A fracture injury can cause a lot of distress and affect your ability to work and carry out daily tasks. In severe cases, it may require surgery and lead to long-term complications such as mobility issues, chronic pain and reduced quality of life.
A fractured bone can be due to many different types of accidents. These include road traffic collisions, slips and trips, accidents at work, criminal assaults and sporting incidents. If another party was at least partially responsible for your accident, you may be entitled to make a broken bone compensation claim. This will cover the pain and suffering caused by the injury and any related financial losses.
If you are ready to claim compensation, call 0800 678 1410 today to speak to a specialist personal injury solicitor or arrange a call back by entering your details into our online claim form. If your case has merit, they will offer you a no win no fee service, so you will never incur any out-of-pocket expenses.
Can I start a broken bone compensation claim?
If you have suffered a fracture due to someone else’s negligence, you may be able to claim compensation. Before taking on your case, your solicitor will verify whether:
- Another person or company owed you a duty of care
- They have breached this duty through an act of negligence or wrongdoing
- Their actions caused an accident to occur
- You have broken a bone due to that accident
During your free initial consultation, a legal adviser will discuss what happened and try to establish a duty of care. Based on the circumstances of your accident, this will result from legislation such as the Road Traffic Act 1988 or the Occupiers’ Liability Act 1957. Afterwards, they will review any evidence you have to prove how the accident occurred and help secure compensation for your injuries.
What do I need to make a compensation claim?
To make a successful bone fracture claim, you will need as much evidence as possible to show how you suffered the injury and how it has affected your life. The types of information your solicitor could use to support your case include:
- The medical records that will prove the type of injury you suffered, your treatments and recovery prospects;
- Photographs or a video showing the exact cause of your accident and injury before anything is moved or replaced;
- If you suffered a broken or fractured bone at work or in public, you should file an accident report with the responsible party. A signed copy of the logbook entry will help prove the date of the injury and accident location;
- CCTV or dashcam footage if the incident was captured on camera;
- Contact details of any witnesses who can provide details of the accident and support your version of the events;
- An independent medical assessment that your solicitor will book for you for free. The medical report will explain your injuries and offer a prognosis. If you suffered a serious injury, it will also state any long-term needs you may have;
- Evidence such as receipts and invoices will help you recover any costs incurred due to your injuries.
Gathering as much evidence as possible ensures all your losses are included in your claim. Furthermore, this proof will help you secure a successful outcome, especially if the defendant denies liability and you must argue your case in court. You should not worry too much about this scenario, as more than 95% of all claims are settled without going to court.
Common types of fractures and broken bones
A bone fracture is a medical condition where you suffer a crack or break in a bone. It can occur in any bone and range from a small hairline crack to a complete break, separating the bone into two or more pieces. Bone fractures can be due to various factors, including trauma, overuse, or underlying medical conditions that weaken the bone. Common symptoms of a fractured or broken bone include:
- Difficulty moving the affected limb or joint
- Numbness or tingling
There are several types of bone fractures, such as:
- Simple Fracture (Closed Fracture). This is a clean break of the bone that does not puncture or break the skin.
- Compound Fracture (Open Fracture). In this case, the broken bone pierces through the skin, potentially exposing it to infection.
- Comminuted Fracture. This type of fracture results in the bone breaking into multiple fragments.
- Stress Fracture. Stress fractures are tiny cracks in the bone that usually result from repetitive stress or overuse rather than a single traumatic incident.
- Avulsion Fracture. In an avulsion fracture, a piece of bone is torn away from the central bone mass by the force of a muscle or ligament pulling on it.
These are just some injuries that could lead to a claim. Identifying your fracture’s precise type and severity is essential to secure the maximum compensation for broken bones.
What are the most common causes of fractures?
Below are some of the most common situations that may lead to a compensation claim:
- Slips, trips and falls. Falling from heights, slipping on slippery surfaces, or tripping over objects can result in wrist, hip or ankle fractures. These are some of the most common accidents in public places despite being mostly preventable.
- Road traffic accidents. Car, motorcycle, and pedestrian accidents often involve high-impact forces that can lead to fractures. These may affect any body part, ranging from minor to severe breaks with long-term consequences.
- Sports injuries. Participating in contact sports, high-impact sports, or activities with a risk of falling can result in fractures. While many injuries are nobody’s fault, some accidents happen due to negligence, such as inadequate equipment or poor ground conditions.
- Accidents at work. Certain occupations, such as construction or manufacturing, carry a higher risk of workplace accidents that can lead to fractures. These can be due to falling objects, machinery accidents, and slips or trips.
- Repetitive strain or overuse. Some fractures develop over time due to repetitive stress or overuse of a particular bone or joint. These are common in athletes and employees engaged in repetitive activities, such as factory and office workers.
- Criminal assaults. Physical altercations, fights, or acts of violence can result in fractures. Broken noses are common injuries in such situations. If you were the victim of a violent crime, you could claim compensation through the Criminal Injuries Compensation Authority (CICA). The CICA has a two-year time limit for starting legal proceedings after an incident.
