Suffering an elbow injury can be painful. Fractures, strains and sprains can prevent you from going about your daily activities or from being able to work. If you have suffered an elbow injury and can show it was the fault of a liable party, you could be eligible to make a personal injury claim. This guide looks at elbow injury claims.
Our guide begins by examining the criteria personal injury claims must meet before looking at examples of how elbow injury compensation may be calculated. Next, we examine the types of elbow injuries you could claim for as well as looking at how these may be caused. Later, you can find information on how to start a personal injury claim and the benefits of working with a specialist solicitor.
For more information or to start you elbow injury claim, please speak to a member of our advisory team. They’ll start with a free assessment of whether you have good grounds to seek compensation and provide a valuation of how much this could be worth. Furthermore, if you wish to proceed with our services, they can connect you to one of the No Win No Fee solicitors from our panel. Please:
- Call 0800 408 7825.
- Send a message using our contact us page.
- Talk to an advisor online via our chat.
Browse Our Guide
- Am I Eligible To Make An Elbow Injury Claim?
- Elbow Injury Claims Compensation Amounts
- Types Of Elbow Injury You Can Claim For
- Common Causes Of Elbow Injuries
- How To Start An Elbow Injury Claim
- How Our Panel Of Solicitors Can Help You
- More Information
Am I Eligible To Make An Elbow Injury Claim?
As we will see further below, depending on the circumstances in which your accident occurred different pieces of legislation may be applicable to your case. However, in order to be eligible to make an elbow injury compensation claim you must meet the following criteria.
- You were owed a duty of care by a third party. This may include an employer, occupier of a public space or road user. A duty of care is a legal obligation certain parties have to ensure your reasonable safety.
- This party did not uphold their duty of care.
- You suffered an elbow injury as a result of this.
- Your claim is brought within the applicable limitation period.
Later in our guide we look at circumstances in which such accidents could occur and at elbow injuries you could suffer. Get in touch with us to learn more about the elbow injury claims process.
Elbow Injury Claims Compensation Amounts
Whilst all such claims may involve injuries to the elbow(s), they may differ in terms of the type of injury suffered and its severity. Additionally, different claimants will have different expenses related to their injuries. Therefore, whilst we can explain how elbow injury compensation amounts may be calculated, we can not show what your individual claim may be worth.
How Compensation Payouts Are Calculated
When calculating compensation, you may be awarded up to two heads of claim. These are special damages (which take account of financial losses) and general damages (which take your injury, pain and suffering into consideration).
To work out your entitlement to general damages, those who value claims may look at the type of elbow injury you suffered, its severity and the impact it has had on you. They may also take any medical reports and records into consideration. These may be taken alongside guidelines from the Judicial College (JCG).
The JCG includes a guideline list of what could be awarded for different injuries. The top entry in the following table shows what could be awarded for both types of damages combined. This figure was not taken from the JCG. The remaining entries come from the JCG. Please only use this table a as guide.
| Type Of Injury | Severity | Guideline Amount |
|---|---|---|
| Multiple injuries | Severe | Up to £100,000+ (if special damages are claimed). |
| Elbow injury | A - Severely disabling | £47,810 to £66,920 |
| Elbow injury | B - Less severe injuries | £19,100 to £39,070 |
| Elbow injury | C - Moderate to minor | Up to £15,370 |
| Elbow injury | C (ii) - Moderate to minor | £6,100 to £7,930 |
| Elbow injury | C (i) - Moderate to minor | £4,310 |
Special Damages And How They Relate To Your Claim
Where general damages are awarded for your pain and suffering, special damages are awarded for associated financial losses. You could be awarded compensation for:
- Loss of earnings, income and related workplace benefits.
- Medical costs, such as the cost of medication or treatment for your injury.
- Physiotherapy costs.
- Care costs, such as domestic help during your recovery.
- Expenses related to travelling to/ from medical appointments.
Unlike compensation for your pain and suffering, special damages are not automatically awarded. You will need to provide evidence of these losses such as payslips or invoices.
Please contact us for more information on how elbow injury compensation amounts in the UK may be calculated.
Types Of Elbow Injury You Can Claim For
As previously stated, you could make an elbow injury claim if you can show that another party who owed you a duty of care caused your accident.
You may claim for any of the following types of elbow fractures,
- Olecranon fractures,
- Neck and radial head fractures,
- Distal humerus fractures
- Supracondylar humerus fractures.
- Epicondylar fractures.
In some instances, it may take up to a year for a severe elbow injury to heal. Further types of elbow injuries you could claim compensation for may include:
- Strains, sprains and other soft tissue injuries.
- Damage to tendons and ligaments.
- Bursitis.
- Tennis elbow.
This is not an exhaustive list of the different types of elbow injuries you may claim for. Please contact our team to learn more about making an elbow injury claim.
