Hayley Devlin LLB
Legal writer and former solicitor
Broken Arm Claims
Does your claim qualify? Get free, no obligation advice!
If you have suffered a broken or injured arm and it was not your fault, you could claim compensation from those responsible.
It’s not until you’ve fractured your arm that you realise just how much you use it throughout the day. An injured arm is painful, and if fractured – can leave you unable to carry out your normal tasks.
While an arm injury may be the result of mere carelessness, it is often the case that arm injuries are caused by someone else’s negligence. You may have to have time off work while you recover and you may be facing the prospect of further treatment and rehabilitation.
Thankfully, if someone else was to blame, arm injury compensation can make a significant difference to the quality of your recovery. In serious cases, for example, a compound fracture and significant soft tissue injuries, you could claim substantial compensation for a broken arm to reflect the extent of your injury and the impact on your life.
The risks of an accident causing a fractured harm range from a car accident and accidents at work, to slip and trip accidents and accidents in supermarkets and leisure centres. In most of these circumstances, there is a duty of care owed to other people and if that duty is breached and an arm injury caused – those responsible can face arm injury claims.
So if you or a loved one has suffered a fractured arm, wrist or shoulder and you think someone else was to blame, you could make a no win no fee personal injury claim. With specialist help from legally trained advisers, call 0800 234 6438, or if you prefer, you can request a call back using the claim form here.
FACT
After the clavicle (shoulder bone), the two most common broken bones in the body are the arm and the wrist
Assuming your personal injury solicitor believes you have a reasonable chance of winning your claim, they will take it on a no win no fee claims basis. This means the financial risk to you of claiming for an arm injury is removed and you don’t need to worry about how much your claim will cost.
This is because under your conditional fee agreement, you will not have to pay out any legal fees or costs if your arm injury compensation claim is unsuccessful. If you win, you will receive your compensation and, out of the sum you receive, you will pay what is known as a solicitor’s success fee. This will never be more than 25% of what you recover for your arm fracture.
To take the first step in the no win no fee arm injury compensation claim process, simply call 0800 234 6438 for a no obligation consultation with a specialist personal injury solicitor. They’ll talk you through your accident, explain your options and partner you with a specialist team of lawyers experienced in personal injury claims. They will be regulated by the Solicitors Regulation Authority – giving you much needed peace of mind during the arm injury claims process.
Broken arms and other upper arm injuries are surprisingly common, yet many are avoidable. In fact, figures suggest wrist fractures alone affect 100,000 people per year in the UK. Few bone fractures in the arm are the same for all. If you think you may have a broken or fractured bone in your arm or wrist, or you’ve sustained an arm injury and are in a lot of pain or experiencing swelling, the advice is to seek medical attention as soon as possible.
The bone structure in the arm is made up of the wrist, three main bones, the elbow and the shoulder. The two forearm bones – located between the wrist and elbow – are the ulna and the radius; the upper arm bone is called the humerus.
The location and nature of a fracture or other arm or elbow injuries may vary and, depending on your physical condition and the nature of the arm injury , recovery and rehabilitation may vary significantly. Severe injuries to the humerus may be more serious than lower arm injuries. However, your arm injuries compensation pay-out will reflect the actual injury you’ve suffered and the wider impact on your life.
The most common arm injuries involving a fracture are:
Closed fractures are the most common and, thankfully, the most straightforward of arm fractures. A closed fracture happens when the bone snaps or is cracked, but no wound is made through the skin. Closed fractures are usually the easiest to treat, usually involving around six weeks in a plaster cast to immobilise the arm while the bone heals.
Most people fully recover from a closed fracture and return to normal daily life.
Open fractures are far more serious than a closed arm fracture, and happens when the bone fractures to the extent you suffer from an open wound. Sometimes the bone punctures through the skin and can be accompanied by muscle tears. Open fractures are significant injuries usually caused by trauma, such as in a road traffic accident or falling from a height. They are extremely painful and need urgent medical treatment.
In some cases, there is an increased risk of infection with open fractures and you might need surgical cleaning. Surgery is probably necessary, with rods and screws inserted to hold the bone in place while it heals. In the worst cases, an artificial joint may be inserted.
Displaced fractures of the arm occur when the pieces of broken bone are misaligned. The injured person will most likely need surgery to move the bones back into position and make sure the bone heals properly and straight. Metal rods and screws may well be needed.
