Fractured Bone Compensation Claims In The UK
Welcome to our guide on fractured bone compensation claims. Have you broken a bone in an accident? Was that accident caused by third party negligence? If so, you could be eligible to make a compensation claim against the at-fault party. Our guide will look at the process of claiming compensation following a broken or fractured bone.
Broken And Fractured Bone Compensation Claims
Breaking a bone is an injury that people of all ages and occupations can suffer from. They can be unpleasant and restrictive while you’re in the process of recovery. And sometimes, depending on the severity of the break, they can cause serious long-term implications that affect your quality of life for years to come.
Fractured/broken bone compensation claims guide
Whether you suffered a broken bone in a slip, trip, and fall, an accident at work, or after a car accident, you could be eligible to make a compensation claim if you can prove the accident was caused by third-party negligence. If you want to know whether you’re eligible to make a claim, read through this guide. Alternatively, get in contact with our team of advisors using the contact details below.
Get In Touch With Our Team
As well as offering you free legal advice about anything you’re unsure of after reading this guide, our team can offer you a no-obligation valuation of your claim. Simply get in touch through:
- Our contact page
- The live chat
- Our phone line 020 3870 4868
Services And Information
- Everything You Need To Know About Fractured Bone Compensation Claims
- What Is A Broken Or Fractured Bone?
- What Are The Symptoms Of A Fractured Bone?
- How Could Fractures Be Caused?
- How Should Fractures Be Treated?
- Fractured Bone Compensation Claims Calculator
- Claims For A Fractured Bone In The Workplace
- Claims For A Fractured Bone In Public Place Accidents
- Limitation Periods For Fractured Bone Compensation Claims
- I Suffered A Fractured Bone Injury, What Should I Do?
- Claim Fractured Bone Compensation On A No Win No Fee Basis
- Other Information
- FAQs About Fractured Bone Compensation Claims
Everything You Need To Know About Fractured Bone Compensation Claims
A broken bone or a fractured bone will often be painful and inconvenient. Depending on the bone that’s broken, you may find that you’re unable to do the things you usually do, like exercise or drive. In some cases, your mobility will be affected. Broken bone injuries can sometimes leave you with permanent repercussions.
If you were owed a duty of care by someone who acted negligently, resulting in you breaking a bone, you could be entitled to compensation. This compensation can cover the physical and psychological harm caused by the accident. It can also cover you for any out-of-pocket expenses that you’ve incurred.
This guide will explain the process of claiming compensation for a broken bone. We will begin by looking at what a broken bone is and the symptoms that can occur. Furthermore, we will look at the different scenarios in which you could break a bone and how the duty of care towards you could be breached.
We will also look at how much compensation could be owed to you for an injury of this nature. Furthermore, we will examine the kinds of damages that you may be able to include in your compensation claim.
If you would like to know more about claiming compensation for a broken or fractured bone after reading this guide, our team will be happy to help. Simply get in touch with them for free legal advice or a no-obligation valuation of your claim.
What Is A Broken Or Fractured Bone?
Bones play an important role in the body. They support the body, help facilitate movement and sometimes protect important organs from damage. As a result, they are generally strong and resilient. But breaks to bones can and do occur.
The kind of fracture that occurs will have an effect on how it’s treated and the impact an injury of this nature has on your quality of life. For instance, a hairline fracture is a break where there’s a small crack on the bone, but it hasn’t split in two. In these cases, your fracture may not cause you a lot of pain, and you may not even realise that you’ve broken your bone at all.
When the bone does break into two or more pieces, the fracture might be described as displaced or non-displaced. A non-displaced fracture sees the bone remain in alignment. In displaced fractures, the bone moves out of position.
Displaced fractures have the potential to cause further complications. This is because the broken end of the bone could cause injury to an organ in the body. For instance, a displaced fracture to the rib may cause the broken bone to puncture the heart or lungs.
What Are The Symptoms Of A Fractured Bone?
When you have broken a bone, the most common symptoms you will notice will be pain, swelling, and often deformity of the area affected. However, it may not always be clear whether or not the bone is broken unless the limb is visibly misshapen or the bone is protruding from the skin.
Other symptoms that could indicate a broken bone include:
- A snapping sensation as the injury occurs
- The audible sound of bones breaking
- Tenderness around the area where the bone is broken
- Bruising around the area where the bone is broken
- Pain when attempting to move or put weight on the affected area
- Dizziness, fainting and nausea.
Seek emergency medical attention if you think that you have the above symptoms and you believe the bone might be broken. If you don’t receive medical attention, it could become a more serious issue.
