Our panel of personal injury lawyers at CompensationPayout.org.uk successfully handle claims for all kinds of personal injury. We’ve helped thousands of people claim for a broken arm caused in the workplace, by road traffic accidents or injuries in public places. Covering the whole country, our No Win No Fee specialists can expertly guide you through the process of claiming for a broken arm, wherever it happened.
Is it possible to win damages like this from a broken arm? Absolutely. In this article we will look at the types of accidents you can claim for, where they might happen, how liability is established and what to do next. We will look at a case study, which is intended only as a general example but illustrates how the process of claiming for a broken arm works and what might be possible as a payout to you when you consult our panel of No Win No Fee lawyers.
If while reading this guide you have a question or query or would like to proceed with a claim, please contact our team by calling 0800 408 7826.
Select A Section
- A Guide To Broken Arm Compensation Amounts
- What Is A Broken Arm?
- Can An Arm Fracture Affect Your Finances?
- Common Ways Arm Injuries Occur
- You Could Add A Care Claim For Arm Fractures
- What Adds Value To Your Compensation Amount?
- Case Study: £50,000 for a Broken Arm
- Your Free Compensation Calculation Estimate Is Waiting
- No Win No Fee Agreements For Arm Fractures
- How To Choose The Best Personal Injury Lawyer
- Contact and Support
- Quick Guides
Our case study describes someone who claimed for an arm fracture that resulted from a workplace accident, although obviously, a broken arm can happen anywhere. Road traffic accidents (RTA), particularly those involving cyclists, can often result in this kind of injury. In 2018, nearly 18,000 cyclists were injured in an RTA many of whom were entirely blameless but still suffered broken arms or other injuries.
We look at how to accurately establish blame, who breached their legal ‘duty of care’ to you which resulted in your broken arm and the two specific types or ‘heads of claim’ that can boost the maximum damages to a figure like £50,000.
Whether it’s one bone fracture or multiple breaks, identifying your injury is essential. A broken arm is an injury that can happen in many different parts of the arm, from the top of the shoulder right down to the wrist. All of them are incredibly painful. A medical professional will confirm the fracture with an exact diagnosis, but you can refer to the NHS website here for general symptoms.
Before proceeding with a claim for a broken arm, it’s important to establish who owed you a duty of care and whether that party breached that duty
- The Health and Safety At Work etc. Act 1974 clearly outlines the responsibility of all employers to provide as safe a working environment for you as possible.
- The Occupiers’ Liability Act 1957 likewise sets out a duty of care around the safety and regulation of public spaces by those in control of such areas.
- The Highway Code obliges all road users irrespective of age or experience to exercise due diligence and care on the roads. In other words, every road user has a legal ‘duty of care’ to each other. Road users must practice this caution, even to the extreme of anticipating that others may not show this level of skill and care.
Very much so. Guided by your personal injury lawyer, your claim for a broken arm will take into account the potential for ‘special damages’. This is an umbrella term that includes all the ways that the accident at work, RTA or accident in a public place might affect you financially. This sum is awarded in addition to general damages, which compensates you for the physical pain and psychological suffering caused by the injury.
The impact can be a shock. Loss of earnings, travel and medication expenses, emergency childcare, missed work opportunities and the possible need for personal care all carry a monetary implication. A No Win No Fee lawyer can pursue these costs for you to their fullest extent.
A broken arm is always a serious accident. Most arm fractures occur at the shoulder, the elbow or the wrist and all result in debilitating pain. Falls or ‘direct trauma’ is the main cause of an injury like this, with an increase in likelihood during the colder months due to slips on ice and snow.
Cyclists are particularly vulnerable to this type of incident, with busy roads providing multiple scenarios where a claim for a broken arm may be appropriate.
Although most people are ambidextrous to a degree, people are born with a predisposition to use either their left or right hand and arm more. This has a crucial bearing on their broken arm claim. If the arm fracture is with your dominant limb, you may find a significant degree of pain, suffering and difficulty either needing to use it or trying to perform tasks with your other limb. In many cases, a complete ‘re-learning’ of basic tasks is required and a significant amount of stress and disruption ensues.
To cope, a claimant may rely on the assistance of family and friends which is described as ‘gracious care’ and is performed without the expectation of financial gain. In severe cases, compensation can be claimed for the time that another person has spent looking after you. For instance, if you’ve had to pay for a professional carer to visit you and assist with cooking, personal care and cleaning, these costs can form part of your compensation. The NHS estimates that these costs can run as high as £1,500 per week.
The medical assessment of your broken arm claim is an essential part of a successful case. Your personal injury solicitor will ask that you be examined by an independent medical expert to confirm that your arm fracture was a direct result of the accident and the injuries sustained are not part of a previous or unrelated condition. If you decide to make a claim with us, we can utilise our extensive network of medical experts to ensure your examination takes place as close to your home as possible.
