Claim compensation for a broken elbow
If you've sustained an elbow fracture in an accident that wasn't your fault, contact us today to find out how much your broken elbow compensation claim could be worth.
How Much Could You Claim?

Broken Elbow Compensation Claims

Sustaining a broken elbow injury is painful and distressing and may affect your ability to work and engage in daily activities for at least three to four months. In some cases, recovery can take longer than a year, and you may suffer long-term complications that affect your quality of life.

If you were injured due to someone else’s negligence, you can help recover your losses by making a broken elbow claim. Personal injury solicitors have extensive experience dealing with claims that arise from various accidents. These include road traffic accidents, sports injuries, accidents at work, falls from heights, slips and trips in public places and criminal assaults.

To find out if you are eligible for broken elbow compensation, call 0800 032 3660 today or enter your details into our online claim form to request a call back. The solicitors we work in partnership with provide a risk-free, no win no fee service*. This enables you to start your claim without any upfront costs. You only pay a success fee if your solicitor wins your claim. Otherwise, you won’t pay a penny.

Types elbow fractures

The elbow is a hinge joint that connects the upper arm to the forearm. It is made up of three bones: the humerus, ulna and radius, connected by tendons, ligaments and other tissues that work together to allow the arm to bend, extend and rotate. The elbow joint is crucial for various activities, such as lifting, carrying, pushing, and pulling.

A broken elbow can involve a fracture in any of the bones of the joint. Based on their location, there are three main types of elbow fractures:

  • Distal humerus fractures. These refer to a break in the lower end of the humerus and can involve different components of the bone. They are not very common and can be due to falling onto a bent elbow or severe trauma.
  • Olecranon fractures. The olecranon is the pointy tip of the elbow and is crucial for the stability and functioning of the joint. It is part of the ulna and is particularly vulnerable to fractures due to not being covered by muscles. Breaks in this bone can be caused by falling on an outstretched arm or direct blows.
  • Radial head fractures. These refer to a break in the head of the radius bone that connects with the humerus at the elbow. Radius fractures can occur from falls, direct impacts or sudden twisting of the forearm.

Common symptoms of a broken elbow

The signs and symptoms of an elbow fracture can vary depending on the location and severity of the injury, but they typically include:

  • Sudden or delayed onset of severe pain
  • Swelling around the elbow joint
  • Visible deformity
  • Stiffness and difficulty moving the elbow
  • Numbness or weakness in the hand and fingers
  • Tenderness to the touch
  • Tingling or decreased sensation due to nerve damage
  • A feeling of instability or looseness in the joint
  • Bruising, redness or discolouration of the elbow

If you suspect an elbow fracture, you should seek immediate medical care by visiting your local hospital. Your healthcare provider will perform a physical exam and imaging tests such as X-rays and CT scans to determine the extent of the damage. The amount of compensation you could be entitled to claim for a broken elbow will depend on the type of fracture you suffered and its severity.

Treatments, complications and long-term effects of a fractured elbow

Treatment will depend on the type and severity of your elbow injury and may involve:

  • Medication to manage pain and inflammation during the healing process;
  • Using a splint, sling or cast to hold the elbow in one place and promote healing;
  • Draining the joint if it is filled with blood or other fluid to relieve pain and pressure;
  • Manually resetting the bones in their proper position if you have a displaced fracture;
  • In case of an open or multiple fracture, you may need surgery to reconstruct the elbow using pins, screws and plates;
  • Your doctor may also recommend physical therapy to improve range of motion, strength and flexibility after the initial healing process.

A broken elbow may cause certain complications and long-term issues, such as:

  • Infection, if you have an open fracture;
  • Stiffness is a common long-term effect, particularly in adults;
  • Reduced range of motion;
  • Abnormal bone growth or misalignment;
  • Arthritis, which makes the joint painful and stiff;
  • Temporary or permanent nerve damage;
  • Joint instability;
  • Chronic pain or discomfort, especially during some activities.

If you have suffered any long-term issues that affect the quality of your life, these will be included in your fractured elbow compensation amount.

Am I eligible to make a broken elbow compensation claim?

If you broke your elbow in an accident that was not your fault, you may be able to make a personal injury claim. The easiest way to find out if you are entitled to elbow injury compensation is through a free consultation with an experienced solicitor. Before taking on your case, they will verify whether:

  • Another part owed you a duty of care
  • They breached this duty by acting negligently
  • You suffered a broken elbow as a result
  • The accident happened within the last three years

If these apply to your case, your solicitor will help you gather the necessary evidence to support your claim. They will also prove negligence by referring to the appropriate legislation, which could be the Road Traffic Act 1988 if you were involved in a car accident or the Occupiers Liability Act 1984 if you slipped or tripped in a public place.

What evidence do I need to support my elbow injury claim?

Your solicitor will need various types of evidence to claim compensation for a broken elbow. This should clearly show how the accident occurred and how it has affected your life and could include:

  • Photographs or other visual evidence of the accident scene, such as videos or CCTV footage, if available;
  • Pictures of visible injuries, such as deformity and discolouration and of the recovery process;
  • Statements from witnesses who saw your accident and can relate how the events occurred;
  • Medical records and X-rays that show what type of fracture you suffered and its severity;
  • A medical report from an independent specialist about the long-term effects of your injury;
  • A copy of an accident report that you should file with the responsible party to prove the date, time and location of your injury;
  • Your notes and details about how the accident happened and how it has affected your life;
  • You will also need a diary of expenses to claim for the financial losses resulting from your broken elbow.

