We can help you make an elbow injury claim
If you sustained an elbow injury in an accident that wasn't your fault, we can help you make a no win no fee injury claim
How Much Could You Claim?

Elbow Injury Claims

The elbow is an essential joint in the body that we use in the majority of everyday tasks, almost in every professional activity and daily personal life. Besides being incredibly painful, an elbow injury can also have a significant impact on daily functionality and your ability to work.

These implications can have long-lasting effects and can result in financial difficulties, long-term pain and the necessity for ongoing treatment. If someone else was responsible for your injury, an experienced solicitor could help you make an elbow injury claim.

Common causes of elbow injuries include slips, trips and falls, accidents at work and road traffic accidents. The severity of injuries may range from sprains, strains and other soft tissue trauma to severe fractures and amputations.

If your accident was partially or entirely due to another party’s negligence, a solicitor might be able to help you claim elbow injury compensation. To find out if your case has merit, call 0800 032 3660 or request a call back. A friendly and experienced legal adviser will evaluate your claim free of charge and answer any questions you may have.

Common types of elbow injuries

The elbow is one of the body’s most regularly used joints, which means injuries to this area can have a devastating impact on your life. Elbow injuries are notoriously painful and can affect the ability to carry out daily activities, work, care for children and drive, disrupting a person’s independence and enjoyment of life.

Some common causes leading to an elbow injury claim include:

Fractured Elbow

Elbow injuries can be caused by many types of accidents, such as slips and trips, impact from falling objects, falls from a height, and even car accidents. Fractures are some of the most severe types of elbow injuries that may result in a compensation claim and can cause intense pain, inflammation, and loss of mobility.

Bone strength can also be significantly affected by an elbow fracture in the elderly or those with bone conditions. Without proper treatment, an elbow fracture can lead to weakened bones and long-term complaints.

If you have suffered an elbow fracture because of somebody else’s negligence or your injury was not adequately diagnosed or treated, you could be entitled to claim elbow injury compensation.

Bursitis

The bursae are fluid-filled sacs that work as a cushion and provide a smooth surface between the bones of the elbow joints. Bursitis is a condition that affects the elbow due to excessive fluid build-up, causing inflammation and swelling.

Most often suffered by adults who use the affected joint for work purposes, bursitis can be very painful and debilitating and take several weeks to heal. Some jobs that are commonly associated with elbow bursitis include cleaners, athletes, construction workers, factory workers and checkout assistants who repeatedly use a similar arm motion, causing stress to the elbow joint.

The condition can also be due to acute trauma to the elbow, which can occur if an object falls onto the joint, if a person is forcefully pushed into a hard surface, or following a trip, slip or fall. If another party was responsible for your accident, you could make an elbow injury claim.

UCL Injury

An injury to the ulnar collateral ligament (UCL) can affect the functionality and mobility of the elbow for a matter of days or more than a year, depending on severity. A UCL injury can be due to overuse or rapid and forceful motions of the elbow.

This is common in athletes who play sports that require throwing or overhead arm use but also in workers who carry out tasks that involve pushing, lifting and moving heavy loads. A complete UCL rupture is a severe injury that is extremely painful and would require ongoing treatment and time off work to make a successful recovery.

If it can be proven that your employer or another party is liable for your injury, you may be eligible to claim compensation.

Muscle injuries

The arm muscles are among the most commonly injured because they are used regularly and in many different ways. Muscle strains and tears can occur suddenly after a fall or another traumatic accident or may develop due to overuse and manual handling.

Injuries to the elbow’s muscles usually inhibit your ability to work and function and often require surgery and physical therapy to recover. Symptoms include pain, swelling and inability to move or extend the elbow.

Tennis Elbow

Another common injury is tennis elbow, which is medically referred to as lateral epicondylitis. Tennis elbow develops due to strenuous and excessive use of muscles and tendons in the forearm close to the elbow joint. Although commonly associated with tennis players, tennis elbow can be caused by any activity that puts repeated stress on the elbow joint.

The condition usually causes pain on the outside of the elbow, which develops gradually due to overuse and repeated actions and can become debilitating. If an early diagnosis is established, tennis elbow can be treated with rest and pain relief medicine. In contrast, a late diagnosis will likely lead to more severe symptoms and ongoing treatment.

Amputations

Machinery accidents and other types of severe and acute trauma may lead to devastating arm amputations at the elbow level. Other times, an amputation may be surgically performed to save the rest of the limb after a severe infection, a burn injury or other damage to the nerves and blood vessels.

Amputation injuries are devastating for the victim and their loved ones and may lead to severe psychological trauma. If someone else was responsible, you might be entitled to elbow injury compensation for your pain and suffering.

