How To Sue For A Broken Elbow – £84,000 Road Accident Case Study

Would you like to know whether you could sue for a broken elbow in a road traffic accident? If so, this guide may provide you with the information you need.

Within this guide, we aim to cover everything you need to know about making a claim for an injury caused by negligence. Additionally, we will provide you with a guideline compensation table to help you understand how much you may be entitled to.

Alternatively, if you would like to speak to someone about your claim, you can contact our team today. Our advisors are available 24 hours a day, 7 days a week to answer any of your questions about making a personal injury claim.

To talk to an advisor today:

Sue For Broken Elbow

About Broken Elbow Injuries

  1. How To Sue For A Broken Elbow Injury
  2. Causes Of Broken Elbow Injuries In Road Traffic Accidents
  3. How Much Compensation Could You Get If You Sue For A Broken Elbow?
  4. £84,000 Case Study – Sue For A Broken Elbow In A Road Traffic Accident
  5. How To Sue For A Broken Elbow With A No Win No Fee Solicitor
  6. Talk To An Advisor
  7. Find Out More About Compensation Claims

How To Sue For A Broken Elbow Injury

Every road user must ensure that they are using the roads responsibly and safely to prevent accidents from happening that could cause injury. This is the duty of care all road users owe one another.
Drivers, pedestrians and cyclists must also follow the rules specifically designed for them within the Road Traffic Act 1988 and the Highway Code. Some of the steps road users can take to ensure road safety include:
 
  • Follow speed limits and road signs/markings
  • Not drive under the influence of alcohol or drugs
  • Have the correct license and insurance
  • Ensure their vehicle is safe for the road

If someone were to behave recklessly whilst on the road, this could cause an accident where you become injured, such as a break or fracture. In order to be able to successfully sue for a broken elbow in a road traffic accident, you must prove that another road user breaching the duty of care they owed to you, you became injured in a preventable accident.

Later in this guide, we will share some examples of how you could become injured due to a road user breaching their duty of care to you. If you have any more questions, speak with an advisor today.

Causes Of Broken Elbow Injuries In Road Traffic Accidents

There are various ways you could sustain an elbow injury in a road traffic accident. For example, bad weather such as snow, ice and heavy rain can affect the safety of the roads. This could cause you to crash into a lampost and suffer an injury.
However, in order to make a personal injury claim, your injury must have been the direct result of another road user breaching their duty of care to you, which might not be the case in the example above. You may also be able to claim if you were a passenger in a car accident.
Some examples of how you could become injured in a road traffic accident that another road user was liable for are:
  • You are a pedestrian crossing the road at a pelican crossing when you are supposed to. A driver drives through a red light and hits you whilst you are crossing the road. You suffer from a broken forearm and elbow injury.
  • Another driver makes an illegal move on a roundabout. They crash into your car, causing a car accident, and you suffer a broken elbow, broken rib and a broken nose.

In certain circumstances, you may also be partly liable for your injuries. For example, if you were not wearing your seatbelt when the accident occurred, then you are also partially responsible for your injuries. This is known as contributory negligence. Here, your compensation for your injuries will be reduced according to the part you had to play in your injuries.

Evidence is also crucial to proving liability when making a claim. Some  evidence you could collect is:

  • CCTV footage of the accident.
  • Eyewitness contact details.
  • Dashcam footage.
  • A police report (if applicable).
Call us today to find out whether you can sue for a broken elbow in a road traffic accident.

How Much Compensation Could You Get If You Sue For A Broken Elbow?

If you successfully sue for a broken elbow, your settlement could be split into general and special damages. 
Special damages aim to compensate you for any financial losses you have incurred as a result of your injury. This can include travel expenses to doctor’s appointments and lost wages due to taking time off work. Evidence such as payslips and receipts will help you when claiming these losses.
 
General damages aim to compensate you for the impact the injury has had on your physical and emotional health as well as your quality of life. Evidence such as a copy of your medical records will help you when claiming this head of claim.
Using the figures provided in the 16th edition of the Judicial College Guidelines (JCG), we have created the following table to help you understand how much you might receive in general damages. Personal injury solicitors can use the JCG to help them value claims. Only use these figures as a guide.
InjuryAmount
Arm Injuries - (a) Severe£96,160 to £130,930
Arm Injuries - (b) Serious Fracture£39,170 to £59,860
Arm Injuries - (c) Less Severe£19,200 to £39,170
Arm Injuries - (d) Simple Fractures£6,610 to £19,200
Wrist Injuries - (a) Loss of Function£47,620 to £59,860
Wrist Injuries - (b) Permanent and Significant Disability£24,500 to £39,170
Wrist Injuries - (c) Less Severe£12,590 to £24,500
Injuries to the Elbow - (a) Severe£39,170 to £54,830
Injuries to the Elbow - (b) Less Severe£15,650 to £32,010
Injuries to the Elbow - (c) Modest/MinorUp to £12,590

£84,000 Case Study – Sue For A Broken Elbow In A Road Traffic Accident

Mr Timson was driving to work when another driver drove through a red light at the junction. The other driver crashed into the side of Mr Timson’s car, and he suffered a broken elbow and broken hip injury. 
The accident was witnessed by other drivers and pedestrians and was captured on CCTV. Mr Timson also received medical attention for his injuries.
 
Unfortunately, due to the nature of his work as a mechanical engineer, he needed time off. However, he was only paid statutory sick pay. He also needed to receive therapy for severe anxiety following the accident.
 
The accident left him in a state of shock, pain and financial struggle. For that reason, he decided to seek legal advice from a solicitor.
With the help of a solicitor, Mr Timson was able to provide sufficient evidence to prove his claim. This included the CCTV footage of the accident, a copy of his medical records and his solicitor collected statements from the eyewitnesses.
Mr Timson was successful with his claim and received compensation for his physical injuries and to cover his financial losses.
 
This is an example case to illustrate how you could sue for a broken elbow injury in a road traffic accident. If you would like free legal advice about your specific circumstances, speak with an advisor today.

How To Sue For A Broken Elbow With A No Win No Fee Solicitor

A personal injury solicitor from our panel could help you sue for a broken elbow with a No Win No Fee agreement in place. There are many types of No Win No Fee agreements, one of them being a Conditional Fee Agreement.
There are many benefits to making your claim with a No Win No Fee agreement, such as generally not having to pay any upfront solicitor fees to start your claim. Additionally, you will only be obligated to pay them for their services if your claim is successful.
This will be done through a legally capped success fee taken from your compensation. If your claim is not a success, then you usually won’t pay your solicitor for the work that they have done.
Contact us today to find out more about No Win No Fee agreements. If you have a valid claim, you could be connected with a lawyer from our panel to work on your case.

Talk To An Advisor

If you are still unsure whether you could sue for a broken elbow in a road traffic accident, you can call our team of advisors today. They are available 24/7 to answer any questions you may have about making a personal injury claim. They can also offer you free legal advice in regard to your specific claim.

To talk to an advisor today:

Find Out More About Compensation Claims

Below, we have included links to more ‘How To Sue’ articles:

Or, if you are looking for more information:

Call an advisor today to find out whether you could sue for a broken elbow.

Article by Rob

Edited by Sto