Am I Eligible For Hip Injury Compensation?
Hip injuries can be extremely painful and can really impact your daily life. If you’re suffering from a hip injury as a result of being in an accident that wasn’t your fault, you could potentially be entitled to hip injury compensation. In this guide, we will talk you through the entire claims process and how to connect with one of the specialist personal injury solicitors from our panel.
Key Takeaways In Hip Injury Compensation Claims
- If your hip injury was the fault of someone else, you could be eligible for compensation.
- Typically, you have 3 years from the date of the accident to start the claims process.
- You can claim hip injury compensation for both your pain and suffering and the monetary losses you have suffered as a result of your injury.
- A solicitor from our panel could potentially work with you on a No Win No Fee basis.
You can contact us at any time to find out whether you have an eligible hip injury compensation claim. It is completely free to discuss your circumstances and receive advice on what to do next. Our lines are also open 24/7:
- Call 020 3870 4868
- Fill out our claim online form.
- Message in our on-screen live chat box.
Jump To A Section
- Am I Eligible To Make A Serious Hip Injury Compensation Claim?
- How Can Hip Injuries Occur?
- Types Of Common Hip Injuries
- Why Should I Claim Compensation For A Serious Hip Injury?
- Hip Injury Compensation Amounts
- How Long Do I Have To Make A Claim?
- How Can UKLaw Help Me?
- Learn More
Am I Eligible To Make A Serious Hip Injury Compensation Claim?
You may be eligible to claim serious hip injury compensation if you have proof that negligence occurred. Negligence is when you’re injured as a result of a breached duty of care.
You are owed a duty of care in numerous places. These are:
- At work. Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means that when you’re working, your employer must take reasonable steps to make sure you’re safe. Some of these reasonable steps include providing you with the necessary training and Personal Protective Equipment (PPE).
- In public spaces. Under the Occupiers’ Liability Act 1957, the occupier (the party in control) of the public space you’re visiting owes you a duty of care. This means that when you’re on their premises, such as in a public park or a gym, the occupier must take steps to make sure you’re reasonably safe. Some of these steps include fixing any reported hazards within a reasonable timeframe and implementing warning signs for hazards that cannot be removed.
- On roads. All road users, when they’re on the road, owe a duty of care to each other. This means that all road users must follow the rules and guidelines in The Highway Code and the Road Traffic Act 1988 when they’re on roads to ensure that everyone is safe.
As such, you must meet this eligibility criteria in order to be eligible for serious hip injury compensation:
- Your employer, an occupier, or a road user owed you a duty of care.
- They breached their duty of care, leading to an accident.
- You suffered a hip injury from this accident.
So, please contact us today to discuss how you sustained your hip injury. One of our advisors will then be able to confirm your claim eligibility.
How Can Hip Injuries Occur?
There are multiple ways in which hip injuries could potentially occur as a result of a breached duty of care. Below, we discuss some examples:
Accidents At Work
- On a building site, your employer gives you a broken ladder that they know is defective. This causes you to fall from a height and suffer hip fractures and a leg injury.
- In retail, your employer asks you to lift some heavy delivery boxes. But, they have not given you any manual handling training. This causes you to strain your hips as you use an unsafe lifting technique.
- In a warehouse, your employer asks you to operate a forklift truck. However, they have never given you training on how to operate the vehicle. You, therefore, crash the vehicle and break your hip.
Accidents In Public Spaces
- The occupier of a library has unsafely stacked boxes of books on top of one another. As you are walking past, the boxes tumble over. They land on you, which causes crush injuries to your hips and pelvis.
- You’re walking on a pavement that is owned by the council. You trip and fall over an uneven paving slab that the council knew about but hadn’t repaired in a timely manner, despite receiving numerous reports about it. You fracture your hip as a result of the fall.
- In a supermarket, there is a spillage in an aisle. However, the occupier has displayed no wet floor signs. You subsequently slip and fall over the spillage, dislocating your hip joint as a result.
