Broken Wrist Compensation
Introduction to Broken Wrist Claims
If you have recently broken your wrist in an accident for which you were not wholly to blame, making broken wrist injury claims for compensation is probably not as high a priority for you as recovering from your injury and getting back to your regular routine.
Indeed, you may have waited until making a complete recovery from your broken wrist to investigate the possibility of making claims for broken wrist compensation and, provided that the accident in which you broke your wrist has happened within the past three years, you are fully within your rights to do so.
This article provides basic information about making broken wrist injury claims but is no substitute for discussing the circumstances of your broken wrist accident with an experienced injury claims solicitor. Therefore, you are invited to call our free Solicitors Advisory Panel with any questions you may have about broken wrist injury claims which are not answered below.
Eligibility to Claim Broken Wrist Compensation
In order to make successful broken wrist injury claims for compensation, it has to be proven that somebody who owed you a “duty of care” was negligent, and that their actions – or lack of action – resulted in you sustaining a broken wrist.
In relation to broken wrist injury claims, a “duty of care” could be owed to you by anybody who drives a vehicle on the road, anybody who employs you to work for them or the proprietor of any place of public access (such as a shop or restaurant) in which you conduct business.
Local councils also have a duty of care to maintain the roads and pavements in a safe condition and if they, or any of the above-mentioned third parties, fail in their duty of care – and you break your wrist in an accident as a result – you will be eligible to make broken wrist injury claims for compensation.
Proving Negligence in Broken Wrist Accidents
Proving that a third party was negligent and responsible for your broken wrist is not always straightforward as, at the time your wrist was broken, it is likely that your main consideration was obtaining medical attention rather than collecting evidence of negligence.
Photographs, CCTV video, witness statements and accident reports can all be used in support of claims for broken wrist compensation but, while you are still recovering from your injury, collecting all of this information may be too demanding for you.
For this reason, it is often in your best interests to use the services of an experienced injury claims solicitor when making broken wrist injury claims for compensation, as a solicitor will have assisted clients with proving liability for broken wrist accidents on many previous occasions and will be aware of the most efficient ways in which to collect evidence of negligence.
Using a Solicitor to Claim Broken Wrist Compensation
Provided that a solicitor considers your claim for broken wrist compensation to have a good probability of success, he or she will undertake your claim on a “No Win, No Fee” basis – meaning that you do not have to worry about the cost of making broken wrist injury claims.
Your solicitor will construct the strongest possible claim for broken wrist injury compensation on your behalf, send a Letter of Claim to the negligent party and negotiate with their insurers to obtain the maximum possible broken wrist compensation settlement.
He or she will also represent you in court should liability for your broken wrist be denied or if the amount of a broken wrist compensation settlement you are entitled to is disputed. Although “No Win, No Fee” legal representation is no guarantee of success, by using a solicitor to claim broken wrist compensation, you will be more likely to receive your full entitlement to compensation for a broken wrist.
Offers of Broken Wrist Compensation Settlements
A further advantage of using an experienced injury claims solicitor to assist you with broken wrist injury claims for compensation is that he or she will act as an intermediary between you, the negligent party and their insurers, and eliminate the risk of “third party capture”.
It is becoming more common that, after a negligent party has been responsible for causing an accident which has resulted in a broken wrist, the negligent party´s insurers have approached the accident victim with an offer of a broken wrist compensation settlement. These offers of broken wrist compensation settlements are usually for less than what you would be entitled to, but come with the incentive of a quick settlement.
Without undergoing a full assessment of your broken wrist and the consequences of your injury, it is impossible to tell how much broken wrist compensation you should be entitled to and any hasty offers of a broken wrist compensation settlement should be treated with caution.
How much is a Broken Wrist Claim Worth?
How much your broken wrist claim is worth is going to depend on the severity of your broken wrist in relation to your age and general state of health before your broken wrist accident. A broken wrist compensation settlement for the pain and suffering you experienced at the time of your broken wrist accident will be based on previous settlements for your age group and gender.
However, a solicitor would add a financial value for the effect your broken wrist injury has on your quality of life. Your “loss of amenity” can amount to a substantial portion of a broken wrist compensation settlement, and it is suggested that you maintain a diary to record all the times your broken wrist prevents you from completing day-to-day tasks and enjoying leisure or social pursuits.
How much broken wrist compensation you are entitled to should also account for any emotional trauma you have suffered and financial costs you have incurred – including loss of income – which are attributable to your broken wrist accident. As the extent of these factors may not be known for some time after your broken wrist accident, it would be imprudent to pursue a quick settlement to your broken wrist injury claim or to accept an offer of broken wrist compensation settlement from an insurance company.
If short-term finances are an issue for you, once liability for your broken wrist has been acknowledged by the negligent party or an approach made by their insurance company, your solicitor can apply for interim payments of broken wrist compensation to support you financially until such time as your broken wrist injury claim is fully resolved.
Broken Wrist Injury Claims and Contributory Negligence
One issue which will negatively affect how much a broken wrist claim is worth is contributory negligence. The term contributory negligence relates to any contribution you made to the cause of the accident in which your wrist was broken or any lack of care you have displayed in seeking medical treatment.
If you are found to have been responsible in some way for the circumstances of your broken wrist accident or if for some reason you did not obtain immediate medical attention after your wrist was broken – or failed to attend follow-up appointments – you will be considered to have contributed to your broken wrist injury.
Contributory negligence will not prohibit you from making broken wrist injury claims for compensation, but how much broken wrist compensation you receive could be reduced to reflect your own lack of care. Despite this, you should always advise your solicitor if you believe that contributory negligence may be applicable in your broken wrist injury claim.
Free Advice for Broken Wrist Injury Claims
As you can see from the above, no two broken wrist injury claims are likely to be identical – even if the nature and severity of the broken wrist are the same. As we advised at the top of the page, if you have broken your wrist in an accident for which you were not wholly to blame, you should discuss the circumstances of your broken wrist accident with an experienced injury claims solicitor.
Our Solicitors Advisory Panel is available twenty-four hours a day, seven days a week to answer any questions you may have about making broken wrist injury claims. There is no obligation on your to proceed with a claim for broken wrist compensation once you have spoken with us and all calls to our Solicitors Advisory Panel are completely confidential.
Claiming broken wrist compensation will not help you to recover from your injury any quicker or make a considerable difference to your lifestyle, but – with our help – you could be compensated for the pain and inconvenience of your broken wrist injury and, in cases of long term incapacitation, cover the costs of ongoing medical care and replace lost income.