Elbow Injury Compensation Amounts

If you have suffered an elbow injury that caused you pain, suffering, or debilitating long-term problems that have affected your quality of life, you may be entitled to claim compensation. The expert solicitors at JMW can help you work out how much you might be owed, as well as offer advice on how to take your claim forward.

The figures above are generated by JMW’s Compensation Calculator, based on the Judicial College Injury Table. They provide a rough guide of how much you might be able to claim for your elbow injury and could help you decide whether to pursue your legal case.

For a more precise calculation of how much you could be able to claim, based on the specific details of your case, you will need to speak to an expert solicitor who can provide an estimate after assessing your injury and personal circumstances, including any financial losses you may have suffered.

To find out more or to begin your compensation claims, call JMW on 0345 872 6666, or fill in our online enquiry form to request a callback. You can find out more about our personal injury claim services here.

How much compensation can I claim for an elbow injury claim?

Sustaining an elbow injury can have a severe impact on your mobility and ability to perform basic daily activities. Aside from the physical pain and suffering, such an injury can result in significant financial expenses. You may require medical procedures, physical therapy, or additional support during your recovery from common elbow injuries.

If your injury was caused by another party's negligence, you have the right to claim elbow injury compensation for the losses you have incurred. 

Calculating a suitable compensation award for general damages can be challenging since they involve subjective losses that are difficult to quantify. However, solicitors often refer to guidelines provided by the Judicial College. According to these guidelines, you may be entitled to:

• Up to £11,820 for minor to moderate injuries, such as deep cuts, simple fractures, or tennis elbow, which do not restrict movement for more than a few months and have no significant long-term effects.
• £14,690 to £30,050 for moderately severe elbow injuries that cause restricted movement and some long-term problems but do not require surgery or result in disability.
• £36,770 to £51,460 for very severe injuries requiring surgery or resulting in the total restriction of elbow movement, leading to severe and disabling long-term problems.
• £90,250 to £102,890 for amputation of one arm below the elbow.

To determine the appropriate compensation amount, your solicitor will consider how your elbow injury has affected your life.

What can affect the value of a compensation claim?

The specific amount you can claim will depend on the severity of your injury and the financial losses you have experienced. Typically, a compensation award will cover:

Special damages, which include financial losses and expenses such as:

• Short-term medical expenses like medication, tests, or hospital stays
• Long-term medical expenses for treatments like physical therapy
• Modifications to your home or vehicle to accommodate your disability
• Mobility aids and prostheses
• Costs of care and assistance
• Transportation expenses
• Loss of income and earning capacity
• Any other relevant financial expenses

General damages:

• Physical pain and suffering
• Psychological trauma
• Scarring and disfigurement
• Inability to pursue hobbies
• Reduced quality of life
• Loss of prospects and enjoyment of life
• Physical impairment

Elbow injuries are inevitably painful and inconvenient, but because this joint plays such a key role in the mobility of the arm, damage to the elbow can also make life, in general, more difficult, uncomfortable, and painful for those affected.

For some people, an elbow injury means not being able to move the affected arm for a prolonged period of time, having a serious impact on their ability to work and participate in other parts of their life. This can result in significant financial costs, whether this is through a loss of income or money spent on medical treatments and rehabilitation.

In the most serious cases, a severe elbow injury can lead to life-changing issues, meaning the claimant may require lifelong support or permanent alterations to their lifestyle in order to cope.

As such, every elbow injury claim is different, with compensation calculated based on the severity and circumstances surrounding the injury and the injured person’s financial losses resulting from the accident. To find out how much this one broken elbow compensation could be worth in total, speak to JMW Solicitors today.

What should I do next?

If you have sustained an injury to your elbow that was not your fault and would like to make a compensation claim, you will need to take proactive steps to ensure your claim can be progressed as smoothly as possible.

After obtaining an initial estimate from our Compensation Calculator, you should make contact with a specialist personal injury solicitor as soon as possible. 

Once you have decided to make a claim, your solicitor can contact those responsible for your injury and start gathering evidence to create the strongest possible case for you, based on their expert knowledge of the law. The aim will always be to secure the best available settlement with a minimum of stress for you.

How can I make an elbow injury compensation claim?

If you or a loved one has experienced an elbow injury through no fault of your own, you may be eligible to make an elbow injury claim. The first step you should take if you believe you have a valid case for claiming elbow injury compensation is to seek legal advice.

