This post was originally published in July 2019. It has since been updated with new information and was most recently updated on November 3, 2020.
Arm injuries, especially to the elbow, can be incredibly painful and leave you permanently disabled. When your injury affects your ability to work as you did before, interact with family, or even take care of yourself, you deserve maximum compensation. The amount you get for this type of injury, however, depends on the severity of the elbow injury.
Arm breaks, damage to the elbow joint, and fractures often occur in motor vehicle accidents. These injuries can require long-term physical therapy, surgical repairs, and even with all of the medical advancements available, your arm might never recover fully.
The average settlement for an elbow injury depends on the value of your arm and how many other injuries you sustained in the accident, the type of accident, the circumstances that caused it, and if the injury is permanent.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
Common Types of Elbow Injuries
When you think of a serious injury, elbow injuries may not come to mind. However, when the elbow suffers physical damage, this can severely limit your ability to do the everyday tasks that you are used to easily performing. For example, you may have difficulty lifting even light objects, typing or using a computer, caring for children, and performing other work-related tasks.
There are all types of elbow injuries, ranging from relatively mild to life-changing. Below is a list of some of the most common elbow injuries we’ve seen in the 15 years since opened our doors to help Louisville accident victims:
- Dislocation of the elbow;
- Bursitis in the elbow;
- Torn bicep muscle;
- Fractured elbow;
- Osteoarthritis;
- Muscle spasms in the elbow; and
- Tennis elbow.
Causes of Elbow Injuries
Elbow injuries either occur over time or due to immediate physical trauma. Most of those elbow injuries that occur over time result from small, menial tasks that are performed repeatedly. Often, these injuries are work-related.
When it comes to elbow injuries resulting from physical trauma, the most common causes of injuries are:
Factors That Affect Elbow Injury Compensation
Numerous factors play a role in deciding just how much compensation you deserve for an elbow injury; therefore, it is critical you understand these key differences. Likewise, you should never guess how much you might receive. Instead, speak with an injury attorney for a more accurate calculation.
Factor 1: The Type of Accident and What Caused It
The type of accident and what caused that accident definitely plays a role. A car accident caused by a drunk driver, for example, might include punitive damages on top of the compensatory damages – resulting in a higher settlement.
Also, an injury caused by a defective product, one that the manufacturer should have known existed before releasing that product, could result in a higher settlement.
A simple act of negligence that leads to a motor vehicle accident where your arm becomes injured is still something you can receive maximum compensation for. But if there was no malicious intent, gross negligence, or strict liability, you would fall under the standard compensatory damage amount – which depends on a few more factors.
Factor 2: The Severity of the Injury, Treatments Required, and If It Is Permanent
The more severe the injury, the higher the compensation.
For example, if an arm is completely crushed and requires multiple surgeries, physical therapy for several months, and rehabilitation, that would receive higher compensation than a fracture that heals without surgery.
To determine how serious an injury is, your attorney would calculate the total costs of medical treatment – whether you were hospitalized, required surgery, and costs for physical therapy – and determine the cost of medical care in total. If you require long-term medical treatments, then your attorney would also factor those into the cost of your compensation estimate.
Likewise, your attorney will consider how permanent the injury is. If your physician testifies that you will never fully recover even after your surgeries and you are now permanently disabled, you will receive higher compensation for the pain, suffering, and changes to your quality of life due to that permanent injury. If you will recover fully, or if you already have, you would receive a lower value.
Factor 3: How Your Injury Affects Employment
Permanent injuries might force you to change careers, and in some cases, you may lose hundreds of thousands in potential income.
For example, your job is working in construction. But because of your permanently disabled arm, you cannot work in the industry and you cannot lift anything with both arms, which excludes you from similar lines of work. Not only do you need vocational rehabilitation to help you train for new positions, but you may take a pay cut annually, depending on the replacement position you find. In this case, your attorney would calculate your loss of earning capacity due to the injuries you sustained and how they affect your ability to work in the future.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
The Common Calculations
Now that you know the factors, you need to know the common numbers your attorney looks at when considering a fair settlement in your case. These common numbers include:
- Total Cost of Medical Expenses – The total cost of your medical expenses, including any estimated future costs, will factor into your compensation. These are based on easily calculated numbers. Your attorney uses outstanding medical bills, those paid by your insurer, and any estimates from your physician to determine how much it would cost to treat your elbow injury.
- Total Lost Wages and Loss of Earning Capacity – Your wages lost while you recovered from your accident along with any wages lost during your personal injury settlement process would be factored into the total settlement as well. If you cannot return to your same job, or you will have limited capacity to earn a living, your attorney will also factor in the loss of earning capacity.
- Property Damage – If any personal property, such as your vehicle and belongings inside the vehicle, are damaged and require repair or replacement, those costs are factored into your settlement.
- Pain, Suffering, and Quality of Life – These are not as easily calculated, but they are factored into your compensation. Your attorney will consider how much the accident impacts your life, the physical pain and mental anguish you experience, and any suffering.
- Past Case Settlements – Your attorney will look at past settlements for similar cases when they went to trial. While your case is unique, this serves as a reference point to ensure you are not asking too little or too much, and gives the insurance company an idea of what they risk paying if they refuse to settle privately.
Did You Suffer a Serious Elbow Injury? Contact an Attorney Immediately
If you or a loved one suffered a serious elbow injury from an accident, you need an attorney to fight for your right to fair compensation. Attorney Seth Gladstein from Gladstein Law Firm, PLLC, can assist you with your case. He has helped countless victims of accidents receive compensation for their injuries, including those to their arm and elbow, and he can help you and your loved ones, too.
Get started by scheduling a no-obligation case evaluation at 502-791-9000 or request more information online.
Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.
