Arm Injury Compensation Claims

A Guide to Claiming Arm Injury Compensation

If your life, or the life of a loved one, has been affected by an arm injury we can help.

The purpose of this guide is to help anyone who has suffered an arm injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

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?

As a basic rule, you will be eligible to make an arm injury claim if you were injured:

• within the last three years, and;
• another person was to blame, and;
• that person owed you a duty of care.

Find out if you have a claim with our Online Claim Checker:

Are there any exceptions?

However, there may be other considerations that mean you have a valid claim - even if the above points do not apply to you.

To confirm whether you are eligible to claim speak to one of our experts on 0800 612 7456.

A short call will tell you exactly where you stand. We will not put you under any pressure to pursue a claim.

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an arm injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I was diagnosed months after the arm injury?

Depending on how your arm injury happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.

How much compensation can I claim for an arm injury?

The amount of money you could claim for your arm injury will depend on:

• the extent of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your arm injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an arm injury? (see list)

Examples of special damages (losses you can claim for) include:

• Lost earnings (including future earnings)
• Medical treatment costs
• Physiotherapy
• Travel costs
• Costs of care
• Costs of adapting your home or car

Arm injury compensation amounts

The following arm injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious arm injury can be £45,000

For a less severe ankle injury, in isolation, you would typically receive £8,000.

However, if you have a serious arm injury and a less severe ankle injury, you would typically receive £45,000 + a reduced percentage of £8,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries.

What is the average injury compensation for an arm injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an arm injury will depend entirely on your specific circumstances.

Your arm injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following an arm injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Arm injury compensation calculator

Calculating how much compensation you can claim for an arm injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your arm injury claim could be worth now:

Will I still be able to claim for an arm injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your arm injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

• Financial support: interim payments while you are unable to work.
• Advice: on personal injury trusts, tax and welfare benefits.
• Coordination: with rehabilitation providers and therapists.
• Access: to treatment and therapies not always available on the NHS.

Will I get advice on treatment options?

As part of the arm injury claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc

How compensation can help you

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?

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.

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.

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?

How we have helped others

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 did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

Road
accidents

Work
accidents

Medical
negligence

Public
places

See all
accidents

No win, no fee, no risk

Under a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make an arm injury claim without having to pay upfront legal fees. If your arm injury claim is unsuccessful you won't have to pay any money to your solicitor.

What do I pay if I win my arm injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my arm injury claim?

If your arm injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. arm injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.

Read more about making a No win, no fee claim

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

• FREE
  consultation
• Find out
  if you can claim
• No obligation
  to start a claim

Arm injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make an arm injury claim?

In general, you have a time limit of up to 3 years from the date of the arm injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your arm injury claim becomes 'statute barred'.

Can I claim for an arm injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim arm injury compensation.

In reality, there are a number of factors that can affect whether an arm injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert