If you’ve suffered a broken humerus you’ll know it can be a very painful and debilitating experience. Because of its important role in allowing your arm to move freely, a fractured humerus bone can have a dramatic impact on your ability to function normally. Importantly, you may be able to claim compensation for a broken humerus if you were injured in an accident that was somebody else’s fault.
In this guide to claiming compensation for a broken humerus, not only will we explain when you could be eligible to claim, but we’ll also discuss the claims process and look at how much compensation for a broken humerus could be awarded.
Our team is available if you would like free legal advice on making a personal injury claim. They’ll review your claim with you on a no-obligation basis and could connect you with one of our personal injury solicitors if your claim is suitable. Should your claim be accepted, your solicitor will act on a No Win No Fee basis meaning you will only have to pay legal fees if your claim is won.
To talk to us about claiming compensation for a broken humerus today, please call us on 0800 6524 881. Alternatively, please continue reading to learn if you could be eligible to make a claim.
Table of contents
- What Is The Humerus Bone?
- Am I Eligible To Claim Compensation For A Broken Humerus?
- Common Accidents That Might Result In A Broken Humerus
- How Much Compensation Will I Get For A Broken Humerus?
- What’s The Average Settlement For A Broken Humerus?
- Evidence To Support A Compensation Claim
- Time Limits For Claiming Broken Humerus Compensation
- Starting The Broken Humerus Compensation Claims Process
The humerus is the bone in your upper arm between your shoulder and elbow. It plays an important role in supporting your shoulder and providing a range of different arm movements. As the humerus is connected to other soft tissues, it is possible to suffer muscle, tendon or ligament damage in an accident as well as humerus fractures.
Before your broken humerus is treated, doctors will diagnose the type of fracture with scans such as an x-ray. This will allow for your arm to be treated properly and hopefully result in a full recovery. The types of humerus fractures that can be diagnosed are:
- Proximal humerus fractures – usually caused by falling on an outstretched hand or a direct blow.
- Mid-shaft humerus fractures – can lead to damage of the radial nerve or Profunda brachii artery.
- Distal-end humerus fractures – can result in brachial artery or anterior interosseous nerve damage.
While some broken humerus injuries can be repaired quite easily, others can be more complex. If treated successfully, you might expect to recover in a matter of months. However, more serious humerus fractures can lead to complications that can cause you to suffer for many years. These are some of the factors that will be taken into account when calculating how much compensation for a broken humerus you should get.
Some of the more common symptoms associated with humerus fractures include:
- Severe pain.
- Difficulty moving the arm.
- Bruising and swelling.
- Bone protruding through the skin (open fractures).
- A grinding sound when the shoulder is moved.
- Loss of normal arm use if there is also nerve damage.
Due to the location of the humerus, it is possible to sustain a broken elbow, broken shoulder or scapula (shoulder blade) in the same accident. If that’s the case, the level of pain and disability caused by your injuries can be greatly heightened as can the risk of long-term suffering.
One of our personal injury solicitors could represent you during a broken humerus compensation claim if there’s a realistic chance you’ll be compensated. Before agreeing to represent you, they’ll assess whether:
- You were owed a legal duty of care by the defendant; and
- An accident happened due to the defendant’s negligence; and
- You suffered a broken humerus in the accident.
Don’t worry if you’re not sure about a duty of care because your solicitor will check this for you. They’ll look at laws such as the Occupiers Liability Act 1984 and the Health and Safety at Work Act 1974 to do this. If the duty of care can be established, you’ll want to provide evidence to show why the defendant was responsible for your accident and how your injuries have affected you. We’ll explain what can be used a little later on.
In reality, it’s quite possible to break the humerus bone in a variety of different accidents. We’ve listed some of the most common below. Remember, compensation for a broken humerus can only be claimed if the accident was somebody else’s fault.
