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Muscle Injury Compensation Claim

How to Make a Muscle Injury Compensation Claim

The intention of this article is to provide you with important information about how you can make a muscle injury compensation claim, and to advise you of a number of actions which should be followed after an injury has been sustained to ensure your right to recover muscle injury accident compensation is not lost.

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

Obtaining legal advice quickly after an accident can increase the probability of you being able to successfully claim compensation for a muscle injury. A solicitor will listen to the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific information about the procedures which should be followed in order to make a claim for muscle injuries.

There Has to be Negligence in Order to Claim Compensation for a Muscle Injury

In order for compensation for a muscle injury to be awarded, 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 contravened in order to make a muscle injury compensation claim.

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

It must also be possible to prove that your muscular injury was directly caused by third party negligence in order for a compensation claim for a muscle injury to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for muscle injuries there is a strong probability that you will be able to recover personal injury compensation.

If You Injured a Muscle in an Accident You Must Seek Professional Medical Attention

Your entitlement to make a muscle injury compensation claim will be affected if you do not seek medical attention for your injury. Your health must be your number one priority if you have injured a muscle in an accident; not only will seeking prompt medical examination ensure that the damage sustained in the accident is kept to the minimum possible level, but your claim for muscle injuries must be backed up by your medical records.

Even if you were provided with first aid at the scene of the accident after injuring a muscle, it is still important for you to have a thorough medical examination conducted as a claim for compensation for a muscle injury cannot be justified if your injury did not warrant you seeking medical attention.

If you did not receive medical attention quickly after your accident you will not have lost the right to make a compensation claim for a muscle injury. However, if your injuries have deteriorated as a direct result of a delay in seeking medical treatment, the settlement of muscle injury accident compensation you will be able to recover is likely to be reduced.

How to Prove Negligence in a Compensation Claim for a Muscle Injury

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

Eye-witness accounts of the accident and statements taken from people who came to your aid after you injured a muscle 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 the recording to be released and this can be important in support of your claim for muscle injury accident compensation.
Photographic evidence can also be submitted to substantiate a claim for muscle injuries; 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 seriousness of your injuries.

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

Contributory Negligence and Compensation for a Muscle Injury

Not all accidents involve the negligence of a single third party, and often a muscle injury compensation claim needs to be made against multiple individuals whose combined negligence caused an accident to occur and an injury to be sustained.

When an accident involves the negligence of more than one third party, a separate claim for muscle injuries must be made against the insurance policy of each third party that caused for the accident for the percentage that each is responsible.

Calculating the degree to which fault can be assigned to multiple individuals can be difficult, and for this reason contributory negligence is likely to make a compensation claim for a muscle injury problematic. It is therefore strongly advisable to seek legal advice from a personal injury solicitor if you injured a muscle in an accident and liability is not straightforward to establish.

The principle of contributory negligence can also be applied to an accident victim, and the amount of muscle injury accident compensation that can be claimed will be affected by the role you played in the accident or if your actions increased the severity of the injuries that you sustained. If the negligent third party’s insurance company determines that you were negligent, the amount of compensation for a muscle injury you are awarded is likely to be reduced.

How Much Muscle Injury Accident Compensation Can I Claim?

Compensation rates for having injured a muscle in an accident are not fixed, and will primarily be dictated by the severity of your injury. The amount of muscle injury accident compensation that can be claimed can also be affected by many other 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 disorders as a result of the accident or injury, these must also be included in your claim for muscle injuries.

A muscle injury compensation claim is not only concerned with providing recompense for pain and suffering, as it is also possible to compensated for costs and expenses which have been – or will be – incurred as a result of an injury.

Compensation for a muscle injury can include reimbursement for medical expenses, the cost of rehabilitation, prescription costs, alternative transportation, loss of earnings and damage to personal property in an accident, in addition to other costs that were or will be necessitated by your injury.

In order to recover costs in a compensation claim for a muscle injury you must be able to provide proof of expenditure; so it is essential that you retain receipts or invoices to submit with your claim.

How to Claim Compensation if your Child Injured a Muscle in an Accident

If your child injured a muscle in an accident, a claim for compensation should be possible although your child is not permitted to take legal action personally until the age of consent has been reached. In the majority of cases, delaying a muscle injury compensation claim will affect the likelihood of success and it is usually important that a claim is filed more promptly.

In order for a compensation claim for a muscle injury to be made before the age of consent has been reached, an adult must make a request to the courts to become a ‘litigation friend’ on behalf of the child. Before a litigation friend can be accepted by the courts, financial responsibility for making a claim for muscle injuries must be accepted by the litigation friend and it must also be established that the muscular injury claim is being made in the best interests of the child.

If the case is successful, muscle injury accident compensation will be awarded to the child; although it would not be released by the courts until adulthood has been reached. An application can be made to a judge to release a proportion of compensation for a muscle injury to a parent or legal guardian as recompense for ongoing expenses such as the cost of medical treatment.

Summary of Actions to Take in Order to Claim

The best course of action to take after you have sought professional medical attention for having injured a muscle in an accident is to contact a personal injury solicitor for legal advice. Eligibility to recover compensation for a muscle injury will be assessed and you will be told about the actions 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 muscle injury as well as the amount of muscle injury accident compensation you should be entitled to recover, and an independent solicitor is in the best position to provide relevant 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 a muscle injury compensation claim to receive recompense for your muscular injury and to recover any costs you have incurred.

Making a claim for muscle injuries cannot make up for an injury that has been sustained, but it will ensure are not made to suffer financially for being injured in an accident for which you were not to blame.