This happens when the bone is shattered into at three or more pieces.
This is where the bone has bent and is most common in children as their bones aren’t as strong as an adult’s. Immediate treatment is needed to minimise the risk of deformity.
A small, hairline crack in the bone which is often caused by continuous overuse or repetitive force, eg squash or hockey.
A fracture when there’s a straight break horizontally across the bone.
This occurs when the bone fragments go into one another, resulting in a shorter bone.
These fractures occur when the break goes diagonally across the bone. It’s relatively easy to treat and is similar to a transverse fracture.
If the fracture twists around the bone, it’s known as a spiral fracture.
When your bone snaps into more than two pieces, it’s known as a comminuted fracture. Most people will require surgery.
In many cases where there has been serious accidents, the injured person may sustain multiple injuries in addition to an arm injury. If you’ve suffered non-accidental injuries, the most important step you can take to start your broken arm injury claim is call 0800 234 6438, or if you prefer, ask for a call back using the claim form here.
It’s more than likely you’ll know it if you’ve fractured your arm or wrist – many people feel or hear the crack when it happens. It’s an unpleasant experience, not to mention extremely painful and your accident and emergency department will give you the medical treatment and advice you need.
Sometimes, you may fracture your arm and not realise it though it would be unusual not to feel any pain at all. The NHS highlights the three most common signs of a bone fracture: physical pain; swelling; and deformity – such as bent ‘in the wrong place’. You may also (or instead of) have swelling and bruising; pain when the area is touched or pressed; or perhaps significant pain when moving it. It may also be numb or tingling.
A fractured humerus may make it difficult or impossible to move your shoulder, even more so if you’ve also suffered shoulder injuries or elbow injuries.
Shock can also accompany a fractured arm, especially in the case of severe injuries. The tell-tale signs of the physical shock include feeling sick and nauseous, but this will subside.
FACT
There are a total of 30 bones in the human harm, including the wrist and hand
Bone fractures, including broken and cracked arms, can be caused by numerous incidents ranging from serious car accidents to work accidents and falls from a height. We’ve all been in situations where we have been involved in an accident, slipped on ice, fallen from a slide or a wall – but have escaped with barely a scratch.
Unfortunately, some people are not so lucky and in a split second can have an unexpected accident and suffer a fractured wrist or arm. If your broken arm happened because you were careless and no one else was to blame, you probably won’t be able to make an arm injury claim. However, it’s important not to assume that you were solely responsible – specialist solicitors will be able to look at the full circumstances of the arm injury and advise whether someone else should legally be held responsible.
The usual causes of fractured arms are negligence and breach of duty (find out more about making medical claims), but they can also be caused where the individual has an underlying conditions, such as osteoporosis. The most common causes of accidents that result in broken or fractured bones, including the arm, include:
Workers with a largely manual role are more at risk of bone fractures than, for example, office workers. Those working on construction and building sites, in factories and warehouses are particularly at risk. Even so, employers must always follow the relevant health and safety regulations to protect their employees from the risk of injury/fatal accident – or risk an injury claim if one of their workers gets injured.
It’s not uncommon to suffer a leg or arm injury while playing sports, particularly in contact sports such as rugby and football. A sporting injury is not always a ‘simple’ accident and could be considered negligent if insufficient care has been taken ahead of the activity taking place. That could amount to a poorly maintained playing surface, not being provided the correct safety equipment or the organiser providing faulty equipment.
Gym instructors are legally responsible for ensuring clients’ safety by teaching them how to use equipment properly. The equipment should also be properly maintained to reduce the risk of arm injury. If you’ve suffered a fractured arm or wrist while using weights or other gym equipment or after tripping over equipment left on the floor, you should be able to claim arm injury compensation.
An excess force exerted on your arm could cause a fracture. This type of traumatic incident may involve, for example, a fall from a height, a collision with a vehicle or a heavy object, falling over onto your arm or a heavy item flying in the air and hitting you. If this happened through no fault of your own, take specialist legal advice about your prospects of bringing a successful arm injury claim.
Car accidents, unless minor, are often the cause of broken arms and other injuries because of the speed and force usually involved. If you’ve been involved in a road traffic accident or any road traffic situation where you’re not at fault, and someone else was negligent and should be held accountable. In these cases, you can start a personal injury claim for arm injury.
