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Compensation Claim for a Scaphoid Fracture

Is it possible to pursue a compensation claim for a scaphoid fracture if you believe that you may have been partly at fault for your injury?

It may be possible for you to pursue a compensation claim for a scaphoid fracture if you believe that someone other than yourself was at least partly at fault for your accident, however if you are found to be partially to blame you may have to cede part of your settlement to represent your contribution to your injury. Often however, claimants believe that they are partly or wholly to blame for an accident when in fact they are not to blame at all, and only by seeking the assistance of a legal professional will you be able to ascertain if you are entitled to pursue a claim for a fracture, and whether or not you are entitled to keep one hundred percent of your settlement.

In order to qualify to claim compensation for a wrist injury you will have to prove that someone other than yourself was at least partially responsible for your injury. This person must have held a responsibility for your health and safety at the time of your accident – e.g. an employer at work, or another motorist on the road. A person responsible for ensuring the health and safety of others is said to owe them a ‘duty of care’ – if you can prove that someone failed in their ‘duty of care’ towards you, you may be entitled to pursue a claim for compensation.

You should note that it is likely that the person who owed you a ‘duty of care’ at the time of your accident may not have held an ‘absolute’ duty of care – meaning that you may have been responsible for ensuring your own health and safety.

Regardless of whether you believe that you were at fault for your injury, you should ensure that you get it on record. In order to do this you should make an appointment to see your local GP or visit the Accident and Emergency room at your nearest hospital – ideally, you would have had your injury treated immediately after sustaining it. Not having your injury treated right away may allow a negligent party to claim that you exacerbated it through your inaction – an argument that may also see you forced to forfeit a portion of your compensation for a wrist injury to represent your own carelessness.

To find out definitively whether or not you are entitled to pursue a compensation claim for a scaphoid fracture and whether or not your claim for a fracture is likely to be inhibited by any contribution you may have made towards your injury, speak with a personal injury claims solicitor at the first available opportunity. A solicitor will be able to provide you with more information on pursuing compensation for a wrist injury, and if you are eligible to claim, can help you prepare your claim. It is important to remember that if your contribution to your injury is considered to be greater than fifty percent, making a compensation claim for a scaphoid fracture may not be considered as viable.