A brief consultation with one of our personal injury solicitors will help us determine who is responsible for your accident. Once liability is established, you can begin gathering evidence to support your claim. Your solicitor will assist you in collecting everything necessary to build a robust case, such as:

• Medical records of your injury, including x-rays and medical notes detailing the severity of your injury and the treatments you received.
• An independent specialist's medical report on any long-term treatments and effects of your injury.
• Relevant photographs of the accident site, showing the precise cause of your injury.
• Video footage of the accident. If any CCTV or dashcam footage exists, obtain a copy before it is deleted.
• Contact and insurance details of any drivers involved if your injury resulted from a road traffic accident.
• Contact information for any witnesses to the accident. A witness statement could make a difference in your elbow injury claim if the defendant denies liability.
• Accident reports related to the event in which you were injured. Most workplaces and privately-owned businesses must maintain an accident logbook. Ensure you report your injury to the responsible party and request a signed copy of the report.
• Your personal notes on the events and related expenses. Keep a record of all costs incurred due to your injury, and take notes on how the injury impacted your daily life.

After gathering the relevant evidence, your solicitor will send a claim notification form to the other party, who will have up to four months to respond to your allegations of negligence.

If the other party admits liability, you can begin negotiating a compensation settlement. The elbow injury compensation you may receive will depend on the severity of your injury and the financial losses you incurred. Your solicitor will always strive to secure the highest possible amount.

If the other party denies liability or you cannot agree on a settlement, your solicitor will need to initiate court proceedings, but negotiations will continue until the trial date. Over 95% of personal injury claims are settled out of court, so it is unlikely that you will need to present your case before a judge.

How Much Time Do I Have to File a Claim for an Elbow Injury?

Generally, if you have suffered an elbow injury in an accident that was not your fault, you have a three-year period to initiate a claim for compensation. This three-year countdown usually begins from the day of the accident.

The final date by which you can bring a claim is referred to as the claim limitation date. After this date, your case becomes statute-barred, and you will no longer be able to pursue compensation for your broken elbow injury claim. However, under section 33 of the Limitation Act 1980, the time limit can be extended in certain circumstances based on:

• The length of the delay and the reasons for it
• The conduct of the party at fault
• The impact on the strength of evidence

Some injuries may develop over time or become apparent only after some time has passed since the accident. In such cases, the three-year countdown starts from the date of knowledge of the injury. This refers to the moment you received a diagnosis and became aware that your injury is significant enough to take legal action.

It is important to note that the three-year limitation period does not apply to severe elbow injury leading to all elbow injury claims. For example:

If the victim is a child, a parent or another litigation friend can make a claim on their behalf at any time, regardless of the date of the accident. The three-year countdown begins once the child turns 18 and is capable of initiating legal proceedings independently.

Under the Mental Capacity Act 2005, individuals who are incapacitated due to a permanent disability are not subject to a claim limitation date. A litigation friend can make an elbow injury claim on their behalf at any point.

If you have suffered an elbow injury due to a criminal assault, you have two years to claim compensation through the Criminal Injuries Compensation Authority (CICA).

Even if you were injured in an accident that occurred abroad, you should still be able to make an elbow injury claim. However, the limitation date varies significantly between countries and could be as short as six month.

It is advisable to seek legal advice as soon as possible after sustaining an injury. Generally, the earlier you initiate a claim, the easier it will be to gather evidence and secure the compensation you deserve. Additionally, most solicitors are unlikely to accept a case when there are only a few months left before the limitation date expires.

How can compensation help?

Claiming for elbow injury compensation can make it easier for you to cover any costs associated with your injury, allowing you to focus on your recovery. It can also help to ensure that those responsible are held properly accountable.

An elbow injury compensation award can pay for the following:

• Medical treatment
• Physiotherapy and rehabilitation
• Transport costs
• Loss of earnings

Case Study

JMW has significant expertise in helping people with elbow injuries to claim the compensation they deserve.

To find out more about how we can support you, read our case study, which shows how our solicitors secured £1,100 in compensation for a young woman whose surgery was delayed after doctors failed to spot a fracture in her elbow.

Talk to Us

Find out how much compensation you could be entitled to for your elbow injury claim by getting in touch with the expert personal injury solicitors at JMW today. We will talk through elbow injury compensation amounts, and your options and help you start your claim, with the aim of securing the maximum amount of compensation available to you.

Call us on 0345 872 6666, or complete our online enquiry form to request a call back.

Types of Elbow Injury

The elbow joint is a ‘hinge’ joint, held together by ligaments, muscles and tendons, that connects the three bones in the arm:

• The radius, one of the two large bones in the forearm
• The ulna, the second of the two bones in the forearm, on the same side of the arm as the little finger
• The humerus, the long bone in the upper arm

Due to the importance of the elbow, damage to any of the bones or soft tissue surrounding the joint can have a significant impact on the entire arm.

For more information on some of the most common and serious types of elbow injury, read below. If you have been affected by any of the following due to someone else’s negligence, speak to our lawyers today to make an elbow injury claim.

Sprains and strains

A sprain occurs when the fibres in a ligament stretch or tear, while a strain involves the overstretching or tearing of a muscle or tendon.

Some sprains and strains happen suddenly, during a fall or from twisting the arm awkwardly. Others result from overusing the elbow, which irritates the soft tissues. Symptoms include pain, tenderness, weakness, or swelling, and you may struggle to bend or extend the elbow.

