Elbow Injury Compensation

Introduction to Elbow Injury Claims

If you have recently injured your elbow in an accident for which you were not wholly to blame, making elbow 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 injured elbow to investigate the possibility of making claims for elbow injury compensation and, provided that the accident in which you injured your elbow has happened within the past three years, you are fully within your rights to do so.

This article provides basic information about making elbow injury claims but is no substitute for discussing the circumstances of your injured elbow 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 elbow injury claims which are not answered below.

Eligibility to Claim Elbow Injury Compensation

In order to make successful elbow 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 an injured elbow.

In relation to elbow 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 injure your elbow in an accident as a result – you will be eligible to make elbow injury claims for compensation.

Proving Negligence in Injured Elbow Accidents

Proving that a third party was negligent and responsible for your injured elbow is not always straightforward as, at the time your elbow was injured, 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 elbow injury 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 elbow injury claims for compensation, as a solicitor will often have assisted clients with proving liability for injured elbow 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 Injured Elbow Compensation

Provided that a solicitor considers your claim for injured elbow 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 elbow injury claims.

Your solicitor will construct the strongest possible claim for injured elbow compensation on your behalf, send a Letter of Claim to the negligent party and negotiate with their insurers to obtain the maximum possible injured elbow compensation settlement.

He or she will also represent you in court should liability for your elbow injury be denied or if the amount of an injured elbow 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 injured elbow compensation, you will be more likely to receive your full entitlement to compensation for an elbow injury.

Offers of Injured Elbow Compensation Settlements

A further advantage of using an experienced injury claims solicitor to assist you with elbow 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 an injured elbow, the negligent party´s insurers have approached the accident victim with an offer of an injured elbow compensation settlement. These offers of injured elbow 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 injured elbow and the consequences of your injury, it is impossible to tell how much elbow injury compensation you should be entitled to and any hasty offers of an injured elbow compensation settlement should be treated with caution.

How much is an Elbow Injury Claim Worth?

How much your elbow injury claim is worth is going to depend on the severity of your injured elbow in relation to your age and general state of health before your injured elbow accident. An injured elbow compensation settlement for the pain and suffering you experienced at the time your elbow was injured will be based on previous settlements for your age group and gender.

However, a solicitor would add a financial value for the effect your elbow injury has on your quality of life. Known as a “loss of amenity”, this can amount to a substantial portion of an injured elbow compensation settlement, and it is suggested that you maintain a diary to record all the times your elbow injury prevents you from completing day-to-day tasks and enjoying leisure or social pursuits.

How much elbow injury 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 injured elbow accident. As the extent of these factors may not be known for some time after your elbow injury accident, it would be imprudent to pursue a quick settlement to your elbow injury claim or to accept an offer of an injured elbow compensation settlement from an insurance company.

If short-term finances are an issue for you, once liability for your elbow accident has been acknowledged by the negligent party or an approach made by their insurance company, your solicitor can apply for interim payments of elbow injury compensation to support you financially until such time as your elbow injury claim is fully resolved.

Elbow Injury Claims and Contributory Negligence

One issue which will negatively affect how much an elbow injury 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 elbow was injured 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 injured elbow accident or if for some reason you did not obtain immediate medical attention after your elbow was injured – or failed to attend follow-up appointments – you will be considered to have contributed to your elbow injury.

Contributory negligence will not prohibit you from making elbow injury claims for compensation, but how much elbow injury 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 elbow injury claim.

Free Advice for Elbow Injury Claims

As you can see from the above, no two elbow injury claims are likely to be identical – even if the nature and severity of the elbow injury are the same. As we advised at the top of the page, if you have injured your elbow in an accident for which you were not wholly to blame, you should discuss the circumstances of your injured elbow 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 elbow injury claims. There is no obligation on your to proceed with a claim for injured elbow compensation once you have spoken with us and all calls to our Solicitors Advisory Panel are completely confidential.

Claiming elbow injury 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 elbow injury and, in cases of long term incapacitation, cover the costs of ongoing medical care and replace lost income.

Related articles you might find useful: broken wrist injury, broken ribs injury claims, fractured wrist claims, fractured humerus injuries.


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