A dislocated elbow can seriously affect your day-to-day activities, especially if it occurs on your dominant arm. Even basic activities like writing, using your phone and opening doors can become really difficult. Elbow dislocations can also be expensive, especially if they stop you from working. For these reasons, you may wish to claim compensation if your elbow was dislocated because somebody else was negligent. Therefore, this guide will explain how much compensation for a dislocated elbow could be awarded.
If you’re unsure about how to claim compensation for a dislocated elbow, we can help. There’s no obligation to claim with us but if you call for an initial assessment of your case, we’ll explain your options and offer free legal advice. If you’d like to work with one of our personal injury solicitors and they agree to represent you, they’ll manage the claim on a No Win No Fee basis. This means they’ll take on the financial risk of claiming and you’ll only pay legal fees if compensation is paid.
You can speak with our team on 0800 6524 881 about your claim or read on to find out more about dislocated elbow compensation claims.
Table of contents
- What Is A Dislocated Elbow?
- Am I Eligible To Claim Compensation For A Dislocated Elbow?
- Common Accidents Leading To Dislocated Elbow Claims
- How Much Compensation Will I Get For A Dislocated Elbow?
- Evidence To Support A Dislocated Elbow Compensation Claim
- Time Limits For Claiming Dislocated Elbow Compensation
- Starting The Dislocated Elbow Compensation Claims Process
A dislocated elbow is where the radius and ulna bones in the forearm move out of alignment with the humerus in the upper arm. More complex elbow dislocations include a fracture of the ulna, radius or humerus which can make treatment more difficult.
Common symptoms linked to a dislocated elbow include:
- Instability of the elbow where you can feel the elbow slipping out of position.
- Intense pain at the elbow joint.
- Visible deformity.
- Bruising and swelling.
- Difficulty using the arm or moving the elbow.
Treatment can include anti-inflammatory medication to reduce swelling, manipulation of the bones to put them back in place or surgery for more complex cases.
A dislocated elbow can take many months to heal and you may need to wear a sling or splint for some time.
To check your eligibility to claim compensation for a dislocated elbow, one of our solicitors will check to see if:
- The party you’re claiming against (or the defendant) owed you a duty of care; and
- You were involved in an accident caused by the defendant’s negligence; and
- Your elbow was dislocated in that accident.
If you believe that you should be compensated for dislocated elbow, contact us today for a free consultation.
So long as your elbow was dislocated in an accident caused by somebody else’s negligence, we could help you to start a personal injury claim. Here are some examples:
- Workplace accidents – including elbow dislocations caused by faulty machinery, falling from a damaged ladder or slipping on a known leak.
- Road Traffic Accidents – elbow dislocations can be caused because of the force going through your arms if you’re holding the steering wheel during a collision. Cyclists, motorcyclists and pedestrians could all be at risk of dislocating their elbow if hit by a vehicle as well.
- Playground accidents – if your child has fallen from a damaged climbing frame or hit the ground hard because of missing safety tiles in a public playground accident, a dislocated elbow claim might be possible.
- Slips, trips and falls – putting your hands out to break a fall is common but can lead to forearm and elbow dislocations. If you were injured from falling in a supermarket, on an unrepaired pothole or any other type of trip hazard, you may be eligible to claim.
- Sports injuries – contact sports or those that involve a high risk of falling, such as rugby and gymnastics, can result in elbow dislocations. If it was caused by an illegal tackle or inadequate or sports equipment, for example, you could have a claim.
Feel free to contact our advice centre even if we’ve not listed your accident type above. An advisor will consider your case and provide free legal advice about what you could do next.
If your claim proceeds, your solicitor will base how much compensation for a dislocated elbow you’ll claim on two heads of loss: general damages and special damages. These aim to cover all aspects of your suffering whether they be physical, mental or financial. We’ll take a look at each element in more detail below:
As you’ll know, a dislocated elbow will be uncomfortable and can cause a lot of pain and suffering so this will need to be covered by general damages. Additionally, this part of the claim can help if you’ve become depressed or suffered anxiety as a result of your injury and include damages to compensate for any loss of enjoyment of your usual hobbies and activities. However, the current guidelines suggest £3,530 to £12,590 compensation could be claimed for minor to moderate injuries.
For all claims taken on, an independent medical assessment is needed to help prove the extent of your elbow dislocation. Our personal injury solicitors are usually able to arrange medical assessments for claimants to take place in a local setting.
In addition to general damages, you could claim back any expenses linked to your dislocated elbow including:
- Physiotherapy and other medical costs.
- Fuel, parking or other travel costs.
- The time somebody else spent helping you while you were recovering.
- Loss of earnings.
- Future income losses for longer-term injuries or permanent disabilities.
- The cost of modifying your home to help cope with any ongoing mobility issues.
- Replacement property costs for items damaged in your accident.
To try and ensure your claim fully compensates your suffering, your solicitor will go through everything with you in detail before contacting the defendant.
To be compensated for a dislocated elbow, your solicitor will need to prove to the defendant’s insurer that a) you did in fact dislocate your elbow, b) the defendant was to blame and c) how your injury has affected you. They won’t just take your solicitor’s word for this though so evidence must be supplied to support your allegations. This could include:
- A copy of any medical records that can be obtained from the hospital where your elbow dislocation was diagnosed and treated.
- To help prove where and when your accident happened, a copy of an accident report form could prove useful.
- Video evidence such as mobile phone, dashcam or CCTV footage of your accident.
- To verify how your accident occurred, statements from witnesses might be collected by your solicitor.
- Photographs that show the aftermath of your accident ideally taken before the scene was cleared, and of your dislocated elbow could be used as evidence.
You needn’t worry if you don’t have all of the above already as your solicitor will help to secure any further information needed if your dislocated elbow compensation claim is taken on. Please do have any evidence you do have to hand when you call though.
You may already know that we have a 3-year time limit for personal injury compensation claims in the UK. For dislocated elbow claims, that limitation period will usually start on the date of your accident. There is an exception to this rule for children though. In this scenario, you can claim (as a litigation friend) on your child’s behalf at any time before their 18th birthday (when their 3-year time limit will begin if you’ve not claimed already).
There are good reasons to start your claim as soon as you can. For example, starting early should make it easier to secure any evidence required to support your claim. Also, if your elbow is still making life difficult, the defendant may be asked to cover the cost of physiotherapy or private hospital treatment to speed up your recovery time.
If you work with us, your solicitor will do all they can to process your claim as quickly as possible to try and ensure you don’t have to wait too long to receive your settlement if the claim is successful.
You can call us on 0800 6524 881 if you would like to discuss claiming compensation for a dislocated elbow. One of our helpful advisors will guide you through the claims process and explain your options after they’ve reviewed your claim for free.
If you would like to claim after your free consultation and your case is strong enough, one of our personal injury solicitors may agree to help. Importantly, they’ll represent you on a No Win No Fee basis so you won’t need to pay solicitor’s fees unless you are awarded compensation.
Hopefully, we’ve explained how much compensation for a dislocated elbow might be paid but please connect to our live chat system if you have any further questions.