Arm injuries are often caused by instinctively holding out ones arm as a defensive action just before accident impact and sometimes due to the impact from air bags deployed at explosive speeds. In this article, we will take a look at four arm injuries and historical examples of the personal injury settlement values victims have received:
- Dislocation of Elbow Joint
- Monteggia Fracture: Anterior Dislocation of the Radial Head with Anterior Angulation of Fractured Ulnar Shaft
- Colles Fracture
- Comminuted Intra-Articular Fracture of the Olecranon
Dislocation of Elbow Joint
A dislocation of the elbow occurs when the bones of the elbow move out of place compared with the bone of the arm. Elbow dislocations are commonly caused by hard falls where the arm is extended completely, as well as motor vehicle accidents. Symptoms include: severe pain in the elbow, swelling, and an inability to bend the arm.
In 2008, the Court in Thorp v Gerow, 2008 BCSC 622 awarded the injured person $50,000 for injuries that included a dislocated elbow.
To read the full decision on CanLII, click here.
Monteggia Fracture: Anterior Dislocation of the Radial Head with Anterior Angulation of Fractured Ulnar Shaft
A fracture of the forearm involving a dislocation of the radial head and a fracture of the ulna. Monteggia fractures are most commonly caused by falls on an outstretched arm. Symptoms include: arm pain, swelling of the forearm, deformity, swelling of the hand, swelling of the wrist, limited range of motion.
In 1996, the Court in Roy v Benvie, [1996] BCWLD 2293 awarded the injured person $60,000 for injuries that included a monteggia fracture.
To read the full decision on CanLII, click here.
Colles Fracture
A Colles Fracture occurs when the radius bone in your forearm breaks. The radius bone extends from the elbow to the thumb. This fracture is most often caused by an individual falling onto a hard surface while stretching their arms out to break their fall. Common symptoms include: change in the shape or swelling of the forearm right above the wrist, inability to hold or lift heavy objects, and wrist pain.
In 2008, the Court in Guy v Toronto (City), [2008] OJ No 5126 awarded the injured person $30,000 for injuries that included a Colles Fracture.
To read the full decision on CanLII, click here.
Comminuted Intra-Articular Fracture of the Olecranon
Involves a fracture of the lower portion of the elbow and is often caused by a fall or direct trauma to the elbow, particularly in motor vehicle accidents. Common symptoms include: intense elbow pain, swelling over the bone, inability to straighten the elbow.
In 2004, the Court in Milnes v Burlington, [2004] OJ No 1407 awarded the injured person $30,000 for various injuries that included a fracture of the olecranon.
To read the full decision on CanLII, click here.
Receiving the Settlement You Deserve
People often believe that settlement value is mostly determined by the extent of the injury. While this is a factor, the most important information is how the injury has impacted your life. In other words, what does the injury prevent you from being able to do and how does this affect you?
I encourage you to view my video on how personal injury settlement values are determined wherein I discuss, in greater detail, how victims can receive the compensation they deserve.
A thorough lawyer should take the time to fully understand your specific situation, including your life and responsibilities before and after your accident, to ensure you do not under-settle your case. By quantifying every possible loss, you are more likely to receive a just settlement that will help to ease the financial burdens that usually occur during recovery.
If you have sustained an arm injury or other personal injury at another party’s fault, please do not hesitate to contact me and my team of experienced Ontario personal injury lawyers for a free consultation.
*Roger R. Foisy is not a medical professional. The advice in this blog is not meant to be a substitute for medical advice.
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