By Lewis Houston. Last Updated 16th December 2022. Accidents that result in a broken or fractured bone can often cause physical challenges that impact your daily activities. It may be especially frustrating if someone else was responsible for failing to uphold the duty of care they owed you. However, our guide on claiming broken humerus compensation could help you understand your rights after an accident.
If you’re unsure whether someone owed you a duty of care, our guide could provide the information you need. For instance, we’ll explore different situations where someone may have a responsibility to keep you safe from harm.
Furthermore, we’ll look at how much you could claim in compensation for the pain and suffering caused by your injury.
For more information, please continue reading our guide. Alternatively, if you have any questions, you can contact our team on the number below:
- Call us on 0800 408 7825
- Fill out the contact form with your enquiry
- Chat with an advisor using the live chat box below
Select A Section
- Could You Claim Broken Humerus Compensation?
- Types Of Broken Humerus Injuries
- Causes Of Broken Humerus Injuries
- Is A Broken Humerus Serious?
- How Do I Make A Broken Humerus Compensation Claim?
- What is the Average Settlement for a Broken Arm?
- Broken Humerus – No Win No Fee Legal Help
- Related Broken Bone Claims Guides
The humerus bone sits between your shoulder and elbow and is attached to 13 muscles. It’s responsible for contributing to the movement of your hand and elbow as well as other functions of the upper limb.
Although an injured humerus can range from minor to severe, you may experience a mix of symptoms such as pain and difficulty moving your arm.
It may be that your injury was caused by something unavoidable. However, to claim broken humerus compensation, negligence needs to have occurred. For instance:
- Someone owed you a duty of care
- They were in breach of duty
- You sustained harm in an accident that was caused by their failure to uphold the duty of care they owed you.
Additionally, you must submit your claim within the three-year time limit set out in the Limitation Act 1980. However, there are a few exceptions that may apply to your specific case.
If your claim meets these requirements, you could seek compensation for the physical or psychological damages and any monetary losses you’ve experienced.
However, if you’re unsure whether you’re eligible to put forward a claim, please contact our team on the number above.
There are a few different types of humerus fractures. However, the type of fracture you sustain may depend on where the bone breaks, such as:
- Proximal: A break to the upper part of the bone, nearest the shoulder.
- Mid-shaft: A break to the middle part of the bone.
- Distal: A more complex break to the part of the bone nearest your elbow.
Additionally, you could sustain an injury to the metaphysis, the growing plate located at the end of each bone.
A few incidents could cause someone to sustain a broken humerus. For instance, you may have had a slip, trip accident at work or in a supermarket. Alternatively, you may have been injured in an accident on a public road.
In some instances, your accident may have been unavoidable and there may not have been anyone responsible.
However, the following examples look at how someone else’s negligence could have caused an accident in which you sustained a broken or fractured upper limb. For instance:
- An employer who failed to carry out safety checks on machinery in the workplace. As a result, someone’s arm got crushed in the machine due to the emergency stop button failing to work.
- The person in control of a restaurant failed to ensure a wet floor sign was put down after the customer stairs were mopped. As a result, a customer slipped and broke their humerus.
- A driver who drove their car while under the influence of alcohol. As a result, they crashed into a pedestrian walking on the pavement, causing them serious harm.
In these instances, someone owed a duty of care and breached it by failing to take reasonable steps to prevent someone from suffering avoidable harm.
What duty of care was I owed?
In some circumstances, you may have been owed a duty of care. For instance, by your employer, the person in control of a public place, or a road user.
There is different legislation in place to apply legal obligations, such as:
- Section 2 of the Health and Safety at Work etc. Act 1974
- The Road Traffic Act 1988
- Occupiers Liability Act 1957
Although the duty of care stipulated in each piece of legislation is different, generally reasonable steps must be taken to prevent you from sustaining harm.
You could make a broken humerus compensation claim if you have evidence that a third party who owed you a duty of care failed to ensure you were as safe as reasonably possible. Call our team for further help and advice.
Depending on the type of fracture you sustain, an injury to the humerus may vary in severity.
For instance, an open fracture involving the bone piercing the skin can often be severe and may require surgery.
Additionally, a comminuted fracture diagnosis could mean your bone has shattered into three or more pieces. For instance, due to a high impact road traffic accident.
However, a stable fracture where the bones are only slightly out of place may be less severe.
Please speak to a trained medical professional if you require any medical attention to address any broken bone symptoms.
In order to put forward a strong personal injury claim, you should aim to gather as much evidence as possible. The following evidence could help to highlight whether someone has acted negligently, such as:
- Video footage of the accident
- Photographs of the accident and your injuries
- Details of any witnesses at the scene of your accident
- Copies of your accident recorded in an accident book
Additionally, you should obtain medical evidence to provide details on your injury, such as the severity. This might include reports from your doctor or any hospital appointments.
