This guide will explain whether you could be eligible to seek orthopaedic injury compensation. In order to make a personal injury claim, you must be able to prove that a third party’s negligence caused you harm. Negligence is where someone has breached the duty of care they owed you. This guide will explore the duty of care you may have been owed in more detail.
Additionally, we will explore the different types of orthopaedic injuries and different ways in which they could occur.
Furthermore, we will explore the compensation you could receive and how it may be calculated.
If you have any questions regarding your potential claim, please speak with an advisor from our team. To get in touch, you can:
Select A Section
- What Are Orthopaedic Injuries?
- What Could Cause Orthopaedic Injuries?
- Could I Make An Orthopaedic Injury Medical Misdiagnosis Claim?
- How Does The Claims Process Work?
- Orthopaedic Injury Compensation Calculator
- Get Help With An Orthopaedic Injury Compensation Claim
Orthopaedic injuries are those that affect the musculoskeletal system. They are often injuries relating to the bones, joints, tendons, muscles and nerves and can affect mobility. Examples can include fractured and broken bones, sprains and strains that affect different parts of the body, such as the shoulder, neck and back.
There are various scenarios in which you could sustain this type of injury, such as at work. in a public place, on the road or in a medical setting. In each of these places, you’re owed a duty of care from a third party. For example:
- Work: Employers owe you a duty of care under the Health and Safety at Work etc. Act 1974. They must take all reasonable steps to reduce or remove the risk known hazards pose in the workplace.
- Road: Road users have a duty of care as set out in the Road Traffic Act 1988. Additionally, the Highway Code provides guidance and rules relating to the different responsibilities each road user has when navigating the road.
- Public place: The Occupiers’ Liability Act 1957 sets out the duty of care the person in control of a public space owes members of the public visiting the space from sustaining harm. They must take all reasonable steps to protect those visiting the space from harm.
- Medical setting: Medical professionals have a responsibility to provide the correct level of care when treating patients. If they fail to provide care that meets the correct standard, it could lead to a patient sustaining avoidable harm.
If you have suffered harm in a similar setting due to a third party’s negligence, get in touch with our team. They can advise on whether you’re eligible to seek orthopaedic injury compensation.
Examples of how an orthopaedic injury could be sustained, include:
- You may have crossed the road at a designated pedestrian crossing but a driver failed to stop. As a result, you may have been run over causing you to sustain a severe head injury, neck injury and damage to your spinal cord.
- You may have had a slip, trip or fall in a public park due to a wobbly paving stone that hadn’t been fixed in a timely manner. As a result, you may have sustained a dislocated shoulder injury.
- You may have sustained a back injury in a construction accident after your employer failed to give you adequate manual handling training on how to lift heavy items safely.
You could also be caused avoidable harm if a medical professional failed to provide the correct level of care. We have explored this in more detail in the section below.
However, if you would like to speak to an advisor about whether you’re eligible to seek orthopaedic injury compensation, please get in touch on the number above.
As mentioned, medical professionals have a duty to provide the correct level of care. However, they may be instances where they fail to do so. This is known as medical negligence. If medical negligence leads to you sustaining harm, you may be eligible to seek compensation by making a medical negligence claim.
For example, you may attend the hospital seeking treatment for a fractured shoulder. Despite the clear symptoms of a fracture that you exhibited, your doctor may have failed to send you for an X-ray and diagnosed you with a sprain instead. As a result, you may have sustained complications due to not receiving the correct diagnosis or treatment for your original injury.
It’s important to note that not all instances of harm sustained in a medical setting will form the basis of a valid claim. You must be able to prove that medical negligence caused you to sustain harm.
For more information on seeking orthopaedic injury compensation by making a medical negligence misdiagnosis claim get in touch with our team.
Orthopaedic Injury Claims – What Is The Time Limit For Claiming?
If you’re eligible to claim orthopaedic injury compensation, you would need to take legal action within the appropriate time limit. Per the Limitation Act 1980, you would generally have three years to launch a personal injury claim from the date you suffered harm.
However, there could be some exceptions that apply to certain claims. For example, if a child suffered an orthopaedic injury due to a relevant third party’s negligence, the limitation period would pause until they reach 18 years of age.
