£90,000 Compensation For A Broken Elbow – Case Study & Guide To Calculating Broken Elbow Compensation

£90,000 Compensation For A Broken Elbow Injury

If you’ve sustained a broken elbow, you may be struggling with the pain of your injury, trauma from your accident, and even financial anxiety. Maybe you’ve had to pay out of pocket for injury-related costs such as prescription fees, or you’ve experienced a loss of earnings due to unpaid sick leave. But did you know that these costs can be recovered in a broken elbow claim?

In this article, we’ll explain what you could be compensated for and how much you may be entitled to, as well as how to go about making a personal injury claim. 

Broken elbow compensation

Broken elbow compensation

To learn more, please continue reading or get in touch with one of our specialist advisors today to discuss how our panel of personal injury lawyers could help you make a broken elbow claim;

Select a Section

  1. An Elbow Injury Claims Guide To Calculate Compensation
  2. What Is A Broken Elbow Injury?
  3. Financial Loss From Elbow Fractures
  4. What Commonly Causes Elbow Fractures?
  5. Who Is Eligible For Adding Care Claims?
  6. Lawyers Can Value Elbow Injury Compensation Settlements
  7. Case Study: £90,000 Elbow Injury Compensation
  8. Elbow Injury Compensation Calculation Estimates
  9. No Win No Fee Agreements Simplified
  10. Searching For Top Personal Injury Solicitors?
  11. Talk To Us
  12. Additional References

An Elbow Injury Claims Guide To Calculate Compensation

In order to provide you with a comprehensive understanding of how to make a broken elbow claim, we’ll break-down the process from start to finish. Firstly, we’ll outline some common accidents that can cause a broken elbow, as well as some tell-tale symptoms. 

We’ll then discuss some of the potential impacts that a broken elbow can have on your life, using our example case study of Ms Needham to illustrate the personal injury claims process. 

To finish, we’ll direct you to some additional resources if you’re looking to make a broken elbow claim, and give you our top tips on how to find a personal injury lawyer. 

In our experience, it’s always best to have help from a solicitor to ensure you don’t risk losing out on the compensation you deserve. To see how our panel of personal injury lawyers could help you, please contact one of our advisors today.

What Is A Broken Elbow Injury?

A broken elbow can range from a crack to a break in one or more of the three elbow bones. Symptoms include pain, swelling, and deformity in cases where the bone has become misaligned. 

Most elbow fractures are identified by a practitioner through mobility tests or using an x-ray. Typically, a cast and sling are required to be worn for around 4 weeks, accompanied by rehabilitation exercises to encourage healing and joint movement. 

Most broken bones heal within 12 weeks but recovery periods can be prolonged in more severe cases. For example, if the bone is misaligned or protruding from the skin, then surgery may be necessary.

Financial Loss From Elbow Fractures

If you’re suffering from a broken elbow injury, you may be unable to work or complete day-to-day tasks as a result. In addition, you could be paying out of pocket for injury-related expenses, resulting in a financial shortfall. 

However, these costs can be recovered as part of your broken elbow claim. In personal injury claims, special damages account for costs like medical fees, loss of earnings and damage to property. 

It’s also possible to seek compensation for any future losses you man incur, for instance, if you’re unable to return to work again. 

If you’d like to learn more about special damages, please continue reading or contact one of our specialist advisors today.

What Commonly Causes Elbow Fractures?

Did you know that you could be entitled to compensation if a third-party was responsible for your broken elbow injury? To be able to hold a third-party liable, they must have been in breach of a duty of care that they owed you, and as a result of that breach, you came to harm. 

Below, we’ve provided some examples to help illustrate how to establish such negligence:

  • Under the Health and Safety at Work etc. Act 1974, employers owe a duty of care to ensure the safety of their employees at work. Therefore, you could be entitled to make a broken elbow claim if your injury was the result of your employer’s negligence.
    • If your employer did not maintain its plant machinery and a defect led to you suffering an elbow fracture, you could be entitled to compensation.
  • Under the Occupiers’ Liability Act 1957, those in control of public places owe a duty of care to ensure the safety of visitors on-site. Therefore, you could be entitled to make a broken elbow claim if your injury was due to the negligence of those controlling the public place in question (e.g. shops, salons and restaurants).
    • If you tripped on a pavement in a poor state of repair and injured your elbow, you could be entitled to make a public liability claim against the council responsible for carrying out maintenance (providing that the hazard was at least 40mm deep).
  • Under the Highway Code, road users owe a duty of care to one another. Therefore, if another user’s negligence resulted in your injury, you could be entitled to make a broken elbow claim against their insurance.
    • A road traffic accident (also referred to as an RTA) describes any collision involving a vehicle or other road user. If an RTA caused by another driver resulted in your injury, you could be entitled to compensation.

