Can you claim compensation for a fractured/ broken bone?

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Fractured And Broken Bone Claims

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Fractured And Broken Bone Compensation

Fractured or broken bones can be excruciatingly painful and often take several weeks or even months to get completely healed. Both of these factors can seriously affect your everyday life in several different ways. Depending on which bone is fractured or broken, you may be unable to go to work, or perform even the simplest activity at home. You may also need to undergo long-term rehabilitation or make structural changes to your home or vehicle so that you can return to some sense of normalcy despite the injuries.

Getting back on track after a fractured/ broken bone injury is not easy. If the injury was not your fault, you should explore your legal right to claim fractured/ broken bone compensation for your pain, suffering, and financial setbacks.

Fractured Bone Compensation Versus Broken Bone Compensation

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.
Broken Arm

Difference Between A Fracture And Break

The bone is said to have suffered a fracture when there is a small crack or a hairline crack within the bone. This is a simple fracture and is less serious than a broken bone.

In a broken bone injury, the bone snaps or breaks and the surrounding tissue also gets damaged. A broken bone injury is more complicated and can take longer to heal. If the bone is in the proximity of a vital organ, it can result in life-threatening complications.

When Can You Claim Compensation For A Fractured/ Broken Bone Injuries?

You are eligible to claim compensation for a fractured/ broken bone injury only if it was caused as a result of a no-fault accident. A no-fault accident is one in which you are the innocent victim and your injuries were the result of somebody else’s action or inaction. If you intend to file for compensation, you will need to provide solid evidence to support your fractured/ broken bone claim.

It is important to remember that you are not likely to win any compensation if you cannot provide evidence of fault.

Common circumstances under which you can claim for fracture or broken bone injuries include but are not limited to:

  • Falls from height on a building/ construction site or while doing roofing installing or repairs;
  • Care-home accidents due to poor supervision or negligence;
  • Children’s accidents on the playground, sports field or in a road traffic accident;
  • Fall due to defective products such as weak safety harness, unstable ladder or faulty hinges;
  • Slips and trips due to oil spills, wet floors or broken pavements;
  • Industrial accidents caused due to heavy machinery, faulty devices or injuries caused by fork lift accident;
  • Being involved in a road accident as a pedestrian or while driving a car or riding a motorbike or a cycle;
  • Medical negligence resulting from misdiagnosed or undiagnosed fractures, delay in treatment of a fracture or broken bone, birth injuries or wrongful treatment.

Evidence Supporting A Fractured/ Broken Bone Claim

To prove fault for your fractured/ broken bone injury, you will need to provide some or preferably all of the following:

  • Photographs of the site of the accident highlighting the exact cause;
  • Photographs of your fractured/ broken bone injuries immediately after the accident;
  • Written report in the log book should you have fractured or broken a bone in the workplace;
  • Statements from co-workers or bystanders who witnessed the accident, preferably with their contact details.
  • Police report if the injuries were the result of a road accident or an accident in a public place;
  • Doctor’s report stating the cause of your fracture or break;
  • All bills pertaining to your diagnosis, treatment and medication;

The more documents you provide to support your fractured/ broken bone claim, the better your odds of winning the case. If you are planning on filing a claim, and you should if the injury wasn’t your fault, you must keep a copy of all paperwork associated with the accident.

How To Claim Compensation For Fractured/ Broken Bone Injuries

Taking the right steps is key to winning any fractured bone/ broken bone claim for compensation. The single best thing you can do to help your case is to get in touch with an experienced personal injury solicitor. Should you wish to contact us don’t let thoughts of legal fees or any other money considerations stop you from this first step. All of our established in-house personal injury solicitors provide free consultations. This allows you and them to get to know each other and decide whether or not you want to work together on your claim. You have nothing to lose in doing this.

Even if you decide not to go ahead with your compensation claim, it will be a learning experience for you as you will still be able to ask questions about the process and get an introduction into the legal process.

During this initial consultation, the solicitor will go over all of the documents that you have gathered and consult with other legal experts to determine that you have a strong case. They may also ask you to obtain other documents if necessary.

The No Win No Fee Agreement

Where you have a strong case, the personal injury solicitor will advise you to go ahead with your claim and will also agree to represent you in court should it go that far. At this point, you still do not have to pay any legal fees or upfront payment. Instead, your solicitor will ask you if you are willing to sign a No Win No Fee agreement. The No Win No Fee agreement in essence states that the solicitor will process your fractured or broken bone claim without taking any money upfront. If your claim for compensation is unsuccessful, you do not pay anything. You only pay once the case is successful and the court awards you compensation.

A No Win No Fee agreement allows you to benefit from the solicitor’s expert knowledge and years of experience without any risk. You are not out of pocket at any time and if the claim is won, you only have to pay a percentage of the award to the solicitor which would have been agreed before beginning your fractured/ broken bone compensation claim.

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