Accidents happen unexpectedly, and unfortunately, they can result in serious injuries. One such injury is a broken humerus, which can have a significant impact on a person’s life. If you have suffered a Broken Humerus Compensation due to someone else’s negligence or fault, you may be entitled to compensation. In this comprehensive guide, we will explore the process of pursuing a compensation claim for a broken humerus, including the factors that determine the amount of compensation you can claim, the validity of your claim, and important considerations to keep in mind.

How Much Compensation Can I Claim?

The amount of compensation you can claim for a broken humerus depends on various factors, including the severity of the injury, the impact it has had on your life, and the long-term consequences. Compensation is typically divided into two categories: general damages and special damages.

General damages refer to the compensation awarded for the pain, suffering, and loss of amenity caused by the injury. The severity of the broken humerus and its impact on your daily life will be taken into account when determining the amount of general damages.

Special damages, on the other hand, cover any financial losses you have incurred as a result of the injury. This can include medical expenses, rehabilitation costs, loss of earnings, and any other out-of-pocket expenses directly related to the injury.

To get a better understanding of the potential compensation amounts for a broken humerus, let’s look at some case study examples:

Broken Humerus Compensation: Do I Have a Valid Claim?

To have a valid claim for a broken humerus compensation, you need to establish the following:

Duty of Care: The party you are holding responsible for your injury must have owed you a duty of care. For example, if you suffered the injury in a workplace accident, your employer has a duty of care to provide a safe working environment.

Breach of Duty: You must demonstrate that the party responsible for your injury breached their duty of care. This could be due to negligence, failure to provide proper safety measures, or inadequate training.

Causation: You need to establish a direct link between the breach of duty and your broken humerus. In other words, you must prove that the negligence or fault of the other party directly caused your injury.

Damages: Finally, you must have suffered damages as a result of the broken humerus. This can include physical pain, emotional distress, medical expenses, loss of earnings, and any other financial losses incurred due to the injury.

If you believe that these criteria apply to your situation, it is advisable to consult with a personal injury solicitor who specializes in broken humerus compensation claims. They will assess the merits of your case and guide you through the legal process.

Statistics For Personal Injury Claims In The UK

Personal injury claims are not uncommon in the UK, and they cover a wide range of accidents and injuries. According to statistics from the Association of Personal Injury Lawyers (APIL), there were over 800,000 personal injury claims filed in the UK in 2020. These claims include various types of accidents, such as road traffic accidents, workplace accidents, and public liability incidents.

When it comes to broken humerus compensation claims specifically, the exact statistics may vary. However, it is important to note that broken humerus injuries can occur in various settings, including workplaces, public spaces, and road accidents. Seeking legal advice from a personal injury solicitor who specializes in broken humerus claims will give you a better understanding of the specific statistics and trends relevant to your case.

In the year 2022/23, 68 members of the public were killed in work-related accidents in the UK 1. Over the long term, the rate of fatal injury to workers showed a downward trend, although in the recent years prior to the coronavirus pandemic, the rate had been broadly flat. The current rate is similar to pre-pandemic levels 1.

In terms of non-fatal injuries, according to self-reports from the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 5. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period (RIDDOR) 5. Prior to the coronavirus pandemic, both the rate of self-reported non-fatal injury to workers and the rate of non-fatal injury to employees reported by employers showed a downward trend. The current rates are similar to the 2018/19 pre-coronavirus levels 5.

These statistics are crucial for understanding the state of workplace safety in the UK. They highlight the importance of implementing robust safety measures and enforcing stringent regulations to prevent workplace accidents and injuries.

Fatal Injuries

Over the long-term, the number of fatal injuries to employees has substantially reduced. For instance, in 2022/23, there were 68 fatal injuries among workers 1. The main types of fatal accidents included falls from a height (40 incidents), being struck by a moving object (29 incidents), and being struck by a moving vehicle (20 incidents) 1.

Non-fatal Injuries

On the other hand, non-fatal injuries have seen a significant decrease over the years. According to the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 4. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period 4.

