Humerus Fracture Compensation Claims In The UK
By Lewis Aaliyah. Last Updated 11th November 2022. The humerus is a long bone that makes up the upper arm and connects the arm to the shoulder joint. In an accident, the humerus bone can be broken. A break to the humerus may make it difficult for you to use your arm. For the pain, inconvenience and impact on your work and lifestyle that you suffer as a result, you could claim humerus fracture compensation.
Broken Humerus Compensation Claims In The UK
How to claim humerus fracture compensation
If you experience a fractured humerus in an accident that was caused by someone neglecting the duty of care they have towards you, you could be entitled to make a claim. You could be awarded compensation if you are able to provide proof that someone else’s negligence caused the accident that resulted in your injuries. We will look at the different scenarios in which you may have experienced a breach of duty of care.
A proper diagnosis is crucial for your recovery from a Humerus fracture. If medical negligence has led to a misdiagnosis, and as a result, you were made to suffer more than you would have if the injury had been diagnosed, you could be entitled to claim compensation for the avoidable harm and suffering you experienced. If you want to learn more about claiming compensation for a broken arm or for misdiagnosis of a fractured arm, contact us through the information below.
Get In Touch With Our Team
If you want to ask questions about what you have read here, or if you want to make an enquiry about making a compensation claim, you can contact our advice teams. Use the following methods to reach us:
- Our phone number 020 3870 4868
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Services And Information
- Everything You Need To Know About Humerus Fracture Compensation Claims
- What Is A Broken Arm Or Humerus Fracture?
- What Are The Parts Of The Humerus?
- How Do You Know If You Have Broken Your Arm?
- What Can Cause A Broken Arm?
- Broken Arm Compensation – How Is It Calculated?
- How To Diagnose Or Treat A Fractured Humerus
- What Is A Misdiagnosed Fracture Of The Humerus?
- Why Could A Broken Arm Be Misdiagnosed?
- Is There A Time Limit On Broken Arm Injury Claims?
- What To Do Next
- No Win No Fee Claims For Humerus Fracture Compensation
- About Related Claims
- Broken Arm Compensation Claim FAQs
Everything You Need To Know About Humerus Fracture Compensation Claims
There are a number of different scenarios that could result in your humerus being broken as the result of someone else’s negligence. You could sustain the injury in a car accident, in a slip, trip, and fall, or in an accident at work as the result of a breach of duty of care.
In this guide, we will look at what a break or fracture to the humerus is. We’ll also examine how to tell when you’ve broken or fractured your humerus.
Furthermore, we will look at how the compensation for a broken humerus is calculated. We will examine the different kinds of damages that can be taken into consideration when humerus fracture compensation is valued.
You may be wondering what treatment is available for a fractured or broken humerus. Our guide will look at this in closer detail, as well as examining how an injury of this kind may be misdiagnosed and how you could be owed compensation for this.
We will go on to look at the time limits associated with claims of this nature. Furthermore, we will look at No Win No Fee agreements and what advantages they can offer you in funding legal representation. We will also answer some commonly asked questions related to claims of this nature.
If you still have questions about anything covered in this guide, please don’t hesitate to get in touch with us. Our team will be happy to offer you free legal advice.
What Is A Broken Arm Or Humerus Fracture?
A fracture to the humerus can be very painful as a result of muscle spasms and the end of the bones moving. You may need to use a brace or sling for some time. As a result, an injury of this nature can have an impact on your quality of life.
There are a number of different ways that a bone can break, and these can affect the recovery time and treatment required for your injury. For instance, a non-displaced fracture is one in which the two parts of the broken bone don’t move out of place. However, in a displaced fracture, the bones move out of alignment. In these kinds of fractures, there is a risk of the skin or internal organs being pierced by the bone. Fractures of this nature may require surgery to heal.
The humerus is a long bone in the upper arm. The muscles of the upper arm, such as the biceps and triceps, are attached to it. The upper part of the humerus connects the arm to the shoulder joint, and the lower part connects with the elbow joint. This makes it crucial for the functioning of the arm. If it’s broken, this could cause you to lose the function of your arm until it heals.
The injury cannot be treated if a humerus fracture is not correctly diagnosed. A case of medical negligence resulting in a missed diagnosis could result in a longer and more painful recovery from the injury than if it had been diagnosed correctly. The effects of an undiagnosed fracture could leave you with permanently reduced use of your arm and chronic pain.
What Are The Parts Of The Humerus?
The humerus is the bone that runs the length of the upper arm from the shoulder, where it connects with the scapula, to the elbow, where it connects with the radius and ulna. These are the two bones that make up the forearm.
The rounded head of the upper humerus, where it connects to the shoulder, is called the head of the humerus. The middle portion is known as the shaft, and at the bottom is the distal humerus. The distal humerus makes up part of the elbow.
A proximal humerus fracture is when the ball of the “ball-and-socket” joint in the shoulder is broken. This can be caused when a person puts their hand out to break their fall.
