By Danielle Graves. Last Updated 29th June 2023. Have you experienced an avulsion fracture? Was your injury caused by someone else breaching the duty of care they owed you? If so, you could be owed compensation for your injuries.
An avulsion fracture can be painful. Because they often occur in areas where the tendon attaches to the bone (for example, the ankle or the elbow) they can affect your mobility.
Avulsion fracture personal injury claims guide
There are a number of different scenarios in which you could experience this kind of fracture. For instance, you may have had an accident at work because your employer neglected to uphold their duty of care towards you.
Alternatively, poor health and safety standards may have caused an accident in a public place. If the accident happened because of a breach of duty of care, you may be owed compensation.
To begin your claim for a fractured bone, contact Legal Helpline today. An advisor will be happy to speak to you in-depth about your ordeal. Moreover, if you would like to go ahead and claim compensation, we can connect you with a personal injury solicitor from our panel to start working on your claim.
Call us today on 0161 6969 685. Alternatively, you could get in touch with us via our website.
Jump To A Section
- A Guide To What An Avulsion Fracture Claim Is Worth
- What Are Avulsion Fractures?
- Avulsion Fracture Symptoms
- Causes And Risk Factors
- Which Bone Could Have An Avulsion Fracture?
- What Is The Time Limit For Personal Injury Claims?
- How Could Clinical Negligence Cause You Further Harm?
- Recovery
- What Damages Can You Claim?
- Calculating Payouts For Avulsion Fractures
- Claim For An Avulsion Fracture With A No Win No Fee Solicitor
- Make An Enquiry
- Further Broken And Fractured Bone Claims
- FAQs About Fracture Claims
A Guide To What An Avulsion Fracture Claim Is Worth
If you wish to claim compensation for an avulsion fracture but don’t know where to start, this guide could help. This guide will explain what an avulsion fracture is and look at how it can happen.
We will also answer frequently asked questions about avulsion fractures, such as “Are avulsion fractures serious?” and “Can an avulsion fracture get worse?“. After this, we will explain how to claim compensation for an avulsion fracture caused by third-party negligence.
In order to claim compensation for an avulsion fracture, another party must have owed you a duty of care. This means that they were responsible for your health and safety. You’re owed a duty of care in a number of different scenarios, including while you’re at work, on the road and in public spaces.
The responsible party must also have acted negligently and therefore caused your accident. If they did everything they could to stop the accident from occurring but it happened anyway, you will be unable to claim.
And finally, medical evidence will be required to prove that the accident directly caused your injuries.
If you have any further questions about claiming compensation for an avulsion fracture, please call our helpline to speak to an advisor today.
What Are Avulsion Fractures?
An avulsion fracture happens when a small piece is pulled away from the bone. An avulsion fracture occurs near the point where the bone attaches to a tendon or ligament.
A fracture like this will often occur if there is a twisting or pulling action. For example, athletes could suffer an avulsion fracture because there is a lot of twisting and changes in direction in this kind of activity.
If you have experienced an avulsion fracture that was not your fault, you may be eligible to claim compensation for your injuries.
Avulsion Fracture Symptoms
Symptoms of an avulsion fracture can include the following:
- Sudden pain at the site of the fracture
- Pain when you try to move the bone
- A loss of function on the site of the fracture
- Difficulty bearing weight on the injured area
- Instability of the joint
- Bruising
- Swelling
- Limited movement
It is difficult for a doctor to diagnose an avulsion fracture just by looking at the injury. However, an examination should indicate if there is a break or fracture of some kind. Doctors will often use an X-ray machine or MRI scan to diagnose a fracture properly.
If you’re experiencing avulsion fracture symptoms, you should seek medical attention. This will enable you to get the treatment you need and will provide medical records that could be used as a basis for your claim.
Causes And Risk Factors
Sporting injuries often cause avulsion fractures. Young athletes are particularly vulnerable to avulsion fractures because their bones have not finished growing.
However, these fractures can also happen in other environments where someone has a responsibility to keep you safe. For example, this could happen at work or while you’re in a public place.
Here are some examples of accidents that could cause an avulsion fracture:
- You slip on a wet floor at work because your employer neglected to fix a leaking pipe.
