Can You Get Tennis Elbow From A Car Accident?
Tennis elbow is normally associated with regular repeated use of the elbow joint. But is it possible to suffer an injury such as this from a road collision? In this article, we examine the possible causes of tennis elbow, (or to give it its medical name, lateral epicondylitis). Or how such a pre-existing injury could be aggravated by a car accident. We discuss what your options might be for seeking compensation if an injury like this was caused by the negligence of another road user.
Car accidents can cause an array of bodily harm that range from minor to life-threatening. You may already be suffering the financial and health impacts of an accident like this? If so, at UK Law we would like to offer you the opportunity to learn more about starting a successful claim for compensation. Speak to our team for instant guidance by:
- Call today for free legal advice: 020 3870 4868
- You could also start the claim online: online contact form.
- Or, use the live support chat below.
- Everything You Need To Know About Tennis Elbow From A Car Accident
- What Is Tennis Elbow?
- Anatomy Of The Elbow Joint
- Tennis Elbow Symptoms
- What Is The Main Cause Of Tennis Elbow?
- Could You Get Tennis Elbow From A Car Accident?
- Tennis Elbow From A Car Accident Compensation Calculator
- Diagnosing And Treating Tennis Elbow
- How Long After Being Injured In A Car Accident Can You Claim?
- I Suffered Tennis Elbow In A Car Accident, What Should I Do?
- Claim For Tennis Elbow From A Car Accident On A No Win No Fee Basis
- Useful Pages
- FAQs Tennis Elbow From A Car Accident
Tennis elbow is an irritating and persistent health problem. The aching in the elbow injury can be nagging and debilitating, causing the sufferer pain with the slightest use of that arm. Every ‘micro-movement’ can be agony and some basic tasks are rendered impossible. Tennis elbow from a car accident can be all the more frustrating if it was caused by the recklessness or negligence of another road user.
Laws exist in the UK to hold all road users to strict account for their personal conduct behind the wheel. A level of due care and diligence is required by law and if that duty is breached, the road user can be liable for the damages they cause. With evidence, you can construct a claim against them and hold them responsible for your suffering.
In this article, we explain how a No Win No Fee lawyer could help you calculate compensation. Using two types of damages, it’s possible to arrive at an overall settlement request that could adequately take care of all the financial and health problems your injury has created.
Using a personal injury solicitor in situations like this could offer you immediate help for your tennis elbow claim. Call today to speak to an advisor for free legal advice.
Essentially a type of repetitive strain injury (RSI), tennis elbow is an extremely common complaint that arises when the elbow muscles become over-worked. Lateral epicondylitis can cause soreness and constant pain every time the elbow is flexed or extended. This can render the simplest of tasks painful such as lifting anything of moderate weight, holding small objects such as a pen or even twisting things open such as jars or opening doors.
This type of injury can also occur from knocking or banging the elbow. This could easily happen in a road traffic accident if the arm is knocked against the interior of the car in the course of a collision.
Basic tasks performed dozens of times a day can become excruciating and there is no immediate solution to this health problem. Furthermore, a typical bout of tennis elbow can be a prolonged issue, typically requiring anywhere between 6 months to two years to heal. However, most sufferers do make a full recovery.
There are three main bones of the arm called the humerus, radius and ulna. They meet at the elbow joint. This arrangement affords the arm great mobility and the elbow plays a key role in virtually every function the arm performs.
The elbow is a hinged joint. Each of the three bones at the elbow is covered by cartilage. The joint capsule that holds the bones in place is made up of ligaments. The main ligaments of the elbow joint are the medial collateral ligament and the lateral collateral ligament.
But a sudden ‘one off’ incident could also easily disrupt normal function in this part of the anatomy by suddenly stretching the ligaments and muscles.
How can you tell if you have tennis elbow? Most pain sensations from lateral epicondylitis are felt on the exterior of the elbow joint, but also the forearm. Pain could range from mild discomfort to severe. Twisting movements can trigger a sudden jolt of pain but sufferers also complain of a dull, mild ache when the limb is motionless.