A humerus shaft fracture is a fracture of the middle portion of the bone. Sometimes, a break to the humerus can also cause damage to the radial nerve, which is one of the main nerves in your arm. If this happens, it might affect your ability to move your wrist or hand.
How Do You Know If You Have Broken Your Arm?
It can sometimes be hard to tell if your arm is broken or if you’ve simply suffered a sprain or strain in your injured limb. However, there are a number of signs of a broken bone that you can look out for.
Some common signs of a fractured bone include:
- Swelling
- Pain
- Deformity
However, there may be other signs that you have suffered a broken humerus. For instance, you may notice a grinding or popping sound as the bone breaks. You may also find it difficult to move your arm or wrist without pain or tenderness. The pain caused by the injury may make you feel sick or dizzy.
Sometimes, but not always, you could be able to tell if a bone is broken by the affected area being bent out of its normal shape. In severe cases, the sharp broken ends of a bone could protrude from the skin. If this is the case, you should seek medical attention right away, as this could increase your risk of infection.
What Can Cause A Broken Arm?
Your arm bones could be broken in situations where too much pressure is put on them. This could be from a sudden impact, weight or strain being put on them, or too much repetitive strain and motion.
You may suffer a broken arm as the result of a slip, trip or fall. This could be the result of an accident at work or an accident in a public place. For instance, you may slip over a spill in work or while out in public that had not been cleaned up or signposted in a reasonable timeframe. This could result in you falling and putting your arm out to break your fall. In turn, this could cause you to break your arm.
The circumstances that caused your accident may be caused by a breach of the Health and Safety at Work etc. Act 1974 (in the case of workplace accidents) or the Occupier’s Liability Act 1957 (in the case of accidents that occur in public places). If this is the case, then you could be owed compensation.
Similarly, you may suffer from a broken humerus as the result of a road traffic accident. This could be because another driver failed to adhere to the duty of care outlined in the Highway Code.
For instance, a driver may pull out of a junction when unsafe to do so. This could cause you to be hit as a pedestrian at a junction. The impact could result in your humerus being broken.
No matter how your injuries occurred, if you can show that they were caused by the negligence of someone who had a responsibility to ensure your safety, you may be able to claim compensation. Get in touch with our team today for free legal advice.
Broken Arm Compensation – How Is It Calculated?
If arm injury claims are successful, the settlement could be made up of two heads of claim:
- General damages – relates to the pain, suffering or loss of amenity caused directly by your injuries. For example, you might have broken your humerus and been unable to participate in your usual hobbies.
- Special damages – covers any financial loss or damage caused by your accident or injuries. For example, your injury may result in you taking time off work to recover. You may be compensated for a loss of earnings if you keep evidence of this harm, like a pay slip or invoice.
The table below was created using the Judicial College Guidelines (JCG). Updated in April 2022, the JCG features compensation brackets relating to personal injuries such as a broken humerus bone. Legal professionals use this document when assessing general damages. Please note that the figures below should only be used as guidelines.
| Injury | Compensation Range | Notes |
|---|---|---|
| Severe Other Arm Injuries | £96,160 to £130,930 | Injuries are close to resulting in amputation. |
| Other Arm Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | One or both forearms may be seriously fractured. |
| Less Severe Other Arm Injury | £19,200 to £39,170 | A substantial degree of recovery is anticipated. |
| A Severely Disabling Injury to the Elbow | £39,170 to £54,830 | Symptoms will likely have a substantial impact on you. |
| Less Severe Injuries to the Elbow | £15,650 to £32,010 | Function may be impaired but it symptoms are not too grossly disabling. |
| Moderate or Minor Injury to the Elbow (iii) | Up to £12,590 | It may take three years to recover from your injury. |
| Severe Shoulder Injuries | £19,200 to £48,030 | May be associated with neck or arm injuries. |
| Serious Shoulder Injuries | £12,770 to £19,200 | A fractured humerus may lead to shoulder movement being restricted. |
| Moderate Shoulder Injuries | £7,890 to £12,770 | Symptoms persist for around two years. |
| Severe Post-Traumatic Stress Disorder | £59,860 to £100,670 | All aspects of your life are badly affected. |
A solicitor will account for both general and special damages when valuing your personal injury claim. If you would like an evaluation of your claim, get in touch for a free consultation at any time.
How To Diagnose Or Treat A Fractured Humerus
The first step to diagnosing a broken bone is for a doctor or a paramedic, or whatever other professional is the first to see the victim, looking for signs like those described in the earlier section.
The doctor will also ask questions about how the injury took place and what kind of accident occurred. This can help them ascertain what kind of injury you might have sustained.
Your doctor will usually arrange for an X-ray to be administered, which will be able to confirm that you have suffered a fracture to your humerus. This will also confirm whether the fracture is displaced or not displaced, which could influence the way that your fracture is treated.
In some circumstances, then bones in your arm may be left to heal without surgical intervention. If this is the case, you may be given a plaster cast or a sling to keep the bones in position as they heal.
Sometimes, you will require surgery in order for your humerus to heal. This may be the case if the bones are out of alignment or if the bone is broken in multiple places. During surgery, plates and pins may be inserted into the bone in order to keep it in position as it heals.
