Elbow Injury Claim Calculator – How Much Compensation Could I Recieve?

Have you suffered an elbow injury that wasn’t your fault? If so, you may be able to make a compensation claim. Perhaps you were injured at work, in a public place, or on the roads and are looking for an elbow injury claim calculator to see how much compensation you could be owed. This guide about making an elbow injury claim will aim to answer any questions you may have about the claims process.

When discussing potential cases, the first question we are often asked is, ‘How much compensation will I get?’. Whilst we cannot give you an exact figure, we begin our guide by telling you how compensation for an elbow injury is calculated.

We then move on to look at some of the common types of accidents that could lead to successful elbow injury claims. Also discussed is the time limit in which to bring a case and how our panel of expert personal injury solicitors can help you on a No Win No Fee basis.

You can use the menu below to browse our guide, but if you would like to speak with an advisor now for a free and no obligation case assessment, you can:

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Elbow Injury Claim Calculator

There can be two parts to compensation in personal injury claims: general damages and special damages.

General damages compensate for the injury, including the pain and suffering, whereas special damages compensate for any financial losses caused by the injuries.

There is no average amount as each case is assessed based on unique factors, such as:

  • The severity of the pain and suffering your injuries caused
  • How badly the elbow injury has impacted your quality of life
  • Future implications
  • Whether you experienced any financial losses as a result of your injuries.

As part of the elbow injury claims process, you may need to attend an independent medical assessment. This could produce a report which would be used to advise you about the potential value of injuries. In addition, the Judicial College guidelines (JCG) are a tool that can be used to help calculate injury compensation. The JCG contains a list of injuries, including those that affect the elbow, and a suggested compensation bracket for them.

Below is a table of injuries from the JCG with their compensation bracket. These are just guidelines, and no figures are guaranteed. Please note that the first row does not come from the JCG.

InjurySeverityNotesAmount
Extensive injuries and financial lossSeriousMultiple injuries including past and future lossesUp to £500,000 +
AmputationLoss of One Arm (iii)An elbow injury so severe it requires amputation of the arm below the elbow.£117,360 to £133,810
ElbowSevereA severely disabling injury£47,810 to £66,920
Less SevereInjuries causing interference with function but not involving major surgery or significant disability.£19,100 to £39,070
Moderate or Minor Injury (iii)Recovery after three years with only nuisance symptoms past this time.Up to £15,370
Moderate or Minor Injury (ii)Majority of symptoms resolve between 18-24 months with nuisance symptoms only after this.In the region of £7,930
ArmFractureSimple Fractures of the Forearm£8,060 to £23,430
Psychiatric Damage GenerallyModerateA good prognosis for the future.£7,150 to £23,270
Less SevereSome impact on daily activities and sleep£1,880 to £7,150

Can I Claim For Loss of Earnings Caused By A Severe Elbow Injury?

As mentioned above, you may also be eligible for special damages. These are financial losses you have incurred as a result of your injury, and whilst special damages are not always guaranteed, if you can produce evidence to support them, they could be included in your compensation.

Here are some examples of special damages and evidence that could help:

  • Loss of earnings – (wage slips)
  • Future loss of earnings
  • Medical expenses – (receipts, invoices, prescription charges)
  • Travel expenses – (receipts, travel tickets)
  • Care & assistance by another person

This list is not exhaustive, so please call our team today to see what damages you could potentially claim. Whilst our elbow injury claim calculator is helpful, you may find it useful to speak to an advisor.

Can I Make An Elbow Injury Claim?

In order for you to make a valid elbow injury claim, we need to establish whether a duty of care was owed and whether that duty of care was breached.

The eligibility criteria to make a personal injury claim are:

  • The defendant owed you a duty of care
  • They breached their duty of care
  • You suffered your elbow injury as a result of the breach

Let’s look at some common types of accident claims that could involve an elbow injury.

Road Traffic Accidents

Road users owe a duty of care to other road users. This duty is to use their vehicles in such a manner that they do not cause harm. There are rules and codes of conduct that should be followed set out in the  Road Traffic Act 1988 and The Highway Code. Failure to adhere to these rules could be a breach of duty.

