Elbow injury compensation claim
So, you’ve had (or still have) an elbow injury and want to know about your rights in regards to a compensation claim in the UK. Well, unless you want to find out more about the band Elbow, you’re in the right place. Read this article for a comprehensive guide on;
- The elbow and its related injuries
- Accidents that cause elbow injuries
- How much money you can claim for
- What you will need to make a claim
- The claims process
- How ALDirect can help
The elbow and its related injuries
The elbow is what is classed as a synovial hinge joint and in anatomy, terms is a rather complicated mechanism. The architecture of the elbow, so to speak, allows for extension and flexion of the forearm. Ultimately the elbow gives us the means to lift, carry and throw, amongst other movements. Without it, we would have a hard time getting food to our mouths, carrying our shopping, hugging, playing sport, dressing ourselves or generally getting on with life.
An elbow is a bit like Vincent Van Gogh – you don’t realise what you’ve got till it’s gone.
Interestingly, with an elbow injury, the most common injury associated is RSI or repetitive strain injury. An RSI in the elbow is most commonly attributed with sports or workplace movements. Alongside RSI other common injuries include fractures, breaks, and dislocations, epicondylitis and bursitis.
RSI – a pain in a joint, muscle or tendon caused by overuse or repetitive motions. Examples can include a movement of assemblage at a manufacturing plant, a sweeping arm motion of a painter and decorator or plasterer, and of course; tennis and golf players. The main symptoms of RSI involve tingling, numbness, persistent pain, weakness, and cramp.
Breaks, fractures, and dislocations – a posterior dislocation of the elbow looks incredibly painful, as does a fracture of the exposed bonny elements. Fractures are most often caused by stress from hyperextension or from blunt force form an object or hitting the ground.
Epicondylitis – Otherwise known as tennis elbow or golfers elbow is a form of RSI affecting the elbow joint. The flexion and extension movements of the elbow share a common tendon that can become over-used, notoriously during sport. The tendon can become inflamed causing painful symptoms.
Bursitis – fluid-filled sacs in the synovial joint are known as bursa and they help to lubricate the motional range of the elbow. However, these sacs can become inflamed around injured parts of the elbow causing pressure and pain around the elbow joint. A medical professional may have to drain these sacs to relieve the pressure and reduce inflammation in the joint.
Accidents that cause elbow injuries
Typically, injuries involving the elbow are caused by repetitive motions in the workplace for the likes of plasterers, manufacturing workers, bar workers, painters and decorators, machinery operators, packaging workers and the similar roles. Any job role that involves a repeated movement can result in an RSI and if you have damaged your elbow as a result then it may be the fault of your employers for not realising the health risk.
Other accidents causing elbow injuries may involve Road Traffic Accidents, assault, slips, trips, and falls, blunt force trauma, falling objects and accidents involving machinery.
Using your arm to stop a falling object, break your fall or catching something causing hyperextension can all result in elbow injuries. Of course, it is worth remembering that although accidents can be grouped into categories, the type of injury and the finer details of the accident are always unique.
When making a claim for personal injury the important thing to consider is whether the accident was your fault or not. This is where you will most often hear terms like ‘negligence’ and ‘duty of care’ which will be explained further down in this article.
Accidents causing further harm to the elbow may also result from clinical negligence in the form of misdiagnosis, delayed diagnosis or even malpractice.
How much money can you claim for a shoulder injury?
When assessing your compensation amount there are a few elements the court will consider that mainly pertain to the impact your injury has had on your quality of life and how much money it has cost you. To determine this the court will look at;
- Hobbies and sports you may have had to give up
- Transport costs from not being able to drive
- Continuing care costs such as physiotherapy
- Initial medical costs not incurred on the NHS
- Absence from work resulting in income loss
- Potential income loss for a partner
The Judicial College has released up to date guideline compensation amounts for specific injuries that serve as a basis for financial remuneration. The above considerations should also be calculated into your compensation amount if they have extended beyond the suggested compensation amount. These are listed below as;
What you will need to make a claim
Most importantly you need an injury but in order to back up your claim and increase your chances of success it is good to have some if not all of the following;
- Medical exam
- Receipts and invoices
- Eye witness accounts or video and photographs
- Accident logs
With this evidence, your solicitor can build a stronger case for your compensation claim and will help to convince the courts that your claim is true and just.
With personal injury claims, there is normally a three-year restriction on the amount of time elapsed between the injury and accident occurring and the claim being made. However, there are some exceptions to this rule such as those under 18, vulnerable adults or the symptoms not becoming evident until years later. If you are unsure about the time limits in relation to your case we recommend speaking to an industry expert directly so that can provide you with the correct information.
The claims process
The first step is to find out more information regarding compensation claims from resources like this one. We then recommend that you instruct a solicitor to begin the claims process by notifying the defendant that you intend to take action.
This can then lead to negotiations on your settlement amount outside of the courtroom, or if you are unhappy with the amount the defendant is willing to pay, the case will go to court.
Starting a compensation claim may seem like a daunting prospect but with the advance of the No Win No Fee agreement, there is no financial risk involved to initiate a claim. There is a success fee to pay to the solicitor instructed if the case is won but this is capped at 25%
During the claims process we aim to keep our clients informed and up to date of all communications and advancements in the case.
How ALDirect can help
Accident line direct understands that each claim is different, we, therefore, tailor a solicitors skills and experience to the client's individual case. Solicitors who are experienced in clinical negligence will be assigned to clinical negligence cases and so forth. We also understand that your main priority, as well as recouping lost income, is to recover so we try to make the process as hassle-free as possible. You can relax whilst we put some elbow grease into your case (pun very much intended).
At ALDirect we know it’s not just about the money. Personal injury law has a human side too and we fully embrace it. Our objective is absolutely to win your case, but our drive is to help you get back to the life you had before the injury.
Call us to speak to one of our industry experts if you have any questions regarding your injury or how to claim. We are here to listen and we are here to help.