Getting your arm broken could be quite a painful experience.
And most often it is not because of any carelessness on your part, it just happens by accident.
Moreover, the complications to apply for a broken arm compensation can create the situation more tense.
However, it turns out that in most cases personal injury claims can be made if a third party is proven to be partly or fully at fault.
I have compiled this complete guide with all the necessary information and everything you need to know before applying for your claim.
What qualifies as a broken arm?
From a legal standpoint, a broken arm is when one or more of the bones in your upper arm, forearm, wrist and elbow sustain an injury.
This could be as minor as a slight crack to a complete shatter in two or more pieces.
Am I eligible to make a claim for a broken arm?
In case you are convinced that your arm was injured as a direct or indirect consequence of negligence on the part of a third person party, you may well be eligible to claim compensation.
Most common instances of the claims made are:
- It could be a slip trip fall accident in a supermarket that did not mark a wet area
- Work-related accidents or an employer who failed to train you adequately
- A road traffic accident that was not your fault
- Equipment failures or any other violation of the Health and Safety regulations by a company owner, a mart owner or construction site
What is the estimated payout for arm injuries?
For a minor fracture and a laceration your payout could go up to £2,500.
In case of a minor fracture with no additional complications, your payout could range between £4,750 to £13,700.
However, if you require a surgery your estimated amount could go up to £9,000.
How much can I claim for a broken forearm?
For a minor forearm injury your claim could range between £5,000 to £14,600.
Can I make a claim for a broken arm resulting in a disability?
A broken arm with minor disability could get you an amount ranging between £29,800 to £45,500.
However, for severe disability resulting in an amputation your amount could range between £73,100 to £99,500.
How much can I claim for injuries resulting in an amputation?
For a disability just short of an amputation could get you a payout from £73,100 to £99,500.
However, for an amputation at the shoulder, your amount could go up to £117,010.
Furthermore, for an amputation below the elbow you could get an estimated amount ranging between £82,040 to £93,540 and £93,540 to £111,690 for above the elbow.
In case of an amputation of both arms, you could get a claim ranging from £183,000 to £228,000.
Basic Components of a Personal Injury Claim
Simply put, personal injury claims has the following parts:
- Duty of Care on the Part of the Defender: This means that the defender (the accused) had a duty towards ensuring safety of another person and their action or inaction has led to violation of the safety rights
- Breach in this Duty of Care: This part establishes that negligence of the defender has brought harm for which he needs to provide compensation to the claimant (also called the plaintiff). You will be required to prove this with the help of solid evidence and this will determine the success of your claim.
Time Frame to Apply for Compensation Amount
In my observation, it is best that you apply for compensation for your broken arm immediately after a medical diagnosis is made. In the UK, a three year time frame is however provided to the claimant; starting from the time the injury became known.
Determining the Claim Amount
A broken arm payout attempts to cover all medical costs plus an additional amount for the pain and suffering the injury brought to the person.
The claim amount can at best be estimated and there are methods that can help you reach a figure to negotiate from. If the case goes to trial, the final figure will ultimately be decided by the jury.
How Bad is it? (Types of Fractures Explained)
The most commonly encountered fracture types are listed below for your understanding:
- A hairline fracture is a small crack or severe bruise within a bone
- A stable fracture is when the broken bone is barely out of place
- An open or compound fracture is when the broken bone pierces the person’s skin
- A comminuted fracture is when a bone is crushed into more than two pieces
- A transverse fracture is a horizontal fracture line through the bone.
- An oblique fracture has an angled break line.
Other Complications with Your Injury that Could Impact the Claim Amount
The payout amount in a compensation claim also accounts for any additional suffering that may accompany a broken arm. There are long term impacts of an injury, in the form of developmental defects, to be considered in case of a child. Any injury to a local nerve or blood vessel, arthritic changes or stiffness, for instance are all liable to payment in the claim.
Why do the amount of compensations vary?
The compensation calculation process is tailored based on your personal circumstances.
Your amount of compensation could be divided into two categories.
- General Damages: for the physical damage you have sustained.
- Special damages: such as loss of earnings and the expense incurred for your treatment.
Moreover, your payout could depend on:
- If your arm injury has hindered your ability to carry out every day tasks.
- In case your arm injury has decreased your quality of life.
To get an idea, think of it like this: an arm injury affects an artisan very differently from how it affects a supervisor. And a daily wager’s losses for the same number of days that he doesn’t go to work will not be the same as those for a person with paid leave from work.
Other determinants are:
- Injury severity: While most injuries require a cast, some complicated ones may require one or multiple surgeries. Limb amputation or surgical treatment gets higher compensation for injury.
- Pain and suffering factor: It is also a practice to multiply the medical expenses with a factor (for example 3) that denotes a scale estimate for the sufferings caused by the injuries to a person.
- Predisposing conditions: The claim amount decreases if the claimant had increased chances of a bone breaking due to a prior fracture or a medical condition.
- Other associated losses
What expenses can be claimed?
