Elbow Injury Claims | Compensation Amounts | No Win No Fee
By Danielle Jordan. Last Updated 11th September 2023. Pursuing an elbow injury claim isn’t always a straightforward process. But it’s possible to get the help of a personal injury solicitor and that’s where we come in.
We’re specialists in helping people recover compensation following an elbow injury. This could have happened in an accident at work or in a car crash; regardless of how it happened, our No Win No Fee solicitors understand the claims process.
Below, you can find our contact information if you’d like to take advantage of our free case check. You can also read on to learn more about the criteria for making a personal injury claim, to see elbow injury compensation amounts, and to learn all about our No Win No Fee service.
You can get in touch with us by:
- Calling us on 0800 073 8804
- Or speak with us now via our live chat box
Select A Section
- Can I Make An Elbow Injury Claim?
- What Types Of Elbow Injuries Can You Claim For?
- Elbow Injury Compensation Amounts
- Claiming For An Elbow Injury With A No Win No Fee Solicitor
- Learn More About Personal Injury Claims
You could be eligible to make an elbow injury claim and receive personal injury compensation if you can prove neglgience occurred.
For an incident to be classed as negligence, it must meet the following criteria:
- You were owed a duty of care.
- There was a breach of this duty.
- Due to this breach, you have suffered an injury.
You may be able to make an elbow injury compensation claim following an accident at work, a road traffic accident, or an incident in a public place. However, no matter where or how you suffered your injury, you must prove negligence occurred.
Additionally, when you are making a claim for personal injury compensation, you will need to start your claim within the correct time limit. Generally, you will have three years from the date you were injured to start your claim. This is highlighted in the Limitation Act 1980.
There are certain exceptions to this limitation:
- If a person is below eighteen years of age when they suffer the injury, the time limit is paused until their 18th birthday. During this time, a court-appointed litigation friend could make a claim on their behalf. If a claim has not been made by their 18th birthday, they will have three years to start one.
- For an individual lacking the mental capacity to make a claim for themself, the time limit is suspended. Again, a litigation friend could make a claim on their behalf. If they were to regain this mental capacity, they will have three years to start a claim if one has not already been made.
To learn more about your eligibility to start a claim and what elbow injury compensation amounts you could be entitled to, please contact our advisors.
The elbow is, surprisingly, one of the more complex joints in the body. Common injuries to the elbow can include:
- Breaks and Fractures – When the elbow bone is fractured or broken, damage can occur to the ulnar collateral ligament. If this ligament has torn or suffered a serious injury, surgery may be required and the recovery time for it to completely heal can sometimes take over a year.
- Strains and Tears – Injury to a tendon, ligament or muscle caused by overstretching is known as a strain. Tears can occur when the overstretching is severe. The recommended treatment for these types of injuries is a surgical procedure to repair the tear.
- Bursitis – A severe blow to the elbow can result in this type of injury which usually causes severe pain, tenderness and swelling to the area. Often, a fluid-filled sac called a ‘bursa’ would appear under the skin that is formed to protect the injured area. If the bursa is considerably large or causing discomfort, a medical professional may decide it best to drain the bursa.
- Repetitive Strain Injury (RSI) – Overuse of the elbow joint can cause the ligaments in the elbow to become inflamed and very painful to move. This type of injury in the workplace is often called Repetitive Strain Injury (RSI). This is an ongoing injury, and over some time, the pain it causes can make it more and more difficult to undergo routine work-related and personal tasks. People with RSI tend to use anti-inflammatories and pain-relieving medication to help treat the pain, but also some people have to wear a supportive elbow brace.
- Tennis Elbow – This is a condition that causes pain around the exterior of the elbow. It develops, usually, due to overusing the muscles of the forearm. Although the name suggests so, the condition isn’t always caused by playing tennis but can be caused by work activities too.
This list is by no means exhaustive so if you don’t see your injury listed above, don’t worry. Call us anyway using the number at the top of this page. We’ll discuss your case with you and advise as to whether or not you could make an elbow injury claim.
The amount of compensation that could be awarded in elbow injury claims is influenced by a number of factors. For this reason, information about the average settlement in elbow injury claims cannot be provided. However, we can show you how your compensation will be assessed alongside a compensation guide, which you can find below.
The figures below of compensation for an elbow injury are from the Judicial College Guidelines (JCG). This is not always the total compensation amount in a claim. In elbow injury claims, and injury claims in general, you could also seek compensation for the distress an injury may have caused you, and compensation to address any related financial losses. The compensation figures we are showing are potential amounts of compensation for the suffering caused by an injury, which is known as general damages.
