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Can I Claim Broken Humerus Compensation?

Last updated 24th October 2024. Did you suffer a broken arm? Are you wondering if you could make a personal injury claim for broken humerus compensation? If so, this guide may provide you with the sort of information and advice you need.

Our guide explains how to prove you have a valid reason for claiming compensation if your injuries were caused by someone else’s error or negligence. We provide information on the sort of accident that could lead to you breaking an arm, and how you could have grounds to seek damages. Furthermore, we explain how a No Win No Fee agreement works.

In addition to this, our guide offers advice on how much your claim could be worth in general and special damages. You will also find out about statutory time limits linked to personal injury claims and how these may vary.

A man with his arm in bandages and a sling.

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To begin a broken humerus compensation claim today, just contact a member of our team on our freephone number, which is 0800 073 8804.

If you prefer, please continue reading our guide for more information on claiming compensation for a broken humerus.

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What Amount Of Broken Humerus Compensation Could I Receive?

If your broken humerus claim is successful, you could receive compensation for up to two heads of loss. These heads of loss are called general and special damages. 

General damages cover the physical and psychological effects of your broken humerus injury and are awarded in all successful personal injury claims. When this head of loss is being calculated, legal professionals take into consideration factors such as:

  • Loss of amenity. 
  • The length of the recovery period. 
  • The severity of the pain. 

You may be asked to attend an independent medical assessment at some point during the claims process. Legal professionals can use the reports from this assessment, and the Judicial College Guidelines (JCG), to also help them calculate this head of loss. 

The JCG is a publication that contains guideline compensation brackets for different types of injuries and illnesses. 

Guideline Compensation Table 

In the table below, there are some injuries relating to a broken humerus. These injuries and their accompanying guideline compensation brackets have been taken from the JCG (except for the top figure, which is not from the JCG).

However, since each claim for a broken humerus has unique circumstances, none of these figures can be guaranteed for your specific case. 

Type of injurySeverity of injuryPotential Compensation Payouts (based on Judicial College Guidelines)
Multiple serious injuries with special damagesSeriousUp to £500,000+
Amputation of armLoss of one arm (b) (i)Not Less Than £167,380
Loss of one arm (b) (ii)£133,810 to £159,770
ArmSevere (a)£117,360 to £159,770
Permanent and substantial damage (b)£47,810 to £73,050
Less severe (c)£23,430 to £47,810
Simple forearm fracture (d)£8,060 to £23,430
Shoulder Severe (a)£23,430 to £58,610
Serious (b)£15,580 to £23,430

Special Damages

Special damages cover the financial effects of your broken humerus injury and are awarded in some successful personal injury claims. Some financial losses that could be suffered include:

  • Loss of earnings if you miss work to recover from your broken humerus. 
  • Medical expenses, such as paying for prescriptions and painkillers. 
  • Travel expenses to go to and from hospital appointments. 

In order to receive special damages, you must provide sufficient evidence of your injury’s monetary effects. Such evidence can be payslips, receipts, bank statements, and invoices. 

To learn more about how broken humerus compensation is calculated, contact our team today. 

How Do I Make A Valid Claim?

To be eligible to claim compensation for a broken humerus, negligence must have occurred. Negligence is when a third party breaches their duty of care, and this results in you getting injured. 

Depending on where you are, there are multiple third parties that could owe you a duty of care:

  • At work. The Health and Safety at Work etc. Act 1974 states that all employers owe all of their employees a duty of care while they are at work. To comply with this duty, they must take reasonable steps to ensure that their employees are safe and are at minimal risk of injury. Some of these reasonable steps include conducting regular risk assessments, providing adequate training, and providing adequate Personal Protective Equipment (PPE). 
  • In public. The Occupiers’ Liability Act 1957 states that anyone who controls a public space (known as an occupier) owes a duty of care to all members of the public who lawfully visit their space. To comply with this duty, they must take steps to ensure that the public is reasonably safe and at minimal risk of injury. Some of these steps include putting out warning signs for risks that cannot be removed, responding to reports of hazards as soon as possible, and conducting regular risk assessments. 
  • On the road. All road users owe a duty of care to one another. To comply with this duty, all road users must follow the rules in The Highway Code and The Road Traffic Act 1988 to ensure that one another are at minimal risk of injury. Some of these rules include not exceeding the speed limit, not using your mobile phone at the wheel, and not driving whilst under the influence. 

As such, you may be eligible to claim broken humerus compensation if you can prove each of the below criteria:

  • You were owed a duty of care from a road user, an occupier, or an employer. 
  • This duty of care was breached. 
  • As a result, you were injured. 

Please contact us today to confirm the eligibility of your potential broken humerus claim

Personal Injury Claim Time Limits

The Limitation Act 1980 linked to personal injury claims establishes how long you have to start a claim. That said, you normally have 3 years in which to start a claim. The exceptions to this rule are explained below:

  • A claimant does not have the mental capacity to make a personal injury claim themselves
  • The claimant is still a minor under the age of 18 which means they have up till they turn 21 years of age to file a claim for broken humerus compensation

That said, a court can appoint a litigation friend to file a claim for anyone who lack the mental capacity to make one themselves. A litigation friend can also be appointed when a minor under the age of 18 is injured and wants to make a claim before they turn 18 years of age.

Call today and speak to one of our friendly advisers. They can provide you with free legal advice, review your case, and let you know if your claim is valid. Once an adviser finds you have grounds to sue, they will connect you to a No Win No Fee solicitor.

Which Treatment Should I Receive For This Injury?

The sort of treatment you receive would depend on the severity of the break you sustained and whether any bones are exposed. Furthermore, the initial treatment you receive would be in the Accident and Emergency department of a local hospital. When you are seen by a doctor they may:

  • Make a detailed assessment of the fracture to the humerus you sustained. This would be a physical examination.
  • Followed by several x-rays.
  • Surgery carried out if needed
  • Or immobilisation and plasterparis.

