Buckle Fracture Compensation Claims In The UK
Have you or your child been in an accident caused by someone neglecting their duty of care to you? As a result of this accident, did you or your child sustain a buckle fracture? If so, you may be able to claim compensation for the pain and suffering you have experienced.
Buckle Fracture Injury Claims
A buckle fracture is a fracture that occurs when one side of the bone bends, creating a buckle, but the other side doesn’t break. These can occur in children as their bones are softer than adult’s bones and are more prone to bending as opposed to breaking.
Buckle fracture compensation
Depending on where a buckle fracture is sustained, it could prevent you or your child from carrying out normal activities. They can also be quite painful and may impact the injured person’s ability to wash, get dressed and carry out other daily tasks.
Get In Touch With Our Team
Our team of advisers are available 24/7 to have a chat with you about your situation and offer free legal advice. They can assess how much buckle fracture compensation you could be awarded and the steps you need to take to make a personal injury claim.
To contact our team of advisers, you can:
- Call them on 020 3870 4868. An adviser is available 24/7 to offer you free legal advice.
- Chat with them via our live chat pop-up box for an immediate reply.
- Fill in our online claims form to receive a reply at your earliest convenience.
Services And Information
- Everything You Need To Know About Buckle Fracture Compensation Claims
- What Is A Buckle Fracture?
- Torus And Buckle Fracture Anatomy
- Understanding The Symptoms Of Buckle Fractures
- What Can Cause Cause This Type Of Injury?
- Calculate My Buckle Fracture Compensation Settlement
- How Are Buckle Fractures Treated?
- Misdiagnosis Of A Broken Bone
- Causes Of Missed Fractures
- Is There A Time Limit On Injury Claims?
- How Do You Claim Damages For Your Injury?
- Could I Make A No Win No Fee Buckle Fracture Compensation Claim?
- Related Information
- FAQs About Buckle Fracture Claims
Everything You Need To Know About Buckle Fracture Compensation Claims
Firstly, this guide will look at what a buckle fracture is and how a torus or buckle fracture can affect the damaged bone. Next, there will be sections talking about the symptoms and possible causes of buckle fractures. The article will then have a table illustrate how much some injuries could be valued.
This guide will also explore the treatment of buckle fractures and what happens if a broken bone is misdiagnosed. Similarly, there’ll be a discussion about what can cause misdiagnosis and how you can tell whether a misdiagnosis is the result of medical negligence and, therefore, something you could claim for.
Additionally, this guide will look at the personal injury claims time limit to see how much time you may have left to claim. We’ll examine what the general time limit is on making a claim and the exceptions that can apply to these time limits.
There will also be a section on No Win No Fee agreements and how these can help you in funding legal representation for your claim. Moreover, there’ll be some additional guides to ensure you have as much information as possible to start the process of claiming. Finally, we will answer some frequently asked questions we are asked regarding buckle fracture claims.
What Is A Buckle Fracture?
As we’ve already mentioned, buckle fractures occur when the bone bends instead of completely breaking, creating a buckle on one side. They can also be referred to as Torus fractures.
Buckle fractures are an example of what’s known as a stable fracture. A stable fracture means that the two pieces of bone haven’t separated and moved away from one another.
Buckle fractures are also incomplete. This means that, while there is a break in the bone, it doesn’t go all the way through. Buckle fractures can be more common in children because their bones contain soft areas of cartilage known as growth plates.
Adults can also experience buckle fractures, but this is less common. Adults at risk of buckle fractures include those who suffer from osteoporosis, which is a condition that weakens the bone.
The statistics below show the number of fractures reported to RIDDOR in British workplaces from 2016/17 to 2019/20. As we can see, the number of fractures was at its highest in 2017/18 and was at its lowest point in the most recent year. However, it’s important to note that these figures are not related specifically to buckle fractures. Furthermore, these figures are not specific to negligence, and so not all of them will be the basis for a claim.
Buckle fracture compensation statistics graph
Torus And Buckle Fracture Anatomy
Buckle fractures can often occur on long bones in children, such as the arms or legs. This is because these bones contain “growth plates”, or sections of cartilage that allow the bones to grow.
A torus fracture often involves the distal radial metaphysis, which is the wrist end of one of the long bones of the forearm. The metaphysis sits between the epiphysis and diaphysis, which are the round ends of the bone that connect to the other bones in the joint.
If you or your child have suffered a torus fracture that was caused by the negligence of someone who had a duty of care to ensure your safety, you may be able to claim buckle fracture compensation. You can get in touch with our team of advisers today to discuss your situation.
Understanding The Symptoms Of Buckle Fractures
There are a number of symptoms that can become apparent after you or your child have suffered from a buckle fracture. These include:
- Bruising
- Pain
- Swelling
- Stiffness or difficulty moving
- A lump over the fracture site
If you or your child experiences any of these symptoms following an accident that causes injury, we recommend you seek medical attention for the injuries. The sooner you seek treatment, the more complete the recovery is likely to be.
