Blog Post

An Overview of an Elbow Injury Claim

July 29, 2021

The elbow is a critical part of the body and an injury there can affect your life in multiple ways. Below is an overview of an elbow injury claim.


Types

Elbow injuries come in different types. Below are three major ones.


Biceps or Tendons Tears

The biceps are muscles on the upper part of the arm that extends to the elbow. Tendons are connective tissues that attach muscles, such as the biceps, to the bone. Both tissues can tear when something stretches or traumatizes the elbow area.


Dislocations

Since the elbow is a joint, it can suffer a dislocation just like other joints in the body. A dislocation occurs when a great forces the upper and lower arm bones out of alignment. For example, a slip and fall accident can dislocate the elbow if you try to stop the fall with your elbow.


Fracturing 

The elbow tip can fracture due to great physical trauma. A direct blow to the elbow, for example, by a metallic part of the car during an auto accident, can fracture it.


Treatment

Treatment for elbow injuries varies. Below are some of the treatments your doctor may prescribe.


Rest

Many physical injuries require rest times, and elbow injuries are some of them. Your doctor may prescribe the RICE treatment that involves resting, applying ice on the elbow, using compression on the elbow, and elevating the elbow.


The RICE treatment might not cost you money directly, but some indirect costs are almost inevitable. For example, you might struggle to do your normal work, drive, or handle your household chores during RICE treatments.


Medication

You may also need medication, depending on the extent of the injury. For example, you may need pain medication for a fractured elbow, which can be extremely painful. The medication can ease symptoms like pain and inflammation.


Physiotherapy

Some people also need physiotherapy to regain full use of their elbows after an injury. For example, you may need physiotherapy after an elbow fracture. The need for physiotherapy is even greater if you have a job that requires precise control of the arms or hand.


Surgeries

Surgery is not a common treatment for elbow injuries. However, you might need surgery if your injury develops complications or doesn't respond to the usual treatments. For example, you may need elbow replacement surgery if the elbow is shattered beyond help. Note that surgical treatments typically inflate the value of injury claims.


Case Value

Compensation for an elbow injury claim depends on multiple factors, as is the case with other injuries. Below are some of the factors that matter.


Effect on Work and Life

Most jobs involve some use of the arms, which requires a functional elbow. For example, you need your arms to drive, type on a keyboard, and lift things. An injured elbow is likely to reduce your income, and the lost income forms part of your damages.


Severity of Injury

The severity of the injury is a critical factor in damage calculation. Injury severity determines:

  • Treatment types and costs
  • How long your injury will affect your work
  • How long your injury will affect your life


A severe elbow injury that requires surgery and a long period of rest may attract greater damages than a moderate injury that resolves with a few days of rest.


Strength of Evidence 

The more you can prove your case, the higher your damages are likely to be. Proof comes in different forms, including:

  • Medical records
  • Eyewitness testimony
  • Video or photographic evidence
  • Expert witness testimony


Gather as much evidence as possible to strengthen your case. For example, seek prompt medical care and follow your doctor's advice to the letter to generate a medical record you can use as proof.


Wegner & Associates can help you process your elbow injury claim. Contact us for a free initial consultation to evaluate your case and determine the next steps.

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