By Cat Stardew. Last Updated 23rd June 2023. Welcome to our elbow injury compensation claims guide. 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. Sustaining an elbow injury is sometimes due to someone else’s negligence which might have had a real negative impact on you.
Normal everyday and routine activities suddenly can become more difficult or even impossible, such as getting washed and dressed, or you may not be able to go into work causing you to lose your income, it may not be possible to drive or join in with hobbies and sporting activities that you would normally do for example. There are many aspects of your lifestyle that can be affected by sustaining an elbow injury which can not only affect your physical well-being, but also your mental well-being too, and also it can have a big impact on your finances.
If your elbow injury was due to the negligence of someone else, then you should consider making an elbow injury compensation claim as this can cover the costs of any expenses and inconveniences you have incurred so that you can concentrate on recovering from your injury.
In order to have the best possible chance of making successful elbow injury claims, it is a really good idea to contact a legal firm that specialises in personal injury claims and therefore know how to proceed with a claim to secure the best possible outcome. Legal Helpline is a Claims Management Company that 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.
Jump to a Section
- Elbow injury claims guide
- Common Elbow Injuries
- Elbow injuries in public places
- Elbow injuries from slips, trips and falls
- Elbow injuries at work
- Tennis elbow compensation claims
- What can I do if I suffer an elbow injury?
- Determining how severe your elbow injury is
- How to start your elbow injury compensation claim
- Calculating elbow injury compensation amounts
- No Win No Fee Legal Help When Claiming Elbow Injury Compensation Amounts
- Useful links and resources
Legal Helpline has put together this guide in order to give you an informative overview of what’s involved when making elbow injury compensation claims.
The guide includes information such as how an elbow injury is assessed, where you stand legally if you’re injured in a public place, what steps you should take following injuring your elbow, how to start a claim, what can be included in your claim, some average elbow injury compensation amounts and much more.
As all claims cases differ in some way, if you’d like further information after reading regarding your own individual case, please call Legal Helpline on 0161 696 9685 for help and advice. Or, contact us through our website.
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.
- RSI (Repetitive strain Injury) – This type of injury develops over time and is quite common in the workplace. It occurs when the ligaments and tendons have been continuously overworked over some time resulting in them becoming inflamed and painful. Gradually the pain increases causing movement to become more limited and so harder for the sufferer to undergo work-related and personal everyday tasks. Anti-inflammatory medication is usually used to treat the pain and sometimes an elbow support bandage can be helpful too.
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.
If you have had an elbow injury due to a slip, trip or fall and you believe your accident was due to the negligence of someone else, then you may be eligible to make an elbow injury compensation claim. Contact Legal Helpline to discuss the details of your case and with our experience and expertise, we will be able to tell you whether you have a legitimate claim.
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.
Lateral Epicondylitis, more commonly known as tennis elbow, is a condition where the tendons that control the muscles attached to the elbow and used to straighten the wrists, are overworked causing strains, small tears and inflammation around the bony part of the elbow. This can leave the elbow joint extremely painful and therefore movement is sometimes limited.
Tennis elbow can usually be home remedied with complete rest of the joint and by taking anti-inflammatories to help with the pain. However, if there is little relief after a few days, medical attention should be sought from your GP as they may need to check if there is any nerve damage by means of an MRI scan or ultrasound.
The average compensation for tennis elbow will greatly depend on the severity of the condition and the time it takes to heal. The amount of compensation awarded for tennis elbow will also depend on what activity you have been doing to cause the injury and how long you have suffered with it for among a number of other factors.
On average, tennis elbow settlements fall somewhere between £2,000 – £5,000 for slight to moderate cases where the condition has improved within a couple of years. For more severe cases where corrective surgery may have been required, the compensation amount increases quite substantially depending upon the amount of surgery needed, the amount of healing time and also the prognosis for the future.
If your tennis elbow is because of your work, then call Legal Helpline to get information on where you stand as an employee when making a claim for compensation against your employer.
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.
Trying to determine the severity of someone’s elbow injury is not always easy as each person’s circumstances are different. When looking at how severe the injury is, the injury itself as it is currently as well as any future effects it may have will be taken into account.
First and foremost a medical examination of the injury will be able to determine the type of injury, how bad it is and what treatment is necessary to make it better and what the future prognosis is. If you choose to hire Legal Helpline to file your compensation claim on your behalf, we can provide a free medical local to you to ensure that you receive a thorough examination of your injury. Therefore, we can make sure we are able to win our clients the maximum amount possible for their elbow injury compensation claims.
