In this guide, we will provide information on elbow injury claims and when they could be made for the harm you sustained in an accident. The injury you sustained may have been the result of a slip and trip at work, or in a public accident resulting from the council‘s negligence. Alternatively, it may have occurred in a road traffic accident due to a road user driving without due care and attention.
No matter how your accident happened, if you were caused harm because someone breached the duty of care they owed you, you may be eligible to seek compensation.
This guide will explore the steps you can take to do so, including the evidence you could obtain to support your case.
Additionally, we will explore what your compensation payout may comprise following a successful claim.
For more information, please get in touch by:
- Calling us on 0800 408 7825
- Using the live chat function located at the bottom of your screen
- Filling out our online contact form
Select A Section
- An Overview Of Elbow Injury Claims
- Types Of Elbow Injuries
- What Are The Most Common Causes Of Elbow Injuries?
- Do I Have A Valid Personal Injury Claim?
- How To Start A Personal Injury Claim
- How Much Are Elbow Injury Claims Worth?
- Speak To Us About No Win No Fee Elbow Injury Claims
- Other Injuries You Could Claim For
As part of the personal injury claims process, it’s important to determine whether someone owed you a duty of care. Examples of situations where you may have been owed a duty of care might include:
- Public Places: As per the Occupiers’ Liability Act 1957, the person in control of a public space owes you a duty of care to do everything they reasonably can to prevent you from experiencing harm.
- Workplaces: The Health and Safety at Work etc. Act 1974 sets out an employer’s duty of care to take all reasonable actions to prevent their employees from sustaining an injury at work.
- Roads: In the Highway Code, there are rules and guidelines for each road user to follow when navigating the roads. The rules and guidelines may vary depending on the specific road user but generally, they should do everything they reasonably can to navigate the roads safely.
However, there are instances where someone might breach the duty of care they owed you. As a result, you may experience harm in the form of a psychological or physical injury.
If you have evidence of someone failing to uphold the duty of care they owed you. please get in touch with our team to find out whether you’re eligible to seek compensation. An advisor can provide further guidance on elbow injury claims.
There are various types of elbow injuries that could be sustained in different accidents, such as:
- Sprains and strains
- Frozen shoulder
The symptoms you experience as a result of these injuries will vary depending on the specific condition you have. For more information, you can speak with a trained medical professional or visit the NHS website.
There are several ways in which someone could sustain an elbow injury. However, in order to seek compensation, you must have suffered harm as a result of someone else’s negligence.
Examples of accidents that could occur as a result of someone breaching their duty of care might include:
- Slip or trip accident: You may have slipped on a spill in the supermarket that wasn’t signposted with a wet floor sign. As a result, you may have sustained a broken elbow.
- Falling from a height: An employer may have failed to regularly check the equipment was safe to use. As a result, you may have fallen from a defective ladder causing you to dislocate your elbow.
- Side collision: The driver of a lorry may have failed to check their mirrors before changing lanes on the motorway. As a result, they may have collided with a car causing the occupant to sustain multiple severe injuries, including an open elbow fracture and a serious brain injury.
If you would like to discuss elbow injury claims in more detail, please get in touch with our team. They can provide further clarification on whether someone else was liable for the accident that caused you to suffer harm.
A valid personal injury claim will be able to demonstrate the following three criteria of negligence:
- Someone owed you a duty of care
- They failed to uphold the duty of care they owed
- You experienced physical harm or psychological damage as a result.
If you’re unsure whether you hold a valid claim, you can speak with one of our advisors. They can assess your case to determine whether you’re eligible to seek compensation for your injuries.
Furthermore, they could connect you with a solicitor from our panel to help you take steps when making claims for an elbow injury and get the compensation you deserve.
Please get in touch on the number above for more information.
The elbow injury claims process includes taking several steps to support your case. Firstly, you should ensure you have sought proper medical attention to get the relevant treatment for your injuries. In doing so, you can provide records of your visit to the hospital or your doctor to highlight the treatment and diagnosis you received.
Furthermore, you may be invited to attend a medical appointment that is completed by an independent medical professional. The results of the medical appointment will be compiled into a report to provide details on the current state and the full extent of your injuries, including the future prognosis.
