Last updated 19th December 2024. If you have suffered an injury of some kind to the elbow and you believe it was someone else’s fault, you may be eligible to claim compensation for the injury. This guide has lots of information regarding elbow injury claims and will help to prepare you for launching your claim.
There are many ways in which an elbow injury may occur, it may be that you’ve had an accident in your workplace, or you’ve slipped, tripped or fallen, or, perhaps, your elbow injury was from a sporting accident.
Normal everyday and routine activities suddenly can become more difficult or even impossible, such as getting washed and dressed. it may not be possible join in with hobbies or go to work. There are many aspects of your lifestyle that can be affected by sustaining an elbow injury, all of which can affect your physical, mental, and financial wellbeing.
If your elbow injury was someone else’s fault, you may wish to consider claiming for elbow injury compensation. This can cover the costs of any expenses and compensate you for any suffering caused.
Legal Helpline can connect you with a panel of highly experienced solicitors that will be happy to help and advise you on the best steps to take to start your compensation claim. Contact us today for a free initial consultation with no obligation:
- Call us on 0333 000 0729
- Contact us through our website
- Use the Live Chat feature below
Jump to a Section
- Common Elbow Injuries
- Elbow injuries in public places
- Elbow injuries at work
- What can I do if I suffer an elbow injury?
- Calculating elbow injury compensation amounts
- No Win No Fee Legal Help When Claiming Elbow Injury Compensation Amounts
- Useful links and resources
Common Elbow Injuries
Elbow injuries can be minor knocks, such as knocking your funny bone causing a short tingling numb sensation to shoot up the arm, or more severe injuries such as a fractured or broken bone in the elbow joint. Another type of injury known as tennis elbow is an injury that occurs over time like a repetitive strain injury. Elbow injuries may cause symptoms such as swelling, tingling, numbness, pain, weakness and loss of movement, all of which can vary from minor to severe.
The elbow is a complicated structure within the body and injuries that are more common to occur to the elbow are:
- Fractures and breaks – The Ulner Collateral Ligament can be damaged when the elbow is fractured or broken. Damage to this ligament, particularly if serious, often needs surgery to correct the damaged cause and can sometimes take much longer than a year to heal.
- Tears and strains – Strain injuries are caused when the ligaments, tendons and muscles become overstretched. If they are severely overstretched, then tears may appear. If a tear occurs, the recommended treatment is surgery in order to mend the tear.
- Bursitis – Swelling, tenderness and severe pain can occur when the elbow area suffers a severe blow to it. A bursa may then appear covering the injured area in order to protect it. The bursa may need to be drained if it becomes large or uncomfortable by a medical professional.
Elbow injuries in public places
If you have hurt your elbow due to an accident that happened in a public place, depending on the circumstances, you may be entitled to claim elbow injury compensation. If you slipped over in a restaurant due to a spillage on the floor or tripped on the pavement because of a broken paving slab for example, or perhaps you tripped and fell in your local supermarket, the chances are that the accident causing you to injure your elbow was because of someone else’s negligence.
In these examples, the people liable for your injury would fall with the restaurant owner, the local council or the supermarket. As occupiers and owners of the areas and premises, they have a legal obligation to provide a safe environment for anyone on their premises.
If they have failed to ensure their premises are as reasonably possible in accordance with the Occupiers Liability Act 1957, they could be held accountable for any injuries sustained as a result. Grounds for elbow injury compensation claims could be established if an accident has occurred on their premises and they were at fault.
However, every case is different, meaning some may not be viable claims. For a free consultation, please contact Legal Helpline today.
Elbow injuries at work
One of the most common elbow injuries sustained in the workplace is a repetitive strain injury due to overuse. Other injuries can often include strains and tears to the ligaments, tendons and muscles again mainly due to overuse of the elbow joint.
Employers have a legal responsibility and duty of care to ensure the safety of their employees whilst in the working environment. They are required to carry out risk assessments and have adequate health and safety policies and procedures in place for the prevention of an employee becoming injured in accordance with the Health and Safety at Work etc Act 1974. Failure to comply with these legal regulations will mean that they have breached their duty of care and so could be liable if someone was to sustain an injury.
If you’ve experienced an elbow injury due to an accident or have developed a repetitive strain injury to the elbow, grounds for elbow injury compensation claims could be established. Even if you think you may have contributed to the cause of your elbow injury, there is still a chance that you may be entitled to some compensation. Call Legal Helpline for free help and advice.
What can I do if I suffer an elbow injury?
If your elbow has been hurt due to an accident because of negligence, then you may be considering making an elbow injury claim. In order to make a successful claim, there are various actions you can take to build up some evidence that supports your case, such as:
- Medical Assistance – See a medical professional have your injury properly assessed and diagnosed. This is not only important for your health but also the medical report of your injury will serve as an invaluable source of evidential documentation that will state the severity of your elbow injury, the recommended treatment required, potential recovery time and future prognosis. Also, evidence such as x-rays or MRI results will be included in the report.
- Photos – If at all possible take photographs of where your accident occurred and of what the cause of the accident was. Also, photographs of your elbow injury can help as this will be visual proof of your suffering and pain.
- Expenses – Retain all receipts of any extra expenses incurred, such as medical or travel expenses, as a result of your injury.
- Loss of earnings – Keep an account of any income lost due to your injury and also any potential future income lost.
- Write it down – As soon as possible, write everything down that you can remember about when your injury occurred. Include the moments leading up to, during and after when it happened. Also, keep a diary of symptoms and how your lifestyle is being affected.
