No Win, No FeeAn injury to the elbow can stop you from enjoying a lot of your normal activities. A broken elbow can be extremely painful and result in months of rehabilitation while tennis elbow, bursitis and other elbow injuries can prevent you from working. Crucially, if you’ve sustained the injury because of someone else’s negligence, you could be entitled to compensation by filing an elbow injury claim against the responsible party. Our guide on elbow injury compensation claims will look at the types of scenarios that could lead to such a claim.
If you’d like free legal advice about claiming compensation for an elbow injury, please speak to a member of our team. We’ll review your claim and explain your options during a no-obligation telephone consultation. If the grounds for your claim seem strong enough, one of our personal injury lawyers may offer to represent you. If they do, your claim will be managed on a No Win, No Fee basis so your financial risk will be reduced massively.
Please call 0800 652 1345 to discuss your options or read on to learn more about elbow injury claims before speaking to us.
Am I Entitled to Compensation for an Elbow Injury?
If you ask a personal injury solicitor on our panel to help you with claiming compensation for an elbow injury, they’ll have to, first of all, review the case with you before agreeing to help. During this assessment, they’ll be looking to see whether:
- The defendant (the party you are claiming against) owed you a duty of care; and
- You suffered an elbow injury; and
- It can be shown that your injury was caused by the defendant’s negligence.
In many cases, the defendant’s representatives will deny liability for your injured elbow from the outset. It will therefore be down to you to prove otherwise. We believe your chances of doing so will improve if you work with a solicitor from our panel so please get in touch to learn more about how we can help.
Common Examples of Elbow Injury Claims
A range of accidents and incidents could lead to an elbow injury compensation claim. Some common examples include:
- Accidents at work: If your employer failed to provide proper training, safety equipment, or a hazard-free workspace, leading to an elbow injury.
- Road traffic accidents: Elbow injuries sustained in RTAs as a driver, passenger, pedestrian, or cyclist due to another road user’s negligence.
- Slips, trips, and falls: Falling onto an outstretched arm in a public place, workplace, or private premises due to hazards like unrepaired potholes or wet vinyl floors.
- Sports injuries: If inadequate safety measures, no supervision, or reckless behaviour by another participant caused an elbow injury.
- Playground accidents: Elbow injuries suffered by children in playground accidents due to broken play equipment or damaged and unrepaired safety surfaces.
- Medical negligence: If your doctor misdiagnosed, delayed treatment, or made a surgical error, causing your elbow injury to worsen or prolonging your recovery.
Even if your specific accident isn’t listed, you could still be entitled to compensation if negligence caused your elbow injury. Contact our team today for free advice on your legal options.
What Types of Elbow Injuries Can I Claim For?
We won’t provide details about every possible elbow injury that you could claim compensation for here but some of the most common include:
- Bursitis.
- Elbow dislocation.
- Elbow fractures.
- Tennis elbow.
- Radial head/neck fractures.
- Lacerations.
- Hyperextension injuries.
If your elbow injury isn’t on our list, don’t worry. We could still help you to start an elbow injury compensation claim so please call and let us know what happened and we’ll review your options.
What Evidence Do I Need for an Elbow Injury Compensation Claim?
If you make a personal injury claim for an elbow injury, the case will normally be handled by an insurance company representing the defendant. They’ll want clear proof to show how your elbow was injured, why their client was to blame and how your injury has affected you.
This could include:
- Medical records: First and foremost, your solicitor will ask to be sent copies of any medical notes and x-rays from the hospital or GP surgery that treated you.
- Photos: If you took pictures at the accident scene, they could be a good way of explaining how the accident occurred. Photographs of any visible elbow injury could be useful too.
- Witness statements: To help clarify how the accident happened, your solicitor may ask anyone else present at the time to explain what they saw.
- Accident reports: Legally, most companies need to keep a record of all accidents on their premises and some also have to report accidents to the Health and Safety Executive (HSE). Your solicitor will obtain copies of these reports to find out more about the cause of the accident.
- Video recordings: If your accident was recorded on a dashcam, security camera or body-worn camera, you could ask for a copy of the footage. This will need to happen quickly, though, as data is not usually stored for more than a month or so.
If you’ve secured any proof already, please let your advisor know when you call. Your solicitor will try to secure any further information needed if your elbow injury claim is taken on.
What Is the Time Limit to Make an Elbow Injury Claim?
Time limits for personal injury claims are dictated by the Limitation Act 1980. For elbow injury compensation claims, there is a 3-year time limit that starts:
- On the date your elbow was injured in an accident; or
- The date your elbow injury was diagnosed (e.g., for RSI).
You can begin the claim any time within the 3 years but it’s often easier to find proof to support your case if you begin the process sooner rather than later.