The medical evidence you provide in support of your claim can be used when calculating how much compensation you should receive for your injuries.
Additionally, you could obtain other evidence in support of your claim, such as:
- CCTV or dashcam footage
- Pictures of your injuries
- Pictures of the accident scene
- Contact details of any witnesses
- Records of your accident from a workplace accident book
Furthermore, if you wish to seek compensation for the financial impact your injuries have caused, you could keep a record of documentation to prove any monetary losses. For instance, you could keep hold of receipts or payslips.
Lastly, you may wish to seek legal representation in the form of an experienced personal injury solicitor. A solicitor can use their expertise to help you through the different stages of the claims process, including gathering relevant evidence to support your case.
If this is something you would like to consider, please get in touch with our team using the number at the top of the page, An advisor could discuss the potential of passing on your claim to a solicitor from our panel.
Following successful elbow injury claims, you may receive compensation in the form of general and special damages.
General damages refer to the compensation awarded for the effect any physical and psychological injuries have had.
Special damages refer to the compensation awarded for any financial losses that you may have incurred as a result of your injuries. This could mean lost wages or money spent on travel to hospital appointments. You could claim these costs back, provided you have sufficient evidence to prove these losses, such as receipts or payslips.
In order to accurately calculate how much your injuries are worth, medical evidence may be assessed to determine:
- The severity of your injuries
- The impact they have had on your life
Furthermore, guidelines from the Judicial College may be referred to by solicitors alongside any medical evidence. The guidelines set out bracket compensation awards for different injuries which have been used in the table below.
|Injury||Injury Details||Bracket Award|
|Elbow Injury (a)||An injury that is severely disabling.||£36,770 to £51,460|
|Elbow Injury (b)||A less severe elbow injury that causes function impairment but doesn't involve major surgery.||£14,690 to £30,050|
|Elbow Injury (c)||Elbow injuries that are moderate or minor in nature such as a simple fracture or laceration.||Up to £11,820|
|Arm Injuries (a)||Severe injuries such as those that fall short of amputation.||£90,250 to £122,860|
|Arm Injuries (b)||Injuries that lead to a permanent disability that is substantial, such as serious fractures of one or both arms.||£36,770 to £56,180|
|Arm Injuries (c)||A less severe arm injury that causes a significant disability but there will be a substantial recovery.||£18,020 to £36,770|
|Arm Amputation (b) (ii)||Where the arm has been amputated above the elbow.||£102,890 to £122,860|
|Arm Amputation (b) (iii)||Where the arm has been amputated below the elbow.||£90,250 to £102,890|
|Arm Injuries (d)||Injuries might include a simple forearm fracture.||£6,190 to £18,020|
Please only use these figures as a guide because your actual settlement will vary.
If you are interested in starting a claim but are concerned about having to pay fees upfront, you may find it beneficial to hire a No Win No Fee solicitor.
In doing so, you can avoid paying an upfront cost for their services and any costs while your claim is ongoing. Furthermore, for unsuccessful claims, there will be no success fee to pay your solicitor.
However, for successful claims, you will pay a small success fee that is subject to a legal cap. This will be paid from the compensation you receive. Your solicitor will discuss the fee with you beforehand and explain how it works and what it covers.
All of the solicitors on our panel offer No Win No Fee services so if this is something you feel would benefit you, please get in touch. An advisor could connect you to a solicitor from our panel if they find your case has a chance of succeeding.
Alternatively, if you’re not at the stage where you can begin your claim, an advisor can provide further clarification on anything you’re unsure of.
Either way, an advisor could help so please use the details below to get in touch:
- Telephone: 0800 408 7825
- Live chat: An advisor can provide instant help via the live chat feature below
- Online form: Contact us by filling out the form on our website.
Below, we have provided some additional resources that you may find beneficial.
- £25,000 Compensation Payout For A Crushed Arm
- Public Highway Accident Claims
- Can I Be Sacked For Having An Accident At Work?
- GOV- Request CCTV footage of yourself
- NHS- Conditions
- Health and Safety Executive- Workplace Accident Statistics
We hope this guide on elbow injury claims has helped. However, if you require any further information, please don’t hesitate to get in touch with our advisors on the number above.