- Your local council neglects to fix a pothole on the pavement, causing you to trip and fall.
- You took part in an organised sporting activity, where the instructor was not properly qualified. Their lack of knowledge led to an accident.
You would need to show that the accident was caused by the negligence of someone who owed you a duty of care. For example, your employer has a duty of care towards you according to the Health and Safety at Work etc. Act 1974. You’re also owed a duty of care in public according to the Occupiers’ Liability Act 1957. The person who owes you a duty of care must take all reasonably practicable steps to ensure your safety.
If you have suffered an avulsion fracture as a result of negligence on the part of a third party, you may be able to claim. Speak to a member of our team today to find out more.
Which Bone Could Have An Avulsion Fracture?
An avulsion fracture can occur anywhere in the body. However, they are more common in parts of the body where joints are. For example, ankles, hips, fingers and feet.
For example, you could experience an avulsion fracture to your hip or pelvis. This kind of fracture could limit your movement.
You could also experience a fracture of this nature to the shinbone. This can occur if a high-powered jumping motion is performed.
What Is The Time Limit For Personal Injury Claims?
If you are eligible to make a personal injury claim for avulsion fracture compensation, you must initiate legal proceedings within the relevant time limit as set by the Limitation Act 1980. Generally, this is three years from the date of the accident that caused the avulsion fracture in your wrist.
However, for certain injured parties, there are exceptions to the limitation period. These include:
- Those under the age of 18. In these cases, a pause is applied to the time limit lasting until their 18th birthday. Prior to this date, a court-appointed litigation friend can start the claiming process for them. Once they turn 18, they will have three years from that date to start their claim if one has not been made on their behalf.
- Those who lack the mental capacity to make their own claim. In these cases, there is an indefinite suspension applied to the time limit. During this time, a litigation friend can make a claim for them. If the injured party regains this capacity, they will have three years from the date of recovery to begin the process if a litigation friend did not act on their behalf.
To find out more about limitation periods for personal injury claims and to see if you are still within the time limit to start the legal process, please get in touch with one of our advisors.
How Could Clinical Negligence Cause You Further Harm?
Clinical negligence describes a situation where a healthcare provider has provided you with a standard of care that is not acceptable. In order to claim for clinical negligence, you would need to have been harmed by the actions of the medical professional.
Sometimes, an avulsion fracture can be misdiagnosed as a tendon tear or strain, meaning that they don’t get the treatment they need for the injury. If a patient does not receive immediate medical treatment for their fracture, they can experience unnecessary pain and suffering.
Furthermore, if an avulsion fracture is not treated, the patient may develop avoidable complications, such as avascular necrosis, which can destroy a joint.
Not every case of misdiagnosis will be a result of medical negligence. In some cases, a doctor might miss or misdiagnose your condition even while they’re delivering the right level of care.
However, you might be due for compensation if your fracture injury was worsened by medical negligence. If a doctor missed or misdiagnosed your avulsion fracture because the care they provided was substandard, contact Legal Helpline today to enquire about claiming compensation.
Recovery
An avulsion fracture can take up to 12 weeks to heal. However, you may experience some swelling for some time afterwards.
You might also be offered some exercises to do while you recover. This may help you regain the full range of motion you enjoyed before the accident.
Your doctor will be able to recommend what to do when recovering from an avulsion fracture. Please speak to your doctor, who can prescribe the best course of action to take.
What Damages Can You Claim?
These are general damages which are normally the primary part of your compensation payout. General damages compensate you for the physical pain your injuries caused and the negative impact on your quality of life. You may also receive special damages compensation on top of this.
Unfortunately, suffering an injury can come with unexpected costs. The special damages part of your compensation can cover any out-of-pocket expenses associated with your injuries.
Examples of what could be covered by special damages include:
- Medical expenses
- Travel expenses
- Care costs
- Reimbursement for loss of earnings if you had to take time off work
You will need to keep evidence of the costs you have incurred. For example, you could keep invoices and receipts to show the costs you have incurred.
