Tennis Elbow Injury Compensation Claims
If you have been affected by tennis elbow we can help.
The purpose of this guide is to help anyone who has suffered tennis elbow 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
tennis elbow injury compensation:
Tennis elbow is a type of tendonitis characterised by an inflammation of the tendons on the outer part of the elbow. The condition can cause significant pain and discomfort.
Many elbow injury compensation claims are work-related. Using the arms to repeat the same task over and over, for example, typing, can stress the tendons and cause a repetitive strain injury. Tendons can also be damaged through strenuous overuse of the elbow, for example, if the elbow is overloaded or twisted during lifting and carrying activities.
Anyone who has developed tennis elbow within the last three years through no fault of their own may be eligible to make a work-related claim for injury compensation. If the tennis elbow has developed as a result of poor working conditions, then the claim would be made against your employer.
What is tennis elbow?
The arm consists of three bones known as the humerus, ulna and radius. These bones meet at the elbow joint. Bicep and tricep muscles permit these bones to bend and straighten and are attached to the bones by ligaments. Tennis elbow occurs when the ligaments on the outside of the elbow become inflamed.
Inflammation of the tendons can lead to a variety of symptoms that make using the elbow more difficult. According to the NHS, common symptoms described by people affected by tennis elbow include:
- Tenderness on the outside of the elbow
- Pain in the forearm and in the back of the hand
- Pain and stiffness when bending or extending the arm
- Pain when making a pincer movement with the fingers, for example, when holding a pen
- Difficulty twisting the forearm, for example, opening a jar.
The majority of people diagnosed with tennis elbow will make a full recovery within one year. Occasionally, an episode of tennis elbow can last for two years or more and cause significant physical discomfort.
Who is at risk of getting tennis elbow?
Various factors have the potential to cause tennis elbow. These include repetitive work, excessive or sustained force, uncomfortable working postures, and carrying out tasks for long periods without rest breaks.
Office workers are the most likely to be affected by tennis elbow due to their repetitive use of computer keyboards.
Workers in the construction, manufacturing and healthcare sectors also have high incidences of tennis elbow according to the Health and Safety Executive.
Do I have a tennis elbow injury claim?
As a basic rule, you can make a tennis elbow injury claim if your injury occurred:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - 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 a tennis elbow injury claim on their own behalf.
Can I make a tennis elbow injury claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on a tennis elbow injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
The amount of money you could claim for your tennis 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 tennis 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 a tennis 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
Tennis elbow injury compensation amounts
The following tennis 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|
What is the average injury compensation for a tennis 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 a tennis elbow injury will depend entirely on your specific circumstances.
Your tennis elbow 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.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a tennis elbow 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?
Tennis elbow injury compensation
Calculating how much compensation you can claim for a tennis 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 tennis elbow injury claim could be worth now:
How long does a tennis elbow claim take?
How long it can take to secure compensation for tennis elbow can vary significantly.
A straightforward liability accepted injury claim might be concluded in a few weeks. If liability is denied, however, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. To read more about how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your tennis 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.
Will I get advice on treatment options?
As part of the tennis elbow 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 did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a tennis elbow injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a tennis elbow injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my tennis elbow injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my tennis elbow injury claim?
If your tennis elbow injury claim is not successful then you won't have to pay your solicitor any fees. 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. tennis elbow injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
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:
if you can claim
to start a claim
Tennis 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 a tennis elbow injury claim?
In general, you have a time limit of up to 3 years from the date of the tennis 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 tennis elbow injury claim becomes 'statute barred'.
Can I claim for a tennis 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 612 7456 to find out if you are still able to claim tennis elbow injury compensation.
In reality, there are a number of factors that can affect whether a tennis 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.