How To File A Claim After Suffering A Torn Tricep

By Marlon Alvarado. Last Updated 15th September 2022. If you suffer a torn tricep due to third-party negligence, you might wonder if you can claim compensation. Through this guide, you can find out how to estimate the value of your claim and the benefits of choosing a No Win No Fee solicitor to guide you through your case.

Torn tricep claims

Torn tricep claims guide

The tricep is a large muscle at the top of the arm. It’s the muscle in the arm that is responsible for allowing the arm to straighten. If this muscle is injured, it might restrict mobility in the arm or elbow.

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Choose A Section

  1. Is A Torn Tricep A Serious Injury?
  2. Tricep Injury Scenarios
  3. What Is The Claims Process After Injuring My Tricep?
  4. Torn Tricep Settlement Figures
  5. How Do I Make A No Win No Fee Claim?
  6. Learn More About Torn Tricep Claims

Is A Torn Tricep A Serious Injury?

If you sustain a tear to your tricep, it could affect your life in a number of ways. To make a personal injury claim after suffering a torn tricep, you must be able to prove that:

  • A third party owed you a duty of care
  • They breached this duty of care
  • Your injuries were caused as a direct result of this duty of care 

For example, if you are in the workplace, your employer has a duty of care towards you as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This means they have a responsibility to ensure a reasonably safe workplace for their employees.

If your employer breaches this duty and you suffer an injury as a result, you could be eligible to make an accident at work claim.

Another example of this is the Highway Code. The Highway Code outlines the duty of care all road users owe to each other, and the Road Traffic Act 1988 details driving offences and acceptable behaviour on the roads. If you injured your tricep in a collision, you could be able to make a road traffic accident claim.

For more information on third-party negligence, contact our team of advisors today. 

Torn Tricep Statistics

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) detail the injuries employers must report to the Health and Safety Executive (HSE). In 2020/2021, reports made under RIDDOR indicate 51,211 workers were injured non-fatally in the workplace.

Of this number, 14,784 of these injuries were attributed to strains and sprains, and 6,282 were localised to the upper limb area, which includes the tricep. 

Tricep Injury Scenarios

As we mentioned above, you must be able to prove that a third party is responsible for your injuries to make a personal injury claim. Below, we’ve compiled a short list of examples of how third-party negligence could lead to a tricep tear:

  • An accident at work: According to the HASAWA, your employer must provide you with free training relevant to your job role. For example, if lifting is a part of your job, you must be taught proper lifting techniques. If your employer does not provide this, you could sustain a tricep tear.
  • A road traffic accident: Every road user must follow the Highway Code. For example, driving under the influence of alcohol is a form of negligence. If you are hit by a drunk driver and suffer a torn tricep as a result, you could be eligible to claim. 
  • An accident in a public place: The Occupier’s Liability Act 1957 outlines the duty of care owed to you in a public place. For example, a gym should carry out maintenance and checks of their equipment. If this maintenance is ignored and a piece of equipment breaks, causing you injury, the owner of the gym could be found negligent. 

To learn more about third-party negligence and to find out if you can claim, get in touch with our advisors today.  

Tricep Injury – What Are The Symptoms?

According to information provided by the NHS on strains and tears, people who are suffering from a torn tricep could potentially experience symptoms such as:

  • Swelling
  • Bruising
  • Pain
  • Soreness

If you’re experiencing any of these symptoms and are concerned you’ve suffered a tricep injury, we recommend seeking medical advice as soon as possible. It should be your priority to receive appropriate treatment but also, if you are eligible to make an arm injury claim, a medical report could be used as evidence.

Please reach out to a member of our team for any other questions you may have about what could be involved in arm injury claims.

What Is The Claims Process After Injuring My Tricep?

The Limitation Act 1980 sets out a three-year time limit for personal injury claims. However, there are exceptions to this– For example, if the injured person is a child under the age of 18, their time period would begin on their 18th birthday and end on their 21st. There are other exceptions that apply- get in touch with our team for more information. 

When you start a personal injury claim, you will be asked to provide proof of third-party negligence. A solicitor can help you do this, or you can do it by yourself. Some examples of evidence you can gather to support your claim include: 

  • Medical records: Seeking medical attention after your accident ensures you get the help you need, but it can also help support your claim. Any notes or reports made by a medical professional documenting your injuries can be used as evidence. You might also be invited to an independent medical assessment later on in your claim. 
  • CCTV footage: Footage of the accident or the circumstances leading up to it can help strengthen your claim. This footage can be taken from CCTV cameras, security systems, or dashboard cameras.
  • Photographs: Photographs of your injuries and the site of the accident can both be used to strengthen your claim. This can be particularly useful to document a slower recovery or an easily cleaned accident site.
  • Witness statements: Witness statements form a legal document, and so you can’t collect these yourself. But you can take the contact details of anyone who might have witnessed the accident to ensure their statements are taken later on in your claim. 

Contact our advisors today for more information on gathering evidence, and for free legal advice surrounding your torn tricep claim.

Torn Tricep Settlement Figures

If your torn tricep claim succeeds, you will receive general damages. This first head of your claim covers the pain and suffering caused by your injuries. General damages awards are calculated on a case-by-case basis with the help of a document called the Judicial College Guidelines (JCG).

This document contains a list of injuries with corresponding guideline compensation brackets. You can find some examples of these in the table below:

Injury TypeCompensation BracketNotes
Severe Arm I0njuries£96,160 to £130,930

Injuries that fall short of amputation but are extremely serious.
Arm Injuries Resulting in Permanent Disablement£39,170 to £59,860Injuries that result in permanent and signficant disablement either physical or cosmetic.
Less Severe Arm Injuries £19,200 to £39,170Injuries resulting in a significant level of disability, but with a good level of recovery.
Simple Fractures of the Forearm£6,610 to £19,200Uncomplicated fractures to the forearm.
Upper Limb Disorders (a)£21,910 to £23,130

Continuing bilateral disability following surgery and with loss of employment.
Upper Limb Disorders (b)£14,900 to £16,340

Fluctuating symptoms and reoccurring problems with the arm
Upper Limb Disorders (c)£8,640 to
Symptoms that resolve in up to three years.

You might also be eligible to claim special damages. Special damages cover the financial losses you might incur due to your injuries, but you must be able to provide proof of these losses. For example, if you want to claim for loss of earnings, you must be able to provide a payslip that proves your rate of pay and the work you missed.

The JCG can only provide broad guideline amounts. Contact our advisors today for a more in-depth estimate of your claim.

How Do I Make A No Win No Fee Claim?

You do not have to hire legal representation to make a torn tricep claim, but the help of a No Win No Fee solicitor can make the process feel simpler. 

When you enter into a No Win No Fee agreement, you don’t have to pay any upfront or ongoing fees to your solicitor. If you make a successful claim, your solicitor will take a percentage of your compensation award as their success fee.

This percentage will be agreed on before you start your claim, and it is also capped by law. This helps to make sure you get the majority of your award. However, if your claim fails, you will not have to pay any fees to your solicitor. 

Contact our advisors today to find out if our panel of No Win No Fee personal injury solicitors can help you.

Discuss Your Torn Tricep Claim With Us

Our advisors are waiting to help you start your torn tricep personal injury claim today. Get in touch now to receive free legal advice and an estimation of how much compensation you could receive by:

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Learn More About Torn Tricep Claims

Below, you can find links to more of our guides on personal injury claims:

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