Car Accident Arm Injuries Although seatbelts and airbags offer protection for vehicle occupants, they don’t guarantee everyone will walk away from an auto accident unscathed. Arm injuries are one of the most common ailments drivers and passengers must cope with. No matter the cause and severity of these wounds, they can lead to immense pain and lasting disability. The longer the discomfort persists, the greater the cost — from a financial and emotional standpoint. What are some typical arm ailments, and how can a lawyer help you?
Hundreds of traffic accidents occur every day due to inadequacies in driver training, defects caused by roads, and non-compliance with traffic rules, and material and moral injuries caused by these accidents increase day by day. Traffic accidents can often result in organ or limb injuries or losses, and in some cases may result in death. Lawsuits for compensation of material and moral damages resulting from traffic accidents constitute one of the most common legal problems in our country. In this case, the indemnity of the injured person or the heirs in the event of his death arises from the obligation to open a lawsuit for compensation in order to compensate for the damage. In this article, I will refer to the financial and moral compensation case arising from traffic accidents.
Who can sue for pecuniary and non-pecuniary damages: There is a dual distinction in this respect. If the survivor of a traffic accident is alive, the debts may personally bring material and non-pecuniary damages in accordance with Articles 41, 45 and 47 of the Law. If the victim has passed away, his / her relatives, mother, father, children, spouse, siblings, fiancées, persons under care and support have the right to sue for damages.
In the event of a traffic accident, the material and non-pecuniary damages lawsuit are filed against: The driver of the vehicle, the owner of the vehicle, the owner of the vehicle and the insurance company may be sued for pecuniary and non-pecuniary damages.
What is the time to file a lawsuit in traffic accidents: The time period stipulated in the law to file a lawsuit for compensation of material and moral damages caused by traffic accidents is 2 years from the date the victim has learned the damage and perpetrator. This period is stipulated as 2 years in Article 72 of the Turkish Code of Obligations. Persons who will sue for damages by accident are obliged to sue within this two-year period. In any case, the right to file a lawsuit expires after 10 years have passed since the date of the accident.
There is one exception here. If a crime has been committed due to a traffic accident, the statute of limitations shall also apply. If there is an injury in a traffic accident, the crime of injury by negligence, if there is death, the crime of killing by negligence occurs. If there is death or injury as a result of a traffic decision, it is the time period for opening the material and non-pecuniary damages, whatever the statute of limitations foreseen in the criminal law. In other words, if a longer period of time is envisaged in the criminal laws for these offenses, the time for filing a compensation lawsuit extends to the longer period of time regulated in the criminal laws. If a statute of limitations arises from an act requiring a punishment, this statute of limitations shall apply ”.
Fatal Traffic Accidents
Article 53 of the Code of Obligations encompasses the damages required for compensation in case of death as a result of a traffic accident. Compensation that may be requested by the persons concerned as a result of a fatal traffic accident; non-pecuniary damage, compensation for deprivation of support, funeral and burial expenses, treatment and hospital expenses (if treated for a while before dying);
Fractures are one of the most severe arm injuries endured in car accidents. There are many types of broken bones, including:
- Distal Humerus: A small break in the lower end of the upper arm bone, which can cause serious pain and reduced mobility.
- Distal Radius: A distal radius fracture is a broken wrist. Treatment typically involves a cast and physical therapy. In more severe cases, surgery may be required.
- Ulna: The ulna is a long bone in the forearm that stretches from the elbow to the smallest finger. Fractures vary in location and severity but most often require immobilization in a cast. In more serious cases, they may require surgical treatment.
- Olecranon: The olecranon is the bony tip of the elbow. Because there’s very little protection in this area, fractures are quite common. Mild fractures generally require a splint. More serious breaks require surgery to restore the bone and motion in the joint.
The elbow is dislocated when the joint surfaces are separated. Dislocations can be partial or complete and typically occur after a trauma such as an auto accident. These injuries are generally accompanied by severe pain, swelling, and an inability to bend the arm.
When a joint is stretched beyond its normal range, a torn ligament can result. Ligament tears can be either partial or complete and often require extensive surgery to repair.
A joint dislocation occurs when there’s an abnormal separation.
Tendons are bandlike tissues that connect bones and muscles. As a result of trauma, tendons can snap or rupture, leading to excruciating pain and disability if left untreated.
Contact an Auto Accident Attorney
If you have suffered an arm injury in an auto accident, you might be eligible to earn significant financial compensation in a personal injury claim. Find out by filling out a free case evaluation today.