Elbow Injury Compensation Claims
If you have been affected by an elbow injury we can help.
The purpose of this guide is to help anyone who has suffered an elbow injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
elbow injury compensation:
Many elbow injuries are sustained as a result of accidents, such as car accidents, slips or falls. However, the most frequent type of elbow injury develops over time, due to repetitive strain on the muscles and tendons of the elbow area. The majority of repetitive strain elbow injuries occur in the workplace. If you have sustained an elbow injury through no fault of your own, you may be entitled to make an elbow injury claim.
Typical elbow injuriesThe elbow is one of the more complicated joints in the body. Common injuries include:
Repetitive Strain Injury (RSI)This type of injury usually occurs as a result of overuse of the elbow joint. The ligaments of the elbow become inflamed and extremely painful to move. In the workplace, this type of injury is often referred to as a repetitive strain injury (RSI). Over time, the pain associated with this condition can make it increasingly difficult to carry out routine personal and work-related tasks. Treatments range from anti-inflammatories and pain medication, to wearing a supportive elbow brace.
Fractures and breaksFractured or broken elbow bones can cause damage to the ulnar collateral ligament (UCL). Severe ulnar collateral ligament injury, or tearing, may require surgery to repair and can take over a year to completely heal.
BursitisThis type of injury can arise if the elbow sustains a severe blow. Symptoms are extreme pain, swelling and tenderness in the affected area. A fluid-filled sac (a "bursa") forms under the skin to protect the damaged area. In severe cases, the bursa may need to be drained by a medical professional.
Strains and tearsA strain is an injury to a muscle, tendon or ligament caused by over stretching. If the over stretching is severe, tears in the affected tissue may result. Surgical repair is often recommended for torn muscles, tendons or ligaments. Surgery of this type may need extended recovery time off work. Elbow injury claims make it possible to recover compensation for elbow injuries caused by the negligence of another party.
Do I have an elbow injury claim?
You should be able to make an elbow injury claim if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
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 elbow injury claim on their own behalf.
What if I want to make a multi-party or group claim?
A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your elbow injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
The amount of money you could claim for your elbow 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 elbow 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 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an elbow injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Elbow injury compensation amounts
The following elbow injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Elbow injury||Less serious||No significant long-term problems||Up to £10,040|
|Elbow injury||Moderate||Some long-term problems||£12,480 to £25,510|
|Elbow injury||Serious||Severe and disabling injury||£31,220 to £43,710|
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.
General damages for a serious elbow injury can be £30,000
For a less severe wrist injury, in isolation, you would typically receive £3,100.
However, if you have a serious elbow injury and a less severe wrist injury, you would typically receive £30,000 + a reduced percentage of £3,100.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for an elbow 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 elbow injury will depend entirely on your specific circumstances.
Your elbow injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I claim for prescription costs?
Special damages are awarded for costs or losses incurred as a result of the elbow injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.
Calculate my elbow injury compensation
Calculating how much compensation you can claim for an elbow 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 elbow injury claim could be worth now:
How long does an elbow injury claim take?
The length of time needed to get compensation for an elbow injury can vary considerably.
For example, a straightforward liability accepted injury claim could be settled in a couple of months. However, if liability is denied the process might take longer. Typically, an injury claim takes between 4 and 9 months. See more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your elbow 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.
How do I make an elbow injury claim?
To make a successful compensation claim, it will be necessary to prove that:
- The injury was caused by a third party's lack of due care
- The injury was caused by the accident that resulted from the other party's negligence
Your lawyer will arrange for an independent medical report of your elbow injury. This medical report is vital. It will provide evidence of the nature and severity of your injury, and expert medical opinion on likely future effects of the injury.
Evidence will also need to be gathered which proves the third party's liability for the cause of your elbow injury. Your lawyer will assist you in gathering the necessary police reports, CCTV footage, or workplace evidence, to support your claim.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
How does no win, no fee work?
Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .
No win, no fee guarantee
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of claiming compensation for your elbow injury. Read more about making a No win, no fee claim
What do I pay if I win my elbow 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 elbow injury claim?
If your elbow 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.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and 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 376 1001 or arrange a callback:
if you can claim
to start a claim
Elbow 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.
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.
How long do I have to make an elbow injury claim?
In general, you have a time limit of up to 3 years from the date of the elbow injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your elbow injury claim becomes 'statute barred'.
Can I claim for an elbow 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 376 1001 to find out if you are still able to claim elbow injury compensation.
In reality, there are a number of factors that can affect whether an elbow injury claim will be taken on by a solicitor.
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.
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.
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.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.