How an elbow injury can impact your life

Regardless of the severity of your elbow injury, your symptoms can have a much wider impact on your life. Your solicitor will seek to demonstrate how your trauma has caused you suffering and how it impacted different aspects of your life. When managing your elbow injury claim, they will aim to prove the negative impacts you suffered, such as:

  • Medical treatment needed and associated costs
  • The pain and discomfort that you suffered
  • Long-term complications of your injury, such as decreased range of motion, disability and chronic pain
  • The impact on your ability to drive, work and perform daily tasks
  • The emotional impact that this has had on you and your family
  • Your future outlook, with a particular focus on earning potential
  • Transportation costs, both for medical needs and overall if you are unable to drive as a result of the injury
  • Lost wages due to an inability to work during recovery

After considering all the ways in which your injury affected your life, your solicitor will calculate your elbow injury compensation. You can read more in the section below about how much you could receive if you make a successful claim.

How much compensation for an elbow injury?

The compensation that is awarded in a successful elbow injury claim will depend on the severity of your injury and the impact this has had on your life. Your settlement will be made up of two different types of damages, which are called special damages and general damages.

  • Special damages cover all the financial losses you incurred, such as diagnostic tests, medical interventions and lost wages;
  • General damages cover the pain, suffering and loss of amenity caused by the injury or injuries.

Your solicitor will be skilled in demonstrating how your elbow injury has caused you suffering, providing an overview of its impact on your daily life, and securing the highest compensation award on your behalf.

General damages involve personal losses that are not easy to calculate. The Judicial College publishes periodic guidelines for compensation awards that courts and solicitors use to settle a claim, according to which you could receive:

Injury Type Description Compensation
Elbow Injuries Elbow injuries such as simple fractures or tennis elbow that don’t cause any permanent damage Up to £10,175
Elbow injuries resulting in some long term problems but no significant disability £12,650 to £25,850
A severe, disabling injury to the elbow £31,625 to £44,300
The complete loss of one arm at the elbow level £90,250 to £102,890
Besides general damages, your final settlement will also consider your past and future financial expenses (special damages) and can arrive at a much more considerable sum.

If you want a free consultation to find out how much your elbow injury claim might be worth, call 0800 032 3660. Alternatively, you can request a call back using our contact form.

What are the leading causes of elbow injury claims?

Any elbow injury that was caused by the negligence of another person could potentially lead to an elbow injury claim. These could be due to acute trauma from accidents or can develop over time through overuse and repetitive movements.

The leading causes of elbow injury claims include:

Road traffic accidents

The impact trauma from a road accident can lead to elbow injuries such as bruising, fractures, cuts and lacerations. Twisting or bending your elbow forcefully can also damage the tendons or muscles in the elbow joint, causing a sprain or strain.

Vulnerable road users such as cyclists or pedestrians are especially prone to elbow injuries due to a lack of protection in the event of an accident. If another road user was responsible for your accident, you might be entitled to elbow injury compensation.

Accidents at work

Elbow injuries at work usually develop over extended periods of time due to manual handling, overuse, and vibrating machinery. These can lead to conditions such as bursitis, tendonitis or cubital tunnel syndrome. In every workplace, employers have the legal duty to take adequate measures to eliminate or minimise the risk of injury by:

  • Conducting periodic risk assessments to identify hazards
  • Providing health and safety training to employees
  • Have appropriate safety procedures in place
  • Make sure all equipment and machinery are well-maintained and safe for use
  • Ensure employees are provided with free personal protective equipment when necessary

A breach of any of the health and safety legislation could make your employer liable in an elbow injury claim.

Sporting accidents

Elbow injuries in sports can develop both after acute trauma or due to repetitive movements and overuse. Direct blows or falling onto the elbow may cause minor to severe soft tissue injuries and fractures. Repetitive movements such as hitting a tennis ball can cause micro-traumas to the bones, tendons and ligaments in the joint, leading to conditions like tennis elbow or golfer’s elbow.

Almost all sports carry a risk of injury, and most sporting accidents do not result from somebody else’s negligence. However, some incidents could be due to insufficient training, bad advice from a coach or inadequate ground conditions and might entitle you to compensation.

Slips, trips and falls

Slips, trips and falls are some of the most common yet preventable accidents at work and in public places. These are primarily due to hazards such as uneven floors, pavement defects, slippery surfaces or hazards left in walkways.

The impact of a fall from a height or on the same level can cause anything from bruising and lacerations to severe dislocations and elbow fractures. Employers, local councils and private business owners must take all reasonable measures to keep public premises safe. Otherwise, they might be liable for compensation in an elbow injury claim.

Violent crimes

Criminal assaults can not only cause severe physical injuries but may also be very distressing and lead to psychological and emotional damage. Direct blows to the elbows can cause severe fractures and soft tissue injuries, particularly if you are assaulted with a weapon.

Claims following a violent crime can be filed through the Criminal Injuries Compensation Authority (CICA). Unlike other personal injury claims, you have two years to make a CICA claim, and you must have reported the incident to the police.

