If your orthopaedic injury was caused by an accident that was not your fault, you should consider filing an orthopaedic injury claim for compensation. While compensation can’t make up for your pain, suffering, and trauma, it can help ease the financial burden you may have on you and your family.
What Is An Orthopaedic Injury
Any injury that affects the musculoskeletal system is known as an orthopaedic injury. Orthopaedic injuries can be wide ranging and include:
- Wrist injuries such as strains and sprains
- Ankle injuries
- Broken bones, fractures, and amputations
- Muscle, ligament and tendon injuries
- Spinal injuries
- Dislocation of a joint
- Overuse or repetitive strain injuries
All of these injuries can be painful and have far-reaching consequences. They can affect your mobility temporarily or permanently.
Causes & Consequences Of Orthopaedic Injuries
Orthopaedic injuries can be caused through several different ways.
Severe trauma to the bone can cause broken bones, fractures, amputations, or spinal injuries. Some of the most common causes of orthopaedic injury claims are:
Muscle, ligament and tendon injuries are typically caused due to overloading accidents, where the affected person carries out strenuous physical work without using proper lifting and carrying aids.
Overuse or repetitive stress injuries result from the person carrying out the same activity non-stop for extended periods of time. This damages the soft tissues.
Medical negligence can result in all sorts of orthopaedic injuries from minor to very serious. These might be caused due to misreading X-rays or misdiagnosis resulting in delay of appropriate treatment, issues encountered during joint replacement surgery, post-operative infection, faulty equipment or negligence during surgery leading to spinal or nerve damage.
Depending on the severity of the injury, it may even be years before your mobility is fully restored. Most of these injuries do not heal on their own. They require surgery followed by extended periods of physiotherapy to heal completely. Some injuries may cause permanent instability or weakness in the area. It is not uncommon for secondary conditions, such as osteoporosis or osteoarthritis to develop.
If any of these injuries are caused by negligence then an orthopaedic injury claim for compensation may be pursued.
How Much Compensation For An Orthopaedic Negligence Claim?
Unfortunately with any type of personal injury claim, there isn’t one definitive answer to the amount of compensation you would receive for a successful orthopaedic negligence claim without our solicitors factoring in every little detail. Having said that, by using our injury compensation calculator provided below, injury victims can get some idea of what settlement amounts could be awarded in relation to pain and suffering (general damages).
To calculate special damages compensation, a solicitor would need details of costs and expenses related to the orthopaedic injury (if applicable) to come to a total amount. If you don’t know what general damages and special damages relate to and how they can change compensation settlements by a fair margin, you can find out more here.
If you have suffered injuries due to orthopaedic negligence and would like a no-obligation free consultation for advice on making an orthopaedic negligence claim, please call us on 0800 6524 881 and an advisor will be happy to advise on your options.
Making An Orthopaedic Injury Claim
Orthopaedic injuries are painful and can keep you off your feet for weeks if not months or even years. In addition to lowering the quality of life, they can also force you to take leave from work, which means loss of income and loss of potential perks such as bonuses or promotional opportunities.
To regain even a minimum degree of independence, you may have to invest in some type of mobility device or make expensive structural changes to your home or vehicle.
With the above in mind, making an orthopaedic injury claim could see you receive compensation for the following:
- General pain and suffering
- Any medical expenses, such as cost of diagnostic tests and prescription medication, surgery, hospital bills, and long-term rehabilitation treatment
- Cost of all travel related to your treatment including taxi or public transport fares and parking fees
- Cost of making any structural adaptations to your home
- Cost of fitting assistive equipment to your vehicle to facilitate mobility and reduce your dependence on others
- Cost of mobility equipment such as a walker, wheelchair or other device
- Cost of home care if you can no longer manage housework independently
- Costs incurred by relatives or friends who have had to take time out to help and support you during recovery
- Loss of income from being forced to take time off from work
The best way (in our opinion of course) to ensure that you file a successful orthopaedic injury claim and win the maximum compensation that is legally due to you is by getting a personal injury solicitor to make the claim for you.
What To Expect When You Consult With A Personal Injury Solicitor
When you get in touch with a personal injury solicitor for a free consultation on your orthopaedic injury claim, they will ask you about what injuries you have suffered, how severe they are, and what caused them. The may also want to look through what evidence you may already have that can help to bolster your claim.
If the evidence does not point to a no-fault injury, the solicitor will likely advise you to drop the claim. However, if all evidence points to a no-fault injury, the solicitor may advise you to file a claim for compensation. Most solicitors will also offer to waive upfront fees and make the claim using a No Win No Fee agreement.
A No Win No Fee agreement frees you from any financial burden or risk in the event that your claim is unsuccessful. The solicitor essentially takes all the financial risk and covers all the expenses associated with the claim until a decision one way or the other has been made. With us you only pay a success fee if your claim is successful. The fee is calculated as a percentage of the total amount awarded to you, and simply deducted from the compensation.
Time Limits For Filing Orthopaedic Injury Claims
There are strict time limits for filing personal injury claims. Orthopaedic injury claims should be filed within three years from the date of the accident or from when the injury was diagnosed. For example, if your injury was caused by medical negligence, you have three years from the date you found out that your injury was as a result of the treatment.
Three years may seem like a long time but it isn’t. Your solicitor needs some time to gather all the evidence, research precedents and consult with experts in order to put together a strong case. Get in touch with a personal injury solicitor at the earliest. The earlier you get legal advice and initiate proceedings for an orthopaedic injury claim, the earlier you can get the compensation you need to ease your financial burden.