No Win, No FeeIn the eyes of the law, arm injuries are those which impact the upper arm, forearm, elbows and wrist. Any serious arm injury can have a material impact on a person’s private and working life and result in relatively large compensation payments which take in a whole host of different factors. If you believe you have sustained an arm injury as a consequence of negligence by a third party the following advice should help you decide the next course of action.
We can help if you do decide to start an arm injury claim. Our specialist advisors will review your claim for free and provide free legal advice as well. If they suspect your claim is strong enough, they’ll ask one of our personal injury solicitors to represent you. If they agree, you’ll benefit from their legal experience on a No Win, No Fee basis. That should make your claim much less stressful as you’ll know that you won’t be asked to pay your solicitor unless you are compensated.
If you’re ready to begin an arm injury compensation claim already, please get in touch on 0800 652 1345. Otherwise, you’ll find loads of useful information about how to make a claim in the rest of this guide.
Am I Entitled to Compensation for an Arm Injury?
When our personal injury solicitors assess arm injury claims, they’ll normally ask three main questions to see if you have a reasonable chance of being compensated. These are:
- Were you owed a duty of care by the defendant in the case?
- Was the defendant negligent in some way and did that lead to an accident?
- Was your arm injury a direct result of that accident and nothing else?
If you’re able to answer yes to all three questions, you might be entitled to compensation.
The first question often confuses people as they’re not sure if they’re owed a duty of care. Don’t worry too much, though, as there are many ways to establish this and it’s something your solicitor will look at with you. To give you some idea though, the Health and Safety at Work Act 1974 means your employer has a duty of care towards your well-being whilst you’re working. Similarly, a shop might have a duty of care towards your safety while you’re on their premises because of the Occupiers Liability Act 1957.
If you believe you have grounds to start an arm injury compensation claim, contact our team here to discuss your options.
Common Examples of Arm Injury Claims
It’s quite possible to injure your arm in just about any type of accident. To make it easy for you to understand when you might be entitled to compensation for an arm injury, we’ve added a few common scenarios below. Don’t worry if yours isn’t included as we could still help you claim. Some of the most common arm injury claims are based on:
- Slips and trips. It’s quite common to suffer a broken arm or other injuries from a slip and trip because of the natural impulse to use your hands to break your fall. An example of when you might be compensated is if your injuries resulted from a fall caused by a defective pavement or broken manhole cover.
- Repetitive Strain Injuries. We’ve mentioned these briefly already. If you work in a role that involves the same task being repeated over a prolonged period, your employer should take steps to reduce the risk of RSI. Failure to do so might mean you could be compensated.
- Park or playground accidents. The local authority or any other park operator has a duty of care to ensure the equipment and facilities is well maintained and as safe as possible. If your child suffers a broken arm after falling from unsafe playground equipment, it may be possible to claim compensation for them.
- Accidents at work. Your employer must carry out risk assessments, perform maintenance and train you properly to try and keep you safe. As such, if your arm is severed when using a faulty cutting machine, for example, you could seek compensation from your employer.
- Road Traffic Accidents. RTAs are another common way arm injuries occur. Again, if the accident was caused by another road user’s negligence, you might be able to claim for your suffering.
- Sporting incidents. Although sports generally come with some risk of injury, spectators or participants could be compensated if their arm injury is caused by unsafe sporting facilities or pitches.
Even if your accident is not on our list, so long as your arm injury was someone else’s fault, you could be compensated for any suffering you’ve endured.
What Types of Arm Injuries Can I Claim For?
Some of the most common arm injuries that lead to compensation claims include:
- Muscle tears and strains.
- Broken humerus.
- Broken ulna.
- Tendon injuries.
- Arm amputations.
- Broken radius.
- Sprained wrist.
- Hand-arm vibration syndrome and similar industrial injuries.
- Burns and scalds.
- Arthritis.
- Tennis elbow and other Repetitive Strain Injuries (RSI).
In reality, you could claim for almost any arm injury (other than very minor ailments) if the accident that caused them was someone else’s fault.
What Evidence Do I Need for an Arm Injury Compensation Claim?
The types of proof that could help you make a successful arm injury claim include:
- CCTV recordings. If a security camera or dashcam has recorded your accident, you should ask the owner for a copy of the footage. This should be requested quickly as it can be wiped quite quickly.
- Witness statements. If someone else saw your arm injury occur, ask them for their contact details. You don’t need to get a statement from them but your solicitor might ask for one later on if needed.
- Photographic proof. You should always try to take pictures of the accident scene while everything is still in situ if possible. Taking photographs of any visible injuries during your recovery is also a good idea.
- Medical evidence. Getting treated at a hospital or minor injuries unit is the best way to improve your recovery time. It will also mean that records exist (that could be requested at a later date) to help prove how serious your injuries were.
- Accident report forms. Every company has a legal obligation to record accidents that they are informed of. As such, you should report yours and ask for a copy of the form. This will make it easier to prove where and when the accident occurred.
Additionally, you should try to keep a diary during your recovery to help remember how your arm injury has affected your life. This will make it easier to explain when you couldn’t work or attend social events because of your injuries. Additionally, you could track any expenses you’ve incurred at the same time.
Will I Need a Medical Assessment for My Arm Injury?
In short, most likely yes. Medical assessments are a typical part of any personal injury claim and help to establish the amount of compensation should be paid. There’s nothing to worry about though as they are simply appointments with independent medical specialists. In most cases, our solicitors can arrange local appointments so you won’t need to travel too far.
After you’ve been examined, the specialist will ask you to describe how your arm injury has affected you. Once the meeting is over, a report outlining your injuries and prognosis will be sent to all parties involved in the claim.