If you believe your accident was due to someone else’s negligence, you should seek legal advice as early as possible to find out whether you can make an elbow injury claim. For a free assessment, call 0800 032 3660 or enter your details into our online claim form. You will receive a call back with no obligation to proceed.

What evidence will I need to make a claim?

If you want to file an elbow injury claim for compensation, you need clear evidence that another person has caused you harm by acting negligently. There are several pieces of evidence you should try to secure in this regard. Depending on the type of accident that caused your elbow injury, the available evidence could include:

  • Photographs of the accident scene and what caused your injuries before anything is removed or replaced. For example, this could be a faulty piece of equipment, a wet floor or pavement defects.
  • CCTV or dash cam footage of how the accident took place.
  • The names and contact details of any witnesses who could give a statement about how the events occurred if the defendant denies liability.
  • An accident report you should file with the responsible party if you suffered an injury at work or in a public place. You are entitled to a signed copy of the report as proof of the date, time and location of your accident.
  • Your statement about what you were doing before your accident, who you think is responsible for it and how it affected your life.

If you have a valid claim for elbow injury compensation, you also need proof of your injury and the financial losses it has cost you. This could be in the form of:

  • Medical records such as x-rays and other diagnostic tests.
  • Proof of the medication and treatments you received.
  • An independent medical assessment that your solicitor will arrange on your behalf.
  • Proof of any lost wages and other bonuses in the workplace.
  • Receipts and invoices detailing any other expenses you incurred due to your elbow injury.

Your solicitor will help you gather everything you need to make a successful claim and secure the maximum amount of compensation you may be entitled to receive.

Can I use no win no fee to make an elbow injury claim?

When you contact a professional solicitor, they will ask you some simple questions about your circumstances to determine whether your case has merit. If you are entitled to compensation, they will be able to offer you a no win no fee service. This allows you to take legal action without any upfront costs or financial risk.

The no win no fee agreement means you do not have to pay your solicitor upfront for their services. They will offer you free support and advice throughout the claims process in a completely transparent manner that involves no hidden charges.

By removing the financial risk from the claims process, no win no fee provides access to justice to everybody. At the beginning of your elbow injury claim, your solicitor will also take out an After the Event (ATE) insurance policy on your behalf, which protects you against liability for legal expenses if your case is lost, such as:

  • The cost of police and medical reports
  • Any fees requested by the court
  • Travel expenses
  • Costs of printing and copying
  • The defendant’s solicitor fees

As mentioned above, if your claim is unsuccessful, you have nothing to pay under the no win no fee agreement. You only pay any fees to your solicitor if they win your case in the form of a success fee. This is agreed upon in advance and is capped by law at a maximum of 25% of your settlement. If you win compensation, you may also have the cover the cost of the ATE insurance, which will depend on the particulars of your case.

To find out if you can make an elbow injury claim, call 0800 032 3660 or fill in our online claim form to get a free consultation with a legal adviser.

How long do I have to start a claim?

The standard time limit to start an elbow injury claim under the Limitation Act 1980 is three years after the date of an accident. If you do not start proceedings within the time limit, your case becomes statute-barred, and it is unlikely you will be able to proceed.

In cases where an elbow injury develops over time due to overuse and repetitive movements, the time starts to run on the date of knowledge of your injury, which refers to the moment when you realised:

  • The injury you suffered caused you significant pain and other damages
  • It was at least partially due to someone else’s negligence
  • Who might be responsible for your injury
  • Any other facts that are relevant to your case

Some claims for elbow injury compensation may fall outside the three-year limitation period. For example:

  • If the victim is a child, the time limit is suspended until they turn 18. Afterwards, they will have until their 21st birthday to take legal action if no one has claimed on their behalf.
  • Under the Mental Capacity Act 2005, there is no time limit to claim on behalf of a victim who cannot handle their case due to:
    • Post-traumatic stress disorder
    • An intellectual disability like Down syndrome
    • A mental health disorder such as schizophrenia
    • A neurodegenerative disorder like Alzheimer’s disease
    • A severe brain or spinal cord injury
  • The three-year countdown begins if the victim regains their intellectual abilities.
  • If you were the victim of a violent crime, you could claim elbow injury compensation from the Criminal Injuries Compensation Authority (CICA) within two years of the crime.
  • You could still be eligible for compensation if you had an accident abroad, but the time limit may depend on the particular country’s rules and could be much shorter than three years.

No matter what time limit might apply to your case, you should speak to a legal adviser as soon as possible after becoming aware of your injury. This will make it easier for your solicitor to gather evidence and build a strong case to win the compensation you deserve.

To start your elbow injury claim, or learn more about claiming compensation for the damages you sustained, call 0800 032 3660 to speak to a friendly, qualified legal adviser. Or, if you prefer a legal adviser to give you a call, you can arrange that now by entering your details into our online injury claim form.