Amputations

Elbow-level amputations can be caused by severe trauma, such as a car or machinery accident at work. Alternatively, surgical intervention might be necessary to preserve the rest of the limb due to a severe infection or damage to blood vessels or nerves.

Repetitive strain injuries (RSI)

Repetitive strain injuries stem from overuse and repetitive movements, often affecting elbows due to constant bending and extending of the arms during various sports or work activities.

Initially, symptoms may occur only while performing a specific task but could become constant over time. These include pain, tenderness, stiffness, weakness, numbness, or tingling. Some common forms of RSI include:

Bursitis

Bursae are small fluid-filled sacs that act as a cushion and gliding surface between the skin and bones of the elbow joint. Repeating the same motion continuously can cause them to swell, resulting in pain, tenderness, and limited movement. Bursitis is often treated with pain medication and should improve within a few weeks of rest.

Tennis elbow

Although commonly associated with tennis, tennis elbow can be caused by any activity that places repetitive strain on the elbow. This may lead to inflammation of the tendons on the outside of the elbow, resulting in sharp pain and difficulty moving the arm.

Golfer's elbow

Similar to tennis elbow, golfer's elbow affects the tendons on the inside of the elbow. It is often triggered by repetitive use of the wrist, which irritates the tendons near the elbow. It causes sharp pain that may spread into the forearm and wrist, as well as stiffness, tenderness, and numbness or tingling.

Ulnar collateral ligament (UCL) damage

The ulnar collateral ligament (UCL) consists of three portions - the transverse, anterior oblique and posterior oblique - and connects the humerus to the ulna. Damage to the UCL usually comes in the form of a sprain, but more severe cases can see the ligament ruptured completely.

This condition is usually caused by a repetitive strain injury and stress, but can sometimes occur in a single movement. Again, a frequent cause is repetitive movement, often affecting those working in manual jobs.

In less severe cases, rest, ice, compression and elevation (RICE) treatment is required for a number of weeks to reduce pain and swelling. However, in more extreme cases, surgery can be required, leaving the sufferer with difficult pain for a prolonged period of time.

What are the Most Common Causes of Elbow Injuries?

Any forceful trauma to the elbow may result in an elbow injury. Additionally, some conditions, such as tennis elbow, can develop over time due to overuse and repetitive movements. The most common causes of various elbow fractures and injuries include:

Slips, trips, and falls

One of the most prevalent causes of an elbow injury is attempting to break a fall. If you try to brace a fall with an outstretched arm and open hand, you might land on your elbow. This could lead to a sprain or a strain in the elbow joint. A forceful impact or broken elbow injury from falling from a height could even result in an elbow fracture.

Slips, trips, and falls can often be avoided and usually occur due to others' negligence. Most accidents happen because of uneven floors or pavements, wet or slippery surfaces, or unexpected obstacles in walkways.

Local councils and business owners have a duty to take all reasonable measures to prevent workplace accidents. Otherwise, they might be liable for elbow injury compensation.

Workplace accidents

Regardless of your job, your employer has a legal duty to take all reasonable measures to protect your health and safety at work. According to the Health and Safety at Work etc. Act 1974, they should:

• Conduct regular risk assessments
• Identify hazards that may cause an accident
• Remove the risk or apply control measures to minimise it

If your employer breaches their duty towards you and you have an accident, you might be entitled to make an elbow injury claim. Elbow and arm injuries at work range from minor sprains and strains to severe fractures and amputations. Manual handling and vibrating machinery can also cause repetitive strain injuries such as bursitis or tendonitis.

Road traffic accidents

The force of impact from a car accident can cause your elbow to twist or bend awkwardly. This could overstretch the muscles and ligaments in the joint, leading to a sprain or a strain. More severe trauma could also result in a dislocation or elbow fracture.

Bicycle accidents can have serious consequences for cyclists. Besides a helmet, they lack substantial protection if involved in an accident. Elbows are particularly prone to road rash, but forceful impact could also lead to severe fractures and soft tissue injuries.

Sports accidents

Elbow injuries in sports involve both acute trauma and overuse complications. Nearly any sporting activity carries the risk of an elbow injury. Direct blows to broken elbow or landing on the elbow after a fall could cause soft tissue injuries or even fractures.

Overuse and improper use of the elbow can lead to micro-traumas in the elbow joint. Over time, these minor injuries accumulate and can cause severe pain and disability. Two common types of tendonitis are the tennis elbow injury and golfer's elbow. Repetitive lifting or acute injury can also result in tendon ruptures.

Violent attacks

A criminal assault can be incredibly traumatic and distressing. You will likely use your hands to defend yourself or protect your head and face. This can result in an elbow injury, especially if the attacker uses a weapon. Victims of assault could claim compensation through the CICA.

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