In this guide, we will explore when it could be possible for you to seek compensation for an arm injury and the claims process involved in doing so. We discuss the requirements that need to be satisfied in order to begin a personal injury claim as well as the steps you could take to strengthen your case.
Arm Injury Claims Guide
Additionally, we will discuss the different ways you could sustain an arm injury, including in an accident at work, in a public place and on the road.
We’ll also explore the duty of care that certain third parties owe you in each of these scenarios and how this could be breached.
Furthermore, our guide will provide information on personal injury settlements, including what they can comprise and how they are calculated.
Finally, our guide will conclude with information on the benefits of working with one of our solicitors, the services they could offer and the terms under which they could work on your claim.
If you have any other questions, contact an advisor from our team. To reach them, you can:
- Contact us online
- Call us on 0800 073 8802
- Chat with one of our advisors by using the live chat feature on our website
Browse This Guide
- Arm Injury Claims – When You Could Be Eligible To Seek Compensation?
- How Could You Sustain An Arm Injury?
- How Much Arm Injury Compensation Could You Be Owed?
- Evidence For Arm Injury Claims
- No Win No Fee Solicitors – Get Legal Help Today
- Find Out More About Arm injury Claims
Arm Injury Claims – When You Could Be Eligible To Compensation?
In order to have valid grounds to begin a personal injury claim, you need to prove the following:
- A third party owed you a duty of care.
- They breached this duty of care.
- You experienced harm as a result of the breach.
Together, the three points laid out above define negligence, for which you could seek compensation.
You also need to ensure you start your claim three years from the date of the accident. This is the general personal injury time limit that is outlined in the Limitation Act 1980.
For more information on seeking compensation for an arm injury and the claims process involved, please speak with an advisor.
How Could You Sustain An Arm Injury?
There are several third parties who owe a duty of care, including employers, road users and occupiers. If this duty is not upheld, it could result in you sustaining an arm injury.
The following sections provide more detail on the duty of care each of these parties owe and how a breach could lead to you becoming harmed.
Accidents At Work
The Health and Safety at Work etc. Act 1974 states that employers have a responsibility to take reasonable and practicable steps to prevent employees from sustaining harm in the workplace. This is their duty of care. If they breach their duty, it could lead to you becoming harmed in an accident at work.
Examples of how accidents at work could occur include:
- An employer failing to address trip hazards in an office resulting in an employee tripping over trailing leads and sustaining a broken arm in a fall at work.
- An employer failing to ensure workplace machinery is safe and fit for purpose resulting in an employee sustaining an amputated arm when using faulty machinery in a factory.
Road Traffic Accidents
Road user’s have a duty of care to ensure that they are navigating the roads in a way that prevents harm to both themselves and others. The Road Traffic Act 1988 outlines this duty of care. Also, the Highway Code provides guidance on the different responsibilities each road user has as well as some rules that they must follow. The rules are backed elsewhere in law.
If a road user failed to uphold the duty of care they owed you, it could result in you becoming harmed in a road traffic accident. Examples of how this could occur include:
- A driver being under the influence of alcohol or drugs when operating a car, resulting in them knocking you over as a pedestrian. This could lead you to sustain a severely fractured arm as well as other injuries.
- A lorry driver failing to check their mirrors when overtaking on a motorway resulting in you sustaining a broken forearm in a car accident.
Accidents In A Public Place
The party in control of a public space has a duty of care to take steps that ensure the reasonable safety of those using or visiting the space for its intended purpose. This is set out in the Occupiers’ Liability Act 1957.
A failure to uphold this duty could lead to you becoming injured in an accident in a public place accident. For example:
- You could slip or fall in a supermarket because a wet floor was not adequately signposted or cleaned up in a reasonable time frame. This could lead to you sustaining a soft tissue injury to your arm.
- You could fall from a height on the stairs due to inadequate lighting in a restaurant. As a result, you could sustain a wrist and arm fracture.
Please keep in mind that in order to claim for an arm injury, the claims process involves you providing evidence that negligence occurred.
To discuss your specific case and find out whether you could be eligible to seek personal injury compensation, call our advisors on the number above.
