By Jo Anderson. Last Updated 1st December 2023. Welcome to our guide on elbow injury compensation amounts. In this guide, we’ll discuss when you could make a personal injury claim, and the steps you could take to get started. Following this, we explain why knowing the average settlement for an elbow injury would not give you any insight into your own elbow injury settlement amounts. Furthermore, we look at the time limit for personal injury claims, and how we could assist you with such claims.
If you have experienced an elbow injury which was caused by the negligence of another party, you could be entitled to make an elbow injury claim for compensation.
Often people with an elbow injury such as a break, fracture or “tennis elbow” are unable to work for a period of time and therefore can suffer a loss of income and future income. An elbow injury can also affect your personal life, affecting your ability to wash and dress, prepare food and drive. If you have experienced an elbow injury that was not your fault, trust Accident Claims UK to help you make an elbow injury compensation claim.
If you would like to speak to an advisor about elbow injury compensation amounts, then you can contact us online or by phone. Reach us by:
Select A Section
- What Is The Average Settlement For An Elbow Injury?
- Claiming Compensation For An Elbow Injury
- Common Causes Of Elbow Injuries
- The Steps To Take After An Elbow Injury Accident
- Claiming For An Elbow Injury With A No Win No Fee Solicitor
- Useful Links Relating To Elbow Injury Compensation Amounts
When researching personal injury claims, you may be wondering, ‘What is the average settlement for a broken elbow?’.
Following a successful claim for an elbow injury, your compensation settlement could consist of general and special damages. General damages compensate you for the pain and suffering that your injury has caused you.
Below we have created a table to help you understand how much you could receive in general damages for your elbow injury. The settlement amounts listed have been taken from the Judicial College Guidelines (JCG) 16th edition. The JCG is a document that is used by many legal professionals, such as solicitors, to help them value claims. This is because the JCG lists compensation brackets for various injuries.
However, it is important to note that we cannot provide the average settlement for tennis elbow syndrome or any other type of elbow injury. This is because compensation is awarded on a case-by-case basis, and how much you could receive will be affected by the factors of your claim. Therefore, you should only use this table as a guide.
|Multiple Serious Injuries including financial losses, as well as pain and suffering.||Serious||A combination of serious injuries that lead to significant financial losses and costs, such as loss of income, as well as pain and suffering.||Up to £100,000+|
|Arm injuries||Severe (a)||Injuries such as a serious brachial plexus injury that did not require amputation, but have left the person little better off than if it had been.||£96,160 to £130,930|
|Arm injuries||Injuries Resulting in Permanent and Substantial Disablement. (B)||Serious fractures to both or one forearm that causes a significant cosmetic or functional disability.||£39,170 to £59,860|
|Arm injuries||Less Severe (c)||Despite suffering with considerable disabilities, the person is expected to or already has made a substantial recovery.||£19,200 to £39,170
|Arm injuries||(d)||Simple forearm fractures.||£6,610 to £19,200|
|Elbow injuries||Severe (a)||A severely disabling injury to the elbow.||£39,170 to £54,830|
|Elbow injuries||Less severe (b)||Although the injury will not require major surgery or result in a significant disability, the elbows function will be impaired.||£15,650 to £32,010|
|Elbow injuries||Minor or Moderate (c)||Most elbow injuries such as lacerations, fractures and tennis elbow syndrome fall under this category. The recovery rate will affect how much is awarded.||Up to £12,590|
|Psychiatric Damage Generally||Moderate (c)||Despite suffering with various problems, the prognosis is good and the person will have made marked improvements.||£5,860 to £19,070|
Any financial losses you have suffered due to your elbow injury could be compensated with special damages. Some of the things special damages could compensate you for include:
- Medical expenses
- Loss of earnings, both past and future
- Travel costs
Providing evidence of these financial losses will help support you in your claim. Evidence could include bank statements, receipts and payslips.
Contact one of our advisors today to receive free legal advice regarding your potential claim.
Now that you’ve learned more about elbow injury compensation amounts in the UK, let’s explore when you could make a claim.
In order to make an elbow injury claim, you must be able to prove that you were owed a duty of care, and that this duty of care was breached, causing you harm. This is a legal responsibility for someone else’s health and safety. You could be owed a duty of care:
- At work: When you are at work, your employer owes you a duty of care. This is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA), which states that they must take all reasonably practicable steps to keep you safe while working.
