Elbow – Injury Claim Worth_.

Based on the following sampling of case law, the range for general damages awarded for suffering from elbow injuries as a result of an accident is between $23,604 – $134,436 [adjusted for 2023 inflation rates]. The general damage award amounts for each individual case below have not been adjusted for inflation. For your convenience, the Bank of Canada Inflation Calculator can be accessed here.

As described in our General Damages Guide, these awards are only for general damages which compensate you for your pain and suffering. There are other types of damages that you may be entitled to claim, such as lost income and medical care costs, depending on the circumstances of your case. To assess the total value of your injury claim, try our Injury Claim Calculator or book a free consultation.

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The case law

Van Staveren v. Coachlite Roller Gardens Inc., 2012 ONSC 5941

• The 41-year-old plaintiff slipped and fell while roller skating at the defendant’s establishment. He suffered an elbow fracture, which had a significant impact on his ability to work as a cook. The injury improved slowly over time, but he had ongoing weakness and discomfort in his left hand at the time of trial. He received $25,000 in general damages.

Dashwood v. Pillars Club & Lounge, 2002 NBQB 92

• The plaintiff suffered an injury to her elbow when she slipped and fell in the bathroom of a bar in Quispamsis, New Brunswick. As a result of her fall, her elbow would lock and cause her a great amount of pain. This was fixed by a reconstructive surgical procedure. The issue of crumbling skull was discussed at trial, as she had pre-existing elbow pain from an injury sustained seven years prior. The court found that with her reconstructive surgery, she was put in a position better than her pre-accident condition. She was awarded $15,000 in general damages.

Duguay c. Battah, 2000 CanLII 5227 (NB QB)

• The 45-year-old plaintiff suffered from a prolonged elbow injury after being involved in a motor vehicle accident, causing soft tissue injuries to her neck and back. Her doctor indicated that the accident left her with a moderate degree of disability in her left elbow. She received $20,000 in general damages.

Lebreton v. LaRocque, 2000 CanLII 20277 (NB QB)

• The 28-year-old male plaintiff was injured in a motor vehicle accident. His most severe injury was a fracture of his right elbow, requiring two surgical operations. He also suffered from soft tissue injuries and some increased anxiety due to the accident. He was awarded $75,000.00 in general damages.

Dempsey v. Dempsey et al., 1999 CanLII 32837 (NB QB)

• The plaintiff was injured when the scaffolding on which he was working collapsed. He suffered a dislocated left elbow with a severe comminuted fracture of the radial head, the fragments of which were displaced inside the forearm muscle. He experienced stiffness and decreased strength in his elbow, which was unlikely to improve. He was unable to continue working as a driver’s assistant because of his injuries. He received $60,000 in general damages.

Anderson v. Williams et al., 1997 CanLII 9548 (NB CA)

• The plaintiff was accidentally shot in the left elbow by the defendant. He suffered from soft tissue injuries, bone loss and a permanent disability. The plaintiff experienced dull, aching pain in his elbow for months. He was left with numbness in two fingers and experienced a loss of muscle function that prevented him from performing manipulating tasks with his fingers. The plaintiff could no longer pursue his preferred vocation as a truck driver. The New Brunswick Court of Appeal affirmed an award of $75,000 in general damages.

Marsh v. Poirier, 1995 CanLII 8869 (NB KB)

• The 21-year-old plaintiff suffered fractures of the right humeral neck and right elbow that left him with some degree of permanent disability. The injuries were painful and had a significant impact on his ability to find employment. The range of motion in his elbow was diminished by approximately 20%, and he suffered from a loss of strength in his hand. The court awarded him $25,000 in general damages.