Last updated on May 12th, 2022
If you’ve fractured or broken a bone, you will no doubt have suffered a lot of pain. Beyond that, you’ve probably endured weeks or months of suffering and inconvenience while your injury was healing. In some cases, fractured or broken bones don’t heal correctly which means you might be left with some form of ongoing disability. Importantly, if your broken bone was caused by another person’s negligence, you could be eligible to claim compensation.
In this guide to claiming compensation for fractured/broken bone injuries, we’ll look at when compensation claims can be made, explain the forms of negligence that could lead to a claim, and look at what settlement could be awarded.
Our team of personal injury specialists are here to help if you have any questions. We can review your claim during a no-obligation case review and provide free legal advice. Where your claim seems to have the grounds to continue, we’ll connect you with a personal injury solicitor from our team. To make the process of claiming compensation less stressful, they’ll represent you on a No Win, No Fee basis if your case is accepted. That means there aren’t any solicitors fees payable in advance and you won’t pay any if your case is not successful.
Are you ready to claim compensation for a fractured or broken bone right away? If so, call us on 0800 6524 881 to get in touch. If you’d like more information on whether you’re eligible to take action first, please read on.
Table of contents
- Eligibility To Claim Compensation For Fractured Or Broken Bones
- Evidence To Support A Personal Injury Claim
- What’s The Difference Between A Broken Or Fractured Bone?
- Common Accidents Leading To Fractured And Broken Bones
- How Much Compensation For A Fractured Or Broken Bone Can I Claim?
- Fractured/Broken Bone Settlement Amounts
- Time Limits For Making Compensation Claims
- Why Use A Personal Injury Solicitor For Fractured And Broken Bone Compensation Claims
There are some criteria that must be met before a solicitor will take on your fractured or broken bone compensation claim. To verify whether you’ve got a reasonable chance of success, they’ll check whether:
- The person you’re claiming against owed you a legal duty of care; and
- As a result of a negligent act, they caused an accident to occur; and
- You fractured or broke a bone during the accident.
That means that whether you’ve broken a bone at work, in a car crash, or following a trip and fall on a pavement, you could be eligible to claim compensation if somebody else was responsible for your injuries. During your free case review, an advisor will discuss what happened and try to ascertain whether a duty of care existed. After that, they’ll review any evidence you have to prove how the accident occurred.
To help you support a personal injury claim, you will need to provide evidence that shows how your bone was broken or fractured and who was responsible. The types of information you could use to support your case include:
- Photographs of the accident scene.
- Witness contact information in case a statement is required later on.
- CCTV or dashcam footage if the accident was captured on camera.
- Medical reports and x-rays from the hospital where your fractures were treated.
- Accident report forms to help establish when and where the incident occurred.
- Invoices and receipts to help claim back any costs you’ve incurred because of your broken bone.
It’s worth spending the time trying to secure as much evidence as you can. If you do decide to claim fractured/broken bone compensation, call our team and ask them to review the information you’ve gathered so far.
The terms fracture and break are interchangeable when it comes to bone injuries. However, hairline or small cracks of the bone are often called fractures. The term broken bone is more likely to be used if the bone snaps and there is damage to the surrounding tissues.
Bone fractures will generally heal more quickly. In some cases, nothing more than a splint or a bandage will be used to aid your recovery. Broken bones can be more complex and, in some cases, may require surgery. Even after treatment, broken bones that don’t fully heal or align correctly can result in ongoing residual pain or disabilities like reduced grip or a limp.
To list every type of fracture or break that could lead to compensation would take some time. However, for reference, we’ve listed some of the most common injuries below:
- Broken leg (femur, fibular and tibia bones).
- Broken arm (humerus, ulna and radius bones).
- Fracture tailbone (coccyx).
- Fracture knee.
- Broken hip.
- Broken shoulder bone.
- Fractured jaw.
- Broken spine.
If you’ve suffered any type of fractured or broken bone, you would be well within your rights to take action. Contact us and let us know what happened and we’ll explain your options.
Here are some examples of common accidents that might mean you need to claim compensation for a broken or fractured bone:
- If you fell from height at work because you weren’t given a safety harness.