Work-Related Illness

As for work-related illness, the rate of total self-reported work-related ill health (including both new and long-standing cases) has declined from the level seen in the 1990s. However, the rate of self-reported work-related stress, depression, or anxiety had shown signs of increasing in the recent years prior to the coronavirus pandemic 2.

In 2022/23, the rate of total self-reported work-related illness was higher than the 2018/19 pre-coronavirus level, driven by a higher rate of self-reported work-related stress, depression, or anxiety. For self-reported work-related musculoskeletal disorders, the rate in 2022/23 was similar to the 2018/19 pre-coronavirus level 2.

Comparison with Previous Years

To compare these statistics with previous years, we can refer to the Health and Safety Executive’s report on workplace injury for 2020/2021. In this period, a total of 441,000 working people sustained an injury at work, and 142 workers were killed at work 5.

These statistics show a clear downward trend in fatal injuries and non-fatal injuries over the years. However, the rise in work-related stress, depression, and anxiety indicates that there is still room for improvement in managing mental health in the workplace.

Broken Humerus Compensation: How To Recover Following an Accident

Recovering from a broken humerus can be a challenging and lengthy process. It is crucial to prioritize your physical and emotional well-being during this time. Here are some steps you can take to aid your recovery:

Seek Immediate Medical Attention: After sustaining a broken humerus, it is essential to seek medical attention promptly. A healthcare professional will assess the severity of the injury and provide appropriate treatment, which may include immobilization, surgery, or physical therapy.

Follow Medical Advice: It is crucial to follow the advice and treatment plan outlined by your healthcare provider. This may involve attending regular follow-up appointments, participating in rehabilitation exercises, and taking prescribed medications.

Rest and Allow Time for Healing: Recovery from a broken humerus takes time. It is important to rest the affected arm and avoid activities that may exacerbate the injury. Follow your healthcare provider’s instructions regarding rest and activity limitations.

Attend Physical Therapy: Physical therapy plays a vital role in the recovery process. A qualified physical therapist can provide exercises and techniques to help improve mobility, strength, and function in the affected arm.

Seek Emotional Support: Dealing with a broken humerus can be emotionally challenging. Reach out to friends, family, or support groups to discuss your feelings and seek emotional support during your recovery.

Maintain a Healthy Lifestyle: A healthy lifestyle can contribute to a smoother recovery. Eat a balanced diet, stay hydrated, get enough sleep, and engage in activities that promote overall well-being.

Remember, every individual’s recovery journey is unique. It is important to listen to your body, follow medical advice, and be patient with yourself as you navigate the healing process.

Broken Humerus Compensation: Average Compensation Payout Amounts

Determining the average compensation payout amount for a broken humerus can be challenging due to the wide range of factors involved. However, based on previous cases, the compensation amounts can vary significantly.

On average, compensation payouts for broken humerus injuries range from £5,000 to £30,000 for general damages alone. Special damages, which cover financial losses, can further increase the overall compensation amount.

Factors that influence the compensation payout include the severity of the injury, the impact on daily life and work, the need for ongoing medical treatment, and any long-term consequences or disabilities resulting from the injury.

To get a more accurate estimate of the potential compensation payout for your specific case, it is advisable to consult with a personal injury solicitor who specializes in broken humerus compensation claims. They will assess the details of your case and provide a more accurate estimation based on their expertise and knowledge of similar cases.

Broken Humerus Compensation: Case Study Examples

To provide further insight into broken humerus compensation claims, let’s explore a couple of case study examples:

Case Study 1:

Jane, a factory worker, suffered a broken humerus when a heavy object fell on her arm due to inadequate safety measures in the workplace. She required surgery and extensive rehabilitation. As a result, Jane experienced significant pain, loss of mobility, and had to take time off work.

