If you have injured your elbow, it can cause significant disruption to your life. Everyday tasks can become difficult, especially if your mobility is affected. You might be wondering if you can make an elbow injury claim following an accident that was not your fault. Within this guide, we will discuss when you could have a valid personal injury claim.
Additionally, we will discuss what types of situations could give rise to a claim, what evidence you might need and also the types of compensation you may be eligible to receive. Our panel solicitors are experts in elbow injury claims and we also explain the benefits of working with them on a No Win No Fee basis for your claim.
You can contact one of our advisors with any questions you may have about elbow injury compensation claims. Our dedicated team can be reached by:
- Calling us on 0800 408 7825 (24 hours a day).
- Using the live chat function located at the bottom of your screen.
- Filling out the online contact form.
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Can I Make An Elbow Injury Claim?
In order to have a valid elbow injury claim you must show that:
- A third party owed you a duty of care.
- They breached that duty e.g. you are hit by a negligent driver.
- You suffered injuries as a result of this breach of duty.
Together, these three factors form the basis of negligence.
The vast majority of personal injury claims arise from accidents at work, road traffic accidents or accidents in public places. We will look at each in turn.
Accidents At Work
Under the Health and Safety At Work etc. Act 1974, your employer has a duty of care to take reasonable steps to keep you safe at work. This could include providing adequate training, effective personal protective equipment (PPE) or conducting risk assessments to reduce the risks of injuries at work.
If you are injured due to your employer breaching this duty, you could make an accident at work claim. For example:
- Your employer provides you with a known faulty ladder. A rung of this ladder breaks while you are using it, causing you to fall from a height and suffer multiple injuries, including a head injury and elbow injury.
Road Traffic Accidents
Every road user has a duty of care to use the roads safely and avoid causing harm. They must also adhere to The Road Traffic Act 1988 and the Highway Code. For example, motorists should adhere to speed limits and should stop at red lights.
If you are injured due to a road user breaching this duty, you could make a road traffic accident claim. For example:
- You are knocked off of your bicycle due to a taxi driver hitting you as they did not check a junction was clear before pulling out, causing you to suffer a fracture in your elbow.
Accidents In A Public Place
Occupiers (those in control) of public spaces have a duty of care to ensure the reasonable safety of every member of the public using their facilities under The Occupiers’ Liability Act 1957. They must take steps to reduce the risk that someone will become injured whilst using their premises. This can include shops, bars, restaurants or other public spaces.
If you are injured due to an occupier breaching this duty, you could be eligible to make a public liability claim. For example:
- The occupier of a local park fails to maintain the equipment regularly. You suffer an elbow and pelvis injury when a swing collapses upon use.
To see whether you may be eligible to claim elbow injury compensation, you can contact one of our advisors.
What Are Common Types Of Elbow Injury?
There are many different types of elbow injuries, ranging from a severe elbow injury to more straightforward but still painful elbow fractures. Common elbow injuries include:
- Sprains.
- Soft tissue injuries.
- Breaks or fractures.
- Scarring.
- Damaged tendons or ligaments.
There are of course many other forms of elbow injury but to be able to successfully claim compensation you must be able to show that negligence occurred. If you have suffered an injury to your elbow joint, you can contact our advisors to see whether you have a valid personal injury claim.
How Do I Make An Elbow Injury Claim?
If you believe you have been injured due to someone elses’ negligent actions, you will need to prove your case and also your injuries. A personal injury solicitor can help advise you about your prospects of success and what supporting documents may be required. These could include:
- CCTV or dashcam footage.
- The contact details of any witnesses who can provide a statement.
- Accident reports (if applicable).
- Photographs of the accident site.
- Copies of your medical records confirming your injuries.
- Diary of your symptoms.
Our panel of personal injury solicitors can help you with gathering the evidence you might need when making an elbow injury claim. Contact one of our advisors today to see how they can help you.
Elbow Injury Claim Calculator
The amount of compensation that is awarded for each elbow injury claim will differ due to the unique factors affecting each case.
If you are successful in your claim, your settlement could consist of two different types of damages, known as general and special damages.
General damages are awarded for pain and suffering that your elbow injury has caused you. Various factors will affect how much you receive in general damages, such as:
- The type of elbow injury you suffered. Was it a broken elbow or tennis elbow syndrome?
- What treatment you have required.
- Your expected recovery period.
Those valuing your claim may use the Judicial College Guidelines (JCG) to help them calculate how much your injuries are worth. The JCG gives guideline compensation brackets for various injuries and will often be used alongside medical evidence to calculate your general damages.
There are some guideline figures for elbow injuries in the table below, but remember, they are just guidelines. Additionally, the first entry has not been taken from the JCG.
| Injury to the elbow | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries With Financial Losses | Severe | Up to £200,000+ |
| Elbow | Severely Disabling | £47,810 to £66,920 |
| Less Severe | £19,100 to £39,070 | |
| Moderate or Minor | Up to £15,370 | |
| Arm | Severe | £117,360 to £159,770 |
| Substantial Disablement | £47,810 to £73,050 | |
| Less Severe | £23,430 to £47,810 | |
| Simple Forearm Fractures | £8,060 to £23,430 |
Claiming For Financial Losses Caused By An Elbow Injury
Special damages is the secondary head of loss that is sometimes awarded in successful claims. It compensates you for the financial losses and out-of-pocket expenses your injury has caused you to experience. Some examples may include:
- Loss of earnings (past and future).
- Rehabilitation costs e.g. physiotherapy.
- Care costs (even from family members).
- Travel expenses.
Providing evidence of these losses could help support your chances of receiving special damages. This could include bank statements, payslips and invoices.
To see how much compensation you may be entitled to receive for your personal injury claim, you can contact one of our advisors today.
Why Make An Elbow Injury Compensation Claim On A No Win No Fee Basis?
Our panel of solicitors operate on a No Win No Fee basis by offering their clients a Conditional Fee Agreement. This type of agreement offers several benefits, including:
- Not having to pay upfront for the work your solicitor does.
- Not having to pay for ongoing work.
- Nothing to pay for their services if the claim fails.
- A success fee will be due to your solicitor if the claim is successful. This is a percentage of your compensation but has a legally imposed maximum.
To see whether you could be eligible to work with a No Win No Fee solicitor on our panel for your elbow injury claim, you can contact our friendly team of advisors:
- Directly on our website.
- Calling 0800 408 7826 (24 Hours a day).
- Using the live chat function on this page.
Learn More About Personal Injury Claims
Further personal injury claims guides by us:
- Learn the most common accidents at work and when you could make a claim for them.
- What is an interim payment during a personal injury case?
- Learn when you could make a personal injury claim on behalf of someone else.
External resources:
- What to do if you have suffered an elbow injury from the NHS.
- Guidance on claiming statutory sick pay (SSP) from Gov.UK.
- Learn when you should administer first aid from the NHS.
To see whether you could make an elbow injury claim you can contact our advisors.