Common Causes Of Elbow Injuries
Elbow injuries could happen in a range of different circumstances such as accidents on the road, at work or in public spaces. Below we look at examples of when and how you could be owed a duty of care by a third party. We also look at how you could suffer an elbow injury in each instance.
Accidents In The Workplace
Whilst you are in the workplace you are owed a duty of care by your employer. In order to adhere to legislation, such as the Health and Safety at Work etc. Act 1974, they must take reasonable steps to prevent you from being harmed. If your employer has failed to adhere to this duty and you were injured you could bring an accident at work claim.
In the workplace you could trip over trailing cables or wires which have not been properly secured. Falling onto an outstretched arm could cause you to break your elbow.
Road Traffic Accidents
Whilst using the roads you are owed a duty of care by all others doing so. In order to adhere to this, road users must use the road responsibly and safely. They must follow rules set in The Road Traffic Act 1988. They must also adhere with guidelines and rules set out in the Highway Code.
The force of an impact in a rear-end collision may cause you to straighten your arms on the steering wheel and break your elbows.
Accidents In A Public Place
When you are in a public space, the occupier of this space must make sure the space is (reasonably) safe for visitors to use. The occupier is defined as the party in control of a public space. This definition and their duty of care are set out in the Occupiers Liability Act 1957.
In a shop you could be struck on the elbow joint by a falling object. The impact may cause a fracture. The shop may be responsible if they have stacked unsuitable items on the shelf.
Our team could help you to make an elbow injury claim. For more information, please get in touch with our team.
How To Start An Elbow Injury Claim
Having shown what types of elbow injuries you could claim for and when, we now look at how to make an elbow injury claim.
Gather Evidence To Support Your Claim
One of the most important parts of the elbow injury claims process is gathering evidence. As with needing to provide evidence showing your eligibility to claim for special damages, you must provide sufficient evidence to show you have a valid claim.
Types of evidence which may support your case could include,
- Records in an accident report book if injured at work or in a public place.
- Police reports if injured in a road traffic accident.
- Witness contact information if they are willing to later provide a statement.
- Medical records and reports. These should show your injury, such as an x-ray of elbow fractures and what treatment was necessary.
- Photos or video of the accident scene.
How Long You Have To Make A Claim
Under the Limitation Act 1980, you generally have three years to start your personal injury claim for elbow injury compensation. This period usually starts on the date you suffered the injury. There are exceptions to this.
- Injured persons without the mental capacity to claim. Where someone has reduced mental capacity there is no time limit in which to claim. However, if this party regains this capacity, then they will have three years starting from that date in which to start a claim.
- Minors. Where someone is under the age of eighteen the time limit will not apply until they reach this age.
An adult may apply to the court to be appointed as a litigation friend. This person may act on behalf of claimants, such as those above.
Considering A No Win No Fee Agreement
If our advisors determine your elbow injury claim to be valid, you could work with one of the No Win No Fee solicitors from our panel.
To work on a No Win No Fee basis, they would offer you a Conditional Fee Agreement. Using this type of agreement you won’t have to pay for your solicitors work unless they win your case for you. If so, a success fee will be deducted from your compensation. If you don’t win, there is nothing to pay for their work. The amount which may be deducted is limited by law (as a percentage of the award).
How Long It Takes To Get Elbow Injury Compensation
There is no set amount of time in which personal injury claims could or should be completed. Every claim is unique and so different factors could impact how long the claim takes to conclude. Some of these factors may include:
- How complex your case is. This may include the complexity of the accident in which you were injured and of the injury sustained. For example, more complex and severe elbow injuries could take longer to recover from and thus to assess.
- How long it takes to collect evidence in support of your case.
- Whether the party you are claiming against admits they were liable for your injury.
- Whether parties can agree upon a settlement or if negotiations occur.
How Our Panel Of Solicitors Can Help You
A solicitor from our panel could help by:
- Providing claims advice.
- Collecting evidence.
- Organising an independent medical assessment of your injury.
- Ensuring all damages are considered when your claim is filed.
- Explaining any complex terminology that is part of the claim.
- Making sure that all paperwork is complete and filed on time.
Find out what one of the personal injury lawyers from our panel could do for your claim by,
- Phoning our team on 0800 408 7825.
- Sending a message using our contact us page.
- Talking to one of our advisors live.
More Information
Please use the resources below to find out more about how the claims process works and to get support for your injuries. Both our related guides and other resources may help if you sustained an elbow injury.
- In this guide we look at what to expect at a personal injury medical appointment.
- Here we look at a case study for a successful claim made for an injury caused by a jagged object.
- If you suffered a laceration injury you could claim with a personal injury solicitor. This case study will help illustrate how compensation could be awarded in such claims.
Resources
- Here you can learn more about Statutory Sick Pay.
- This NHS resource looks at elbow injuries.
- Learn about Road Safety Laws in this resource from Think!
You can learn more about elbow injury claims by contacting our team. Get in touch today.