Road Traffic Accidents
- A driver is under the influence of alcohol as they crash into your car at a junction. You dislocate your hip from the impact of the collision.
- You are a pedestrian on a zebra crossing. Due to a driver using their mobile phone at the wheel, they fail to notice you crossing the road. They, therefore, run you over, which leads to multiple serious injuries, including a fractured hip.
- You’re a cyclist waiting at a set of red traffic lights. The driver behind you is exceeding the speed limit and fails to brake in time. They crash into the back of you, which leads to you suffering hip, pelvis, and spinal cord injuries.
Because negligence can potentially occur in many ways, please do not worry if your circumstances haven’t been listed above. It is always best to speak with one of our advisors directly to confirm whether you’ve suffered negligence or not in an accident at work, a public place accident, or a road traffic accident.
Types Of Common Hip Injuries
You can claim hip injury compensation for many different types of hip injuries, including (but not limited to):
- Breaks and fractures.
- Soft-tissue injuries.
- Dislocations.
- Avascular necrosis.
- Labral tears.
Defective Hip Implants
As well as personal injury claims, medical negligence claims can also be made for serious hip injury compensation.
All medical professionals owe their patients a duty of care. This means that they must always provide the correct standard of care. A medical professional can thus breach their duty of care if they ever provide a standard of care that falls below what is minimally required.
As such, here are the medical negligence claims eligibility criteria for hip injury compensation:
- A medical professional owed you a duty of care as their patient.
- The medical professional breached their duty of care by providing substandard care.
- You suffered avoidable harm as a result (harm that should’ve been avoided).
For example, if a surgeon knowingly provided you with defective hip implants when performing hip replacement surgery, and this causes you to suffer unnecessary pain and later require another corrective hip surgery, you could be eligible to make a claim.
Please contact us for more information on how to claim for defective hip implants.
Why Should I Claim Compensation For A Serious Hip Injury?
If you have suffered negligence, claiming compensation could help you in many ways. Receiving hip injury compensation can help cover the costs of:
- Treatment and other medical bills. For example, hip replacement surgery.
- Loss of earnings if you’ve needed time off work to recover from your hip injury.
- Professional and domestic care needs.
- Other finances arising from your hip injury.
This allows you to fully focus on recovery without having to worry about dealing with these costs. Subsequently, hip injury compensation can possibly regain any loss of amenity you’ve suffered, making it easier to manage the aftermath of your accident. Loss of amenity refers to loss of enjoyment, such as being unable to participate in your usual hobbies, such as football.
Interim Payments
Serious injury claims sometimes result in interim payments.
Interim payments are small payments taken out of the compensation which can be awarded to claimants who have suffered serious injuries before the claim has been settled. They help cover any immediate costs, such as the ones above.
However, certain criteria must be met before a claimant can receive interim payments. These are:
- The defendant has either admitted liability for the accident, or there’s a strong chance they’ll be found liable if the claim goes to court.
- There’s a good reason for needing the payments (such as urgent medical bills).
- The interim payments that have been requested are of a reasonable amount.
If you have an eligible serious hip injury compensation claim, you can speak with a solicitor from our panel about requesting interim payments if you feel like you need them. Please don’t hesitate to get in touch with us at any time.
Hip Injury Compensation Amounts
If your serious hip injury compensation claim is successful, two heads of claim could potentially be awarded to you – general and special damages.
General damages are always awarded in successful cases. This head of claim compensates you for how you’ve been physically and psychologically affected by your hip injury. A few factors considered under this head of claim include:
- Loss of amenity.
- How painful the injury is.
- How long the expected recovery period is.
You may have to have an independent medical assessment during the claims process. This is because legal professionals can use the reports made from this assessment with the Judicial College Guidelines (JCG) to help them calculate your general damages.
The JCG is a document that publishes guideline compensation brackets for different physical and psychological injuries.