Our figures come from the 16th edition of the JCG. They are not a guarantee of what you will be awarded but as the JCG is commonly used by legal professionals working in claims, it can give you a good idea of a possible valuation for your injury.
|Reason for Compensation||Comments||Typical Compensation Amount|
|Arm Injury - Severe||An arm injury that has fallen short of requiring amputation, but has left the person little better off than if it had been.||£96,160 to £130,930|
|Arm Injury (b)||Serious fractures in one or both forearms that result in a permanent and substantial disability that is either cosmetic or functional.||£39,170 to £59,860|
|Arm Injury - Less Severe||Despite suffering with significant disabilities, the person will have made a large recovery (or is expected to).||£19,200 to £39,170|
|Arm Injury - (d)||A simple forearm fracture.||£6,610 to £19,200|
|Elbow Injury - Severely Disabling||A severely disabling elbow injury.||£39,170 to £54,830|
|Elbow Injury- Less Severe||Injuries causing impairment of function but not involving major surgery or significant disability.||£15,650 to £32,010|
|Elbow Injury - Minor or Moderate||Injuries could include tennis elbow syndrome, simple fractures, or lacerations. The recovery rate will affect how much is awarded.||Up to £12,590|
|Psychiatric Damage Generally - Moderately Severe||The person will suffer significantly to cope with daily life. However, there will be an optimistic prognosis.||£19,070 to £54,830|
|Psychiatric Damage Generally - Moderate||Despite suffering with various problems, the person will have made marked improvements.||£5,860 to £19,070|
|Psychiatric Damage Generally - Less Severe||Various factors will affect how much is awarded, such as how long the disability lasted and the extent to which daily activities were impacted.||£1,540 to £5,860|
The compensation amount for the financial losses you may have suffered is known as special damages. This is part of the compensation amount that would address the losses we have described above of loss of earnings and medical expenses.
We give you more information about claiming for compensation below but if you want to speak to someone directly about your claim, our advisors can be reached through the live chat feature. They offer free legal advice and can answer the questions you may have about elbow injury compensation or elbow injury claims.
If you would like more examples of elbow injury compensation payouts, please contact our team of advisors. They can provide you with a compensation estimate that relates to your specific injury. You can contact them using the details above.
What Else Can You Include In An Elbow Injury Claim?
When making broken elbow claims or any other elbow injury claims, there are several standard things that you should include in your claim, such as:
- Loss of earnings – This refers to the amount of income you have lost as a direct result of your elbow injury sustained in an accident or due to an ongoing complaint. It will compensate you if you aren’t able to work for a period of time. It also covers the amount of potential future earnings too that may be lost.
- Medical Expenses – You can claim for any extra medical expenses that you have incurred concerning your injury, such as prescription fees, treatment costs etc.
- General Damages – This means the compensation you should receive for your injuries and the pain and suffering you have endured.
- Travel Expenses – Any travel costs such as travelling to and fro the hospital or alternative travelling costs that you have incurred due to your elbow injury, can be included in your claim.
- Care Claim – If you have needed help around the house whilst you recover from your injury, the person that has cared for you may make a claim.
If you are eligible to make an elbow injury compensation claim, you may benefit from having legal representation. One of our personal injury solicitors could support your case. They generally offer their services under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
Solicitors that work under this type of agreement generally don’t ask for upfront or ongoing payments for their services. You also won’t be asked to pay for their work on your claim should it fail.
However, if you are awarded compensation following a successful claim, your solicitor will deduct a success fee from your compensation. This is taken as a percentage that is subject to a legal cap.
To find out if you have an eligible personal injury claim for your injury to the elbow, get in touch with one of the advisors from our team. If it seems like you have valid grounds for a claim, you could be connected to one of our solicitors.
To get in touch:
- Fill in our ‘claim online’ form for a call back.
- Call 0800 073 8804
- Ask a question in our live chat.
If you’d like to learn more about personal injury claims, we’ve included some useful links below:
- HSE report on musculoskeletal problems – This link leads to a study carried out on musculoskeletal complaints within certain professions.
- NHS advice on arm or elbow pain – This is the NHS guide to arm injuries, including possible causes and treatments.
- Accident at work claims guide – This is another of our guides with information about the accident at work compensation claims.
- Slip, Trip And Fall At Work Claims – if you’ve slipped and fallen at work, you may want to claim compensation against your employer if you’ve hurt your elbow.
- Pub and Bar Accident Claims – if you’ve suffered an elbow injury in a fall in a pub or bar, this guide offers information on your legal rights
- Learn how to make heavy furniture lifting injury compensation claims with our helpful guide.
If you need any more help or guidance on making an elbow injury claim, please get in touch.