Local authorities are responsible for ensuring the pavements on the public roads, other walkways and car parks that they look after are kept safe to walk on. The same goes for dedicated cycle paths. Where councils fail in their duty of care towards you as a member of the public, and you trip or fall over and suffer injury, you could be eligible for compensation.
If your arm fracture happened on private land or property and it was someone else’s fault, you could be entitled to claim compensation from the owner or occupier of the property. It is important to take specialist legal advice about your legal rights to make a claim – whether that’s against the local council or someone else under ‘occupiers’ liability’ laws.
FACT
In 2022, Glasgow City Council received several personal injury compensation claims, including for a broken elbow and a broken wrist, from people injured while using an allegedly dangerous cycle lane.
We all know that children are accident prone. But that does not mean accidents involving children are inevitable. The fact remains that anyone who provides and operates play equipment for children, whether that’s in a council run park, a private children’s play area or in school, has a legal duty to ensure children are kept reasonably safe from the risk of injury. This includes ensuring the equipment is properly repaired and maintained. If a child suffers injury such as a fractured arm as a result of poorly maintained equipment, they could be entitled to make an arm injury claim.
Find out more about making playground injury claims.
Child abuse takes many different forms, including physical abuse which can lead to severe injury, including arm injuries. It may be deliberate or the result of neglect, but no form of child abuse is acceptable. In some situations where children are finally removed from the danger, those children might be able to bring compensation claims against the authorities if they negligently allowed a child to remain with their parents/carers in a dangerous environment. Such compensation claims are often particularly challenging but not impossible and specialist advice from experienced child abuse injury lawyers should be sought.
Conditions that weaken the bones, such as osteoporosis and advanced bone cancer, increase the risk of a broken arm. This type of fracture is known as a pathological fracture.
If you’ve broken your arm and it wasn’t your fault, it’s straightforward to begin the arm injury claims process today. Get in touch with a legal advisor for free advice and in complete confidence on 0800 234 6438. They’ll let you know whether they think you’re eligible to make out an arm injury claim, and can then pass you on to a specialist personal injury solicitor.
FACT
1 in 2 women and 1 in 5 men over the age of 50 will break a bone because of poor bone health, such as osteoporosis
Fortunately, with the correct initial treatment most fractured arms heal relatively quickly without further complications. You may need further rehabilitation such as physiotherapy or occupational therapy, but soon you’ll be back to normality.
In less straightforward cases, such as compound fractures and shattered bone incidents, recovery can be more challenging. You could be left with permanent and substantial disablement – and in the worst cases, you may have a significant disability even after surgery. The potential problems associated with the most serious types of fractured arms include:
A fractured arm is not always straightforward. Not everyone fully recovers. Thankfully, your compensation claim will take into account the full impact of your injuries on your life and your solicitor will recover maximum compensation for you.
Most children and young people who are strong and health are not, thankfully, susceptible to bone fractures. But ,any older people have conditions that mean they are more likely to suffer a bony injury – known as ‘fragility fractures’ or pathological fractures. These conditions include:
While these conditions may mean you are at a higher risk of a fractured arm, it does not make you any less entitled to claim compensation if someone else was to blame for the incident.
Yes, if your arm fracture was someone else’s fault – there will most likely be a third party who will be held legally responsible. Whether your injury occurred at work, in a leisure centre or in a car accident – if a third party is to blame, you should be entitled to start claiming compensation for negligence.
To prove that someone was negligent, your solicitor will have to demonstrate on balance that they had a duty of care toward you; they breached that duty; and your injuries were foreseeable and were the direct result of negligence.
Your personal injury solicitor will talk you through how arm injury compensation claims are conducted; and tell you what information they will need to prove your case. The most important step you can take is to call on 0800 234 6438, or if you prefer, you can request a call back using the injury claim form here.
Your employer has a legal duty to ensure the workplace is safe from the risk of death/personal injuries to its workers. Their general responsibilities towards worker safety are set out in the Health and Safety at Work Act 1974 and other laws. One of the key duties is to undertake initial and ongoing regular risk assessments and to swiftly deal with any health and safety risks identified – so far as they reasonably can.
For example, if there are vehicles moving around on a construction site, appropriate warning signs should be strategically placed to ensure workers walking on site are aware of the safety hazard.
In addition to general health and safety rules, there are specific rules relating to certain types of work. For instance, the Work at Height Regulations 2005 requires employers to ensure work at a height is properly planned and supervised, including providing the right equipment for use.