What Can Cause Cause This Type Of Injury?
This type of injury can be caused by a variety of different accidents. However, in order for you to claim compensation for your injuries, you need to show that the accident happened because someone else neglected their duty of care. Instances of breach of duty might include:
- Road traffic accident: A car accident can cause a buckle fracture if sufficient force is applied to the bone. For instance, if another driver failed to pay attention at a junction and pulled out when it was unsafe to do so, this could cause a buckle fracture provided the impact between the cars was sufficiently forceful.
- Accident at work: Falling from a ladder could lead to someone stretching their hand out to protect themselves, which could cause a buckle fracture. If you fell from a height because your employer neglected the duty of care outlined in the Heath and Safety at Work etc. Act 1974, for instance, they could do this by providing you with a faulty ladder, you may be able to claim for your injuries.
- Public place accident: You or your child could suffer from a slip, trip or fall because the person in control of the space didn’t do all they could to ensure your safety. If this happens, the occupier of the public place may have neglected their duty of care. The Occupiers Liability Act 1957 states that the occupier or owner of a public place has a duty of care to safeguard and protect anyone who has access to it.
If you’ve suffered a torus or buckle fracture, you can contact our team of advisers today. They can have a chat with you about claiming buckle fracture compensation and may be able to connect you with a personal injury lawyer from our panel.
Calculate My Buckle Fracture Compensation Settlement
Instead of including a personal injury claims calculator, we’ve included a helpful compensation table including the latest Judicial College Guidelines figures. This is to illustrate how much compensation some injuries may be valued based on these guidelines. However, the figures included in this table are examples, and figures may vary.
| Injury: | Notes: | Compensation: |
|---|---|---|
| Wrist Injuries | A very minor fracture that is undisplaced and where a full recovery has been made within 12 months. | Rarely exceed £9,620 |
| Hand, Finger and Thumb Injuries | Fractures in this bracket will generally have recovered within six months. | £3,310 to £4,450 |
| Elbow Injuries | Simple moderate or minor fractures to the elbow which don’t cause the injured person any permanent damage or impaired function. | Up to £11,820 |
| Simple fractures of the forearm | £6,190 to £18,020 | |
| Simple femur fractures | Fractures which don’t cause damage to the articular surfaces | £8,550 to £13,210 |
| Simple tibia or fibula fractures | Simple tibia fractures where the recovery has been complete, or there are ongoing minor symptoms like dull aching or restricted movement | Up to £11,110 |
The above table covers the general damages head of your claim. General damages compensate you for the injury and the emotional and physical effects it’s had on your life. This part of your claim will vary depending on how badly you’ve been injured and the length of time it’s taken you to recover.
Special damages compensate for the financial loss you’ve incurred due to your injuries. For example, you may have spent your own money on transport to and from medical appointments. You may have also had to take time off work to recover. These can be included in special damages provided that you can provide evidence of your loss.
How Are Buckle Fractures Treated?
As buckle fractures are incomplete and stable, they don’t require surgery in order to be treated. If you suspect that your child has sustained a buckle fracture, you should seek medical attention as soon as possible.
A doctor will usually ask you how the injury occurred in order to help diagnose a buckle fracture. They will arrange for an X-ray of the wrist to be performed so that they can see where the injury is and ensure that there are no other injuries that are more serious.
A buckle fracture will be treated with a splint which keeps the injured body part from moving. The splint is not a treatment for the injury but is intended to reduce pain as the fracture heals on its own.
Your doctor may give you exercises to do as the bone heals. It’s important that you or your child undertake these exercises as soon as possible to aid recovery.
Misdiagnosis Of A Broken Bone
Sometimes, you might go to the doctor or hospital after an injury in the hope of receiving treatment, only for it to emerge that your condition was made worse by substandard medical care. If this is the case, then you may be able to claim for medical negligence.
Not every instance of a missed fracture diagnosis is an instance of medical negligence. Sometimes a fracture might be missed even if the doctor is providing the level of care expected from their profession. In these cases, you would not be able to claim.
To prove that the doctor was negligent in their treatment, the court will administer the Bolam test. This is where a panel of the doctor’s peers will be asked whether they would have acted the same when presented with the same information.
If they can confirm that they would have acted the same, the doctor will not be considered negligent. This is because they were acting in accordance with the standards expected of their field.
If the panel of peers say they would have acted differently, however, this would be considered negligent. As a result, you may be able to claim.
Showing that a doctor was negligent is not all that’s required to make a claim, however. You also need to prove causation. This means that you need to show that the treatment you received caused your injuries to be worse than they would have been if the treatment had been up to standard.