What Is A Misdiagnosed Fracture Of The Humerus?
In some cases, your doctor may fail to diagnose a broken or fractured humerus. If this has happened, you may be able to make a medical negligence claim. To receive compensation, you need to show that the misdiagnosis caused you to suffer more than you would have if the injury had been properly diagnosed.
Misdiagnosis or missed diagnosis of a fractured arm may be considered medical negligence. In order to show that your doctor was negligent, you will need to show that the care they provided fell short of the standard expected of their profession. To show whether or not a doctor was negligent, the court may administer something known as the Bolam Test.
In the Bolam test, a panel of the doctor’s peers will be asked if they would have acted in a similar way to the doctor when presented with the same information. If they can confirm that they would have acted differently, the doctor may be considered negligent. But if they say that they would have acted in the same way, the doctor may not be considered negligent as they have acted in accordance with the standard expected of their profession.
In order to claim compensation for harm called by medical negligence, it is not enough that you suffered; you need to prove that you experienced more pain and suffering than you would have if the injury had been properly diagnosed. For this reason, medical negligence claims can be complex. Get in touch with our team today for free legal advice around claims of this nature.
Why Could A Broken Arm Be Misdiagnosed?
There are a number of different ways that misdiagnosis could occur. Here are a few examples:
- Not performing X-rays, MRI’s, or CT scans correctly
- Failing to analyze the results of these scans correctly
- Not arranging for the correct scans to be carried out
- Failing to spot the outward physical signs of the broken bone
- Only spotting part of the fracture or thinking that the fracture is less serious than it is
- Administrative errors causing the results of a diagnosis to be misplaced
- Unreasonable delays in the diagnosing of the fracture
If medical negligence has caused you more pain and suffering than you would have if the injury had been correctly diagnosed, and the doctor can be said to have acted negligently, then you may be able to claim compensation. Our panel of personal injury solicitors could help you to make a medical negligence claim.
Is There A Time Limit On Broken Arm Injury Claims?
There is generally a three-year time limit to making a broken arm injury claim. However, there are some exceptions to this time limit that can apply.
For instance, if you were under 18 when you suffered a broken humerus as the result of a breach of duty of care, then you would not be able to claim on your own behalf while still underage. While you’re underage, the time limit is suspended, and a litigation friend can claim on your behalf. If no claim has been made for you by the time you turn 18, you have until your 21st birthday to make your own claim.
Similarly, some claimants may lack the mental capacity to claim on their own behalf. In these cases, a litigation friend can claim for them, and there is no time limit to do so. In the event that the claimant regains their mental capacity to claim, the three-year time limit is reinstated.
What To Do Next
While there is no legal obligation to seek legal representation in order to make a claim for humerus fracture compensation, we believe that the support and guidance of a solicitor could increase your claim’s chances of success.
In order to speak with us, you can get in touch via:
- Our phone number 020 3870 4868
- Our callback form
- The live chat at the bottom of the screen
The solicitors on our panel offer representation on a No Win No Fee basis. To find out more about what this means, read on to our next section.
No Win No Fee Claims For Humerus Fracture Compensation
When you seek the services of a solicitor to make a claim, you may be worried about the legal costs that this can incur. However, with a No Win No Fee agreement, you don’t need to worry about paying your solicitor upfront or while they work on your claim.
A No Win No Fee agreement is a contract between you and your solicitor that sets out what they need to do to receive payment. It means that you won’t be asked to pay them anything before your claim starts or while it’s ongoing. You also won’t be asked to pay them anything in the event that your claim is unsuccessful.
If your claim is successful, the solicitor’s fees will be covered by a small, legally capped percentage deducted from your compensation. This will be agreed upon beforehand between you and your solicitor.
About Related Claims
Broken Jaw Compensation Claims
Time Limits to Medical Negligence Claims
Can I Make A Claim Without Taking Time Off Work?
Check Your Eligibility For Statutory Sick Pay
Broken Arm Compensation Claim FAQs
Could you claim for a minor broken bone injury?
You can claim compensation for a broken bone caused by the negligence of a third party. This is the case even if the injury is relatively minor, such as a hairline fracture.
Could I claim for complications caused by a broken bone?
The amount of compensation you could be owed for a broken bone could be influenced by any complications you experience. For instance, you may receive a higher amount of compensation if you suffer from damage to your radial nerve and your grip is permanently weakened as a result.
Can I claim for the long-term impacts of a break or fracture
Sometimes, your injuries may cause long-term repercussions to your quality of life. For instance, depending on what your job is, a fractured humerus may prevent you from returning to work at all. In these cases, your future lost earnings may be taken into consideration when your compensation is calculated.
Am I eligible to claim compensation?
In order to claim compensation, you must show that your injuries resulted from a breach of duty of care that someone owed to you. If you can prove this, then you may be eligible to claim.
Thank you for reading our guide on humerus fracture compensation
Also read: A Guide On Claiming Compensation For A Fracture Of The Humeral Head.
Guide by KL
Published By NC