Where employers fail to take adequate steps to protect workers from the risks and someone suffers an arm injury or other injuries as a result, they can expect to face a personal injury compensation claim.
If you’ve been injured at work, it’s wise to check that your employer has recorded the incident by way of accident report forms; and has also made a formal report of the incident to the Health and Safety Executive. This is because under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), arm and wrist fractures must be reported. The report and any subsequent investigation will be important evidence in your arm injury claim.
To start claiming arm injury-type compensation following a workplace accident, call for a free consultation on 0800 234 6438, or if you prefer, you can request a call back using the claim form here.
FACT
95% of major slips in the workplace result in fractured bones
We understand that for many injured workers, the prospect of claiming arm injury compensation from employers is daunting – particularly if they are still working for the business. However, it’s reassuring to know that your employer has liability insurance to protect them in the event of a workplace accident that leads to a legal claim.
Successful broken arm compensation claims following accidents in the workplace are, therefore, paid out by employers’ insurers and not out of their profits.
You’re also legally protected from being badly treated or sacked simply because you’re making an arm injury claim. If you feel you’re being harassed or victimised because you’re claiming compensation for a workplace injury, do tell your specialist solicitors because you may be able to make an additional claim under employment laws.
Missed fractures or misdiagnosis of a fractured arm are not uncommon but they should not happen. Likewise, fractures are not always properly treated leaving the injured person with the prospect of ongoing pain and corrective surgery. The fact is, emergency and orthopaedic doctors are professionals who are highly trained and able to identify and treat fractures.
The likelihood is, if you’ve suffered a fractured arm but it wasn’t picked up when you first sought medical treatment, or you weren’t given the appropriate medical treatment, you may be able to start a claim for medical negligence.
The initial investigations and treatment you receive for an arm injury should start with the doctor asking you about the accident itself, your medical history and your experience of pain, movement etc. They should then properly examine you before an x-ray is taken. Common fractures, such as closed fractures or stress fractures are not so easy to diagnose at first examination – but x-rays would frequently pick up the fracture. Depending on the circumstances, it may be appropriate to refer you for a CT or MRI scan (it could be negligent not to do so).
Unfortunately, misreading an x-ray so that a fracture is not detected is one of the most common mistakes made in A&E departments – the consequences for the injured person can be serious, including further damage to the bone and surrounding tissue.
Greenstick fractures in children should be diagnosed promptly and treated with care because of the risk of deformity and potential nerve damage. Again, the right questions about what happened and subsequent investigations are important to ensure the right treatment is provided.
A negligence claim may also be appropriate where you’ve been poorly treated following a broken arm, for example if surgery was poorly performed or an operation should have been carried out, but wasn’t. Even where surgery and further treatment is advised, the associated risks should be clearly explained to you so that you are able to give informed consent. If this does not reflect your situation and you’ve suffered further problems as a result, it’s only fair that you should be able to claim arm injury compensation.
All those who have experienced fractured arms or other injuries who believe they’ve been let down by medical professionals should be able to bring arm injury compensation claims if they’ve suffered further harm. The important thing is to discuss your situation with a personal injury law firm who can provide free legal advice on claiming on a no win no fee basis following an arm injury.
If you have an underlying condition that puts you at greater risk of a fractured bone, and you have sustained an arm injury, it is vital that you don’t assume there’s nothing you can do if someone else caused the accident. The fact that you may have, eg osteoporosis or arthritis, making it more likely you could sustain an arm injury, makes no difference whatsoever to whether someone else should be held legally responsible.
This is a long-established legal principle which is often known as the ‘eggshell’ or ‘thin skull’ rule. It means the existing frailty or weakness of the injured person is not a valid defence to a claim for compensation.
This will be very reassuring to all those who have suffered arm injuries through no fault of their own. To take the first step to claiming arm injury compensation, get in touch on 0800 234 6438 for a no obligation consultation with experienced personal injury solicitors. Alternatively, you can request a call back using the claim form here.
FACT
Osteoporosis causes more than 8.9 million fractures annually across the entire world
One of the first steps you should make to claim your compensation is speak to an impartial legal advice service to ensure you don’t waste money on unnecessary legal fees that might leave you in debt. A trained legal adviser can assess your particular case and let you know if you can make a claim.
Assuming you can – they will partner you with a specialist solicitor experienced in no win no fee claims. All you need to do is call 0800 234 6438 for free legal advice about your arm injury or, if you’d rather, request a call back using the claim form here.