How Could Fractures Be Caused?
Fractures could be inflicted on bones in three different ways.
- Osteoporosis, or other disorders and diseases which cause the bones to weaken and become more vulnerable to breaks and fractures.
- Repetitive strain. Repeatedly overusing a muscle or bone or repetitive motion can put a strain on the bone. This can cause what is known as a stress fracture. You might also suffer a stress fracture while using gym equipment.
- Where the force of an impact or strain put on a bone causes it to break. This can occur in car accidents, work accidents, falls, or sport accidents.
It’s important to note that, even if you have a condition that weakens your bones, like osteoporosis, then you could still be eligible to claim. If the accident that caused your broken bone was caused by the negligence of someone with a duty of care to you, it doesn’t matter whether you suffer from a pre-existing condition. You may still be able to claim.
Get in touch with our team today for more information on claiming compensation. Alternatively, read on to find out more about how fractures are treated.
How Should Fractures Be Treated?
The treatment applied to fractures and broken bones depend on what kind of fracture has occurred and how severe it is. It is important that bones are in their proper position and alignment so that this natural process is able to play out successfully. In cases where a simple fracture has occurred, a doctor may apply a plaster cast to ensure that the bone remains in the right position.
In cases where the bones have come out of alignment because of a fracture, the bones will need to be moved back into position in order for them to heal. This could be by traction, where a doctor gently manoeuvres the bone gradually back into position. The bones may need to be held into place by pins and screws implanted in the bones during surgery.
Fractured Bone Compensation Claims Calculator
When you make a claim for compensation, your settlement could consist of two different types of damages. These are referred to as special damages and general damages.
General damages is the part of your claim that compensates you for the injuries you have sustained. In order for general damages to be calculated, you will usually be invited to a medical appointment with an independent expert. This expert will speak to you about your injuries and the impact that they have had on you. This meeting will also determine that the injuries you sustained were caused by the accident.
The independent expert will detail their findings in a report. This report will be used with the help of a publication called the Judicial College Guidelines (JCG). It contains guideline compensation amounts for a number of injuries of varying severities. Below, we have included a table consisting of compensation values from the JCG.
| Injury | Notes | Compensation |
|---|---|---|
| Arm injuries | Injuries that fall short of amputation. | £90,250 to £122,860 |
| Less severe arm injuries | Significant disabilities, but a degree of recovery will be expected. | £18,020 to £36,770 |
| Severely disabling elbow injury | Resulting in permanent damage | £36,770 to £51,460 |
| Modest elbow injury | Simple fractures which do not cause permanent damage or permanent impairment of function. | Up to £11,820 |
| Wrist injury | Complete loss of function | £44,690 to £56,180 |
| Minor wrist injury | Undisplaced or minimally displaced fracture | £3,310 to £4,450 |
| Serious hand injury | Where the hand is reduced to 50% capacity. | £27,220 to £58,100 |
| Moderate hand injury | Where some permanent disability remains. the intrusiveness of the symptoms will determine the payment award within the bracket. | £5,260 to £12,460 |
Special damages
Special damages will compensate you for any financial expenses or losses that you’ve incurred as a result of the injuries you have sustained. For instance, you may be compensated for the loss of earnings you experienced due to taking time off work. It can also compensate for the loss of amenity, meaning the money spent on plans you had to cancel because of the broken bone. You can also claim back money you spent on medical treatment, such as physiotherapy, that you weren’t able to get on the NHS.
You will need to provide documentation as evidence for the lost income and money. This can include things like copies of your wage slips, invoices for medical bills and so on. Call one of our advisors, and they’ll be happy to talk you through what kind of proof is required.
Claims For A Fractured Bone In The Workplace
One of the environments where you could sustain a broken bone as the result of third party negligence is in the workplace. You could be entitled to make a personal injury claim against your employer if you suffer a broken bone in a workplace accident caused by a breach of duty of care. Under the Health And Safety At Work Act 1974, your employer is has a responsibility to take all reasonably practicable steps to ensure your safety at work.
There are a number of situations in which you could suffer a broken bone in a workplace accident:
- Getting a hand or other limb caught in unsafe machinery.
- An accident caused because an employee didn’t receive the proper training.
- Being injured by something falling on you without adequate protection, such as steel-toed boots or a hard hat.
- Slips, trips and falls caused by poor housekeeping.
- Accidents involving vehicles in the workplace, such as forklift trucks.
If you’re wondering how to claim when you’ve been injured at work, our claims team can help. Get in touch with us for more information.