For child elbow injury claims, there is a 3-year time limit as well but it doesn’t start until their 18th birthday. Before then, a responsible adult can start a claim on the child’s behalf at any point.
What If My Child Sustained an Elbow Injury?
If your child has injured their elbow in a playground, at school or after being knocked off their bike, for instance, you might like to claim compensation on their behalf. This is something our solicitors can support by helping you to apply as their litigation friend.
The process allows parents or responsible adults to deal with the claims process for their child if they’ve hurt their elbow through no fault of their own. If the claim is successful, any compensation will be held in a court trust account until the child’s 18th birthday but the litigation friend can request funds are released when needed.
How Much Compensation for an Elbow Injury Can I Claim?
Calculating how much compensation for an elbow injury claimants are entitled to claim generally varies on a case-by-case basis according to the severity of the injury, along with other factors. There are two specific types of compensation awarded by the courts which are known as general damages and special damages.
General Damages
This element of compensation relates to pain and suffering as a result of the elbow injury received. In general terms, the compensation guidelines are currently as follows:
- Severe elbow injuries – £47,810 – £66,920 compensation.
- Less severe elbow injuries – £19,100 – £39,070 compensation.
- Moderate or minor elbow injuries – up to £15,370 compensation.
While general damages address the immediate pain and suffering of the victim, the subject of special damages is very different.
Special Damages
This takes into account additional factors such as costs incurred and future costs expected because of the elbow injury. The following issues are taken into consideration:
- Cost of medical treatment.
- Cost of future medical treatment.
- Additional travel expenses.
- Medical equipment required.
- Adaptions to the home.
- Loss of amenity.
Can I Claim for Loss of Earnings Due to My Elbow Injury?
If your elbow injury means you need to take time off work while you’re recovering, you could be entitled to claim back any earnings you’ve lost. In addition, elbow injury claims payouts can include future loss of earnings if your injury is likely to reduce your earnings in the future.
Will I Need a Solicitor to Claim Elbow Injury Compensation?
We strongly believe that having a specialist personal injury solicitor on your side will make an elbow injury claim easier and could improve the chances of winning the claim. To help reduce the financial risk of hiring a solicitor, ours offer a No Win, No Fee service for every claim they take on.
No Win, No Fee agreements usually make everything a little less stressful because you’ll know that:
- There are no upfront legal fees to pay.
- You won’t pay legal fees if your solicitor loses the elbow injury claim.
- If the claim is won, your solicitor will deduct their success fee from your compensation payment.
The contract you’ll sign if you agree to proceed is called a Conditional Fee Agreement (CFA). When using a CFA, the maximum success fee you’ll pay is 25 per cent of the damages you receive for your elbow injury.
Once the paperwork has been signed, your solicitor will get to work right away. They’ll collect any information and proof needed to show what happened and collect medical reports. After that, they’ll work on your behalf in negotiations with the defendant’s lawyers.
Your solicitor will use their legal skills to try and make sure you are compensated fully.
Elbow Injury Claims Frequently Asked Questions
What If My Elbow Injury Worsened a Pre-existing Condition?
Will I Need a Medical Assessment of My Injury?
The part of your compensation claim that covers your injuries (general damages) is based on their severity. As such, your personal injury claim may have to be supported by an independent medical assessment. This is not something you need to be concerned about though.
Your solicitor where possible will set up an appointment with a medical specialist. They’ll examine your elbow and talk with you to learn how you’ve been affected. Following your meeting, they’ll produce a report to explain your prognosis and this will form the basis of your compensation claim.
Can I Claim Elbow Injury Compensation if I Am Partly to Blame?
In some cases, an elbow injury claim might be settled on a contributory negligence basis. That is to say that both parties might agree that each other played a part in the accident.
For instance, if your solicitor agreed with the defendant that you were 25% to blame for your injuries, then the claim would proceed as normal but any settlement would be reduced accordingly.
What Should I Consider Before Accepting a Settlement Offer?
If your claim is made against an insurance provider, as is normally the case, the insurer may try to offer an early settlement offer to try and persuade you to finalise the claim. However, it’s important to think about whether any compensation offered covers all of your suffering both now and in the future.
Start an Elbow Injury Compensation Claim Today
If you’ve injured your elbow in an accident that was not your fault, speak to us on 0800 652 1345 to find out if you could receive a compensation payout. There’s no obligation to make a claim but we’ll provide free advice and answer any questions you may have.
If your claim is suitable and accepted by one of our solicitors, you’ll benefit from their No Win, No Fee service. As a result, you will only have to pay legal fees if the claim is successful.
You can also use our free live chat service if you need to know anything more about elbow injury claims or arrange your free consultation here.