Examples of different circumstances that could lead to a road traffic accident claim:

  • A driver of a vehicle failing to stop at a give way junction colliding with another vehicle. This causes a passenger to hit their elbow on the window, causing injury.
  • A driver operating a vehicle whilst under the influence of alcohol and/or other substances. They swerve onto the wrong side of the road, causing a head on collision at speed.
  • A motorcyclist fails to notice a child on a zebra crossing, and they knock them over.

Accidents in a Public Place

The occupier (those in control) of a public space owe lawful visitors a duty of care under the Occupiers’ Liability Act 1957. They must take reasonable steps to ensure the reasonable safety of these visitors.

What steps are reasonable will depend on the circumstances, but here are some examples of a likely breach of duty that could lead to a public liability claim:

  • A waitress spills a drink in a restaurant and fails to clean it up or place down a warning sign, and a customer slips on the spillage several minutes later, hurting their elbow.
  • A patient trips over boxes that have been left in a corridor of a medical centre. They hit their elbow on the ground.
  • Gym equipment is reported as being faulty, but management does not fix the machine in question, and a customer injures their elbow whilst using it.

Accidents At Work

Under the Health and Safety at Work etc. Act 1974, employers owe their employees of duty of care. This duty is that they must take reasonable steps to ensure their employee’s safety at work. This can include things like providing adequate training or personal protective equipment (PPE).

Examples of a breach of duty that could lead to an accident at work claim include:

  • A faulty machine leaks oil, and it is not repaired. An employee slips on the oil and lands heavily on their elbow.
  • An employer failed to provide an employee with sufficient training in manual handling, and they sprain their elbow whilst lifting boxes.
  • Scaffolding is not properly constructed, and it collapses, causing a worker to fall from height and to land on their elbow.

No matter how you injured your elbow, if you think you might have a potential claim, reach out to an advisor, and we can give you a quick eligibility check and discuss any aspect of our elbow injury claim calculator.

How Do I Make An Elbow Injury Compensation Claim?

To be successful in an elbow injury claim, you will have to prove that someone breached a duty to you and that this caused your injury. Some helpful pieces of evidence could include:

    • Medical records of your elbow injury, inclusive of x-rays and/or medical notes.
    • Relevant photographs of the accident site/location showing the precise cause of your injury.
    • CCTV of the accident or dashcam footage.
    • Witness details so that, if necessary, a statement can be taken from them later.
    • Accident reports relating to the event in which you suffered your elbow injury. Most workplaces must maintain an accident book.
    • Keep a record of all the costs incurred due to your elbow injury, and take notes on how the injury impacted your daily life.
  • If your case is accepted, one of our panel solicitors will assist you in collating everything necessary to build a strong case.

How Much Time Do I Have To Start An Elbow Injury Claim?

The legal amount of time you have to bring a personal injury claim is 3 years from the date of the accident, and this is outlined in The Limitation Act 1980. There are, however, some exceptions.

If the injured party is a  minor (under the age of 18) then the time frame does not begin to run until their 18th birthday. An appropriate adult can apply to the court to become a litigation friend on the child’s behalf before this time.

Similarly, the time limit does not apply to those who lack the capacity to bring their claim. The three years start if they recover capacity and from the date capacity is recovered. A litigation friend can also be used to bring a claim if there is a lack of capacity.

To find out if you are in time to bring a claim, connect with one of our advisors.

Can I Make A No Win No Fee Elbow Injury  Claim?

After reading all of this, you are probably asking yourself, “How much is this going to cost?” Well, if your claim is deemed suitable, our panel solicitors can work on a No Win No Fee basis and offer you a Conditional Fee Agreement. This means if your claim is unsuccessful, there are no solicitor’s fees to pay. Other benefits include:

  • There are no upfront solicitor fees.
  • No solicitors fees while the case is being processed.

If the claim is a success, your solicitor will deduct what’s called a success fee from the compensation. The success fee that is deducted is legally capped, which ensures you keep the majority of the compensation.

If you’d like to learn more about claiming on a No Win No Fee basis, please contact our advisors here at Compensation Calculator UK today. You can:

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More Useful Resources About Claiming For A Personal Injury

Below, you will find additional resources about personal injury:

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External Resources:

Thank you for considering our elbow injury claim calculator guide.