If you feel you have suffered from tennis elbow from a car accident, you might notice:
- Pain that may travel down your forearm
- Pain on the outside of the elbow
- You could feel pain when gripping a small object
- Or when twisting your arm
Although this condition most commonly presents as a repetitive sprain injury created by the constant performance of a certain task, it is possible to tear the tendons, muscles and ligaments in a road traffic accident as a result of one sudden incident.
It is always advisable no matter how minor you think the injury to be to receive medical attention for any injury or pain that has resulted from a road traffic accident. Something that may seem only minor could turn out to be much more serious than you first thought.
Tennis elbow is named after its association with repeated activities and was commonly identified with impact racquet sports. These days it’s more likely to be a result of repetitive tasks in the modern workplace.
Some common causes include:
- Tasks that involve arm and hand repetitive moves such as typing
- Any task that needs to be performed in a constantly repeated fashion (factory conveyor belt lines or assembly plants)
- Manual lifting
- Operating vibratory machinery (chain saws, etc)
- Sports activities
- Any repetitive hand or wrist motion
- Knocking or hitting the elbow joint or causing the joint to be overstretched in an accident
If we collided with heavy steel of another vehicle, any part of our anatomy can suffer a crush, jolt, tear or compression and as such, elbow damage such as this might easily be included.
Government statistics show that car accidents are worryingly common on British roads. Whilst laws do exist to keep us safe, reckless or irresponsible driving or even bad weather conditions can make the shortest journey perilous.
Airbags and increased car safety help, but a high-speed collision can still have devastating consequences.
Generally, you could get injured:
- As a motorist whose elbow is damaged in a car collision
- Knocked from your bicycle by a car
- Collide with a pedestrian because they run out into the road
Tennis elbow from a car accident could form part of multiple injuries. When considering your options for making a compensation claim it is vital that you can show how another road user or third party who owed you a duty of care is liable for the accident.
Discuss your case with our advisors and they could help clarify your position on seeking compensation for all your injuries.
To address the issue of uninsured drivers or accidents of a ‘hit and run’ nature, there is an agency called the Motor Insurer’s Bureau (MIB) which provides a mechanism through which victims of injury caused by uninsured or errant drivers can, under certain circumstances be paid some form of compensation.
Each case is assessed on an individual basis. In cases such as this, it can be worthwhile to consider contacting the MIB and discussing your options.
If you make a successful tennis elbow from a car accident claim you can be awarded up to two heads of claim. General damages will be awarded to cover the injury and the pain and suffering caused. Additionally, if the claimant qualifies for general damages they may also be awarded special damages.
You will be asked to attend an independent medical assessment. A specialist in that field or a GP can generate a medical report which is then sent to all parties to use as evidence. Using a publication called the Judicial College Guidelines, it’s possible to cross-reference your injuries with those listed in this guide.
The amounts are merely guidelines, not guaranteed compensation amounts and they pertain to the level of pain and suffering it is considered you have suffered. Called ‘general damages’ the chart below illustrates what might be deemed appropriate in an excerpt from the JCG:
|Injury type||Severity||Award possible||Notes|
|Elbow||Severe||£36,770 to £51,460||A serious, debilitating or life-altering injury|
|Elbow||Less Severe||£14,690 to £30,050||Impaired function but not involving major disability or the need for major surgical intervention|
|Elbow||Moderate or Minor||Up to £11,820||Tennis elbow, simple fractures, lacerations and most types of elbow injury fall into this bracket|
|Elbow||Minor||Up to £3,310||Injuries fully resolving after one year|
|Elbow||Minor||Up to £5,890||Recovery within 2 years|
After this, a secondary amount of damages called ‘special damages’ can be calculated using hard copy documentation that proves financial loss. Unexpected illness and injury can create many additional demands on your money. For example:
- You may be unable to work and lose income
- Future work opportunities may be denied to you
- There can be care costs attached to domestic requirements you cannot perform
- Child care issues might arise
- You might miss out on bonuses or pension contributions
- Pet care could become an issue
- Physiotherapy costs
- The need for medical supplies or remedial treatments
So, in addition to the mental and physical anguish acknowledged under general damages, you could use bills, receipts and other forms of documentation to demonstrate how the injuries caused you to suffer financially.