Claims For A Fractured Bone In Public Place Accidents
You could suffer a broken bone in an accident while out almost anywhere in public. There are a number of environments that are classed as public spaces, including:
- Supermarkets and shops
- Gyms and leisure centres
- In parks and playing areas
- While walking along the pavement.
The person in control of a public place is called the occupier. They have a duty of care to members of the public who use the space for the purpose intended. This duty is outlined in the Occupiers’ Liability Act 1957 (OLA). The OLA states that the occupier must take all reasonably practicable steps to ensure your safety while in public.
For instance, you may suffer a broken bone because of a piece of faulty equipment at a gym. If the gym owner failed to check and maintain all the equipment at the gym at reasonable intervals, then you could potentially claim compensation for your injuries.
It’s not always clear who the occupier is of a public place. If you’ve been injured while in public because of negligence, our team could help you figure out who is responsible. Give us a call today to find out more.
Limitation Periods For Fractured Bone Compensation Claims
The time limit for personal injury claims is generally three years from the date of the accident. This three-year time limit runs either from the date of the accident or the date you became aware that your injuries were caused by negligence. The latter is referred to as the “date of knowledge”. However, there are some exceptions to this.
For instance, a person under the age of 18 is not able to represent themselves in making a claim. The time limit is suspended while they’re under the age of 18. At any point up until they turn 18, a litigation friend can start a claim on their behalf. Once they reach the age of adulthood, they have 3 years to start a claim on their own behalf.
The time limit will also be affected if the claimant lacks the mental capacity to claim themselves. In these cases, the time limit will be suspended, and a litigation friend will be able to claim on their behalf unless the claimant regains their mental capacity. If this happens, they will have 3 years to claim on their own behalf.
I Suffered A Fractured Bone Injury, What Should I Do?
If you have been involved in an accident and you suspect you’ve broken a bone, you should seek medical attention. This will ensure that you get the medical attention you need. It will also provide evidence of your injuries for a potential claim.
It’s also advised that you gather as much evidence as possible about the cause of the accident. For instance, you could take photographs of the hazard that caused you to be injured. You may also want to ask witnesses for their contact information so that they can be asked to provide statements in support of your claim. Write down all that you can remember about the incident soon after it occurred. If the accident occurred in a public place or a workplace, ask for it to be noted down in the accident log.
If you’d like to know more about the steps to take after an accident, contact our claims team today. They will be able to tell you what evidence can help support your claim for compensation.
Claim Fractured Bone Compensation On A No Win No Fee Basis
When seeking legal representation, a claimant may think they have to pay legal fees upfront. These can be an obstacle to having a solicitor represent your case. A No Win No Fee agreement could help you avoid any upfront fees.
A No Win No Fee agreement is a contract between you and your solicitor that sets out the conditions that need to be met in order for them to receive payment. It means that you won’t pay your solicitor anything while your claim is ongoing or before it begins. You also won’t be asked to cover your solicitor’s costs in the event that your claim is unsuccessful.
The only time you’ll be asked to cover your solicitor’s fees is in the event of a successful claim. Then, a capped percentage of your compensation will be deducted from your compensation. The value of this success fee will be agreed upon beforehand.
If you’re interested in making a claim with a No Win No Fee solicitor, contact our claims team today. If they feel your claim has a good chance of success, they could connect you with a personal injury solicitor from our panel who all offer representation on a No Win No Fee basis.
Get In Touch With Our Team
As well as offering you free legal advice about anything you’re unsure of after reading this guide, our team can offer you a no-obligation valuation of your claim. Simply get in touch through:
- Our contact page
- The live chat
- Our phone line 020 3870 4868
Other Information
Tripping on a wire at work compensation
Claiming compensation for a broken jaw
The Highway Code– This document outlines the duty of care that road users owe to one another
Statutory Sick Pay– See how much you could be entitled to while you’re off work due to your injuries.
When should I use a walk-in centre? If you’re wondering where the best place is to seek medical attention, this page could help.
FAQs About Fractured Bone Compensation Claims
Can you sue for broken bones?
Yes. If you can show that your injury was caused by the negligence of someone who owed you a duty of care, you may be entitled to compensation.
Is a broken bone the same as a fracture?
Yes. A broken bone and a bone fracture are the same things. They both are terms for a situation in which a bone has been broken or cracked.
How much is a broken bone settlement worth?
The amount of money you could be owed for a fractured or broken bone can vary. The severity of the injury, the length of time it takes you to recover, and the value of any special damages will all be taken into consideration when calculating your compensation.
Thank you for reading our guide on claiming fractured bone compensation.
Written by KL
Checked by NC