General damages constitute medical expenses and the income losses for the number of days you couldn’t go to work. Apart from that, a well-administered claim might cover the following costs:
- Travel expenses: expense incurred during your treatment
- Care assistance: any help you hired for the tasks you could not do yourself because of injury for example childcare, a physiotherapist etc.
- Equipment purchases: tools required for your treatment
- Property damages: such as a car accident
- Medical expense: expense incurred on your medicines, or medical follow ups
- Loss of earning: the amount of expense incurred on your treatment
- Psychological damage: in case your require counselling after your damages
- Loss of income: in case your injury has hindered your ability to work
- Ongoing expense: for long term medical assistance
Your solicitor will evaluate the severity of your case and make the compensation claim for you.
What to do to maximize a compensation claim?
Your claim has far higher chances of getting a maximum compensation for the arm injury if you make sure you have these:
- Notes of the event: I would recommend you to note down the events surrounding your arm injuries
- Photograph evidence: It is really important to photograph your injury as well as the site of the accident immediately after the incident
- A police report: In case of roadside or public place accident, this adds substance to your arm injuries claim
- ID of witnesses and their contact information
- Medical record: A doctor’s report stating the nature and cause of your injury
- Finance record: Account of related expenses that were associated with the broken arm and its treatment
How To Know Who Pays For The Injury?
An experienced personal injury lawyer might help you ascertain who is responsible for your injuries. The responsible party has to agree to an insurance settlement to pay for the general damages.
Injury At Workplace
Your employer is required to provide proper personal protective equipment and an up to date training as well as carry out a risk assessment analysis. In case you sustained the injury at work, you could file against your workplace or the employee whose negligence caused the injury.
However, you need to provide documentation of your work environment and the type of work you do.
Injury At Public Place
In a place open to the public, the duty of care rests with the council and local authorities to ensure safety measures. The amount for injury claims in this instance are referred as public liability claims. In fact all businesses and organizations in the UK are bound to have a public liability insurance that covers claims for accidents on their premises.
You could be able to file against the third party whose negligence caused you to sustain the injury.
Injury in Road Traffic Accident
The driver of the vehicle is usually held responsible for your broken bones if reckless and negligent behaviour is proven. In some public transport scenarios, the transport company too might have to pay the damages.
However, the compensation amount may depend on how much the accused is able to pay.
The Most Crucial Thing in a Personal Injury Claim
Even though the cause of your injury might be pretty obvious, the burden of proof lies with you. This means you will have to provide solid evidence to get much compensation for your case.
This might be the sole determinant of the success of your claim. Failing to do so can risk your arm claim not being entertained.
Frequently Asked Questions about Broken Arm Compensation (FAQs)
Here are a few most commonly asked questions about this subject matter.
How much compensation can I get for multiple broken bones after an accident?
For multiple fractured bones in the arm, you could get an amount ranging from £13,700 to £28,000.
However, an accident could result in more than just an arm fracture.
In case of a leg injury, your broken leg compensation payouts could range between £6,900 to £21,100.
Furthermore, you could use an online ankle injury compensation calculator to get an estimated amount for your injuries.
Will I get paid for a minor fracture of the arm?
Even a broken thumb or a scaphoid (wrist bone) can take weeks to heal and keep you from work. You can file a claim to be compensated in this case.
Can I sue for a broken arm?
Yes, you can pursue a lawsuit provided your legal advisor recommends it and the party at fault does nor reach a fair settlement.
Can I still make a claim even if I was under 18 when I broke my arm?
In the UK, a parent or guardian can apply for your broken arm compensation on behalf of a minor. The person applying for you is termed as a ‘litigation friend’.
Once you are 18, you have 3 years to apply for the compensation yourself.
Is it necessary to reach out a personal injury claims company?
Even though an experienced personal injury solicitor makes the entire process easier, you are under no obligation to hire one. Moral reasoning demands that there should be no legal binding with provision of free initial consultation. Otherwise you can very well launch a claim on your own.
Can I claim if I was partly responsible for an accident?
The term contributory negligence is used for when the injured partly shares responsibility for his broken bones. If this is your case, you might still be entitled to get compensated for a percentage of the total damages by the court. This will be proportional to the blame that can be placed on the defender after analysis of the details of the incident.
In case you have sustained an arm injury after an unfortunate accident you could be entitled to a number of compensations.
I can assure you that there is no need to be worried. Accidents happen and people usually get settlements for their pain, suffering and loss of amenity through compensation claims.
You can follow the tips listed above to get fairly compensated for your injuries.
Based on experience, an arm injury is sure to be compensated if it is corroborated with a medical report and photographs of the incident.
Moreover, the most reputed solicitors could offer to take up your case on a no win no fee basis. Consult an expert before proceeding with any step.
I understand that the money can not possibly make up for your loss. However, I guarantee it will help you get through your misfortune until you are ready to resume your lifestyle.
If you require more information, feel free to contact us.
Some reference sites to consider: