An Introduction to Elbow Injury Claims
Many people are aware that elbow injury claims enable you to receive compensation when you have injured your elbow in an accident for which you were not totally to blame. However, as elbow injury claims for compensation are something that few people experience more than once in a lifetime, the fear of the unknown can often dissuade people entitled to compensation for an elbow injury from making a claim.
This article aims to provide general advice about making elbow injury claims for compensation and some of the procedures that are involved, but is no substitute for discussing the circumstances of your accident and the consequences of your elbow injury with an experienced personal injury solicitor – especially at a time when you may still be in considerable pain from your injured elbow and unable to carry out many of the procedures yourself.
Elbow Injury Claims and Your Health
The most important factor in elbow injury claims is your health. Although you will have sought professional medical attention at the earliest practical opportunity after having injured your elbow, it is important that throughout the elbow injury claims process you keep to any appointments that have been made following your discharge from hospital in order to avoid claims by the negligent party´s insurers that you made your elbow injury worse by your own lack of care.
This type of “contributory negligence” will not disqualify you from claiming elbow injury compensation, but it could affect how much compensation for an elbow injury you receive. The same applies if you try – before you are physically able – to make the appropriate elbow injury accident reports or collect evidence of negligence needed to support elbow injury claims.
Accident Reports and Elbow Injury Claims
Most motorists, employers and other persons with a duty of care for your safety in places of public access – i.e. pavements, restaurants and supermarkets – will be genuinely distressed when their negligence has resulted in you sustaining an elbow injury and will often willingly admit liability for your injured elbow. However, insurance companies will require proof of negligence when elbow injury claims for compensation are submitted to them and it is therefore necessary that the appropriate accident report is submitted with your claim.
Depending on the nature of the accident which resulted in your elbow being injured, an accident report should be made to the police if they did not attend the scene of a road traffic accident, made to your employer – if your elbow injury was due to an accident at work – or recorded in the “Accident Report Book” held by the place of public access. A copy of the accident report in which the circumstances of your accident and elbow injury are recorded should be kept to submit to the negligent party´s insurers with your claim for elbow injury compensation.
Supporting Claims for a Elbow Injury
The more evidence of negligence you – or a solicitor on your behalf – are able to supply when submitting claims for a elbow injury to the negligent party´s insurers, the quicker your claim will be resolved and the more likely it is that you will receive your full entitlement to elbow injury compensation. In addition to elbow injury accident reports, the conclusions of any Health and Safety Executive investigations, CCTV video and statements from witness to your accident can help support claims for an elbow injury.
Whereas it may take some time to collate all the evidence of negligence to support your claim for an elbow injury, this should not prevent you from initiating elbow injury claims – or speaking with a solicitor – at the first possible opportunity. The negligent party´s insurers have ninety days from the receipt of your letter of claim for an elbow injury to conduct their own investigation and, even when liability is admitted after this time, it may not yet be established how much compensation for an elbow injury you are entitled to.
How Much Compensation for an Elbow Injury?
How much compensation for a elbow injury you are entitled to is based upon the severity of your injury in relation to your age, gender and general physical condition prior to the accident occurring, and elbow injury claims will also take into account the impact that your elbow injury has on your quality of life and your lack of ability to complete day-to-day tasks. You can also claim elbow injury compensation if you have suffered a quantifiable emotional trauma as a result of your elbow injury, recover any expenses which are directly attributable to the accident in which your elbow was injured and reclaim income you have lost if you are unable to work.
It is important that you do not accept any offer of elbow injury compensation before undergoing a full assessment of your elbow injury claim by an experienced solicitor. It is possible that you may be approached directly by the negligent party´s insurers with an offer of compensation for your elbow injury but, if you inadvertently accept it – and it proves to be inadequate to cover your medical expenses or living costs – you cannot go back to the insurance company and ask for more elbow injury compensation.
“No Win, No Fee” Elbow Injury Claims
“No Win No Fee” elbow injury claims were first introduced in the mid-1990s when the Government restricted access to Legal Aid. The concept of “No Win, No Fee” elbow injury claims is that, if your claim for elbow injury compensation is considered to be sufficiently strong, a solicitor will offer legal representation on a conditional fee agreement. This agreement states that if your claim for elbow injury compensation is unsuccessful, the solicitor will not charge you for his or her legal fees.
This does not necessarily mean that “No Win, No Fee” elbow injury claims are always free of charge. The acceptance of claims for elbow injury compensation under a conditional fee agreement is not a guarantee of success and, if your elbow injury compensation claim is unsuccessful, you will be liable for the negligent party´s legal costs. Your solicitor will explain how you can insure yourself against the risk of financial exposure prior to offering to represent you in “No Win, No Fee” elbow injury claims.
Further Information on Elbow Injury Claims
A survey recently conducted by Millward Brown for the UK Department of Justice revealed that up to 35 percent of people who were qualified to make elbow injury claims for compensation did not do so because they did not know how. If our article on elbow injury claims has raised more questions than provided answers, you are invited to call our freephone helpline and discuss the circumstances of your accident and elbow injury with an experienced personal injury solicitor.
Without any obligation on you to proceed with a claim for elbow injury compensation, our solicitor will clarify any issues you may be unsure about in relation to making elbow injury claims, establish whether you have a elbow injury compensation claim which is worth your while to pursue and guide you through the procedures which are relevant to your specific claim for a elbow injury.
All calls to our freephone helpline regarding elbow injury claims are naturally confidential and, if now is not a convenient time to talk with us, please take a minute to leave your contact details in one of the Callback Request boxes and a member of our helpful legal team will be in touch to discuss how we can help you to make a successful elbow injury claim for compensation.