With this in mind, call our team now to discuss what other things could be eligible.
No matter how minor you think an injury may be after a car accident it is so important to be checked over. That way any injury can receive immediate treatment and care so that your condition does not deteriorate.
If you are presenting with signs of tennis elbow the doctor you see may perform a basic examination. Additionally, they may ask for an x-ray, magnetic resonance imaging (MRI) or ultrasound to be carried out to look closely at the injured elbow.
It will depend on the nature and severity of the tennis elbow injury, what type of treatment you will receive. Seeking medical advice at the earliest possible opportunity will give your injury the best chance of making a full and speedy recovery.
As discussed, the healing time for tennis elbow can vary, but most people make a full recovery eventually.
There is a three-year time limit to making a personal injury claim. If the accident involved a minor, the time frame starts from the date that they attain maturity at 18 years old.
You can start a claim earlier than this on behalf of a minor by acting as a ‘litigation friend’. This is an adult who has the child’s best interests at heart and can undertake all the court requirements on their behalf.
You can also be a litigation friend to anyone who lacks the ability to represent themselves.
To summarise the main points on what to do if you suffered a tennis elbow from a car accident that was not your fault, we recommend the following course of action:
- Firstly, seek medical advice or call 999 for serious injuries
- If it is safe to do so collect the details of the other drivers involved
- If they flee the scene, call the police
- Use CCTV or witness statements to support your claim
- Take photos (on your phone) of the collision site
- Start to retain and track documented proof of any financial expenditure caused by the accident and injuries
- Consider reaching out to a No Win No Fee lawyer to help you conduct your claim
A No Win No Fee agreement or ‘Conditional Fee Agreement’ is exactly that – a fee that is conditional on the case winning. If your case does not win, there is nothing to pay your solicitors when they work in this way.
Only a small percentage is due at the end of cases that win. These combined benefits mean that using a No Win No Fee agreement can enable you to start your claim with legal representation without upfront costs.
You simply provide your lawyers with as much supporting evidence and information as you can. They do the rest. This enables you to concentrate on getting well.
Thank you for reading this guide on compensation for a tennis elbow from a car accident. We hope that it has provided you with some information that you can use to make the best possible choice for your claim.
Why not get in touch today:
- Call today for free legal advice: 020 3870 4868
- You could also start the claim online: online contact form.
- Or, use the live support chat below
We can help with other types of personal injury, too. Get in touch if you have suffered an accident at work that was not your fault, a slip, trip or fall injury in public or perhaps an accident that occurred whilst you were on holiday? UK Law can help.
Here are other resources that provide additional information:
Can trauma cause tennis elbow?
Yes, easily under the right circumstances. Forearm pain after a car accident could be a sign that ligament and tendon damage has occurred, so it’s important to seek medical attention promptly.
What is the average payout for tennis elbow?
Tennis elbow compensation payouts vary on the complexity of the injury and the financial impact it has created. This would differ from case to case, so there’s not really a ‘typical’ compensation amount. Speak with our team for specific advice.
Tennis elbow from a car accident – could I claim if I was partially at fault for the car accident?
It may still be possible to win compensation for an accident that you had some part in. Reduced percentages of the settlement can be possible. The facts of your particular accident could indicate that one party was more to blame than the other and ‘shared liability’ may be appropriate.
Could I claim as a passenger in a car accident?
You could potentially claim for personal injury against either the driver of the vehicle in which you were a passenger or another road user who was at fault for the accident.
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