Causes Of Missed Fractures
Multiple things can factor towards a fracture misdiagnosis. These include:
- Failing to order the correct diagnostic tests. Your doctor may have failed to arrange for an X-ray to be taken even if your symptoms mean one should have been performed. If this causes your fracture to be misdiagnosed and your condition is made worse as a result, you may be able to claim.
- Misinterpreting X-ray results. In the event that the right tests have been ordered, the results of these tests may be read incorrectly. This could result in your injury being made worse than it would have been if your injury was diagnosed.
- Administrative error. Human error might result in the results of a test being mislaid or sent to the wrong person. If you can prove that this has caused you to suffer more than you otherwise would have, you may be able to claim.
Get in touch with our team of advisers today to receive 24/7 free legal advice about medical negligence claims. If they feel you have a valid claim, they may be able to connect you with a solicitor from our panel.
Is There A Time Limit On Injury Claims?
The general personal injury claims time limit is three years. That means three years from the date that you suffered your injuries or three years from when you gained knowledge that your injuries were due to someone else’s negligence. However, the three-year time limit does differ in some cases.
If you’re under 18, the three-year time limit begins on your 18th birthday. Before this, someone can claim on your behalf at any point until your 18th birthday. They can do this by becoming a litigation friend.
Similarly, you can claim on behalf of someone who lacks the mental capacity to do so by becoming a litigation friend. The 3-year time limit for them to claim will restart in the event that they regain mental capacity; otherwise, the time limit is suspended indefinitely.
If you’d like more information about how long you have left to make a personal injury claim, you can get in touch with our team of advisers. They’ll happily offer you free legal advice about the time limits for claiming.
How Do You Claim Damages For Your Injury?
If you believe you or your child are suffering a torus fracture, the first thing you should do is seek medical attention. Leaving your buckle fracture with no treatment for a long period of time can worsen the injury and result in it healing incorrectly. It’s important to ensure you receive the right treatment as soon as possible to ensure the fracture heals well.
Additionally, you should gather as much evidence about your financial loss as possible. For example, you could provide payslips to prove that you suffered a loss of earnings.
Finally, it’s recommended that you work with a personal injury lawyer to help with your claim. While it’s not a legal requirement to have a solicitor work on your case, we believe their guidance and support could help you get more money from your claim.
If you’re worried about how you might pay for legal representation, our section on No Win No Fee agreements could help. Please read on for more information.
Could I Make A No Win No Fee Buckle Fracture Compensation Claim?
A No Win No Fee claim is a contractual agreement between you and your personal injury solicitor stating that you don’t have to pay any of your solicitor’s fees if your claim fails. You also won’t be asked to pay anything while your claim is ongoing or in the event that it’s unsuccessful.
If your claim is successful, your lawyer will deduct a small, legally capped percentage of your compensation. This will be discussed with you before it’s deducted and will cover their costs.
You can contact or team of advisers by:
- Calling them on 020 3870 4868. An adviser will be happy to offer you 24/7 free legal advice.
- Filling in our online personal injury claims form. One of our advisers will reply to you whenever is best for you.
- Reaching out to our team of advisers via our live chat pop-up box for a response straight away.
Related Information
This section includes further resources that may help you out.
How To Make Food Allergy Claims – Find out How To Claim Compensation For A Food Allergic Reaction? – Have you suffered an allergic reaction due to someone else’s negligence? Our article discusses how you can receive compensation for your suffering.
Fractured And Broken Jaw Injury Compensation – Is a buckle fracture not the only injury you’ve experienced? Our guide explains how you can make a personal injury claim if you’ve suffered a broken jaw injury that wasn’t your fault.
A Guide To Holiday Accident Claims – How Much Compensation Can I Claim? – How To Claim? – Have you suffered an accident on holiday that wasn’t your fault? Our article explores how you can receive compensation.
How Do I Know If I’ve Broken A Bone? – If you suspect you may have experienced a broken bone injury, this NHS guide explains the signs, treatment, and recovery process.
The Health and Safety Executive– This government agency is responsible for the regulation and enforcement of workplace health and safety.
Highway Code– The Highway Code outlines the steps that road users are expected to take to ensure their safety on the roads.
FAQs About Buckle Fracture Claims
Here are some questions that are commonly asked about buckle fractures.
How long does it take for a buckle fracture to heal in a child?
It can take around 6 weeks for a child to heal from a buckle fracture. However, it may take longer for adults to recover.
Is a buckle fracture worse than a break?
A buckle fracture is a type of break, but only one side of the bone is bent. This is a stable fracture. Because of this, it may not pose a risk of moving out of place and causing internal injury.
Is a buckle fracture a broken bone?
Yes, a buckle fracture is a broken bone. However, it only affects one side of the bone. They usually occur in children whose bones are more flexible.
How painful is a buckle fracture?
A buckle fracture can be painful, especially in children. However, it may not be as painful as an unstable fracture.
Thank you for reading our guide about claiming buckle fracture compensation.
Guide by HL
Checked by NC
