Arm injury compensation claims
The following guide takes you through everything you need to know about making a successful arm injury compensation claim.
Quick answers
What are the statistics?
40% of musculoskeletal conditions sustained at work affect the arms, according to 2015 statistics from the Health and Safety Executive (HSE). Arm injuries arise in occupations as diverse as builders, nurses and office workers.
Many more arm injuries are sustained outside of work, with two fifths of cyclists injured on Britain's roads sustaining an arm injury, according to the Royal Society for the prevention of Accidents.
The impact of arm injuries
Arm injuries (those affecting the upper arm, forearm, elbow and wrist) can cause serious disruption to a person's life and ability to work.
The courts recognise that any arm injuries, from breaks to the humerus, radius, ulna and wrist bones, to muscle pain, burns and hard-arm vibration syndrome, can result in lasting pain and financial hardship.
Do I have an arm injury claim?
A claim should be possible if:
- the arm injury occurred in the last three years (longer if children were involved) and
- someone else was to blame
- your injury occurred as a result of another party's negligence.
In most cases of arm fractures, establishing the cause of the accident is straightforward.
Proving a link between the defendant's breach and an arm injury in cases of RSI or hand-arm vibration for example, can be more complex. Your solicitor will be able to advise further on this point.
Even if you are eligible, however, some solicitors may not take on your claim for other reasons.
Find out if you have a claim with our claim checker.
How much arm injury compensation can I claim?
Compensation is calculated based on:
- How long your injury will last
- How serious your symptoms are, and,
- Any other financial losses you have suffered, including lost wages and medical costs
In legal terms, your whiplash compensation is broken down into two categories:
General Damages
General damages are awarded for “pain, suffering and loss of amenity”. This means the general damages you get will be calculated based on the seriousness of your arm injury, and the specific impact that it has had on your life.
Special Damages
Special damages vary depending on individual circumstances, and could include lost wages, the cost of care and physiotherapy, any financial losses or expenses incurred. Special damages are calculated with reference to the Judicial College Guidelines.
"What can I claim for in a personal injury claim?"
Excerpted from the Judicial College table of awards for arm injuries:
| Injury Type | Compensation Amount |
|---|---|
| Forearm fracture (radius and/or ulna) | £5,000 to £14,600 |
| Serious, permanent arm injury | £29,800 to £45,500 |
| Severe arm injury, including amputation below the elbow | £73,100 to £83,325 |
| Severe arm injury, including amputation above the elbow | £83,325 to £99,500 |
Please note that these arm injury compensation amounts for general damages are a guide only.
Our Personal Injury Compensation Calculator considers both general and special damages
How compensation can help
Personal injury law is founded on the principle that compensation should aim to return a person to the position they would have been in if the cause of the injury had never happened.
It is recognised by the courts that an arm injury can have life-changing consequences. Injuries affecting both the upper or lower arm can make it difficult to work, making compensation for loss of past and future earnings particularly helpful.
Compensation may be awarded for:
- pain, suffering and loss of amenity
- lost earnings
- future loss of earnings
- the cost of medical treatment and future care
- any costs and losses associated with the injury
Read more: What can I claim for in a personal injury claim?
Read more: Can I get interim compensation payments?
How long will an arm injury compensation claim take?
Many personal injury claims prove to be straightforward and 95% don't go to court.
More complex or severe cases usually take longer to settle. Certain factors will extend the compensation claim, particularly where the defendant accepts no liability, or only partial liability.
Read more: How long will my personal injury compensation claim take?
Read more: What can I do to speed up my personal injury claim?
Read more: Can I claim if I was partly responsible for an accident?
What are the chances of my claim being successful?
In order to make a claim successfully for an accident or illness, it must be proved that another person or body was responsible for the injuries you sustained.
Assuming that your solicitor is able to demonstrate that the other party was to blame and that your injuries are a result of their negligence, then it is highly likely that your claim will be successful.
If the Defendant does not accept responsibility for the accident then the predicting the outcome of the claim can be more complex.
Read more: How likely am I to win an injury compensation claim?
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim arm injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming arm injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
No win, no fee arm claims - the facts
Legal Aid is no longer an option for personal injury claims.
Unless you are self-funding, claims solicitors now work on a No Win, No Fee basis.
No Win No Fee is an agreement (technically known as a 'Conditional Fee Agreement' or 'CFA') which is entered into between the injured person and the solicitor.
No Win No Fee means that if your arm injury claim is not successful then you would not have to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to the solicitor.
Read more about how a No Win, No Fee CFA works
Read more: Why do most injury solicitors charge 25% success fees?
How we can help
Quittance is a panel of personal injury solicitors with excellent track record of winning claims.
If you have suffered an arm injury that was not your fault, we will fight for the best possible compensation settlement.
We have assisted claimants receive compensation for:
- lifting injuries, including those resulting from inadequate training
- broken bones and sprains resulting from falls, slips or trips
- carpal tunnel, RSI and other conditions affecting the arm
- sports injuries
- cycling and other road traffic accidents
How to start an arm injury claim
Starting a claim is a straightforward process. A short, no obligation phone conversation with one of our expert road accident solicitors will let you know where you stand and answer any questions you may have.
If you decide that you would like to pursue a claim, the solicitor will send you an information pack. The pack will contain everything you need to know including details of how no win no fee works.
To speak to us about your claim, without obligation, call 0800 612 7456.
Meet our team
Quittance's national network of solicitors help injured people with all types of personal injury claims, including fast track, complex and serious injury claims. Our solicitors are selected on the basis of their level of experience and track record.
Click here to meet more of the team.