Making elbow injury claims can be a complex process especially for someone who may have little or no experience in dealing with legal cases such as personal injury claims. This is one of the many reasons we recommend contacting a reputable and experienced Claims Management Company to handle your case for you on your behalf to make sure that all the avenues of making a compensation claim are covered, giving you the best chance of securing the maximum amount possible for your injury.
If you get in touch with Legal Helpline, we can offer you a free consultancy session where you will have the opportunity to discuss the details surrounding your case in complete confidence.
You can use this time to ask any questions you may have about making a claim and we shall also use the time to ask you questions and gather the facts and any information that you may have already collected in regards to your case. We will talk you through the claiming process so that you have a better understanding and an idea of what to expect. We will then set to work on gathering further evidence and getting your claim in a strong position ready to take to court.
As part of our service, we may also offer a free local medical checkup if we feel it’s required in support of your claim.
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 average 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. It was last updated in 2022 – we have included some example entries from this latest edition 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.
Get in touch today and we can give you an overall, more accurate valuation of your claim.
Elbow injury compensation amounts in 2022
Reason for Compensation Compensation Bracket Comments
Severe Arm Injuries £96,160 to £130,930 Severe injuries such as complicated fractures and major soft tissue damage. Claimant may have been left significantly disabled and may have such a serious disability that only just falls short of disablement by means of amputation.
Less Severe Arm Injuries £19,200 to £39,170 Simple fractures to the forearm will attract the lower amounts, the higher amounts will be where significant disablement occurred but a good level of recovery has already happened or certainly expected.
Severe Elbow Injury £39,170 to £54,830 This level of payout will be for those whose injury is severely disabling.
Less Severe Elbow Injury £15,650 to £32,010 Award of these amounts will be for injuries that although severe and leaving the claimant with some loss of function, surgery has not been required.
Moderate or Minor Elbow Injury Up to £12,590 The amount awarded will depend on the level of pain and suffering experienced, the length of treatment required and the length of time it takes to recover and whether or not any long term effects are possible.
However, please bear in mind that the elbow injury compensation amounts above are not guarantees of what you could receive. Every claim is unique, meaning that there are many factors that can dictate the compensation amount should your claim be successful.
These can include the severity of your injury, the length of your recovery period and if any permanent health issues have been caused. To learn more about the compensation amounts you could receive for elbow injuries, please contact us for free legal advice using the details above.
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:
- 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.
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.
However, if your claim succeeds, then your solicitor will take a success fee from your compensation award. This success fee is a small, legally-capped percentage, ensuring that the majority 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:
Elbow Injury Compensation Claims FAQs
To end our guide, here are some commonly asked questions.
How much compensation do you get for an elbow injury?
No two cases are the same. Therefore, elbow injury compensation amounts can vary case by case. For some example payouts, please see our compensation table earlier in this guide using figures from the Judicial College Guidelines.
How is pain and suffering compensation for elbow injury claims calculated?
As part of elbow injury compensation claims, general damages can be claimed to compensate for pain and suffering. Whether that be physical or emotional, the way in which this is compensated will be valued according to its severity. A medical assessment can determine this, which our team at Legal Helpline can organise for you if you choose to work with us.
How to calculate tennis elbow compensation payouts
You may be wondering whether you can claim compensation for a tennis elbow injury. If you have been diagnosed with tennis elbow syndrome, and can prove someone else’s negligence caused you to develop the condition, you may be able to make a claim.
Elbow injury compensation amounts are determined on a case-by-case basis. For instance, the severity and the future impact are considered while valuing your claim. Additionally, the Judicial College Guidelines provide relevant compensation brackets that relate to different injuries such as tennis elbow syndrome. These are often used by legal professionals to help them when valuing your claim.
To get a rough estimate of how much your claim may be worth, you could call our team. They can discuss the average settlement for an elbow injury.
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 guide and useful information regarding elbow and arm pain.
NHS guide and overview regarding what tennis elbow is, its possible causes and treatments.
Find out more about these kinds of claims.
Thanks for reading our elbow injury compensation claims guide.
Our guide on claiming compensation for finger injuries.
If you injured your elbow in a bus accident, this guide may help you.