How Much Arm Injury Compensation Could You Be Owed?
Following the completion of a successful personal injury claim, you will be awarded compensation for the emotional and physical pain and suffering that you experienced due to your injuries. This is awarded under general damages which is one of the heads of claim that will form your overall settlement.
In order to calculate the value of your injuries, solicitors can refer to the Judicial College Guidelines. This publication contains guideline award brackets, some of which you can find in the table below.
| Injury | Severity Level | Compensation | Notes |
|---|---|---|---|
| Arm Amputation | Loss Of Both Arms | £240,790 to £300,000 | The effect of the injury reduces a person will full awareness to a state of helplessness that is considerable. |
| Arm Amputation | Loss Of One Arm (i) | Not less than £137,160 | One arm is amputated at the shoulder. |
| Arm Amputation | Loss Of One Arm (ii) | £109,650 to £130,930 | One arm is amputated above the elbow. |
| Arm Amputation | Loss Of One Arm (iii) | £96,160 to £109,650 | A below the elbow amputation of one arm. |
| Other Arm Injury | Severe | £96,160 to £130,930 | A serious brachial plexus injury that leaves the person little better off than if they had lost the arm. |
| Other Arm Injury | Permanent And Substantial Disability | £39,170 to £59,860 | One or both forearms sustain a serious fracture causing a significant and permanent disability. |
| Other Arm Injury | Less Severe | £19,200 to £39,170 | Significant disabilities but there is a substantial degree of recovery which has either already happened or will happen in the future. |
| Other Arm Injury | Simple | £6,610 to £19,200 | Forearm fracture of a simple nature. |
Please only use these figures as a guide because your actual settlement will differ.
Could I Also Be Awarded Special Damages?
The other head of claim that could form your overall settlement is special damages. This awards compensation for the financial losses that you have experienced as a direct result of your injuries. For example:
- Cost of care
- Cost of medication
- Loss of earnings
- Travel expenses
You’ll have to provide evidence to claim these costs back. This can come in the form of payslips, invoices or receipts.
To find out more about settlements for successful arm injury claims, please contact an advisor on the number above.
Evidence For Arm Injury Claims
When making a claim for an arm injury, the claims process involves collecting evidence to prove third-party negligence. For example, you could:
- Request CCTV footage of the accident
- Keep a diary of your treatment and symptoms
- Ask for a copy of your medical records
- Take photographs of your injury and the site of the accident
- Note down the contact details of any witnesses
If you’re struggling with collecting evidence to support your claim, you may benefit from working with one of our personal injury solicitors. They have experience handling claims of this nature and could assist you in seeking compensation for your injury.
Find out more about how they could help by calling the number above.
No Win No Fee Solicitors – Get Legal Help Today
One of our No Win No Fee solicitors could offer to represent your claim under the terms of a Conditional Fee Agreement. This is a contract that can give you access to your solicitor’s services without the need to make an upfront or ongoing payment. Also, you won’t be expected to pay for their services if your claim fails.
However, in the case that you’re successful in your claim, you’ll be expected to pay a success fee from your compensation. This fee is discussed between you and your solicitor before your claim begins and has a legal cap which restricts the amount that can be taken. As such, you can keep the majority of your settlement.
For more information on whether you could be represented by one of our solicitors who has experience handling arm injury claims and could offer their services under these terms, speak with an advisor. They can assess your case and connect you with a solicitor if you have valid grounds to pursue a claim for compensation.
Additionally, they can answer any other questions you might have regarding your potential personal injury claim. To get in touch, you can:
- Contact us online
- Call us on 0800 073 8802
- Chat with one of our advisors by using the live chat feature on our website
Find Out More About Arm Injury Claims
For more of our helpful guides:
For more useful resources:
- GOV – Statutory Sick Pay
- Health and Safety Executive – Workplace Statistics
- Think! – Road Safety Laws
Thank you for reading our guide on arm injury claims. If you have any other questions, please get in touch with an advisor via the details provided above.
Writer Louis Ponyo
Editor Meg Moot
