By Megan Stanley. Last Updated 1st December 2022. There are many different accidents which could end up you with sustaining a broken bone. However, if the accident was caused by the negligence of somebody of another person or by someone who owed you a duty of care, you may be entitled to claim compensation for the injury you sustained. This guide covers when you may be entitled to file a personal injury claim for a broken bone, and the level of compensation you could be entitled to receive.
Legal Helpline believes that anybody who’s considering a compensation claim should be able to make one without worrying about how much it will cost. That’s why the legal advice we provide is free. We also offer a free, no obligation, assessment of any claim. Finally, if the claim is strong enough, we could introduce you to a personal injury solicitor on our panel. If they agree to take your claim on, it’ll be on a No Win No Fee basis.
To begin a claim right away, you can call our team of specialists on 0161 696 9685 today. If you’re not quite ready to begin yet, you can carry on reading to find out more about fractured bone compensation claims.
Jump To A Section
- A Guide To Broken Or Fractured Bone Compensation Claims
- What Is A Broken Or Fractured Bone?
- Is There A Difference Between A Break Or Fracture?
- Causes Of Broken Or Fractured Bone Injuries
- Broken Or Fractured Bones Caused By Road Traffic Accidents
- Broken Or Fractured Bones Caused By Slips And Falls
- Claiming For Broken Or Fractured Bones Caused By Accidents At Work
- Broken Bone Compensation Amounts
- Special Damages Which You Could Claim For A Break Or Fracture
- Steps To Take Before Making A Personal Injury Claim
- How Our Team Could Help You Claim For A Broken Or Fractured Bone
- No Win No Fee Broken Or Fractured Bone Compensation Claims
- Begin A Broken Or Fractured Bone Injury Claim
- Medical And Claims Resources
If you’re involved in an accident that results in a fractured bone, you might be entitled to claim compensation. However, to do so, a personal injury solicitor will want evidence that:
- The accident was caused by somebody who owed you a duty of care
- The responsible party was negligent
- And that you suffered an injury as a result of the accident
If you can demonstrate the above, you could have a case for making a claim against the responsible party. Another thing that’s important, is the personal injury claims time limit. This is generally 3 years from the date of the accident which caused a bone to fracture or break. There are exceptions though. For instance, if you claim on behalf of your child, you can do so at any point before they turn 18 years of age. If you don’t, they can claim broken or fractured bone compensation as an adult before they turn 21.
We look at the types of accident that could cause a fractured bone and answer some common questions like:
- How much can I claim for a broken humerus?
- How much can I claim for a broken elbow?
The guide also provides a personal injury claims compensation table to help you answer questions like:
- How much compensation will I get for a broken fibula?
- How much compensation do you get for a broken leg?
- And, finally, how much compensation will i get for a broken foot?
Due to the number of potential injuries in this category, we can’t provide information on every type of fractured or broken bone. Therefore, if you have a more specific question like, “Can I claim compensation for tibial plateau fracture in the UK?” please call and discuss your options with an adviser. Remember, all advice is free, even if you don’t go on to make a claim.
What Is A Broken Or Fractured Bone?
A broken bone is where a break negatively impacts part of a bone, or where the bone splits into two or more pieces following an accident. The most common symptoms of a fracture or break are pain, swelling and deformity of the affected area. Other symptoms that can indicate a broken bone include:
- A snapping or grinding noise when the accident happens
- Swelling, tenderness or bruising around the affected bone
- Pain when putting weight on a joint or when pressing the affected area
- The bone may break the skin in more severe cases
There are different types of fracture which could happen too, these include:
- Comminuted Fractures. These are where the bone is fragmented into at least 3 parts
- Compression Fractures. Where the bone is flattened because it has been crushed
- Transverse Fractures. There is a clean break across the bone.
- Spiral Fractures. The fracture spirals around the bone (usually caused by twisting injuries)
- Oblique Fractures. Where the fracture is diagonal across the bone
- Segmental Fractures. This occurs where there are two fractures meaning the piece of bone in the middle is completely separated
Whatever the type of fracture you sustained, if it was caused in an accident because of somebody else’s negligence, you could be entitled to claim compensation for the injury from the responsible party.
Is There A Difference Between A Break Or Fracture?
You’ll often hear about fractures and breaks of the bone but what’s the difference? Well, they are in fact the same thing. The term is interchangeable. One doctor might say break where another will say fracture, but the medical diagnosis is the same. In this guide, we’ve referred to both broken bones and fractured bones.
Causes Of Broken Or Fractured Bone Injuries
A fractured bone is a common injury and could happen in any type of accident. In the next few sections we look at some of the more common accidents which could lead to a fracture. If you don’t see your type of accident listed, please get in touch because you could still make a claim for compensation.
Bone fractures are usually caused when the bone is hit by something stronger than the bone itself. That might be when an item falls onto the bone, or where the victim collides with a hard object during an accident.
