UK solicitor explains when you are entitled to claim compensation for personal injury in a road traffic accident and how to calculate the amount of compensation you can recover for whiplash, shoulder rotator cuff injuries and a fractured elbow using a RTA in Burnley, Lancashire as an example.
Road Accident Burnley Question
I was driving my car through Burnley in Lancashire on the way to the M6 to Preston when my car was hit on the passenger side with a lot of force.
A car had attempted to pull out from a side road and had been distracted by using his mobile phone. At the scene the other driver accepted full responsibility.
My car was badly damaged and I felt pain in my neck, shoulder and elbow. The Burnley police and ambulance services arrived at the scene. I was taken to hospital and I was diagnosed with severe whiplash to my neck, a torn rotator cuff and a fractured elbow.
Ever since the accident I have had neck pain and shoulder pain for which I had arthroscopic surgery. Elbow has had several cortisone injections. I always have this neck ache, especially when sitting at the computer or driving home from work.
Can I claim compensation and how much will my claim be worth for neck, shoulder and elbow injuries?
Lancashire RTA Solicitor Response
It is clear from the description you have given that the road traffic accident was the other driver’s fault for not paying proper attention and not giving way to traffic with the right of way. The driver accepted this at the scene and the police report will provide details including statements from both drivers and independent witnesses.
The driver and in turn his motor insurer will be responsible for paying compensation for your injuries and your financial losses; including lost income, medical expenses, travel expenses to the hospital & GP, etc.
The calculation of the amount of compensation you can claim for your injuries, including: severe whiplash, torn rotator cuff and fractured elbow – will depend on a medical report from an orthopaedic expert properly instructed by a solicitor.
The orthopaedic expert will review your medical notes and x-rays from the hospital and your GP. He will examine you and with a duty to the court and on the balance of probabilities he will set out the exact nature of all of your injuries and give an opinion as to what treatment might be necessary for any ongoing problems. He will provide a prognosis setting out an estimate of how long any symptoms could last into the future and the likelihood of any problems being permanent.
Based on this medical report a specialist RTA solicitor will be able to provide you with an estimate of how much you can claim for your neck, shoulder and elbow injuries.
If you would like to discuss making a road traffic accident claim for whiplash, shoulder cuff injuries and an elbow fracture with me in person or start your claim with a specialist solicitor click Burnley car accident claim