Who Is Eligible For Adding Care Claims

As part of your broken elbow claim, it’s possible to claim for the cost of care you received as a result of your injury. 

Whether you received help from family and friends (referred to as gracious care) or you sought professional care, a care claim can be made regardless of whether an expense was incurred. 

After sustaining a broken elbow, you may be struggling to complete usual tasks without help from others. If you’ve been assisted by family and friends or a professional carer due to your incapacity, you could be entitled to compensation. 

For gracious care, compensation is valued based on the time spent caring for you. The average rate of a local professional is then applied and reduced on the basis that the care provided was non-commercial. 

On the other hand, compensation for professional care is valued according to the invoices raised. Any costs you’ve incurred can then be recovered as part of your personal injury claim, providing that you’ve kept a record of such expenses. 

Care costs can also be claimed for any usual care that your injury prevented you from providing to others, such as childcare.

Lawyers Can Value Elbow Injury Compensation Settlements

 

After finding a personal injury lawyer to help handle your case, they’ll ask you to attend a medical assessment with an independent specialist. The specialist will produce a report following your appointment, which your solicitor will use to help evidence your case and value your claim. 

You can expect to undergo a physical assessment and be asked a series of questions about your injury. This attempts to corroborate details you provided about how you sustained your injury and assess the impact it’s had on your life. Therefore, we strongly advise you to attend to ensure you give your claim the best chances of success. 

If you choose to pursue your broken elbow claim with help from our panel of personal injury lawyers, we’ll arrange everything and ensure your appointment is as convenient to you as possible. Please speak to one of our advisors today to learn more about our services.

General Damages

In making a broken elbow claim, there are two types of damage that can be accounted for; general and special damages. As general damages cover physical and psychological harm, you could be compensated for the pain and psychological suffering of your injury and the impact that it’s had on you.

Special Damages

Special damages can also be claimed in attempts to restore you back to the financial standing you had before you sustained a broken elbow. They can also account for any future financial losses you may incur down the line, such as if your injury will prevent you from returning to work. If you’ve suffered financial loss as a result of your injury, then these costs can be recovered as part of your personal injury claim, such as:

      • Medical expenses
        • Prescriptions, specialist treatment, walking aids and the like
      • Travel fees
        • To and from medical appointments
      • Care costs
        • Accounts for both gracious and professional care
      • Loss of earnings
        • Includes predicted loss of future earnings

Case Study: £90,000 Elbow Injury Compensation

As a private dentist with her own practice, Ms Needham was driving to work when she was involved in an RTA. She was proceeding with the flow of traffic through a junction when another car drove suddenly into the side of her vehicle. 

Ms Needham’s car was flipped onto its roof upon impact, effectively writing it off. As a result, Ms Needham suffered a serious fracture to her elbow, along with other minor bumps and scrapes. 

At A&E, she was informed she had sustained a broken elbow but that she was lucky not to have been more seriously injured given the severity of the crash. In order to reset Ms Needham’s elbow joint, surgery was required. After which, Ms Needam was administered with a cast and a sling to support her broken elbow. 

She then entered into a recovery period spanning 12 weeks, within which rehabilitation exercises were gradually introduced to rebuild function. During her recovery period, Ms Needham was unable to work, drive, complete day-to-day tasks or even care for her elderly mother as usual. 

As she knew someone else was at fault for her injury, Ms Needham decided to pursue a broken elbow claim with help from a personal injury lawyer. Using photographs obtained at the scene as well as contact details from key witnesses, Ms Needham had a solid foundation of evidence to support her claim. 

After forwarding this information to her solicitor, they were then able to build her case by obtaining witness statements and CCTV footage of the incident. Details that Ms Needham provided about how she sustained her injury were then corroborated by a report from an independent medical expert, further reinforcing her claim. 

Initially, the driver responsible for Ms Needham’s RTA denied liability. However, witness statements and CCTV footage confirmed that he was on his phone. This allowed liability to be established, supporting Ms Needham’s claim. 