Calculating Payouts For Avulsion Fractures
You can use this compensation table to estimate how much compensation you could claim for your fracture injury. The table illustrates general damages you could claim. These compensation amounts are based on the Judicial College Guidelines.
| Location Of Fracture | Settlement Bracket | Comments On This Injury |
|---|---|---|
| Severe (i) - Pelvic Or Hip Injury | £78,400 to £130,930 | An extensive pelvic fracture which could involve the lower back back being dislocated or the bladder also being ruptured. |
| Severe (ii) - Pelvic Or Hip Injury | £61,910 to £78,400 | Examples of injuries which could be claimed for include, fractured dislocations of the pelvis where the pubic rami and ischial are both involved. |
| Moderate (i) Pelvic Of Hip Injury | £26,590 to £39,170 | A pelvic or hip injury which is significant but which does not cause a major permanent disability. |
| Lesser Pelvic Or Hip Injuries (i) | £3,950 to £12,590 | The person has little to no disability and has made an almost complete recovery. |
| Severe (ii) Knee Injury | £52,120 to £69,730 | Fractures of the leg which extend into the knee joint. This may cause pain. The person may also be limited in terms of their movement through the knee. |
| Very Severe - Ankle Injury | £50,060 to £69,700 | Very severe ankle injuries could include transmalleolar ankle fractures or present as a bilateral ankle fracture. The secodn of these could cause the degeneration of the ankle joint at a young age. |
| Severe - Ankle Injury | £31,310 to £50,060 | An injury which causes a long period of treatment or long period requiring pins and plates or being in plaster. There could still be significant disability and instability in the ankle. |
| Moderate - Ankle Injury | £13,740 to £26,590 | An ankle fracture which could lead to the person having a less serious disability, such as problems walking on uneven surfaces or difficulty in walking or just standing from longer periods of time. |
| Modest - Ankle Injury | Up to £13,740 | This may include undisplaced or minor fractures. |
Please take note that you will usually be invited to a medical report as part of your claim. The results from this independent assessment will be used to value your claim.
For an accurate assessment of the compensation you could receive, you can call Legal Helpline to speak to an advisor. We can estimate how much fracture compensation you could claim based on your circumstances.
Claim For An Avulsion Fracture With A No Win No Fee Solicitor
A No Win No Fee agreement is a contract between you and a solicitor that sets out the conditions your solicitor will need to meet before they ask for payment.
Under this kind of agreement, you won’t be asked to pay your solicitor anything upfront in order for them to start working on your claim. You also won’t have to pay them anything while the process is ongoing, or in the event that the claim is unsuccessful.
If you win your claim, your solicitor will deduct a percentage of your compensation as a success fee. This is legally capped and ensures that you always get the majority of the compensation you are owed.
Please call Legal Helpline today to see if your legal representation can be funded using a No Win No Fee agreement.
Make An Enquiry
Legal Helpline can provide you with an experienced solicitor to handle your claim for an avulsion fracture. To begin your compensation claim, please get in touch with Legal Helpline today.
- Call us today on 0161 696 9685.
- Alternatively, get in touch online
- Or begin chatting with an advisor today by asking us a question via the chat widget.
Further Broken And Fractured Bone Claims
We hope that this guide to make an avulsion fracture claim has been helpful. Please feel free to read this information about claiming compensation for a broken bone.
Compensation For A Broken Arm At Work
Claiming For A Broken Leg At Work
Compensation For A Broken Finger Accident At Work
How do I know if I’ve broken a bone? – An NHS guide
The Royal Society for the Prevention of Accidents
Broken arm or wrist – An NHS guide
Learn more about prison injury claims and get advice on the personal injury compensation claims process.
FAQs About Fracture Claims
We will now answer some frequently asked questions about claiming compensation for an avulsion fracture injury.
Is an avulsion fracture serious?
This kind of fracture is usually not serious. However, if you don’t receive the right treatment this could cause ongoing issues.
Is an avulsion fracture bad?
An avulsion fracture can be painful. Speak to your doctor about what treatment is most appropriate to relieve your pain.
Can an avulsion fracture get worse?
An avulsion fracture could get worse if it is not treated properly. This could happen as a result of medical negligence.
Thank you for reading our guide about claiming compensation for an avulsion fracture.
Written by HC
Edited by FS