What Is the Time Limit to Make an Arm Injury Claim?
As you may already be aware, there is a 3-year time limit associated with all personal injury claims in the UK. Mostly, this will begin from the date that your accident occurred.
It’s true that 3 years is a reasonably long time but it’s often easier to start your arm injury claim sooner rather than later. This will give you and your solicitor plenty of time to collect any proof needed to support your case as well as any medical information that’s needed.
You won’t need to worry about the time limit if your child has suffered an arm injury at school or elsewhere. So long as you begin the claims process before their 18th birthday, you can do so at any time.
Please get in touch if you have any questions about how long you’ve got left to start your claim.
How Much Compensation for an Arm Injury Can I Claim?
You might think that the person responsible for your arm injury should pay a fine or penalty for hurting you. However, that’s not the case when making a personal injury claim. Instead, compensation for an arm injury is designed to help you recover from any pain you’ve endured (general damages) or costs caused by your injuries (special damages).
Because no two claims are the same, we can’t say exactly what you could claim for until your case has been reviewed. However, you could be compensated for:
- Any physical pain and suffering you’ve had to deal with following your accident.
- Anxiety, depression, distress or other forms of psychiatric injuries.
- The cost of paying for a carer to support you or for the time a friend or relative spent looking after you.
- Any impact your injuries have on your hobbies or usual activities (loss of amenity compensation explained here).
- Expenses such as fuel costs or parking fees linked to your injuries.
- Medical costs including the cost of private physiotherapy if required.
- The cost of adapting your property or vehicle to make life easier if you’re now living with a disability.
As you can see, reviewing your arm injury compensation claim fully is important as, if you forget something, you can’t ask for more compensation to be paid later on.
Can I Claim for Loss of Earnings Due to My Arm Injury?
Some arm injuries can lead to time off work to allow you to recover properly. If this has happened to you, and you lost income as a result, you could request these losses back as part of your claim. If successful, you could also be compensated for future lost earnings for longer-term arm injuries if they will reduce the amount or type of work you can do.
Can I Claim for Ongoing Medical Costs Due to My Arm Injury?
Any ongoing physiotherapy or medical treatment (including private surgery) could be paid for if your compensation claim is successful. Generally, insurers may offer to pay for private medical treatment upfront so that your recovery time is quicker and, thus, they’ll pay less compensation for future suffering.
Arm Injury Compensation Amounts
The guidelines published by the Judicial College for arm injury compensation amounts (for general damages) are as follows:
- Simple forearm fracture, compensation between £8,060 and £23,430.
- Serious fractures to the forearm but with good recovery, or expected recovery, compensation would be £23,430 to £47,810.
- Serious fractures to the forearm with significant disability £47,810 to £73,050.
- Extremely severe injuries causing disability but just short of an amputated arm, £117,360 to £159,770.
- For an amputated arm (at the shoulder) compensation should be no less than £167,380.
- For both arms amputated compensation would be in the region of £293,850 to £366,100.
If your claim is accepted by one of our solicitors, they’ll ensure your suffering is fully reviewed to try and make sure any compensation that’s paid is fair. Please get in touch if you’d like us to review your claim for free.
Will I Need a Solicitor to Claim Arm Injury Compensation?
While there’s no legal obligation to let a solicitor manage your claim, their experience and legal skills will often reduce a lot of the stress involved. Also, they are there to fight your corner if the insurance company tries to reduce your settlement or deny liability for the injuries or your accident.
Without a doubt, one of the main reasons claimants worry about contacting a solicitor is the amount of money they could lose if the case fails. However, if you choose to work with us, that won’t be a problem. That’s because our solicitors provide a No Win, No Fee service for any arm injury claim they take on.
That means:
- No solicitor’s fees payable upfront.
- Your solicitor can start work as soon as you sign your contract (called a Conditional Fee Agreement).
- You won’t have to pay for your solicitor’s work at all if you are not compensated.
If your case is won, you’ll pay a success fee that will be deducted from your compensation. This fee is legally capped at 25% of any settlement you receive.
How Long Will an Arm Injury Claim Typically Take?
An arm injury claim may be resolved within a few months if the defendant accepts liability early and you’ve fully recovered. However, if your recovery is ongoing, the full extent of your injury isn’t clear, or the defendant contests responsibility, the process could take a year or longer.
In more complex cases, gathering additional evidence and expert medical opinions on your arm injury may be necessary, which can further extend the timeline.
Arm Injury Claims Frequently Asked Questions
What Happens if My Arm Injury Aggravated a Previous Condition?
Some arm injuries can make existing conditions worse. For instance, if you have a pre-existing shoulder injury, your symptoms might get worse if your arm is dislocated from your shoulder after a fall. As such, you have every right to consider claiming for any additional suffering you’ve endured because of your arm injury.
How Important are Medical Records in My Arm Injury Compensation Claim?
Medical records can be crucial in any type of arm injury compensation claim. They provide objective evidence from medical professionals about the extent and nature of your injury. This can be pivotal when determining the amount of compensation you might receive.
Solid medical documentation will strengthen your case and make it more likely to secure a fair settlement if the claim is successful.
Start an Arm Injury Compensation Claim Today
If you’re ready to take action and claim compensation following an arm injury that wasn’t your fault, one simple call is enough to start the process. Our specialist advisors can be contacted on 0800 652 1345.
When you call, you’ll get free legal advice, a free review of your claim and we could connect you with one of our No Win, No Fee solicitors.
Please use live chat if you have any further questions about the arm injury claims process.