After consulting with a personal injury solicitor, Jane pursued a compensation claim against her employer. The court determined that her employer had breached their duty of care by failing to provide a safe working environment. Jane was awarded £20,000 in general damages for her pain, suffering, and loss of amenity, as well as £15,000 in special damages to cover medical expenses and loss of earnings during her recovery period.

Case Study 2:

Mark, a cyclist, was involved in a road traffic accident when a car collided with him, causing a broken humerus. The accident was deemed to be the driver’s fault due to their negligence. Mark underwent surgery and required ongoing physiotherapy to regain full use of his arm.

Mark’s personal injury solicitor negotiated a settlement with the driver’s insurance company. He was awarded £15,000 in general damages for his pain, suffering, and loss of amenity, along with £10,000 in special damages to cover medical expenses and loss of earnings during his recovery.

These case studies highlight the potential compensation amounts for broken humerus injuries and the importance of seeking legal advice to navigate the claims process successfully.

Understanding Liability in Injury Claims

When pursuing a compensation claim for a broken humerus, establishing liability is a crucial aspect of the process. Liability refers to the legal responsibility of the party or parties responsible for the injury.

In cases involving broken humerus injuries, liability can fall on various parties, depending on the circumstances. For example:

Workplace Accidents: If the injury occurred in the workplace, the employer may be held liable for breaching their duty of care. This could be due to inadequate safety measures, lack of training, or failure to comply with health and safety regulations.

Road Traffic Accidents: In cases where a broken humerus resulted from a road traffic accident, liability may lie with the driver who caused the accident. Negligent actions such as speeding, distracted driving, or failure to yield can establish liability.

Public Spaces: If the injury occurred in a public space, such as a train station or shopping center, liability may rest with the entity responsible for maintaining the premises. They have a duty of care to ensure the safety of visitors and address any hazards that may cause harm.

Establishing liability requires gathering evidence to support your claim. This can include witness statements, photographs or videos of the accident scene, medical records, and any other relevant documentation. It is essential to consult with a personal injury solicitor who specializes in broken humerus compensation claims to ensure that liability is properly established and your rights are protected.

Broken Humerus Compensation: Frequently Asked Questions (FAQ)

Q: How long do I have to make a compensation claim for a broken humerus?

A: In the UK, the general time limit for making a personal injury claim is three years from the date of the accident or from the date you became aware of your injury. However, it is advisable to seek legal advice as soon as possible, as gathering evidence and building a strong case can take time.

Q: Can I still make a claim if the accident was partially my fault?

A: Yes, you may still be able to make a claim even if you were partially at fault for the accident. The concept of “contributory negligence” applies in such cases, where the compensation amount may be reduced based on the percentage of fault attributed to you. Consulting with a personal injury solicitor will help determine the viability of your claim.

Q: What if the party responsible for my injury does not have insurance?

A: If the responsible party does not have insurance, you may still be able to pursue a claim. In such cases, your solicitor can explore alternative options, such as seeking compensation from a relevant insurance scheme or pursuing a claim against the individual’s personal assets.

Q: How long does the compensation claims process typically take?

A: The duration of the claims process can vary depending on the complexity of the case and whether liability is disputed. Some cases can be resolved within a few months, while others may take longer, especially if court proceedings are required. Your solicitor will be able to provide a more accurate estimate based on the specific details of your case.

Q: Will I have to go to court to pursue a compensation claim?

A: Not all compensation claims for broken humerus injuries go to court. In many cases, settlements can be reached through negotiation between your solicitor and the responsible party’s insurance company. However, if a fair settlement cannot be reached, court proceedings may be necessary. Your solicitor will guide you through the process and represent your interests.

Suffering a broken humerus can have a significant impact on your life, both physically and financially. If your injury was caused by someone else’s negligence or fault, pursuing a compensation claim can help alleviate the financial burden and provide you with the necessary support for your recovery.

Remember to consult with a personal injury solicitor who specializes in broken humerus compensation claims to ensure that your rights are protected and that you receive the maximum compensation you deserve. They will guide you through the claims process, establish liability, gather evidence, and negotiate on your behalf.