- On the roads: All road users owe each other a duty of care to use the roads in a way that prevents harm to themselves and others. To uphold this duty, they are expected to comply with the Road Traffic Act 1988 (RTA) and the mandatory rules in the Highway Code.
- In public: When you are in a public place, you are owed a duty of care under the Occupiers’ Liability Act 1957 (OLA). Under this legislation, the controller of the space must take steps to ensure the reasonable safety of visitors.
If you were owed a duty of care, and you suffer harm because this duty was breached, then you may be able to make a claim for personal injury compensation. Contact our team of advisors today to find out if you could be eligible to start a personal injury claim.
How Long Do I Have To Make A Elbow Injury Claim?
The personal injury compensation claim time limit is three years from the date of your injuries, according to the Limitation Act 1980. However, there are some exceptions to this rule.
For example, the time limit is frozen for those under the age of eighteen. A court-appointed litigation friend can claim on their behalf during this time, or they can begin the claim themselves when the time limit is reinstated on their eighteenth birthday.
Similarly, for those who lack the capacity to claim for themselves, the time limit is suspended indefinitely. In these cases, a litigation friend can make the claim on their behalf at any time. Otherwise, the time limit will only be reinstated if the claimant recovers the needed capacity, at which point it will begin from the date of their recovery.
To find out if you are within the correct time limit to make an elbow injury claim, contact our team of advisors today. They can evaluate your claim for free, and answer any questions you may have about the claims process.
Now we have given some insight into elbow injury compensation amounts, let us look at examples of accidents that could cause you to sustain an elbow injury.
- An accident at work: If a spillage is left unmarked and is not cleaned up within an adequate timeframe, you could slip and fall, landing on your arm. This could cause a significant elbow injury
- A road traffic accident: For example, if you are in a car crash because someone failed to signal before changing lanes and collided into the side of your vehicle, this could lead to damage to your elbow. Or, if you are run over by a speeding vehicle as a pedestrian, this could lead to elbow injuries too.
- An accident in a public place: Slips, trips and falls could occur due to the local council failing to act on complaints made about unsafe pavements. If you trip over an uneven paving stone and fall on your arm, this could result in an elbow injury.
Not all accidents will form the basis of a valid elbow injury claim. If you would like to check your eligibility to make a personal injury compensation claim for an elbow injury, please contact an advisor.
Following an injury to the elbow, there are steps you should follow to maximise your chances of making a successful personal injury compensation claim.
Firstly, it is important to seek medical attention for your injury, particularly if you have suffered a severe injury. Not only is it important for your well-being to get your injury treated, but any treatments you do receive will be noted in your medical records. You can then request your records to use as evidence for your claim.
Afterwards, you might consider seeking legal advice. A solicitor can discuss the claims process with you and give you insight into what to expect. Additionally, they’ll be able to inform you of what evidence would work best for your case and collect evidence on your behalf.
Next, you should begin gathering evidence to support your arm injury claim. You’ll need proof of your injuries as well as evidence that the party you are making a claim against breached their duty of care. For example:
- An independent medical expert can assess you and determine the extent of your injuries
- Witness statements
- Photographs of your injuries
- CCTV footage, if your accident happened in a place that has surveillance
Our advisors are available around the clock to offer free, no-obligation advice. If you wish to connect with an expert accident claims solicitor, we’ll be happy to help you.
If you are eligible to make a personal injury claim, one of our solicitors could help you. They have experience with arm injury claims, and could help you with gathering evidence and guiding you through the claims process. Additionally, they may offer to represent you on a No Win No Fee basis with a Conditional Fee Agreement (CFA).
Under this arrangement, you will not be expected to pay any upfront or ongoing fees for your solicitor’s services. Furthermore, if your claim is unsuccessful, you won’t have to pay them for the work they have done on your case.
If your claim succeeds, you will pay your solicitor a success fee. This is a legally capped percentage deducted from your compensation award.
If you have suffered an injury to the elbow, and would like to know if you could be eligible to work with one of our No Win No Fee solicitors, you can contact our advisors. Our friendly team is available 24 hours a day to help you and offer free advice.
You can contact our advisors by:
- Arm Injury Accident Claims Guide
- A Guide to Dangerous Machinery at Work Injury Claims
- What Are My Legal Rights After an Accident at Work?
The following links might be helpful:
For any queries related to elbow injury compensation amounts, call our advisors.