Furthermore, an independent medical assessment may be carried out to provide a current report on your injuries.
It could also be helpful to seek legal advice to help you understand the steps you can take to get the broken humerus compensation you deserve.
However, we understand you may be apprehensive due to the costs often associated with solicitors services. If so, see below for further details on an alternative option that could help, a No Win No Fee agreement.
Otherwise, please contact our team and they can provide more information.
This section aims to answer the question, “how much can I claim for a broken humerus?”. Compensation from a successful personal injury claim can consist of two types of compensation: general and special damages.
General damages provides compensation for the physical and psychological injuries caused by the injury. Aspects that determine the compensation include how severe the injury is and if any permanent, life-changing symptoms have been caused by the negligence.
For example, the potential general damages settlement for a proximal humerus fracture would be determined by the overall negative impact the injury has had on your life.
The Judicial College Guidelines (JCG) are often used by legal professionals to provide clients with an insight into the compensation they could receive. Below is information taken from the latest guidelines, published in 2022. These figures should only be used as guidance to provide you with an indication of your potential compensation. Due to the complexities of cases, these cannot be treated as guaranteed amounts.
|Injury sustained||Additional details||Example compensation award|
|Arm Injuries||Severe: This could include a severe brachial plexus injury.||£96,160 to £130,930|
|Arm Injuries||Serious and substantial injury to the arm.||£39,170 to £59,860|
|Elbow||A disabling injury that is severe.||£39,170 to £54,830|
|Shoulder injuries||Severe: Injuries such as a neck injury alongside brachial plexus damage that causes a significant disability.||£19,200 to £48,030|
|Shoulder injuries||Serious: A fractured humerus that leads to a restriction in shoulder movement.||£12,770 to £19,200|
|Shoulder injuries||Moderate: A soft tissue injury to the shoulder where symptoms persist for more than two years but aren't permanent.||£7,890 to £12,770|
|Shoulder injuries||Minor: (i) A soft tissue injury that mostly recovers in less than two years.||£4,350 to £7,890|
|Shoulder injuries||Minor: (ii) A soft tissue injury that mostly recovers within a year.||£2,450 to £4,350|
|Shoulder injuries||Minor: (iii) A soft tissue injury that mostly recovers within three months.||Up to £2,450|
|Shoulder injuries||A clavicle fracture.||£5,150 to £12,240|
Special damages provide compensation for the losses you’ve suffered financially as a consequence of the injury. Evidence to prove these losses includes bank statements, payslips and invoices. Potential losses you could receive compensation for includes:
- Travel costs
- Medical expenses
- Loss of earnings
- Care costs
- Home adjustments
Due to the variables involved with claiming and the potential compensation, there is no average settlement for a broken arm. Please contact us for a free consultation using the details above for a personalised estimate of what you could receive.
When making a broken humerus compensation claim, you might be interested in working with a solicitor. A solicitor could use their experience and knowledge to cover all bases of your personal injury claim.
However, you may be concerned about the financial risk of using a solicitor that is paid per hour. If a solicitor were to offer a No Win No Fee agreement, this means you would only be required to pay your solicitor if your claim were successful. This would be in the form of a legally capped success fee that is deducted directly from your compensation.
There are typically no upfront or ongoing costs, and if your claim fails, you will not be required to pay your solicitor.
After suffering a broken humerus bone injury, you may be interested in working with a No Win No Fee solicitor from our panel. Get in touch to check your eligibility free of charge. Our advisors offer no obligation legal advice about fractured humerus claims.
For more information, please don’t hesitate to get in touch with our team using the details below:
- Call us on 0800 408 7825
- Fill out the contact form with your enquiry
- Chat with an advisor using the live chat box below
Broken Humerus FAQs
How much can I claim for a broken humerus?
The amount you receive in compensation will depend on a few different factors. For instance, the severity of the ailment will affect the value of a claim. Generally speaking, more serious injuries are worth more in compensation than minor ones. Additionally, injuries that are permanent may be worth more than if there is a full recovery made.
Other figures such as special damages could also contribute to how much you are awarded. It depends on what you are eligible to receive. Each claim is unique.
What is the average settlement for a broken arm at work?
Whether you are at work or in a public place, every claim is assessed individually. For this reason, it may not be helpful for us to provide the average compensation amounts.
However, you can get a free estimate of your claim by getting in touch with us today.
Shattered humerus – what are the healing times?
According to NHS sources, a broken humerus will take at least 12 weeks to heal. However, some injuries may be more severe and could take longer than this.
Visit the NHS website for guidance on what to do if you’ve broken a bone.
Did you sustain an ankle injury in an accident caused by someone else’s negligence? If so, see our guide for more information.
See our guide on claiming compensation for a broken hip.
For more information on how to claim, see our guide.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Thank you for reading our guide on claiming broken humerus compensation.
Article by EI