Elbow Injury Claim
If you have suffered an elbow injury because of someone else’s negligence, you may be entitled to bring an elbow injury claim in Ireland.
Elbow injuries can range from minor soft tissue damage to severe fractures, nerve injuries, and permanent loss of movement.
At Coleman Legal LLP, our experienced solicitors advise clients on every stage of an elbow injury claim, helping them recover compensation while they focus on their recovery.
Factors affecting compensation
Source: Personal Injuries Guidelines
When assessing an elbow injury claim, several factors are considered to determine the appropriate level of compensation.
1. Age
The injured person’s age is relevant, as younger claimants may experience the long-term effects of an elbow injury for many years.
2. Dominant arm
An injury affecting the dominant arm can significantly impact employment, independence, and everyday activities.
3. Pain and suffering
The severity and duration of pain caused by the elbow injury are considered.
4. Treatment required
The nature and duration of medical treatment, including surgery, physiotherapy, injections, and rehabilitation, are assessed.
5. Cosmetic impact
Any permanent scarring or visible deformity may increase the value of an elbow injury claim.
6. Degenerative changes
Future arthritis or other degenerative changes caused by the injury may be considered.
9. Impact on employment
Loss of earnings, reduced earning capacity, and restrictions on future employment are assessed.
10. Quality of Life
The extent to which the injury affects hobbies, sporting activities, and day-to-day living is considered.
11. Loss of independence
Difficulty carrying out personal care or household activities is taken into account.
12. Psychological impact
Depression, anxiety, or other psychological injuries arising from the accident may also form part of an elbow injury claim.
These factors are considered together when assessing compensation under the Personal Injuries Guidelines.
Compensation amount
Source: Personal Injuries Guidelines
Serious elbow injuries (€40,000 – €72,500)
Serious elbow injuries resulting in permanent pain and functional impairment.
Examples include:
- Severe fractures causing arthritis.
- Crush injuries with permanent disability.
- Partial recovery following nerve palsy.
Moderate elbow injuries (€17,000 – €40,000)
Moderate injuries causing functional impairment without major permanent disability.
Examples include:
- Fractures requiring open reduction.
- Significant nerve injuries with substantial recovery.
Serious elbow injuries (€1,000 – €15,000)
Minor injuries with no permanent loss of function.
Examples include:
- Simple fractures.
- Soft tissue injuries.
- Minor lacerations.
- Mild tennis elbow syndrome.
Common causes of an elbow injury
An elbow injury claim may arise following many different types of accidents.
Slips, Trips and Falls
Falls onto an outstretched arm frequently result in elbow fractures, sprains or dislocations.
Workplace Accidents
Construction, manufacturing, warehouse and manual handling accidents commonly cause elbow injuries through machinery incidents, falling objects or overexertion.
Sporting Injuries
Sports such as tennis, golf, rugby and weightlifting may cause acute trauma or repetitive strain injuries affecting the elbow.
Road Traffic Accidents
Car, motorcycle and bicycle accidents often result in elbow fractures, ligament injuries or nerve damage caused by the impact of the collision.
Elbow injury claim process
1. Contact an elbow injury claim Solicitor
Our experienced solicitors will assess your circumstances, explain your legal options, and prepare your elbow injury claim.
2. Application to the Injuries Resolution Board (IRB)
Most elbow injury claims arising from workplace accidents, road traffic accidents and accidents in public places must first be submitted to the Injuries Resolution Board (IRB).
Medical negligence claims are excluded from the IRB process.
3. Gathering medical evidence
Your solicitor will obtain:
- Medical reports.
- Hospital records.
- Physiotherapy reports.
- Expert opinions where required.
- Evidence relating to financial losses.
These documents are submitted in support of your elbow injury claim.
4. IRB Assessment
The IRB will notify the respondent, who has 90 days to consent to an assessment.
If consent is provided, the IRB will assess the claim using the Personal Injuries Guidelines.
If consent is refused, the IRB will issue an Authorisation allowing court proceedings to begin.
5. Resolution of the Claim
Where both parties accept the IRB assessment, an Order to Pay is issued.
If either party rejects the assessment, your solicitor can proceed with court proceedings and continue pursuing your Elbow Injury Claim.
Statute of Limitations
In most cases, an elbow injury claim must be commenced within two years less one day from the date of the accident or the date of knowledge.
Different limitation periods apply where the injured person is under 18 years of age.
For further information, please see our guide to the Statute of Limitations or contact our solicitors.
Frequently Asked Questions
What compensation is available for a serious elbow fracture in Ireland?
In Ireland, compensation for a serious elbow injury is assessed under the Personal Injuries Guidelines issued by the Judicial Council.
Serious elbow injuries resulting in permanent pain and functional impairment currently fall within the €40,000 to €72,500 bracket.
Moderate elbow injuries are assessed between €17,000 and €40,000, while minor injuries generally attract awards between €1,000 and €15,000.
Does the dominant arm matter in an Elbow Injury Claim?
Yes. The Personal Injuries Guidelines recognise that injuries affecting the dominant arm generally have a greater impact on employment, independence, and daily activities.
This may influence where an injury falls within the applicable compensation bracket.
Can I claim for tennis elbow or repetitive strain caused by work?
Yes. Where repetitive work activities caused or significantly contributed to tennis elbow or another repetitive strain injury, an elbow injury claim may be available if an employer failed to provide a safe working environment or appropriate risk management under the Safety, Health and Welfare at Work Act 2005.
Do I need surgery to bring an elbow injury claim?
No. Surgery is not required to make an elbow injury claim.
Compensation depends on the nature of the injury, the impact on your daily life, and your prognosis rather than whether surgery was necessary.
How does the IRB process work for an elbow injury claim?
Most Elbow Injury Claims must first be submitted to the Injuries Resolution Board (IRB).
The IRB will assess the claim if both parties consent.
If either party rejects the assessment or refuses consent, court proceedings may be commenced.
