A guide to making a No Win No Fee arm injury claim
40% of musculoskeletal conditions sustained at work affect the arms, according to 2013/14 statistics from the Health and Safety Executive (HSE). Arm injuries arise in occupations as diverse as builders, nurses and office workers.
Many more arm injuries are sustained outside of work, with two fifths of cyclists injured on Britain's roads sustaining an arm injury, according to the Royal Society for the prevention of Accidents.
The impact of arm injuries
Arm injuries (those affecting the upper arm, forearm, elbow and wrist) can cause serious disruption to a person's life and ability to work.
The Courts recognise that any arm injuries, from breaks to the humerus, radius, ulna and wrist bones, to muscle pain, burns and hard-arm vibration syndrome, can result in lasting pain and financial hardship.
Where an arm injury was caused by the act or negligence of someone else, he law provides for compensation to be paid to mitigate the losses and pain an injured person has sustained.
How much compensation can I claim for an arm injury?
Arm injury compensation payouts will vary depending on the severity of the injury. For a broken arm, an average claim could settle for between £5,000 and £14,000. Compensation for a more serious arm injury may range from £29,000 to around £100,000.
Table 1. Arm injury compensation amounts
|Injury Type||Compensation Amount|
|Forearm fracture (radius and/or ulna)||£5,000 to £14,600|
|Serious, permanent arm injury||£29,800 to £45,500|
|Severe arm injury, including amputation below the elbow||£73,100 to £83,325|
|Severe arm injury, including amputation above the elbow||£83,325 to £99,500|
Please note that these arm injury compensation amounts for general damages are a guide only. Your total compensation award or settlement will also consider treatment costs and other financial losses, known as special damages.
The Quittance Personal Injury Compensation Calculator considers both general and special damages. Find out how much compensation you could claim for an arm injury here:
How is arm injury compensation calculated?
Amounts for general damages are recommended by the Judicial College. These guideline amounts are based on factors including where and how serious the injury is, including any long-term consequences.
Though not technically law, use of the guidelines is common in Court. Most insurance companies will, when calculating the settlement amount for an arm injury, also refer to the guidelines.
Who can make a claim for arm injury compensation?
To make a compensation claim, regardless of whether you have sustained a minor sprain or a badly broken arm, the accident must have resulted from a breach of duty by a responsible party.
The accident must also, on the balance of probabilities, be proven to be the cause of your injury. In most cases of arm fractures, establishing the cause of the accident is straightforward. Proving a link between the Defendant's breach and an arm injuries in cases of RSI or hand-arm vibration, however, can be more complex. A solicitor will be able to advise further on this point.
You may be able to claim if:
- the accident was someone else's fault
- you are able to prove that your injury was as a result of another person or the company's negligence
- the accident occurred in the last three years
Time limits for arm injury compensation
Anyone who has sustained an arm injury in an accident that occurred within the last three years may be entitled to claim.
By starting a claim sooner, the Claimant's solicitor will have more time to negotiate a settlement amount from the other side's solicitors.
If you believe you injury may fall outside the claim time limit, contact Quittance on 0800 612 7456 to discuss your options.
How could compensation for an arm injury help?
Personal injury law is founded on the principle that compensation should aim to return a person to the position they would have been in if the cause of the injury had never happened.
It is recognised by the Courts that an arm injury can have life-changing consequences. Injuries affecting the upper or lower can make it difficult to work, making compensation for loss of past and future earnings particularly helpful.
Compensation may be awarded for:
- pain, suffering and loss of amenity arising from your injuries
- lost earnings if you have had to take time off work
- future loss of earnings if you are unable to return to work
- the cost of medical treatment and future care relating to your injuries
- expenses such as travel costs to and from hospital
What do we do to help your claim?
Before embarking on a claim, a specialist solicitor will talk to you about the circumstances surrounding your accident or illness and set out the options available to you.
Quittance's panel solicitors have detailed knowledge of judicial guidelines and relevant case law relating to arm injuries sustained in the workplace, in public places and on the roads.
Our solicitors have assisted Claimants receive compensation for injuries including:
- lifting injuries, including those resulting from inadequate training
- broken bones and sprains resulting from falls, slips or trips
- carpal tunnel, RSI and other conditions affecting the arm
- sports injuries
- cycling and other road traffic accidents
How long will an arm injury compensation claim take to complete?
Many personal injury claims prove to be straightforward. Compensation is awarded in a relatively short timeframe.
More complex or severe cases usually take longer to settle. Certain factors will extend the compensation claim, particularly where the Defendant accepts no liability, or only partial liability.
Most claims, including those for arm injury compensation, do not require formal Court action, and Claimants rarely need to go to Court at all.
To get a more accurate prognosis of how long your claim should take, speak to a claims specialist on 0800 612 7456 or get a bespoke Compensation Claim Report online.
What is the likelihood of your arm injury claim being successful?
In order to make a claim successfully for an accident or illness, it must be proved that another person or body was responsible for the injuries you sustained. Depending on the situation, the party responsible could be an employer, business owner or operator, manufacturer, NHS trust or local authority.
There are a several things that you can do to help your solicitor make a stronger claim:
- if you have been injured in a public place such as a shop, report the accident to the owner, management or local authority
- if injured on the road, report the incident to the police
- if injured at work, report the incident (e.g. in an accident book if injured at work)
- take photos of the scene and of your injury
- gather witness statements, including names and addresses
It is worth considering the above and doing everything you can as soon as possible, even if you are undecided whether to make a claim.
No Win, No Fee arm injury claims explained
No Win, No Fee claims begin once the injured person agrees, with their solicitor, a Conditional Fee Agreement (also known as a CFA).
A CFA explains the service delivered by the solicitor handling your case and a percentage-based "success fee" that will be deducted from the compensation award when your case is won.
You are able to focus on your recovery, with the knowledge that that you will never be out of pocket. You have absolutely no hidden charges when choosing a a Quittance solicitor.
Free Compensation Claim Report
Many potential Claimants feel more comfortable doing their own research before starting a claim, but getting the information you need to make a decision can be challenging. Quittance created a report, the Compensation Claim Report (CCR) to provide those answers.
The CCR is a free report, tailored to the details of your case, including:
- how much compensation you could receive
- how soon a settlement could be reached
- how likely your claim is to succeed
The CCR provides much more detail regarding your compensation claim.
Arm injury advice and frequently asked questions
Quittance recognises that potential Claimants will most likely have questions before deciding on whether or not to begin a claim.
To discuss your circumstances with a solicitor, call Quittance on 0800 6127456.
For answers to questions about how personal injury compensation claims work please see our FAQ page.
If you would prefer to learn more before deciding to proceed, a free Compensation Claim Report will give you a more detailed assessment of your position.
You can contact Quittance's solicitors on 0800 612 7456 when you are ready to start your compensation claim and you can also start the claims process online now. Alternatively you can arrange a call back at a time that is convenient for you.