislocated elbows are quite a common injury. This is where the bones inside the elbow are forced out of place and this can happen when there has been a fall or a direct blow to the elbow. Dislocated elbow injury occurs when the elbow bones move out of place from the elbow joint and this happens frequently when somebody tries to break their fall with an outstretched hand when the arm is in a straight position.
Simple elbow dislocations, which do not involve any major bone injury, are treated by keeping the elbow immobile in a splint and all being well within 1 to 3 weeks followed by mobility exercises.
Complex dislocations tend to involve severe elbow injury and ligament injuries and this can sometimes adversely affect the blood vessels and nerves travelling in and around the elbow. Surgery is frequently necessary to realign the bones and deal with the injured ligaments.
Soft Tissue Injuries
The ligaments and tendons around the elbow are susceptible to being strained or torn in an elbow injury accident. This happens all the time in in sports such as tennis or golf where the elbow joint can be subjected to a lot of twisting or rotating of the arm. It can also occur in the working environment where a repetitive working activity leads to the condition.
These sorts of elbow injuries are usually treated conservatively but on occasions it may be surgical intervention is required to repair the ligamentous damage sustained.
is a condition that causes pain in the elbow and other joints of the body. It is associated with inflammation and swelling in and around the elbow joint. It can be caused by repetitive motion but also by an injury.
Treatment for bursitis may involve ice, rest and physiotherapy but on occasions surgery is required to facilitate recovery.
Starting The Elbow Injury Claims Process
- If you have suffered an elbow injury at work or in a public place then if the accident was caused by another person’s carelessness or fault then you could be entitled to claim compensation.
- We make claiming compensation as easy as possible.
- All you need to do is to contact us so that we can discuss the circumstances of the elbow injury and help you with any answers to your questions. We want to make sure that you are entirely comfortable about what the process involves and what you can expect when making a personal injury claim.
- If you would like to move forwards with your elbow compensation claim contact us and start a claim right now to claim the compensation that you deserve.
- We will guide you through the whole process and make sure that you know what is happening at every stage and so you can relax while we take care of everything for you.
Elbow Injury Compensation Claims FAQs
Do you have to go to Court to make an Elbow Injury Claim?
The overwhelming majority of personal injury claims settle without having to go to a final court hearing. In the final analysis if the defendants insurers accept that their policyholder was in some way to blame for the accident then they will know they are at risk of having to pay compensation and costs.
If the elbow injury claim has merits and is likely to succeed than it is your solicitors job to progress the claim as quickly as possible to court. If the defendants insurers accept some or all responsibility for the accident then offers in settlement of the compensation claim will follow generally sooner rather than later.
The compensation claims that reach a final hearing tend to be where the parties have a fundamental disagreement in relation to liability and/or the value of the injury compensation is significant.
If you make the right choice in relation to which personal injury solicitor to instruct then they will be committed to protecting your position and ensuring as far as possible you have all the evidence required to succeed whatever happens.
What is an Employer’s duty of care to prevent Elbow Injuries?
The answer to this question will depend upon the particular circumstances of the working environment. In general terms employers are under a duty of care to take all reasonable steps to ensure employees have a safe workplace together with appropriate training and supervision.
Each Elbow Injury Compensation claim needs to be assessed individually by investigating the circumstances of the accident and the precise causes involved. The investigation should reveal exactly how the elbow injury accident occurred and the factors that led to the injury and whether the employer breached its duty of care.
Can you claim for Ligament Damage?
In a word – Yes.
The real question which needs to be asked here is whether your employer or somebody else was responsible for your Ligament damage.
If so you may well be entitled to injury compensation.
Talk to us and we will be delighted to help you through the process.
First of all we can let you know whether we believe your compensation claim is likely to succeed.
We can of course also advise you in terms of what losses you can include and provide you with a valuation in relation to your compensation claim as a whole.
How long after an Elbow Injury can You Make a Claim?
In broad terms a Claimant has a period of three years from the date of the accident in which to commence legal proceedings.
In practice it is always a good idea to instruct a solicitor as soon as possible following an accident so that the compensation claim can be properly investigated when memories are fresh and evidence is readily available.
If you have any queries or would like to discuss how the rules might apply to you and your situation then please call our team of specialist personal injury solicitors.
Can I claim for an Elbow Injury using a No Win No Fee Agreement?
All you need to do is to contact us so that we can discuss your elbow injury compensation claim.
If we believe there are prospects of succeeding with your compensation claim then we will be only too happy to enter into a no win no fee agreement with you.
All our personal injury claims are accepted on a no win no fee basis so if you are eligible to claim elbow compensation you will be able to proceed without any financial worry.
When Are You going to Talk to Us ?
Call us or complete our online claim form so we can find out exactly what happened when you suffered your injury.
We will of course be delighted to help you bring a claim for compensation with a view to obtaining the best possible compensation and on a no win no fee basis.
As you can see from our Google reviews our clients really sing our praises because we make sure we provide a top class personal service and look after our Clients every step of the way.
Don’t forget we’ve been helping people recover compensation ever since 2007 so you can be sure you’re in safe hands.
We look forward to helping you with your claim 🙂
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“We took care of Mr Jenyon's serious injury claim following a significant impact he suffered in a car accident. Sadly the injuries he sustained ended his career but we did all we could to support him through the whole process which included successful court applications for interim payments. We ultimately secured a very substantial settlement for him. Mr Jenyon told us: "From day one I felt I was put at ease with the dilemma I had to endure. Mr Chris Carter has been an absolute rock and every time I e-mailed (sometimes extremely early hours) because of lack of sleep, I knew that when I checked my e-mails later that morning he would have replied. I will definitely recommend Carter and Carter solicitors to anyone if I feel they could help."
Mr Carl Jenyon from Stockport