The assessment is also the time that multiple injuries, prognosis and any long-term damage can be established and your case for special damages can really start to come into its own. As mentioned above, the two heads of claim are:
- General damages – these are awarded with reference to the Judicial College Guidelines and depending on severity, can range anywhere from £5,000 for a simple fracture to the arm, right the way up to £37,000 for serious, multiple arm injuries.
- Special damages incorporate all the various financial implications a serious arm injury can create. Loss of earnings, personal care, travel expenses, and any future losses can all be accounted for.
When it comes to recovering costs and expenses, it’s important that you retain all bills, receipts and invoices. Without evidence, it’ll be difficult to persuade the defendant to pay them.
If you’d like more information on the types of expenses you can claim for, please get in touch with our team.
Mike was a warehouse manager in a busy depot. He’d been with the company for 20 years and knew his way around the place very well. One day, when returning from lunch he walked down the same flight of concrete stairs he’d used every day and slipped. Badly.
As Mike fell the six or seven stairs to the bottom, he landed awkwardly and broke his left arm in two places, at the elbow and the radius—the forearm bone just above the wrist. After the company first aid manager attended and the accident was recorded, Mike was taken to hospital to begin a 6 month rehabilitation.
Mike was left handed and found it virtually impossible to do anything with his usual speed or dexterity. During the next few days when the seriousness of his accident truly sank in, Mike decided to contact a personal injury lawyer and seek a work injury payment.
It transpired that Mike had in fact slipped on a small puddle of water that had collected from a leak in the ceiling above the stairs. Water had been leaking in this spot for a while. The management of Mike’s warehouse had been aware of it for weeks and not attended to the repair or made the area safe.
After gathering evidence such as photos of the stairs and CCTV footage of him falling, the company’s insurance firm admitted liability and the claim for damages was successfully settled in Mike’s favour.
A breakdown of Mike’s compensation award is shown below:
General damages Special Damages
Based on the severity of Mike's injuries, he was awarded £24,800 for the pain, suffering and loss of amenity. As a manager, Mike earned £36,000 per annum. He was absent from work for 6 months and wasn't paid any sick pay by his employer. This gave him a loss of earnings of £18,000
Travel expenses to doctors and specialist for 6 - 12 months - £700
Medications - £500
Mike lived alone and had to pay personal/domestic care as well as a gardener, for 3 months minimum. This cost £500 per week, which totalled £6,000.
Total - £24,800 Total - £25,200
As you can see, Mike’s compensation far exceeded what he initially thought possible. As a 56-year-old, his healing time could be even longer with potential for long-term bone damage, infection and loss of mobility, perhaps lasting the rest of his life. The effects of an injury on an individual should never be underestimated
Mike’s case is purely an example but it does reflect many similar cases that our panel of personal injury lawyers have successfully dealt with. Based on past experiences of valuing and handling claims, it shows how accidents at work can happen and what you can do about it should you be a victim. Money in itself cannot restore what might be lost due to the carelessness of others, but it will reduce the impact of an additional financial burden.
It’s worth noting that whilst personal injury compensation calculators may seem to give an ‘instant’ figure for your personal injury claim, they often lack the detail to be truly accurate. The best way to establish exactly what compensation may be due to you is to contact our team who can talk you through the process step by step. There are many different factors that have a bearing on your payout so it’s vital to speak to an advisor.
Use the number above to speak 24/7 to our team, or send us an email about your accident by clicking here for a precise estimate.
No Win No Fee claims are designed to help people access the justice and compensation they deserve at no up-front cost to them.
Essentially, if your case does not succeed, you will not have to pay any of your solicitors fees. You also won’t have to pay any fees upfront or during the claim.
If your case wins, your personal injury lawyer will seek a nominal fee (capped by law) which is deducted only after the compensation has been won, leaving the bulk of the money for you.
Thanks to the internet, the location of a solicitor is no longer important. Google searches will throw up thousands of personal injury companies, so how do you find the right one for your broken arm case? We recommend reading reviews. They give great, ‘first hand’ information about personal injury specialists. In particular, look out for the following things:
- See how quickly the case was settled for other claimants
- How well did the solicitor communicate with their clients?
- Did the client get the desired result?
Thank you for reading our guide. For the best free, legal advice and support, with no obligation to proceed:
- Call us on 0800 408 7826 to discuss your case today.
- Or you can also drop us an email and ask for a call back at a time that suits you by clicking here.
Thank you for reading our case study on broken army injury claims. Below, you can find some further resources which you may find useful.
Guide by JE
Edited by RI