The doctor may also want to carry out further tests which could include any or all of the following before deciding on a definitive treatment:

  • MRI scan
  • CT scan
  • Ultrasound

Call today and speak to a member of the Legal Expert team. One of our friendly advisers can answer any questions you have about the personal injury claims process and they can assess whether you could seek broken humerus compensation.

What Are The Symptoms Of A Humerus Fracture?

NHS advice for a  broken arm or wrist is that you should seek medical attention as a matter of urgency. If you experience any of the following symptoms, you should go to the nearest Accident and Emergency department to be diagnosed and treated:

  • Your arm is extremely painful
  • There is a large amount of bruising and swelling in the affected arm
  • You have lost the use of your arm because of the pain you are experiencing
  • The bone is at an odd angle
  • The bone is exposed

You will be treated by a doctor in the Accident and Emergency department of the nearest hospital.

Where Could I Suffer A Broken Humerus?

You could suffer a broken humerus in a number of ways whether in a road traffic accident, sporting incident, or in workplace accident. You could fall and break your arm in a public place like a shop or supermarket. As we have previously mentioned to be able to make a claim the accident has to be at least partially not your fault. You must be able to show the liability of a third party that owed a duty of care but failed to uphold this.

Ways people could potentially suffer a broken arm:

  • Fall from a height
  • Slip, trip and fall over something
  • Play contact and other sports
  • Crushed hand by machinery or equipment in the workplace

People could also suffer broken arms when they are in a road traffic, motorbike or cycling accident. If you broke your humerus in another sort of incident, please get in touch. A member of our team will review the details of your accident and offer you free legal advice. If they establish you have good cause to sue for damages, they will put you in touch with one of our solicitors. Please note, all our solicitors work on a No Win No Fee basis.

Is It Common For This Injury To Happen?

Below we have put together a list of the most common non-fatal injuries of accidents that happen in workplaces according to RIDDOR 2020/21:

  1. Slips, trips and falls on the same level account for 33%
  2. Lifting, handling and carrying amount to 18%
  3. Employees who were struck by a moving object accounted for 10%
  4. Those who suffered injuries because of a violent act 8%
  5. Injuries caused by falling from a height 8%

Technically all of these accidents have the potential to cause a fractured bone. These figures show us the type of accidents that happen in the workplace and are reported under RIDDOR. What they do not show is the number of accidents that could have been avoided.

Which Obstacles Could Stand In My Way From Claiming Broken Humerus Compensation?

Without enough evidence that you were injured in an accident caused by a negligent third party, your case may struggle. As such, you must gather as much proof as possible to support your case. However, there are other obstacles that could prevent you from making a successful claim. This includes not following the pre-action protocols attached to personal injury compensation claims. Another pitfall you may encounter is if you wait too long to file a personal injury claim. If you fail to respect the statutory time limit, your case may not be accepted simply because you ran out of time.

By contacting Legal Expert, you know you are in good hands and that any obstacles will be expertly handled. Our advisers and solicitors have the necessary legal knowledge to manage all type of personal injury claims. Just call our freephone number to speak to an adviser and find out how we can be of assistance.

What Are The First Steps Towards Making My Claim?

First and foremost, you should seek medical attention as a matter of urgency if you suspect you have broken your humerus. This is essential because the sooner you are treated, the better the outcome could be. If you cannot collect any evidence yourself, you can always ask a trusted friend or a family member to do this for you. As soon as you are able to, we advise contacting a solicitor for legal advice, and this is where we can be of assistance.

One of our friendly advisers will provide free advice on the sort of evidence you need to support a personal injury claim. This could include the following:

  • Photos of the injury to your arm
  • As many photos as possible of where you were injured
  • A copy of a police report if they attended an accident or incident
  • The detailed medical report from the doctor who treated you
  • Witness contact details

Which Are The Main Benefits Of Hiring A No Win No Fee Solicitor?

Many people worry that the cost of hiring a solicitor could be too expensive. They also find that the personal injury claim process daunting. When you work with Legal Expert, the process is made much easier. Furthermore, our solicitors work on a No Win No Fee basis. This means you won’t have to pay for their services upfront.

You only pay when you win your claim. The solicitor deducts their fee (success fee) from the amount you receive. If your personal injury claim for compensation for a broken humerus fails, you won’t pay anything for the services a No Win No Fee lawyer provided.

Call one of our advisers on our freephone number for more information. They will assess the details of your claim before advising you on how best to go forward. Our lines are open 24/7 and the first consultation is free of charge. When a member of the Legal Expert team finds you have good reason to sue, they will connect you to a No Win No Fee solicitor.

Speak To An Advisor At Legal Expert About Making A Claim

Please contact a member of our team today and find out whether you could claim broken humerus compensation. We will review your details, provide free legal advice and if we establish you have a strong case, we can connect you to No Win No Fee solicitor. This will take all the worry away of having to pay for legal representation upfront. Moreover, our solicitors will work hard to get you the right amount of compensation payout.

You can reach a member of the Legal Expert team in the following ways:

We offer a free, no-obligation, initial consultation to everyone who gets in touch. You can also read some reviews left by past clients we have helped achieve compensation payouts.

A solicitor explaining broken humerus compensation

Get More Information On Claiming Broken Humerus Compensation

Employers’ Liability Act (compulsory insurance) 1969

Health and Safety At Work etc Act 1974 

Occupiers’ Liability Act 1957

Road Traffic Act 1988

Other guides that can be found on our website

A comprehensive guide to workplace accident claims

Making a No Win No Fee personal injury claim

How to file a car accident claim