Last updated on April 11th, 2022
In this guide to avulsion fracture compensation claims, we’ll explain when a claims might be possible, what common accidents can cause avulsion fractures, and review what amount of compensation might be awarded.
If you would like free advice about making an avulsion fracture compensation claim, our team of claims advisors provide a no-obligation case review to all callers. Once they’ve reviewed everything with you, they could connect you with a personal injury solicitor from our team if it appears you have the grounds to proceed. The main benefit of working with our solicitors is that you don’t need to pay anything unless you are compensated. That’s because all avulsion fracture claims that are taken on are processed on a No Win No Fee basis.
Please call the number above if you’d like to begin your claim for an avulsion fracture right away. Otherwise, please read on to learn more about how the claims process works.
Table of contents
- Am I Eligible To Claim Compensation For An Avulsion Fracture?
- Evidence To Support An Avulsion Fracture Compensation Claim
- Common Causes Of Avulsion Fractures
- How Much Compensation For Avulsion Fractures Could I Claim?
- Calculating Avulsion Fractures Compensation
- Time Limits For Compensation Claims
- Benefits Of A Solicitor For Avulsion Fracture Compensation Claims
In simple terms, you might be eligible to claim compensation for an avulsion fracture if it was caused by somebody else. Before one of our solicitors can take on a claim, they will assess whether:
- You (the claimant) were owed a duty of care by the other party (the defendant); and
- The defendant’s negligence caused an accident; and
- Because of that accident, you sustained an avulsion fracture.
There are many scenarios that could lead to an avulsion fracture compensation claim including accidents at work, sporting accidents, slips, trips and falls and road traffic accidents. We’ll review these in more detail shortly. Before that, let’s look at what you could do to help prove how you were injured.
If you’re going to claim compensation for an avulsion fracture you should ideally look to provide your solicitor with plenty of evidence to support your claim. You could do this by:
- Taking pictures/video. Capturing the scene of an accident can make it a lot easier for others to determine what led to your avulsion fracture. That’s especially true if the picture/video is taken before anything is moved.
- Report the accident. If you’re injured whilst at work or injured on a company’s premises, they must record the accident if they’re made aware of it. Your copy of the accident report form will show when and where the accident took place.
- Get details of witnesses. Your solicitor could ask for a statement from witnesses if the defendant denies that the accident took place or that they were to blame.
- Get treated. Visiting a minor injuries unit or A&E will mean your injury will be professionally assessed and treated. Later on, your medical records could help to prove how seriously you were injured.
- Obtain camera footage. Many accident scenes get captured on video these days. Therefore, it’s a good idea to check if there is any dash cam or CCTV footage that captured what happened, and request a copy of said footage.
Our specialist advisors can examine any evidence you can show them and explain your options.
When you’re involved in an accident, there is always the chance that you’ll fracture a bone. This will usually require some form of treatment and rehabilitation to help the bone heal. Avulsion fractures are slightly different to normal fractures because rather than the bone splitting, a fragment of bone is torn away from the main part of the bone.
Avulsion fractures happen when ligaments are forcefully stretched. As a result of the stretching, part of the bone can come away. Some common examples of how avulsion fractures happen include:
- Slips, trips or falls. Sometimes, when an ankle injury is sustained during a fall, the ligaments in the ankle can stretch so much that they cause an avulsion fracture.
- Falls from height. Avulsion fractures are sometimes possible when falling from height. The impact when hitting the ground might cause stretched ligaments that result in fractures.
- Road Traffic Accidents (RTAs). These might be possible if the body is restrained by a seatbelt and the ligaments are pulled and damaged during a collision.
- Workplace accidents. You may be entitled to claim if you’ve suffered an avulsion fracture knee injury at work because of negligence by your employer.
The main problem with avulsion fractures is that they’re not always as easy to detect or treat as other fractures, and can cause symptoms that affect your ability to work or enjoy hobbies that’d you’d previously participated in.
In addition to severe pain that comes on suddenly, some other symptoms of avulsion fractures include:
- Swelling and bruising.
- Difficulty moving a limb.
- A limp or struggling to walk because of pain in the leg.
- Cracking or popping noises.
- Muscular pain.
- Pain that spreads to other body parts.
Avulsion fractures tend to happen in the lower part of the body. Common sites of avulsion fractures include legs, knees, feet, ankles, and the pelvis as they are where large muscles attach to different bodily joints. Other sites include the navicular bone in the foot, the ischial tuberosity and the 5th metatarsal that connects to the little toe.
If you suspect you have the grounds to claim avulsion fracture compensation, give our advisors a call on 0800 6524 881 for confirmation.
When claiming compensation for an avulsion fracture, you’ll have to provide justification and evidence relating to the compensation you are claiming as every claim is unique. When a personal injury solicitor assesses how much compensation to claim for fractured and broken bones, they’ll look at two main elements of compensation:
- General damages. In this part of your claim, you will claim for the pain and suffering you’ve endured. To help prove this part of the claim, you may require a medical assessment. It will be conducted by an independent expert, usually locally, who will examine your injuries and provide a medical prognosis.
- Special damages. Many injuries will result in expenses, costs, and losses. Therefore, these could be included in the value of your claim. For example, you might be able to claim back any lost income or the cost of travelling to and from medical appointments.
As part of our free avulsion fracture claim review, your advisor will check how you’ve suffered and explain what might be included in your claim.
To help you understand how much compensation might be paid for an avulsion fracture, we’ve used the compensation calculator for general damages below. It includes a variety of different injuries along with an associated compensation range advised by the Judicial College. These figures are used by solicitors and insurers when calculating compensation settlements.
As all avulsion fracture claims are unique, these figures don’t tell the full story. Settlement amounts could be higher or lower depending on the nature of your injuries. If your claim is handled by one of our personal injury solicitors, they’ll review how much you should claim in total.
In most cases, you’ll have a 3-year time limit when making an avulsion fracture compensation claim. This will start, generally, from the date you were injured. If your child has suffered an avulsion fracture because of somebody else’s negligence, a litigation friend could make a claim on their behalf, or they’ll have 3 years from their 18th birthday to claim themselves if not.
We would suggest that you begin your claim at your earliest convenience. The avulsion fracture claims process can be tricky and your solicitor will need time to gather evidence, arrange medical reports and complete other tasks.
If you’re wondering how long your claim will take, well, it will depend on whether the defendant admits liability for both your injuries and the accident. Where this happens swiftly, the claim could be finalised in around 6-months. Where further evidence and negotiation is required, the process could take longer.
Most avulsion fracture claims will be forwarded by the defendant to their insurance company. As you might expect, insurers typically won’t pay a penny in compensation unless it’s clear that their client caused your accident and your injuries. If you can’t present evidence to show that they’re liable, your claim might be rejected and you might not be compensated at all.
Our team of personal injury solicitors know how the claims process works and what evidence is needed to prove what happened. We believe that having a solicitor on your side will improve the likelihood that you’ll receive compensation. If your claim is accepted, your solicitor will keep you updated throughout the claims process and try to achieve the maximum settlement amount possible.
If you would like to talk to us today about claiming compensation, call us on 0800 6524 881 right away. Any avulsion fracture compensation claim that is taken on by our solicitors will be processed on a No Win No Fee basis.