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Fractured Finger Claims

How to Make Finger Fracture Claims

The purpose of this article is to provide you with important information about how you can make finger fracture claims, and to advise you of a number of procedures which should be followed after an injury has been sustained to ensure your right to recover fractured finger compensation is not lost.

There are many factors that can influence whether a compensation claim for a fractured finger will be successful and, since no two cases are exactly alike, to receive individual advice about claiming for having fractured a finger in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining compensation advice promptly after an accident can increase the probability of you being able to successfully claim compensation for fracturing a finger. A solicitor will assess the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific instructions on the procedures which should be followed in order to make a claim for fractured fingers.

There Has to be Negligence in Order to Claim Compensation for Fracturing a Finger

In order for compensation for fracturing a finger to be recovered, your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been broken in order to make finger fracture claims.

If a third party was responsible for you having fractured a finger in an accident it should be possible to claim fractured finger compensation, provided that your injury could have been prevented if the third party in question had taken a reasonable amount of care to keep you safe and out of harm’s way.

It must also be possible to establish and prove that your broken finger was directly caused by third party negligence in order for a compensation claim for a fractured finger to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for fractured fingers there is a strong probability that you will be able to recover accident injury compensation.

How to Prove Negligence in a Compensation Claim for a Fractured Finger

Once the cause of the accident has been attributed to the negligence of at least one third party, it will be necessary to gather evidence of negligence to support your compensation claim for a fractured finger. There are many ways that negligence can be proven in finger fracture claims; although it is vital that prompt action is taken to collect evidence while it still exists.

Eye-witness accounts of the accident and statements taken from people who attended to you after you fractured a finger in an accident that was not your fault can be vital when establishing and proving third party negligence. If the accident was recorded by CCTV or security cameras, an access request can be made for footage to be released and this can be invaluable in support of your claim for fractured finger compensation.

Photographic evidence can also be submitted to support a claim for fractured fingers, which can include photographs of the scene of the accident or the hazard that caused it, and visible injuries should also be photographed to prove the extent of your injuries.

You should also try to make a record the circumstances under which you sustained your injury in an accident book – if appropriate – and it is also important that the accident is reported to the appropriate authorities as copies of these reports can also be submitted in support of a claim for compensation for fracturing a finger.

The Legal Process of Making a Claim for Fractured Fingers

After your accident has been investigated and evidence of third party negligence has been collected, the first stage in the legal process of making a compensation claim for a fractured finger is the drafting and issuing of a letter of claim to the insurance company of the negligent third party responsible for your accident. Twenty-one days must be provided for the insurer to respond to the letter, and a further ninety days must be allowed to enable the insurance company to conduct an investigation into how you fractured a finger in an accident.

If liability for the accident is accepted, the next stage in the claims process is the negotiation of an appropriate settlement of compensation with the insurance company that provided the policy against which fractured finger compensation is being claimed. If negotiations stall or if liability for the accident is not accepted, it will be necessary to issue proceedings and finger fracture claims will need to be litigated through the courts. If this is necessary, your claim for fractured fingers must go before a judge to be decided and if the case is successful, the judge will decide the amount of compensation for fracturing a finger that is awarded, and the insurance company will be ordered to make payment to you.

How Much Fractured Finger Compensation Can I Claim?

Compensation amounts for having fractured a finger in an accident are not fixed. The amount of fractured finger compensation that can be claimed will depend on many factors, such as your age, sex and general state of health at the time of the accident. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological issues as a result of the accident or injury, these must also be included in your claim for fractured fingers.

Finger fracture claims are not only concerned with providing recompense for a physical injury and for suffering psychological problems due to an accident, as it is also possible to recover costs and expenses which have been – or will be- incurred as a result of an injury.

Compensation for fracturing a finger can be claimed for medical expenses, prescription costs, alternative transportation, loss of earnings and damage to personal property and any other financial outlay that was or will be necessitated by your injury.

In order to recover costs in a compensation claim for a fractured finger you must be able to provide proof of expenditure, so it is important that you retain receipts or invoices to submit with your claim.

Statute of Limitations and Fractured Finger Compensation Claims

There is a finite period of time in which finger fracture claims must be made which is dictated by the Statute of Limitations. The Statute of Limitations for making a claim for fractured fingers in the UK is usually three years from the date of injury, although if you sustained your injury on an airplane or at sea you will only have two years to make a claim. If a child has fractured a finger in an accident, the same three year time window applies; although the start of the claims period is the child’s eighteenth birthday and not the date that the injury was sustained.

You may appear to have ample time to make a compensation claim for a fractured finger but it is important that you seek legal advice from a personal injury solicitor as soon as possible. The investigation phase of your claim can take some time to complete as a claim for fractured finger compensation must be thoroughly prepared, and time must be allowed for evidence of negligence to be gathered.

If your case is not started within the time frame dictated by the Statute of Limitations, your case will be time barred and you will lose your legal right to recover compensation for fracturing a finger.

Summary of Actions to Take in Order to Claim for Having Fractured a Finger in an Accident

The best course of action to take after you have sought professional medical attention for having fractured a finger in an accident is to consult a personal injury solicitor for legal advice. Eligibility to recover compensation for fracturing a finger will be confirmed and you will be advised about the steps that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for a fractured finger as well as the amount of fractured finger compensation you should be entitled to recover, and a solicitor is in the best position to provide specific legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make finger fracture claims to receive recompense for your broken finger and to recover expenses you have incurred.

Making a claim for fractured fingers cannot turn back the clock, but it will ensure are not made to suffer financially for being injured in an accident that was not your fault.