Broken Or Fractured Bones Caused By Road Traffic Accidents
Road traffic accidents can lead to a multitude of different fractures for both drivers and passengers in a car with upper body fractures being very common. For instance, hand, wrist, arm and shoulder fractures, could be caused when the force of a collision travels from the steering wheel up through a person’s arms.
Other road users like pedestrians, cyclists and motorcyclists are even more at risk of sustaining fractures. That’s because, if they’re involved in a collision, they have nothing to protect them from the impact of the collision or the impact of a resulting fall.
You could claim for a broken bone caused by an RTA if the accident was caused by another road user’s negligence. Remember to collect evidence to support your claim and prove who was at fault. More information can be found below.
Broken Or Fractured Bones Caused By Slips And Falls
Some of the more common fractures that occur during a fall involve hand fractures, wrist fractures, arm and collarbone fractures. That’s often the case because the victim places their hands out to break their fall which they do instinctively. It is worth noting that not all falls will result in a compensation claim because for a case to be valid, it needs to have been caused by the negligence of somebody else. For instance, you could claim for:
- Slipping on a wet floor which had no warning signs. This could happen following cleaning, a spillage or a leak
- Tripping on a raised paving slab, missing kerb stone or even a large pothole
- Falling down a flight of stairs because a handrail was missing or broken
Claiming For Broken Or Fractured Bones Caused By Accidents At Work
While you’re at work, your employer has a duty of care to protect your safety wherever possible. While no workplace will be entirely risk free, employer should:
- Perform regular risk assessments and remove any dangers
- Train staff properly
- Ensure staff are aware of the health and safety procedures
- Provide personal protective equipment when required
- Maintain equipment in good working order in accordance with manufacturer guidelines
If you break a bone in an accident at work caused by the negligence of an employer or work colleague, you could be entitled to begin a claim. Please call to discuss your options.
Settlements for successful personal injury claims should include general damages. This aims to compensate you for the physical pain and mental suffering your broken bone or fracture has caused you.
Below, we have created a table to help you understand how much you could receive in compensation for a broken bone. The compensation amounts listed in the table have been taken from the 16th edition of a document called the Judicial College Guidelines (JCG). This document is used by various legal professionals to help them value claims, as the JCG provides compensation brackets for different injuries.
However, it is important to remember that there is no average settlement for a broken tibia, fibula, or any other kind of broken bone. This is because the compensation you could receive will depend on the specific factors affecting your claim, meaning that compensation amounts vary for every claim. So, please use this table as a guide only.
|Arm Injury||(b)||Serious fractures to one or both forearms that can lead to either functional or cosmetic disabilities.||£39,170 to £59,860|
|Leg Injury||(b) Serious (iii)||Serious comminuted or compound fractures leading to prolonged treatment and extensive scarring.||£39,200 to £54,830|
|Leg Injury||(b) Moderate (iv)||Multiple or complicated fractures or severe crush injuries usually to a single limb.||£27,760 to £39,200|
|Leg Injury||(c) Less Serious (iii)||Tibia or fibula fractures that cause minor symptoms that are ongoing.||Up to £11,840|
|Injury to the Hips and Pelvis||Severe (iii)||An acetabulum fracture that causes leg instability and degenerative changes.||£39,170 to £52,500|
|Back Injury||Moderate (i)||A compression/crush fracture of the lumbar vertebrae that leads to constant discomfort and pain.||£27,760 to £38,780|
|Ankle Injury||(c) Moderate||Ligamentous tears and fractures that lead to less serious disabilities such as difficulty walking for long periods of time.||£13,740 to £26,590|
|Hand Injury||(j) Fracture of Index Finger||Osteoarthritis is likely, with grip impairment despite the fracture healing quickly.||£9,110 to £12,240|
|Wrist Injury||(e)||A colles’ fracture that is uncomplicated in nature.||In the region of £7,430|
|Chest Injury||(g)||Disability and pain for a few weeks due to rib fractures or soft tissue injuries.||Up to £3,950|
Contact our team of advisors today if you would like more information about starting a personal injury claim for a broken bone or fracture.
In the previous section, the personal injury claims compensation table included amounts paid out for “general damages”. That’s the compensation paid to cover any pain, suffering or loss of amenity your injuries caused. As well as general damages, your solicitor would also claim “special damages”. This is an amount of compensation paid for financial losses caused by your injuries.
Here are some examples of special damages:
- Medication Expenses
Although you’ll usually receive free treatment for your injuries from the NHS, you could still end up paying out for prescriptions and other medicines. Therefore, it’s possible you could claim these back
- Care Costs
If your injuries are serious enough that you need somebody to care for you while you recover, then any associated costs could be claimed back. This might be to cover a professional carer’s fees, or it could include the time of a family member who looked after you
- Travel Costs
Should you need to make visits to a GP or hospital for treatment, you could end up paying for additional fuel and parking charges. Therefore, they could be added to your special damages claim
- Lost Earnings
An important part of a special damages claim is for lost income. If you take time off work to recover or to attend a medical appointment, you could claim for any earnings lost. Furthermore, if you are affected in the long-term, you could ask for future loss of income too
When your solicitor discusses special damages with you, they’ll need to see proof of your spending. Therefore, you must retain bank statements, wage slips and receipts to show how much you’ve spent due to the injury you sustained.