- Slips, trips and falls. A humerus fracture can occur when you put your hands out to break your fall and the force of the impact travels up the arm. Therefore, if you slip on a spillage, a leak or on a recently cleaned wet floor (without warning signs), you could be eligible to claim compensation.
- Playground accidents. If your child has injured themselves in a council-run park or on school playground equipment, they could be compensated. For example, a claim might be possible if they were injured because of damaged apparatus or missing safety tiles.
- Road traffic accidents. Broken bones are common following a collision on the road. While drivers and passengers can claim for a broken humerus, the injury is more common in accidents involving cyclists, pedestrians and motorcyclists.
- Workplace accidents. Your employer is legally obliged to try and keep you as safe as possible at work. Therefore, if your humerus is broken because of faulty equipment, damaged tools, inadequate training or a lack of PPE, you could sue them for work accident compensation.
These are just a few of the most common accidents that could result in broken humerus compensation. Please let us know if your accident is not listed and we’ll assess your options for free.
If you make a personal injury claim for a broken humerus, the amount of compensation claimed will generally be based on general damages (pain and suffering) and special damages (costs, expenses etc). If your claim is successful, it could include compensation to cover:
- The physical pain you endured because of your humerus fracture.
- Any psychological impact (distress, anxiety etc).
- The effect your injuries have on your hobbies, social life and usual activities.
- Travel expenses.
- The time somebody else spent caring for you and supporting you.
- The price of replacing personal items damaged during the accident.
- Loss of income (as well as future loss of income).
- Physiotherapy and other forms of private medical treatment.
- Changes to your home (or vehicle) to improve your quality of life if you’re left with a permanent disability.
We believe that working with a solicitor will improve your chances of being fully compensated for your injuries. Please get in touch to see if one of ours could represent you on a No Win No Fee basis.
The average settlement for a broken humerus is primarily based on general damages (pain and suffering). Therefore, we can refer to figures (specifically for general damages) advised by the Judicial College to give some idea of potential payouts below.
- £12,770 to £19,200 compensation for a broken humerus that leads to restriction of movement in the shoulder and is considered a serious injury.
- £19,200 to £48,030 compensation for a severely broken humerus where the brachial plexus has suffered damage and causes significant disability.
To determine how badly broken your humerus is/was and how it has affected your life, it will need to be assessed by an independent medical expert as part of the claims process. Our solicitors are usually able to arrange these appointments locally for claimants.
When making a personal injury claim for a broken humerus, you’ll usually end up dealing with the defendant’s insurance company. As a business, they don’t want to pay compensation unless they have to. Therefore, you will need to use evidence to prove how your accident happened and why their client was to blame. This could include:
- Photographs taken at the scene of the accident.
- Contact details for anybody who saw the accident in case witness statements are needed.
- Copies of your medical records from the hospital that treated your broken humerus.
- CCTV or dashcam footage that shows your accident taking place.
- Your copy of the accident report form to prove when and where the accident happened.
- Receipts, bank statements or wage slips to show the financial impact of your injuries.
If you already have as much evidence as you can retrieve, please call our team for a free case review and to see if we could possibly get more evidence if needed.
The Limitation Act 1980 sets out a 3-year time limit for most personal injury claims. Usually, when claiming compensation for a broken humerus, this will commence on the day of your accident.
If you begin the claims process earlier rather than later, it will probably be easier to secure evidence to support your claim. You may also benefit from an interim payment to cover private medical treatment before your claim is finalised.
Importantly, if your child has broken their humerus, you could claim on their behalf at any time before their 18th birthday meaning the 3-year time limit is not relevant at that point.
If you would like to find out whether you might be compensated for a broken humerus injury, simply contact our team on 0800 6524 881 today.
After reviewing your claim, they could connect you with one of our specialist solicitors who will represent you on a No Win No Fee basis if your claim is accepted. That means there are no legal fees payable unless you are compensated.
For further information about how much compensation for a broken humerus you might be eligible to claim, please feel free to use our live chat service.