Showing posts with label Cause of action. Show all posts
Showing posts with label Cause of action. Show all posts

Arm Injury Claim


Arm Injury Claim: UK lawyer sets out the types of arm injury you can suffer and how much compensation you can claim for each

Arm injury claim: UK solicitor describes the two main types of compensation that can form part of your arm injury claim, the different injuries you can suffer to your forearm and upper arm from a broken arm to an amputation with examples of compensation settlement amounts.

What is an arm injury claim?

Your arm is the limb which extends from your shoulder to your wrist and is made up of the upper arm (extending from your shoulder to your elbow) and the forearm or lower arm (extending from your elbow to your wrist).

Arm injury claim

When doctors refer to your arm - they will normally be referring to your upper arm, but the common usage of the word in everyday society includes the upper arm and the forearm.

The upper arm includes one major bone known as the humerus and various muscles, ligaments and tendons. Two of the major muscles are the biceps (on the inside of your arm) and the triceps (on the outside of your arm).

The forearm has two major bones known as the ulna and radius and consists of various muscles, ligaments and tendons.

I have written separate pages describing compensation amounts for an elbow injury and a wrist injury

If you suffer an injury to your arm as a result of an accident or due to some form of medical negligence - whether it be a broken or fractured bone, torn ligament or tendon or soft tissue muscle damage - you might be entitled to make an "arm injury claim" for compensation against the person considered as a matter of law to be responsible for your injury.

You should consult with a solicitor as to whether someone is "legally responsible" for your injury - the law in the UK is designed to protect innocent accident victims in many ways - most of which you probably not be aware of.

For example, if you buy a new cycle bike and that bike malfunctions causing an injury to your arm - the manufacturer of the bike will be legally liable for a defective product. You only need to show that the bike was faulty and the manufacturer will be "strictly liable" for injuries caused - in other words you do not have to show how the manufacturer was at fault or how the defect occurred - only that the defect did occur and the manufacturer will be legally liable to pay your arm injury claim for compensation.

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Compensation Claim Advice for Accidents and Injuries at work places

Making a Claim for an Accident in a Public Place

Most importantly, if you are considering making a personal injury claim for an accident in a public place, you should seek specialist legal advice from a reputable, experienced, personal injury lawyer.

In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. 

For example, if you suffered a fall on a pavement caused by a hole or raised paving stone that should have been noticed and repaired, it is possible that the local authority could be found at fault.  Similarly, if you slipped due to a spillage on the floor of a supermarket that should have been cleaned away, you may be able to hold them responsible.  If however your accident was purely that, and no-one was to blame, it would not be possible to claim compensation.

Your lawyer can collate all of the evidence and advise on the best way to pursue a public liability claim on your behalf.  It always assists the lawyers in proving the case to have a photograph taken at the time of the accident, or shortly afterwards, to show the hazard which caused the injury.


Compensation

If your claim is successful, and The Legal Line's solicitors will work hard to ensure that this is the case, you will be entitled to two elements of a compensation award.

The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after the accident that you used to be able to do before (eg wash your car, look after your garden, walk the dog etc). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.


Compensation Claim Advice for Accidents and Injuries in Public Places
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