Steps To Take Before Making A Personal Injury Claim
When making personal injury claims, it’s vital that you can provide evidence which includes the following:
- What happened
- Who could be held responsible for the accident
- The injuries you sustained
- Any treatment you received
- The impact (physical, psychological and financial) the injuries have caused
Therefore, if you’re involved in an accident caused by somebody else’s negligence, the types of evidence you could collect include:
- Medical records
These form a key part of any claim. They are used to demonstrate what injuries you initially suffered. Also, they’ll show what treatment you received, and any medication prescribed
- Photographs of the accident scene
Where possible, try to capture the scene of the accident, including the root cause. The sooner you can do this, the better. That’s because, if you go back at a later date, the cause of the accident might’ve been removed or repaired
- Witness statements
If there were any witnesses present, ask them for their details as their evidence could be used to support the claim
- Accident reports
If the accident occurred in a public place, you should report the accident to staff. All businesses are obliged to record incidents in an accident book. A copy could be obtained to prove when the accident happened and what advice you were given
- Photographs of your injuries
These could be used in conjunction with your medical records to demonstrate the extent of your injuries
- CCTV footage
Finally, where possible, CCTV footage or dashcam footage could be used to clearly show what happened
How Our Team Could Help You Claim For A Broken Or Fractured Bone
If you’re now thinking that you should claim compensation for a broken bone, we hope you’re considering letting Legal Helpline assist you. If so, here is some more information about us and how we work:
- We provide free legal advice to all potential claimants
- Our advisers also provide a free assessment of any claim
- You can claim whenever you like, our claims line is open 24-7
- Our panel of solicitors have extensive knowledge of legislation used to make personal injury claims
- You’ll be kept up to date as your claim progresses
- The solicitors on our panel would work hard to ensure you receive a full and fair amount of compensation for your injuries
No Win No Fee Broken Or Fractured Bone Compensation Claims
Something that bothers people who are considering filing a personal injury claim is the cost of doing so. Our panel of solicitors understands that concern, so they offer to work on a No Win No Fee basis for any claim they take on. A No Win No Fee structure makes the claims process a lot less stressful as the financial risk involved are greatly reduced.A
A No Win No Fee claims process begins with an assessment of your case by the solicitor. That’s because they need to make sure it has a chance of being won before they proceed. If they’re happy to take the claim on, you’ll be provided with a Conditional Fee Agreement (CFA) to review and sign.
A Conditional Fee Agreement lays out two key points:
- A confirmation that there are no solicitor’s fees to pay if your claim is lost
- The success fee you pay if the solicitor wins the case
A success fee is the method in which the solicitor’s fees are paid. So that you don’t have to send any money to pay them, they are deducted from your compensation automatically. Success fees are expressed as a percentage of your compensation.
Begin A Broken Or Fractured Bone Injury Claim
You’ve now come to the end of this guide on how to use a personal injury solicitor to claim for a broken bone, we hope that you’ve found the information useful and that you’ve now decided to begin your claim with Legal Helpline. If so, here are the best methods of starting your claim:
- Call our team of specialist claims advisers on 0161 696 9685
- Connect with us using our live chat facility which is available 24-hours a day
- Or, if you’d like a call back from an adviser, please complete our online enquiry form
When you get in touch, if you’ve got any outstanding questions, our advisers will happily answer them for you. Then they’ll look at your claim to see whether you have enough evidence to begin right away. If you do, they could connect you to one of panel of No Win No Fee solicitors.
The solicitors on our panel always try to work as efficiently as possible so that they’re not the cause of any delays in a claim being settled. Please get in touch to discuss your claim today. Remember, you’re under no obligation to make a claim and the advice we provide will be free.
Medical And Claims Resources
Thanks for reading our guide about how to make a claim for a fractured bone. Should you require any further information, please get in touch with a member of our team. For more information, please take a look at some of our other guides, listed below, as well as some links to some useful external resources.
Broken Bone Diagnosis – An NHS guide which explains how to determine whether you’ve broken or fractured different bones in the body.
Bone Fractures In Children – This NHS guide, explains the different types of fracture that children can suffer.
First Aid For Broken Bones – A guide, from the St John Ambulance about what to do if you see somebody break a bone.
Slip, Trips And Falls – Information on making personal injury claims because you were injured in a fall.
Accident At Work Claims – This guide could prove useful if you’ve suffered a broken bone in a workplace accident and would like to use a personal injury lawyer to begin a claim.
Road Traffic Accidents – Finally, a look at when you could make a personal injury claim for an injury caused by the negligence of another road user.
Article by BH