- Where you’ve tripped on a pothole that the local authority hasn’t repaired in a timely manner.
- If you’ve broken bones after being knocked off of your motorbike in a road traffic accident.
- Where a care home resident falls because they were not lifted using the correct technique.
- If you slip and fall in a shop because of a leak or spillage that hadn’t been cleared up swiftly.
- If a child breaks a bone in a playground at school because of defective equipment.
- Where you tripped over cables trailed across your office that were not taped down.
- If items fall on you in a warehouse because of broken shelving or racking.
- Medical negligence resulting from misdiagnosed or undiagnosed fractures, delay in treatment of a fracture or broken bone, birth injuries or wrongful treatment.
- Industrial accidents caused due to heavy machinery, faulty devices or injuries caused by forklift accidents.
As you can see, there are scenarios that could lead to fractured/broken bone compensation claims. We specialise in helping potential claimants to take action. Why not call today to see if one of our personal injury solicitors could represent you?
The amount of compensation for fractured and broken bones you could claim is essentially based on two different elements:
- General damages. This element covers the pain, suffering and any loss of amenity the fractures/breaks have caused.
- Special damages. In this element, the focus of your claim relates to any expenses or financial losses. Examples of what you could claim include medical costs, travel expenses, and any lost income.
Importantly, a personal injury claim will usually include an independent medical assessment. Therefore, your solicitor will try to book a local appointment for you with a medical expert. After discussing your injuries and assessing them, a report will be sent to all parties involved in the claim.
Although settlement amounts for fractured and broken bones vary due to the unique nature of each claim, we have provided a range of payouts below, for reference.
- Compensation for a broken wrist can range from £3,530 – £59,860 depending on how severe the fracture is.
- A simple fracture of the Tibia or Fibula could see a payout of up to £11,840.
- A simple Femur fracture, £9,110 to £14,080 compensation.
- £17,960 to £135,920 compensation for a broken leg and leg fractures in general depending on severity.
- A minor broken ankle could see a settlement of up to £13,740.
- £13,740 to £69,700 compensation for broken ankle bones that are considered more serious.
- Up to £13,740 compensation for a fractured 5th metatarsal.
- £13,740 to £70,030 compensation for a broken foot.
These figures (based on the Judicial College Guidelines) are not guaranteed as each claim is unique partly due to the nature of fractures and breaks. If your case is taken on, your solicitor will offer a more detailed compensation estimate after your medical report has been received.
It is important to claim compensation for a broken bone within the allowable time limits. If you don’t, your case might become statute-barred meaning it won’t be processed and you won’t be compensated. The time limit for personal injury compensation claims is generally 3-years from the date your accident occurred, or when the fracture/break was diagnosed.
However, if a child has suffered a broken bone, the 3-year limitation period is not relevant until they reach 18. That’s because a litigation friend (usually parents) can take action at any time before the child’s 18th birthday.
To check whether you’ve still got time to claim, please connect to an advisor in live chat, or give them a call.
Although fractures and broken bones are distinctly different from a medical point of view, from a legal standpoint they both come under the purview of personal injury law and can be claimed as such. The procedure for claiming compensation for a fractured bone or a broken bone is the same. The only difference lies in the amount of compensation you may be entitled to.
Having a specialist solicitor on your side might improve your chances of winning your claim and being paid the right amount of compensation for your injuries. Using their experience and legal training, our solicitors will make sure everything is processed correctly if you’re taken on as a client.
During the claims process, you won’t need to deal with the defendant or their insurance company. Instead, your solicitor will answer any questions on your behalf. If objections regarding liability or your injuries are raised, extra evidence will be supplied to try and counter them.
As the claim progresses, you’ll receive regular updates and will be able to ask any questions you think of. No settlement offer will be accepted until it’s been reviewed with you to ensure it is a fair amount.
If you’d like to start the ball rolling and begin your claim, call our accident claim advice line on 0800 6524 881 today. Remember, any fractured and broken bone compensation claim that’s taken on will be processed by a No Win, No Fee solicitor.