Upon a settlement being reached in Ms Needham’s broken elbow claim, she was awarded £29,500 in general damages for the pain of her injury, subsequent surgery and prolonged recovery period. 

In addition, Ms Needham was awarded around £60,500 in special damages, accounting for injury-related costs such as prescription fees, travel expenses, care costs and loss of earnings. 

This brought Ms Needham’s broken elbow claim to a sum of £90,000, with a more in-detail explanation of her payout below: 

Type of Special Damages:Includes:How Much?
Travel ExpensesTo and from appointments/treatmentAs Ms Needham’s broken elbow prevented her from driving, she was awarded £460 in travel expenses.
Medications/PrescriptionsPrescriptions, treatment, physiotherapy, walking aids, etc.Ms Needham recovered £190 for the prescription painkillers she took.
Additional CareProfessional care at home, from family, childcare, etc.As Ms Needham’s broken elbow prevented her from providing usual care for her elderly mother, she recovered £10,200 for the cost of a live-in carer during her recovery period.
In addition, Ms Needham recovered £7,500 in childcare costs.
Future LossLoss of Earnings, future loss of earnings, potential future careMs Needham’s broken elbow prevented her from working for a total of 12 weeks. For the loss of earnings she suffered, she was awarded £27,500.
Damage to PropertyPossessions damaged/lost as a result of the accidentAs a result of the accident, Ms Needham’s car was effectively written-off. She was awarded £14,050 for the value of her car.
Cleaning/GardeningCleaning, gardening, areas that require consistent attentionAs Ms Needham’s broken elbow left her unable to complete domestic tasks as normal, she was awarded £600 for professional services over her recovery period.

The case of Ms Needham is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.

Elbow Injury Compensation Calculations Estimates

If you’re considering making a broken elbow claim, the amount of compensation you may receive could be a key factor in deciding whether to pursue legal proceedings. 

However, we advise against the use of personal injury ‘compensation calculators’ due to the potential inaccuracy of the figures they provide. These automated tools can provide you with average settlement amounts at best, taking the basic facts of your accident and generating a generalised figure. 

Our panel of personal injury lawyers knows that every case is unique. Therefore, we offer free expert assessments of your situation, using years of experience valuing claims. For a consultation you can rely on, please contact one of our specialist advisors today and see how much compensation you could be entitled to.

No Win No Fee Agreements Simplified

Are you worried about the financial risk tied to making a broken elbow claim? For many, the high cost of solicitors’ rates combined with financial loss experienced in the wake of an accident can be off-putting. 

However, a No Win No Fee agreement could encourage anyone to pursue the compensation they deserve, regardless of their financial standing. With a No Win No Fee solicitor, you don’t pay their fees unless they win your case, and there are no hidden fees to worry about either. 

If your solicitor wins your case, you’ll pay a nominal ‘success fee’ as part of your agreement to cover their legal fees. However, this too is no cause for concern, as it’s capped by law to ensure you receive the compensation you deserve. 

Please get in touch to see how our panel of No Win No Fee personal injury lawyers could help you make a broken elbow claim today.

Searching For Top Personal Injury Solicitors?

If you’re looking to make a broken elbow claim, we’d advise you to seek legal help in order to boost your claim’s chances of success and maximise your compensation settlement. But rather than visiting a law firm on your local high street, we’d recommend the use of online reviews to find the best solicitor for you. 

With technological development allowing law firms to connect with prospective clients remotely, it doesn’t matter where your solicitor is based. Online reviews can help you narrow down your search to find which service is best for you, providing personal experiences and recommendations. 

With this insight, you can make an informed decision to suit your unique circumstances. Our panel of personal injury lawyers provides their nationwide clients with updates on their case via email and telephone, while also providing in-person meetings if they’d prefer. 

To learn more about the services we could offer you, please speak to one of our advisors today.

Talk To Us

To see how our panel of personal injury lawyers could help you make a broken elbow claim, please get in touch with one of our specialist advisors today. Using our years of experience valuing claims, we offer free consultations that you can rely on. 

In addition, we handle a variety of claims for clients all over Britain, so why not see what we could do for you?

Additional References

We hope you’ve enjoyed our guide to personal injury claims. Below we have provided some additional resources that you may also find useful:

 

Guide by LA

Edited by II