Broken Humerus Compensation Claims

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.

broken humerus compensation

Broken humerus compensation guide

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:

  • Chat with an advisor using the live chat box below

Select A Section

  1. Could You Claim Broken Humerus Compensation?
  2. Types Of Broken Humerus Injuries
  3. Causes Of Broken Humerus Injuries
  4. Is A Broken Humerus Serious?
  5. How Do I Make A Broken Humerus Compensation Claim?
  6. How Much Is A Broken Humerus Compensation Settlement Worth?
  7. Talk To Us About A No Win No Fee Broken Humerus Claim
  8. Related Broken Bone Claims Guides

Could You Claim Broken Humerus Compensation?

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. 

Types Of Broken Humerus Injuries

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. 

Causes Of Broken Humerus Injuries

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:

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.

Is A Broken Humerus Serious?

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.

How Do I Make A Broken Humerus Compensation Claim?

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.

How Much Is A Broken Humerus Compensation Settlement Worth?

Your broken humerus compensation claim may comprise general and special damages. General damages provide compensation for the physical and psychological pain you’ve experienced.

Whereas special damages provide reimbursement for any past or future monetary losses you’ve incurred. For instance, lost wages due to being unable to work.

However, the settlement you receive will vary due to the different factors that may be considered when valuing your claim.

For instance, it could depend on the severity of your injury and how it’s affected your quality of life. Also, if your claim includes special damages, they will be calculated separately as they vary on a case by case basis.

The medical evidence you provide may be used when considering the severity of your injury. In addition, a document called the Judicial College Guidelines (JCG) may be used alongside any medical reports to help value your injury.

We have used figures from the JCG to create a table listing the potential value of different injuries. Please only use the figures as a guide.

Injury sustainedAdditional detailsExample compensation award
Shoulder injuries Severe: Injuries such as a neck injury alongside brachial plexus damage that causes a significant disability.£18,020 to £45,070
Shoulder injuries Serious: A fractured humerus that leads to a restriction in shoulder movement. £11,980 to £18,020
Shoulder injuries Moderate: A soft tissue injury to the shoulder where symptoms persist for more than two years but aren't permanent. £7,410 to £11,980
Shoulder injuries Minor: (i) A soft tissue injury that mostly recovers in less than two years.£4,080 to £7,410
Shoulder injuries Minor: (ii) A soft tissue injury that mostly recovers within a year.£2,300 to £4,080
Shoulder injuries Minor: (iii) A soft tissue injury that mostly recovers within three months.Up to £2,300
Shoulder injuries A clavicle fracture.£4,830 to £11,490
Arm InjuriesSevere: This could include a severe brachial plexus injury.£90,250 to £122,860
Arm Injuries Serious and substantial injury to the arm.£36,770 to £56,180
Elbow A disabling injury that is severe. £36,770 to £51,460

The figures in the table only relate to general damages they do not include any financial losses. For more information, get in touch with our team using the number above.

Talk To Us About A No Win No Fee Broken Humerus Claim

We hope you’ve found this guide informative. However, if you have any questions, our team of expert advisors could help.

Additionally, they can provide further information on the option of hiring a solicitor under a No Win No Fee agreement. This type of agreement could allow you to avoid upfront fees solicitors sometimes required to start work on your claim.

Additionally, whilst putting forward a claim without a solicitor bears no initial costs, other costs could incur during your claim. For instance, the cost of obtaining medical reports. However, the agreement covers these costs.

Furthermore, if your claim fails, you won’t be asked to pay solicitor fees. If your claim wins, you’ll need to pay a legally capped success fee which will be deducted from your settlement figure. However, your solicitor will make you aware of the fee before you go ahead with your claim.

For more information, please don’t hesitate to get in touch with our team using the details below:

  • Chat with an advisor using the live chat box below

Related Broken Bone Claims Guides

Visit the NHS website for guidance on what to do if you’ve broken a bone.

See the Royal Society for the Prevention of Accidents (ROSPA).

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:

Thank you for reading our guide on claiming broken humerus compensation.

Article by EI

Publisher EC.