Your solicitor will review the evidence you’ve already secured and help you gather anything else you need to make an elbow injury compensation claim.

Accidents that could lead to a broken elbow claim

A broken elbow compensation claim could result from various accidents and situations, such as:

  • Slips, trips and falls. You may fall on your elbow and break it due to slipping on a wet surface, uneven floors, inadequate lighting or tripping over obstacles left in walkways.
  • Road traffic accidents. Road accidents are a common cause of elbow fractures, especially in vulnerable road users such as pedestrians, cyclists and motorbike riders.
  • Accidents at work. Workplace accidents, such as falls from heights, being struck by falling objects, or machinery accidents, can result in broken elbows.
  • Sports injuries. Almost all sports carry a risk of injury, including a fractured elbow. Most of these injuries are nobody’s fault, but you could claim compensation if you suffered an injury due to bad advice from a coach, unsafe ground conditions or inadequate equipment.
  • Criminal injuries. Direct blows to the elbow or falls during physical altercations can result in fractures. Blameless victims of assault could claim compensation through the Criminal Injuries Compensation Authority (CICA).
  • Defective products. Faulty safety equipment and other defective items can contribute to accidents that may cause elbow injuries. In such cases, you could claim compensation under the Consumer Rights Act 2015.

As long as your injury was due to someone else’s negligence, you could be eligible to claim compensation for a broken elbow, even if your accident was not listed here.

Can I claim compensation for a broken elbow injury at work?

Employers have strict duties they must follow to keep employees safe from injuries in the workplace. Their responsibilities are stated by legislation such as the Health and Safety at Work Act 1974 and include:

  • Conduct regular risk assessments to identify hazards that could lead to elbow joint injuries;
  • Establish and implement safe systems of work to reduce or minimise risks;
  • Offer adequate training to employees on the safe use of equipment, tools, and machinery to prevent accidents;
  • Provide adequate personal protective equipment (PPE), such as elbow protection, for tasks that pose a risk of injuries;
  • Provide training on safe manual handling techniques to reduce the risk of musculoskeletal injuries;
  • Keep the workplace free of hazards that could lead to accidents, such as slips, trips, falls and collisions that could cause elbow fractures;
  • Ensure that all equipment and machinery are well-maintained and safe for use.

If you suffered a fractured elbow injury at work due to your employer’s negligence, it is your legal right to make a claim for compensation. Doing so should not affect your job, as your employer cannot sack you or discipline you in any way following your claim. If they did, a solicitor could help you take further action at an employment tribunal under unfair and constructive dismissal laws.

Frequently asked questions

If you want to know more about making a broken elbow injury claim, please refer to the section below. If you have any further questions, please call 0800 032 3660 or enter your details into our online claim form to request a call back. An experienced solicitor will be able to offer you a free case assessment with no obligation to proceed.

Can I make a claim for a fractured elbow on behalf of my child?

If your child suffered an elbow fracture due to someone else’s negligence, you may be able to make a compensation claim on their behalf. To do this, your solicitor will help you apply to the court to be named as their litigation friend. Before appointing you, the court will verify you are suitable for the role and that you can conduct legal proceedings fairly and competently.

You will have various responsibilities as their litigation friend, such as paying all fees requested by the court, signing legal documents and making decisions about the claim. If you secure broken elbow compensation for your child, you will have to attend an Infant Approval Hearing in court. A judge will examine the available evidence to determine whether the settlement awarded is fair and covers the child’s needs. Once compensation is awarded, it will usually be held in a bank account and released to the child on their 18th birthday.

How long do I have to make a broken elbow compensation claim?

Under the Limitation Act 1980, you have three years to start a claim for a broken elbow, starting from the date of your accident. For stress fractures that develop over time, the three years begin on the date your injury was diagnosed.

There are a handful of exceptions to the standard three year time limit, such as:

  • If a child is injured, the three years begin once they turn 18. Before that, a parent or another adult could claim on their behalf at any time, regardless of when they suffered an elbow injury.
  • If the claimant lacks mental capacity, the time limit is suspended, and a litigation friend could claim for them at any time.
  • If you or a loved one suffered a fractured elbow due to a criminal assault, you have two years to start a claim through the CICA.

How much compensation for a broken elbow could I receive?

The fractured elbow compensation award you could receive will depend on your particular circumstances. Your claim will cover two types of damages:

  • General damages are awarded for the subjective losses caused by the fracture, such as physical pain, mental anguish and loss of amenities. These are based on historical cases and the guidelines published by the Judicial College. According to our online calculator, your compensation award could be up to £12,590 for a simple elbow fracture that resolves within a year and up to £54,830 for a severely disabling fracture.
  • Special damages are awarded for the financial expenses incurred due to your injury, such as prescriptions, care costs, private treatments and lost wages. These are calculated based on evidence like receipts, invoices and payslips.

Can I make a personal injury claim on a No Win No Fee basis?

If you are eligible to make a broken elbow compensation claim, your solicitor will offer you a no win no fee service. That means you do not have to pay them anything upfront for legal representation. Under this agreement, your solicitor only gets a success fee of up to 25% of your settlement if they win your case. Otherwise, you do not pay them anything.

Your solicitor will also take out After the Event (ATE) on your behalf as part of the service, so you do not have to worry about the litigation costs. If you lose, the ATE will cover all your expenses and disbursements, such as court fees, medical reports and the defendant’s solicitors.

To find out if you can make a personal injury claim for a broken elbow on a no win no fee basis, call 0800 032 3660 today or request a call back using our online form.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.