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 specialise 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 who 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
- Elbow injury no win no fee claims
- Can Legal Helpline process my elbow injury claim?
- Contact Legal Helpline today
- Useful links and resources
Legal Helpline has put together this guide in order to give you an informative overview on what’s involved when making elbow injury 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 through the guide regarding your own individual case, please call Legal Helpline on 0161 696 9685 for help and advice.
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 over stretched. 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 over worked 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 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 because 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 that their premises are as safe as can be in accordance with the Occupiers Liability Act 1957, in order to prevent accidents from occurring, then they could be held accountable for anyone who sustains an injury and starts an elbow injury claim due to an accident that has occurred on their premises depending on the circumstances.
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, you may be entitled to compensation. 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 to 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.
- Lost Income – 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 so that we can make sure we are able to claim the maximum amount possible for your personal injury.
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 contact Legal Helpline, the first thing we will do is 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 claim calculator, there are various items that should be considered and included in the claim that will contribute to the final settlement amount. Things to include are:
- General Damages – These 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.
- 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 Claim – For those who have required help or care whilst recovering, the person helping can also file a claim.
- Loss of income – Make sure to include the amount of any income lost or future income that will be lost due to your injury.
So, taking all things into consideration, how much compensation for elbow injuries? At this stage it would be impossible to say due to the many variables as mentioned above and the fact that 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.
Although we cannot specifically say how much compensation for an elbow injury claim might be awarded, in the table below, we have listed some average elbow injury payout amounts that have been given in past cases depending on the injury’s severity to help you see what may possibly be awarded to you.
|Reason for Compensation||Average Amount Given||Comments|
|Severe Elbow Injury||£34,340 - £48,080||This level of payout will be for those whose injury is severely disabling.|
|Moderate Elbow Injury||£13,720 - £28,060||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.|
|Minor Elbow Injury||Up to £11,040||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.|
|Loss of Income||Up to £500,000||The amount paid will depend on the claimants actual paygrade.|
|Severe Arm Injuries||£34,340 - £114,810||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||£13,720 - £48,080||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.|
Remember , the final settlement amount given will depend on a number of factors and so to ensure you include all possibilities in your claim in order to secure the maximum amount possible, contact Legal Helpline today for help and advice.
Part of the service offered by Legal Helpline is to conduct elbow injury compensation claims under a no win no fee agreement, also known as a conditional fee agreement. Under this type of contract, you can have the help of our claims management team with no upfront costs or legal fees during the claiming process. If we win your case for you, we take our payment as a small percentage of your final settlement amount. In the event that your case is not successful, you will not be required to pay or owe us anything.
With no win no fee, you haven’t got to worry about risking your current finances or about the continued affordability of hiring legal help which for most people is a huge relief. There is no gamble with our no win no fee elbow injury compensation claims.
As a claims management company, Legal Helpline has a panel of professional solicitors who have been working successfully in the personal injury claims industry. Some members of this panel have worked in the industyr for more than 30 years. We have seen and dealt with many elbow injury compensation claims over the years, often winning our clients considerable compensation.
Legal Helpline have a very experienced team that work as quickly and as efficiently as we can to get our clients the result they are deserving of. Although we keep our clients informed every step of the way, we are constantly working behind the scenes to build a strong case ready to take to court.
We are a reliable and friendly team that give exceptional customer service and always strive to get the best possible settlement amounts for our clients as quickly as we can so that they can then have some closure and begin to move on with their lives.
Contact Legal Helpline on 0161 696 9685 and take advantage of our free consultancy session and no win no fee service. Your call will be handled by one of our team who will endeavour to help and advise you regarding your elbow injury claim as best as they can.
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.
BUPA guide and overview regarding what tennis elbow is, its possible causes and treatments.