What damages am I entitled to receive when I make a claim for elbow injury compensation? I have a dislocated elbow due to a motorcycle accident that was not my fault, and now require surgery and a lot of rest. My condition is also likely to interfere with my work as a manual laborer.

Answer:

Awards for elbow injury compensation are granted for two aspects: “general damages” and “special damages”. General damages are intended to provide you with elbow injury compensation for your pain and suffering, and address the decline in your quality of life as a result of your injury. Special damages in your elbow injury compensation claim are awarded on the basis of your financial losses and costs.

The special damages in your elbow injury compensation settlement should meet your medical expenses. As you will require surgery for your dislocated shoulder and time to recuperate, your award in the form of special damages should also address your loss of earnings for the time you are expected to stay home. Moreover, if your injury interferes with your ability to resume your former line of work, this aspect may also be considered in your claim for elbow injury compensation.

Once you have discussed your circumstances with a lawyer, and liability for the accident has been established, a lawyer may also be able to arrange “interim payments” of elbow injury compensation on your behalf, so that you do not have to wait for your elbow injury compensation claim to be resolved to start paying for any pressing medical expenses.

Consequently, it is in your best interests to speak with a personal injury lawyer at the earliest opportunity to discuss your potential claim for elbow injury compensation. A lawyer should be able to tell you what you may be entitled to receive in your claim for elbow injury compensation – for both general and special damages – so that if you are approached with an early settlement offer from the negligent party’s insurers, you will be aware of the actual value of your claim.