Elbow Injuries From Falls

cartwrightlaw - March 19, 2024 -

If you or a loved one has experienced an accident resulting in elbow injuries from falls, you know it can have serious consequences. This is especially true if they affect one’s ability to work and enjoy daily activities. According to reports, falls top the list of fatal and non-fatal injury causes in the United States.

If you have experienced such an injury, it’s essential to understand your rights and seek legal guidance. At The Cartwright Law Firm, Inc., our Vacaville slip and fall attorneys are dedicated to helping individuals file personal injury claims in pursuit of reasonable compensation for their injuries.

Types of Fractures and Other Elbow Injuries From Falls

When it comes to injuries from falls, the elbow is a common area that can be affected. Several types of fractures and other injuries can occur as a result of a fall. The most common types of fractures and injuries from falls include:

Chip fracture: Also known as an avulsion fracture, a chip fracture involves a small piece of bone pulling away from the main bone. This often happens when the ligaments attached to the bone are under stress during the fall.
Radial head fracture: Radial head is the part of the elbow joint linking the radius bone to the humerus. This is the area that suffers when a fall on an outstretched hand occurs.
Olecranon fracture: The olecranon is the bony prominence at the back of the elbow. A fall directly onto the elbow can cause a fracture in this area.
Dislocation: Elbow dislocations can occur when the bones that make up the joint are forced out of their normal alignment.
Ligament sprains: Bones are connected by strong bands of tissue namely ligaments. A fall can cause the ligaments in the elbow to stretch or tear, resulting in a sprain.
Tendinitis: When a tendon, a tissue that connects muscle to the bone gets hurt, what leads is tendinitis or inflammation. Falls can cause overuse or repetitive injury to the tendons in the elbow, leading to tendinitis.
Bursitis: Bursa denotes a fluid-filled sac that reduces friction between bones, tendons, and muscles. Falls can cause trauma to the bursa in the elbow, resulting in bursitis.

Who Can Be Liable for Elbow Injuries From Falls?

If you have suffered injuries from a fall in California, you must prove fault to be able to pursue damages. For someone to be at fault, they must have:

Owed a duty of care
Breached this duty of care
Caused the plaintiff’s injury due to breach of duty
Caused financial damages as a result of the injury

Basically, property owners in California have a duty to ensure their premises are safe and free from hazards, according to the premises liability law. They have the responsibility to regularly check for possible hazards and promptly address them. If the landlord is deemed to have breached this standard, they violate their duty of care.

A property owner can violate their duty of care by:

Failing to repair or warn of hazardous conditions
Creating hazardous conditions
Failing to light or secure the property adequately
Failing to maintain stairways, walkways, or rails

Your personal injury attorney can help if any of these actions lead to a fall, as well as hold the property owner liable for damages.

Note that California negligence laws follow the “comparative negligence” theory. This means you could be assigned a percentage of blame for the fall and your compensation will be impacted accordingly.

Other possible liable include the following:

Contractors. If they did not follow proper safety protocols. If a contractor acted negligently or breached their duty of care, they could be held liable for the resulting damages.
Manufacturers of faulty equipment. If equipment failure results in a fall, the manufacturer could be held responsible for the resulting damages.

What Are The Recoverable Damages

If you have sustained an elbow injury from a fall, you may recover various types of compensation through legal action. Recoverable damages in an elbow injury case include:

Medical expenses, including hospital bills, surgeries, physical therapy, and ongoing treatment
Lost wages
Loss of earning capacity
Pain and suffering
Emotional distress

We highly recommend hiring a personal injury lawyer to help ensure you pursue the full extent of damages you are entitled to.

What To Do After Suffering Elbow Injury From a Fall

If you have suffered an elbow injury from a fall, your immediate actions can make a difference in recovering damages. Here are the two key steps to take following a fall incident that leaves you injured:

Seek Immediate Medical Attention

Your health and well-being should always be the top priority. Getting prompt medical ensures proper treatment for your injuries and prevents further aggravation.

Importantly, you have a duty to Mitigate damages in California. Failing to pursue medical help after a fall may give the opposing party an opportunity to deny or diminish your claim, arguing that you did not take proper steps to recover.

If you miss appointments or neglect prescribed treatments, the opposing party may argue that your injuries were not directly caused by the fall. They could allege that your failure to follow medical recommendations contributed to or worsen your condition.

Involve a Personal Injury Lawyer

Navigating California negligence law requires professional legal understanding. Navigating a personal injury claim can be overwhelming without a legal advocate. A personal injury lawyer can:

Assess your case and determine liability
Gather evidence to support your claim
Negotiate with insurance companies on your behalf
Calculate the full extent of damages you are entitled to
Advocate for your rights in court if necessary.

Contact a Vacaville Personal Injury Lawyer Immediately

If you have suffered an elbow injury from a fall, don’t delay seeking legal assistance. In fall cases, evidence can deteriorate or disappear over time. By seeking legal help early, an attorney can take the necessary steps to preserve important evidence. Our legal team is available round the clock to fight for your rights and interests. We offer a free initial consultation to review your case and provide tailored guidance.