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Tendonitis Injury Compensation

How to Claim Tendonitis Injury Compensation

The purpose of this article is to provide you with important information about how you can claim tendonitis injury compensation, 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 compensation for tendonitis is not lost.

There are many factors that can determine whether a compensation claim for tendonitis will be successful and since no two cases are exactly alike, to receive individual advice about claiming for having damaged a tendon 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 a tendon injury. A solicitor will evaluate 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 claims for tendonitis.

You Must Seek Professional Medical Attention If You Damaged a Tendon in an Accident

Your legal right to claim tendonitis injury compensation will be affected if you do not seek medical attention for your injury. Your health must be your number one priority if you damaged a tendon in an accident; not only will seeking prompt medical treatment ensure that the damage sustained in the accident is kept to the minimum possible level, but your claims for tendonitis must be supported by your medical records.

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

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

There Must Have Been Negligence in Order to Make Injury Claims for Tendonitis

In order for compensation for a tendon injury to be claimed, 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 for you to be eligible to claim tendonitis injury compensation.

If a third party was responsible for you having damaged a tendon in an accident it should be possible to claim compensation for tendonitis, 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 prove that your tendon injury was directly caused by third party negligence in order for a compensation claim for tendonitis to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate claims for tendonitis there is a strong probability that you will be able to recover injury compensation.

Statute of Limitations and Claiming Compensation for Tendonitis

There is a finite period of time in which tendonitis injury compensation must be claimed which is dictated by the Statute of Limitations. The Statute of Limitations for making a claims for tendonitis in the UK is usually three years from the date of injury, although if you sustained your injury on an aeroplane or at sea you will only have two years to make a claim. If a child has damaged a tendon 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 tendonitis but it is important that you seek legal advice from a personal injury solicitor as soon as possible. The investigation phase of your case can take some time to complete as a claim for compensation for tendonitis must be thoroughly prepared, and time must be allowed for evidence of negligence to be collected.

If your case is not filed 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 a tendon injury.

The Legal Process of Making a Compensation Claim for Tendonitis

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 tendonitis 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 investigate how you damaged a tendon 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 compensation for tendonitis is being claimed. If negotiations stall or if liability for the accident is not accepted, it will be necessary to issue proceedings and your claim for tendonitis injury compensation will need to be litigated through the courts. If this is necessary, your claims for tendonitis must go before a judge to be decided and if the case is successful, the judge will stipulate the amount of compensation for a tendon injury that is awarded, and the insurance company will be ordered to make payment to you.

Summary of Actions to Take in Order to Recover Compensation for a Tendon Injury

The best course of action to take after you have sought professional medical attention for having damaged a tendon in an accident is to consult a personal injury solicitor for legal advice. Eligibility to recover compensation for a tendon injury will be assessed and you will be informed of 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 tendonitis as well as the amount of compensation for tendonitis you should be entitled to recover, and a solicitor is in the best position to provide pertinent 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 tendonitis injury compensation claim to receive recompense for your tendon injury and to recover any expenses you have incurred.

Making claims for tendonitis cannot turn back the clock, but they will ensure you are not made to suffer financially for being injured in an accident that was caused by someone else.