Guideline Compensation Table
We have made a table with hip injury entries from the JCG. Next to each severity, you can find the JCG’s guideline compensation amounts.
Please keep in mind that none of these amounts can be guaranteed, and that the top figure has not been taken from the JCG.
Injury | Severity | Guideline compensation award |
---|---|---|
Multiple serious injuries plus special damages | Serious | Up to £250,000+ |
Hips and pelvis | Severe (a)(i) | £95,680 to £159,770 |
Severe (a)(ii) | £75,550 to £95,680 | |
Severe (a)(iii) | £47,810 to £64,070 | |
Moderate (b)(i) | £32,450 to £47.810 | |
Moderate (b)(ii) | £15,370 to £32,450 | |
Psychiatric damage | Severe (a) | £66,920 to £141,240 |
Moderately severe (b) | £23,270 to £66,920 | |
Moderate (c) | £7,150 to £23,270 |
Special Damages In Hip Injury Claims
Special damages are sometimes awarded. This head of claim compensates you for how you’ve been financially affected by your hip injury.
Under special damages, you can be reimbursed for any:
- Loss of earnings.
- Medical bills.
- Professional and domestic care needs.
- Other finances arising from your hip injury.
However, since special damages aren’t always awarded, you must have evidence of the financial losses that have arisen from your injury. Such evidence includes receipts, invoices, bank statements, and payslips.
For more information on how much compensation could potentially be awarded for a hip injury, please contact us today.
How Long Do I Have To Make A Claim?
Typically, you have 3 years from the date of the accident to start the personal injury claims process, according to the Limitation Act 1980.
However, this time limit does not apply for claimants who are either:
- 17 or younger.
- Lacking their full mental capacity.
In these cases, the time limit is paused, and will only commence when the claimant either:
- Turns 18 (meaning the time limit will run until their 21st birthday).
- Recovers their full mental capacity (meaning the time limit will run from the date of their recovery).
While the time limit is paused, a litigation friend may be able to step in and start the claims process on behalf of the claimant. But they only have until the time limit commences to do this.
If you want to learn more about starting a serious hip injury compensation claim on behalf of a loved one, please get in touch with us today.
How Can UKLaw Help Me?
Once it’s confirmed with one of our advisors that you have an eligible hip injury compensation claim, they could connect you with one of the expert solicitors on our panel.
Here are just a few services our panel offer to make the claims process simple and easy for their clients:
- Collect evidence
- Correspond with the dependent.
- Accurately value compensation.
- Explain legal jargon.
- Send regular case updates.
- Make sure the claims time limit is adhered to.
Additionally, our panel of solicitors offer their services through a Conditional Fee Agreement (CFA).
What Is A Conditional Fee Agreement? (CFA)
A CFA is a type of No Win No Fee agreement. Through a CFA, there are zero solicitor fees to pay:
- Upfront.
- Throughout the entire claims process.
- If the claim is unsuccessful.
If the claim is successful, your solicitor will deduct a small percentage from your compensation. This small percentage is capped by law and known as a success fee.
To find out whether one of our No Win No Fee personal injury solicitors can help you claim serious hip injury compensation, please contact our advisors. They can give you a free, no-obligation claims assessment at a time that suits you:
- Call 020 3870 4868
- Fill out our claim online form.
- Message in our on-screen live chat box.
Learn More
Browse some of our other personal injury claims guides:
- Find out how long after a road traffic accident you have to claim for whiplash injuries.
- Advice on how to prove employer liability after an accident at work.
- Learn more about public liability claims if you were injured in a public place.
Alternatively, these external pages might give you some useful information:
- Gov.UK – guidance on how to receive Statutory Sick Pay (SSP) if you’re unable to work due to your injury.
- NHS – advice on how to cope with hip pain in adults.
- Gov.UK – guidance on how to request CCTV footage of yourself to form your evidence.
Thank you for reading our serious hip injury compensation claims guide. If you have any claim enquiries at all, we would love to help.