There are, of course, many other types of accidents that may lead to broken bone injuries. If you were involved in an accident that was not your fault, a solicitor could help you claim compensation. You could make a claim even if you were partially at fault for your injuries, but in this case, you will receive a reduced award to reflect your part of the blame.
Long-term impacts of a fractured bone
A broken or fractured bone can have various long-term effects on your life, depending on its location, severity, and how well it heals. Some of these impacts may include:
- Chronic pain or discomfort at the fracture site
- Reduced mobility and range of motion
- Joint stiffness, making it challenging to perform certain activities
- Muscle weakness due to inactivity during the healing process
- Increased risk of developing arthritis over time if the fracture is near a joint
- Emotional and psychological effects, such as anxiety and depression
- Financial strain due to long-term medical treatment, rehabilitation, and potential loss of earning capacity
- Reduced quality of life if you are unable to engage in your usual activities, hobbies, or work
- Possible disability in severe cases or when multiple fractures occur
- An increased risk of future fractures, particularly in older individuals
The broken bone compensation amount you may receive will include consideration of all the long-term suffering you will likely endure due to your injury.
Can I make a broken bone claim following an accident at work?
You may be entitled to compensation if you suffered a broken bone while performing your duties. Employers have an obligation under the Health and Safety at Work etc. Act 1974 to take all reasonable measures to protect you from the risk of injury. Any breach of duty could lead to a work accident claim for compensation. Examples include:
- Failure to provide you with correct training for the job
- Failure to maintain a safe workplace and good housekeeping
- You did not receive adequate personal protective equipment for your job role
- The machinery you used was faulty or poorly maintained
Many people are reluctant to start an injury compensation claim against their employer. However, it would help to know that they must always hold valid liability insurance against employee injury claims. If you receive compensation for your bone injuries, your employer will not pay a single penny out of their pocket. This is the whole reason why they are required to have insurance.
Furthermore, they cannot sack or discipline you for claiming fracture compensation. Under unfair dismissal laws, you can take further legal action if you suffer any retaliation from your employer.
Frequently asked questions
If you decide to claim compensation for a fracture injury, you may want to know more about the claims process. Below, we have answered some of the most common questions we receive from claimants about fracture claims. Please do not hesitate to call 0800 678 1410 or ask for a call back to talk more about your case with a personal injury lawyer.
How long do I have to start a broken bone compensation claim?
Under the Limitation Act 1980, the time limit to make a claim if you suffered a fracture is three years from the date of injury. In certain situations, the three years may begin when a doctor diagnoses your fracture or broken bone. After this period, the court will typically consider a case statute-barred and no longer valid.
If a child has suffered a broken bone due to someone else’s negligence, the limitation period only begins on their 18th birthday. Before that date, a parent or another suitable adult could claim compensation for them at any point, regardless of when the injury occurred.
The time limit is put on hold if the claimant lacks the mental capacity to start legal proceedings. This could be due to conditions such as dementia, Alzheimer’s or Down syndrome. In this case, a litigation friend could claim on their behalf with the help of a personal injury solicitor.
How much compensation for a broken bone could I receive?
The compensation for broken bones is awarded on a case-by-case basis. Your solicitor will ensure that your compensation claim includes all the losses you incurred due to the bone fracture. Every personal injury award is based on two different elements:
- General damages cover the physical injury and how it has affected your life. These compensate for non-monetary losses and address the pain, suffering and emotional distress the break or fracture has caused you.
- Special damages compensate for the financial expenses related to the injury. They may include private medical care, loss of earnings during recovery, travel expenses and medical aids. Special damages are awarded based on physical evidence, such as receipts, medical bills and payslips.
According to the guidelines published by the Judicial College, you could receive the following amount of compensation for general damages:
- £3,530 to £59,860 for a broken wrist
- £8,550 to £13,210 for a simple femur fracture
- £5,920 to £104,370 for a broken arm
- £33,430 to £49,270 for a hip or pelvis fracture that needs surgery
- £17,960 to £135,920 for moderate to severe broken leg injuries
These are just some examples of how much your claim may be worth according to our compensation calculator. Your solicitor will be able to give you a personalised figure after learning the details of your case.
Can I make a personal injury claim on a No Win No Fee basis?
If you are entitled to make a broken bone compensation claim, the solicitors we work with will provide a no win no fee service. This arrangement allows you to benefit from legal representation without paying any upfront fees. If your solicitor wins the case, they will receive a success fee that cannot exceed 25% of your settlement. You do not have to pay them anything if they cannot secure compensation.
Your injury claim includes an After the Event (ATE) insurance policy. This legal expenses insurance will cover all the costs and disbursements incurred during the claims process, such as police and medical reports, court fees and expert witnesses. Furthermore, it will also pay the defendant’s legal expenses and solicitors, so you will not be left out of pocket if your claim is unsuccessful.
To find out if you are able to start a no win no fee personal injury claim, call 0800 678 1410 to speak to a solicitor. You can also use our online claim form to arrange a call back with no obligation to proceed.