During this pause, an appropriate adult, such as a parent or solicitor could apply to be a litigation friend and could make an orthopaedic injury claim on behalf of the child. Should no claim be filed during this pause, the injured child could launch their own claim once they turn 18. They would have three years from their 18th birthday to file their claim.
To learn more about exceptions to the time limit for orthopaedic injury claims, you can contact an advisor. They would be able to answer any questions you might have about claiming.
When making a personal injury claim, it’s important to gather evidence to support your claim. This can include:
- Photographs of your injuries and the scene of the accident
- CCTV footage of the accident taking place
- Details of witnesses
If your accident occurred at work, you could also request a copy of your accident report made in the workplace accident book. These may also be available in some public places.
Medical evidence is also an important piece of evidence that can strengthen your case. Examples include hospital reports, doctor’s notes and a report from an independent medical appointment. The appointment, which is carried out by an independent medical professional, can be arranged by a solicitor from our panel. The report produced from this appointment can provide details on the full extent of the harm you sustained.
In addition to gathering evidence, you should seek legal advice. Our advisors are available to provide free legal advice regarding your potential claim. They can also determine whether a solicitor from our panel could help you seek orthopaedic injury compensation.
Following a successful claim, a settlement could include general damages and special damages. The Judicial College Guidelines (JCG) display compensation brackets for different injuries. This is a document solicitors can use to value the general damages portion of settlements. General damages seek to provide compensation for the pain and suffering caused by your injuries.
We’ve listed some injuries and the corresponding compensation brackets from the JCG in the table below. However, several factors are considered when valuing your injuries, such as the severity and the impact on your quality of life. As such, these brackets are a guideline only.
|Severe Leg Injury (b) (i)||£96,250 - £135,920||The most serious injury which falls short of needing amputation.|
|Severe Leg Injury (b) (ii)||£54,830 - £87,890||Very serious injuries that cause a permanent issue with mobility and other problems.|
|Severe Knee Injury (a) (i)||£69,730 - £96,210||Serious injury to joints or ligaments are included in this bracket.|
|Wrist Injury (a)||£47,620 - £59,860||Function in the wrist is completely lost.|
|Moderate Neck Injury (b) (i)||£24,990 - £38,490||Fractures or dislocations that cause immediate and severe symptoms that need a spinal fusion.|
|Moderate Back Injury (b) (i)||£27,760 - £38,780||Injuries in this bracket include a crush fracture affecting the lumbar vertebrae.|
|Arm Injury (b)||£39,170 - £59,860||Injuries that cause a permanent and substantial disability.|
|Less Severe Arm Injury (c)||£19,200 - £39,170||The injured person will have suffered significant disabilities with substantial recovery already occurring or expected.|
|Elbow Injury (a)||£39,170 - £54,830||An injury that is severe and disabling.|
|Elbow Injury (b)||£15,650 - £32,010||Injuries that are less severe and cause function impairment but don't require major surgery.|
You can also claim special damages, which reimburse you for any financial losses caused by your injuries. This can include travel costs, medical bills and loss of earnings. However, in order to claim special damages, you must provide evidence.
For more information on seeking orthopaedic injury compensation, get in touch on the number above.
You may be interested in working with a No Win No Fee solicitor from our panel. They can represent your claim under a Conditional Fee Agreement, a type of No Win No Fee service.
These arrangements generally allow you to fund legal representation without paying an upfront cost for your solicitor’s services. Payment for their services also won’t be required where a claim has been unsuccessful.
If a claim is successful, you will pay a legally capped percentage from your compensation. This is known as a success fee.
Our advisors can put you through to a solicitor from our panel if your case is valid and has a chance of succeeding. To find out more or to discuss seeking orthopaedic injury compensation, get in touch by:
- Connecting with an advisor through our live chat
- Calling us on 0161 696 9685
- Filling out our contact form
Broken Bone And Soft Tissue Injury Claims
We’ve included some external sources that may help:
You can see more of our guides with the links below:
- £35,000 Compensation Payout For A Broken Metatarsal And Other Injuries
- Hospital Negligence
- £300,000 Compensation Payout For A Broken Hip Motorcycle Accident
If you need any further assistance with your potential orthopaedic injury compensation claim, please don’t hesitate to get in touch.