Calculating elbow injury compensation amounts
When using our elbow injury compensation claims calculator, there are various items that should be considered and included in the claim that will contribute to the final settlement amount. This includes general damages which account for the physical effects of your injury. The severity of the injury will determine how much will be awarded. The level of pain and suffering you have endured will be considered as part of the general damages too.
Your claim could also include special damages, which is explained in more detail below.
Each and every elbow compensation claims case will be different as people will be affected in different ways. The average settlement for elbow injury is going to vary from person to person, and will largely depend on the severity of the injury and the likely hood of any effects coming apparent later on.
Average Settlement For A Broken Elbow
Unfortunately, there is no guaranteed settlement for a broken elbow, as each case needs to be properly assessed before a suitable figure can be arrived upon. Elbow injury settlement amounts can vary depending on a few different factors.
Some considerations that can be taken into account include:
- The extent of the damage
- How long you take to recover
- Whether the injury is to your dominant limb
Legal professionals calculate how much your injury should be worth by referring to certain materials. For instance, they will need to address the medical evidence regarding your injuries. There is also a publication called the Judicial College Guidelines (JCG).
The JCG is made up of injuries with relevant descriptions and a range of figures based on past court cases. We have included some examples in the table below. These may give you a rough idea as to the value of this portion of your claim. However, the JCG does not take into account expenses such as any loss of earnings or medical expenses.
Injury Severity Compensation Bracket Notes
Multiple Injuries Plus Special Damages Very Severe Up to £500,000 or more Not a JCG figure.
Arm Severe Injuries £117,360 to £159,770 Injuries short of amputation that leave the injured person little better off.
Injuries Resulting in Permanent and Substantial Disablement £47,810 to £73,050 Serious forearm fractures causing significant permanent disability.
Less Severe Injury £23,430 to £47,810 Significant disabilities, although substantial recovery is expected.
Elbow A Severely Disabling Injury £47,810 to £66,920 -
Less Severe Injuries £19,100 to £39,070 No major disability or surgery needed, although there is functional impairment.
Moderate or Minor Injury (i) In the region of £4,310 Injuries that fully resolve after about one year.
Moderate or Minor Injury (ii) - Most symptoms resolve within 18 to 24 months. Nuisance-level symptoms may persist.
Moderate or Minor Injury (iii) Up to £15,370 Recovery within three years, although nuisance symptoms and need for surgery may persist.
When you call our expert advisors via the details at the top of this guide, we can provide a bespoke valuation of how much compensation for an elbow injury you could be owed. While this is only a guideline amount that is likely to change as a claim progresses, it helps to understand how the claims process applies to you.
Elbow Injury Compensation Amounts – What Else Can You Include?
The compensation listed above does not take special damages into account. If your broken elbow financially impacted you then you could seek special damages. This can cover you for losses you have suffered, and losses you expect to suffer.
This payment in personal injury claims could cover:
- Medical expenses – If you have had to pay for any treatments or prescription costs for example as a direct consequence of your injury, then you should include these.
- Travelling expenses – Any travelling expenses or costs as a direct consequence of your injury including any vehicle adaptions can be taken into account and reclaimed in this section of your claim.
- Care costs – For those who have required help or care whilst recovering, the person helping can also file a claim.
- Loss of earnings – Make sure to include the amount of any income lost or future income that will be lost due to your injury.
You may be required to provide evidence that supports the amount you are requesting for in special damages. Potential types of evidence you could provide include:
- Receipts
- Payslips (to prove your income was affected)
- A medical report (showing how long your injury is expected to last, and what it has left you unable to do)
However, there could be other evidence more relevant to your fractured elbow claim.
Please reach out to a member of our team for more information about claiming for elbow injury, and the compensation amounts typically awarded in this type of claim.
No Win No Fee Legal Help When Claiming Elbow Injury Compensation Amounts
If you meet the eligibility criteria to make a personal injury claim for broken elbow compensation, a solicitor from our panel could help you. Our panel of solicitors have years of experience and can help in a number of ways. For example, elbow injury compensation amounts can vary from case to case, but when you work with a solicitor, they can help outline a potential settlement amount.
Our panel of solicitors work under a kind of No Win No Fee contract called a Conditional Fee Agreement (CFA). This means that you won’t be asked to pay any upfront or ongoing fees in order for them to work on your claim. Likewise, should your claim fail, you won’t be asked to pay a fee for their work.
If your claim succeeds, your solicitor will take a success fee from any compensation. This fee is a small percentage that is capped by law, ensuring that your share of your settlement stays with you.
To find out if you could be eligible to work with a solicitor from our panel, get in touch today. Through a free consultation, one of our advisors can help you identify if you have a valid claim and answer any questions you may have about the claims process. To get started:
- Call 0333 000 0729
- Contact us online
- Use the live chat feature
Helpful Links and Resources
- Have you tripped on the pavement? – If you have injured your elbow after tripping and falling on a pavement this link provides more information on pavement trip compensation claims.
- NHS – Elbow pain – NHS guide and useful information regarding elbow and arm pain.
- NHS – Tennis elbow – NHS guide and overview regarding what tennis elbow is, its possible causes and treatments.
- Ankle Injury Claims – Find out more about these kinds of claims.
- Finger Injury Claims – Our guide on claiming compensation for finger injuries.
- Bus Accident Claims – If you injured your elbow in a bus accident, this guide may help you.
Other Helpful Guides Of Ours
- Hand Injury Claims
- Public Park Accidents
- Supermarket Accident Claims
- Arm Injury Claims
- Rib Injury Claims
- Compensation For Losing A Limb
- No Stairwell Lighting Caused An Accident – How To Claim
Thanks for reading our elbow injury compensation claims guide.