Your solicitor will ask you for details as to whether your arm injury is mild or serious and how it is impacting your life. They will then start to gather the evidence needed to build the strongest possible arm injury case on your behalf, giving you the best chance of a successful compensation claim. To make this as speedy as possible, you should pass on the evidence you have, such as photographs of the scene and of your injury; names and contact details of any witnesses; and any accident reports made to, eg your employer.
Once your solicitors have the necessary evidence, they’ll contact those responsible for your injury, put your case forward and attempt to negotiate a compensation settlement. Fortunately, most successful arm injury claims are concluded by reaching a fair settlement with the other side.
However, while most do people want to settle arm injury claims outside of the courtroom, occasionally a negligent party might refuse to come to an agreement – or even admit responsibility. This means a court hearing may become necessary, but your solicitor will represent you throughout any proceedings and work hard to get you the best possible outcome.
If you’ve been unfortunate enough to fracture your arm and, possibly, suffered further injuries which were not your fault, you can begin the claims process today. Get in touch with a legal advisor for free advice and in complete confidence on 0800 234 6438. They’ll let you know whether they think you’re eligible to make an arm injury case, and can then pass you on to a specialist personal injury solicitor.
In personal injury compensation cases, you can claim compensation for your pain and suffering and ‘loss of amenity’. These are known as ‘general damages’ and reflect the injury itself and the wider impact on your life, for example if you’re left unable to drive or play your favourite sports.
In addition, when making arm injury claims you can claim for your reasonable financial losses caused directly by the injury. These are known as ‘special damages’.
As no two fractured arm cases are the same, we’re not able tell you exactly how much you might get for a broken arm or other arm injury before starting your claim. However, once your arm injury claims solicitor has the full picture of your injury and the emotional and financial effects on your life, they will be able to discuss your potential compensation with you.
You can be assured that they’ll work hard to make sure you receive the maximum arm injury compensation you deserve.
Broken and fractured arms are rarely the same – some heal quickly while significant fractures can lead to long-term mobility problems. This means it may be difficult early on to estimate how much in the way of general damages you might win – there’s no average settlement that is reached for arm injury claims. If you’ve suffered other injuries these will also be taken into account by your solicitor when calculating how much compensation you deserve.
While in some cases it will be too early to give guidelines figures for your broken arm, there are official guidelines – the Judicial College Guidelines (2022 edition) – which personal injury lawyers refer to when calculating compensation amounts. For example:
You could also try our online compensation calculator here for an initial estimate of how much compensation your arm injury compensation claim may be worth – but bear in mind it should only be treated as a guide (especially if you also have other injuries). Your specialist personal injury solicitors will discuss this with you in more detail.
In addition to compensation for your actual injuries, you can claim additional compensation if you’ve had to pay out for anything as a result of your arm injuries, or you’ve had to have time off work. Your solicitor will make sure your claim includes what’s necessary in order to effectively refund you to ensure you’re not left out of pocket. Special damages covers items such as:
To make it as easy as possible for your solicitor to claim these costs, make sure you hang onto any receipts, invoices and pay slips. These will be used to prove how much compensation you should claim to recover your financial losses.
Yes, medical evidence is almost always necessary to support someone’s personal injury claim. This is why it’s vital to seek medical advice and treatment as soon as you suspect you have a fractured arm or other injuries. The initial medical notes and records will be crucial to your claim.
It’s also likely you will need to attend a medical assessment with a specialist expert, such as an orthopaedic consultant. The doctor will discuss your injury with you, examine you and write a report setting your prognosis and the impact on your life, and whether further treatment or therapy may be necessary.
You don’t need to worry about organising or paying for this as your solicitor will do this on your behalf under the terms of your no win no fee agreement.
Yes, most personal injury claims must be started within three years from the date of the accident. However, if the injured person is under 18, the three-year time limit does not start to run until they reach 18. That said, it’s important the claim is started on their behalf as early as possible while events are fresh in your mind and witnesses can still be contacted.
If the individual lacks mental capacity , the three-year time limit is extended – it does not start to run until they regain their mental capacity.
CASE STUDY
An engineer whose arm was dragged into a machine and crushed, leaving him disabled, was awarded £125,000 in compensation. His employer, United Closures and Plastics, blamed Robert Faulds for the accident but later admitted health and safety failures.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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