This guide offers information about how to make a fracture claim for an injury caused by negligence. If you suffered a broken or fractured bone injury in the workplace, in public or in a road traffic accident, we explain the essential criteria that you need to meet in order to claim compensation.
As well as this, we discuss how medical and financial evidence can help prove liability and support your claim for compensation. We conclude our informative guide by explaining how a member of our panel of personal injury lawyers could assist you to start your claim with a No Win No Fee agreement.
Please feel free to get in touch with questions or queries. Our team can offer a free eligibility assessment in minutes and possibly start your claim today. You can:
- Call us on 0113 460 1216
- Find out more about making a claim online
- Access help through the live chat feature below.
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- Eligibility Criteria When Making A Fracture Claim
- Personal Injury Claims Calculator – What Compensation Could You Receive?
- Evidence That Could Help You Claim For A Broken Bone
- How Long Do You Have To Make A Fracture Claim?
- Make A Personal Injury Claim Using Our Panel Of No Win No Fee Solicitors
- Learn More About Making A Fracture Claim
You may be eligible to start a bone fracture claim if you can demonstrate the following:
- That a third party owed you a duty of care
- This duty was breached
- You sustained an injury as a result of this
Below, we look at the legislation that outlines the duty of care you’re owed in different scenarios:
The Occupiers’ Liability Act 1957 sets out a duty for those in control of public spaces. They need to ensure the reasonable safety of visitors.
For example, an occupier could breach this duty of care if the flooring at the entrance of a supermarket was cleaned with the wrong cleaning solution, leaving it very slippery even when dry. This means a member of the public falls and sustains a fractured wrist injury.
In the workplace
In the workplace, the Health and Safety at Work etc Act 1974 (HASAWA) states that all employers should take reasonable and practicable steps to prevent employees from being harmed in accidents at work.
For example, your employer might fail to give you the training you need to carry out your role safely. As a result, you fall from a height while working on a harness and sustain a skull fracture as a result.
On the road
Road users have a duty of care to use the roads in a manner that prevents harm to themselves and others. This duty is outlined in the Road Traffic Act 1988 and the Highway Code. Fracture claims could arise from car collisions, bike and cycle accidents, or injury to a crossing pedestrian.
Settlements in successful personal injury claims can be made up of two types of compensation. Firstly, general damages aim to compensate for the pain and suffering experienced because of your injuries. This includes physical and psychological pain and suffering.
Legal professionals can refer to a document called the Judicial College Guidelines which lists award bracket amounts by severity and type of injury. Each claim is decided on its individual merit and these figures are intended only as guide figures:
|Area of Injury||Severity||Notes||Bracket|
|Pelvis||(a) Severe (ii)||Fracture and dislocations to the pelvis which involve both the ischial and pubic rami areas and cause significant other disabilities such as impotence.||£61,910 to £78,400|
|Knee||(a) Severe (ii)||Cases where a leg fracture extends into the knee joint causing constant pain and permanently limits movement or agility.||£52,120 to £69,730|
|Wrist||(a) Complete Function Loss||Complete loss of function in the wrist, even after an arthrodesis procedure has been performed.||£47,620 to £59,860|
|Neck||(a) Severe (iii)||Fractures or dislocations as well as soft tissue damage that ruptures tendons and creates a significant level of permanent disability.||£45,470 to £55,990|
|Leg||(b) Severe (iii)||Serious compound or comminuted fractures to joints or ligaments which result in instability and require a prolonged period of treatment.||£39,200 to £54,830|
|Hand||(f) Severe Fractures to Fingers||Cases where injury causes impaired function, deformity and loss of grip.||Up to £36,740
|Arm||(c) Less Severe||Despite significant initial disabilities, a substantial level of recovery will have taken place or is expected to.||£19,200 to £39,170|
|Back||(b) Moderate (i)||This bracket reflects compression and crush fractures in the lumbar vertebrae causing a substantial risk of osteoarthritis and constant pain.||£27,760 to £38,780|
|Elbow||(b) Less Severe Injuries||Injuries that cause impaired function but do not involve major surgery or significant disability.||£15,650 to £32,010|
|Toe||(e) Moderate Toe Injuries||Straightforward fractures or exacerbation of pre-existing conditions.||Up to £9,600|
Special Damages When Making A Claim For Negligence
In addition to general damages, the financial impacts after a bone fracture injury caused by third-party negligence can be compensated through special damages. You may have supporting documentation, such as receipts, paid invoices and pay slips that show out-of-pocket costs incurred, such as:
- Medical expenses
- Adaptations in your home or to your car
- A loss of earnings from time off work
- The cost of domestic care to help you recover.
Our team can discuss special damages in detail if you wish to get in touch. They can offer free advice on how a member of our panel of solicitors would ensure you present the most comprehensive fracture claim for compensation.
With this in mind, below we look at the evidence that you can gather to help prove liability and assist in the calculation of your settlement figure:
- CCTV and dashcam footage of the accident and injury
- A diary that details significant dates and details of your treatment
- Copies of medical records, X-rays and records of medication you were prescribed
- Photographs of the injuries and scene of the accident
- Contact details for any witnesses
If you would like more guidance on evidence that could support your bone fracture claim, please speak to our team on the number at the top of the page.
Under the Limitation Act 1980, there is generally a three-year time frame in which to start a personal injury claim. Normally the period starts from the date of the injury, but there can be certain exceptions.
If the person who was injured is under 18, the time period is suspended while they are underage. It begins again when they come of age; alternatively, before this point, a litigation friend can claim on their behalf and no time limit applies for them to do so.
To find out more about the exceptions that can apply to the claims time limit, speak with a member of our team today.
The personal injury solicitors on our panel of experts can offer their services under a particular kind of No Win No Fee agreement. A type of contract they could offer is known as a Conditional Fee Agreement (CFA) and usually, it extends the following advantages to the claimant:
- You can access immediate expert advice on your claim
- There are no upfront or ongoing fees required for your solicitor’s services
- A legally-capped deduction from the award only applies in a successful claim outcome. This acts as part of the solicitor’s fees
- If your claim has an unsuccessful outcome, you will not need to pay for the work completed on your case.
To learn more about how a No Win No Fee agreement could help you, please get in touch with our team at the contact details below. Our free assessment could enable you to connect with a skilled personal injury expert to start your claim today. You can:
- Call us on 0113 460 1216
- Find out more about making a claim online
- Use the live chat feature to get started.
In conclusion, the resources below offer more free information on bone fracture claims:
- Read our guide about a collarbone break at work
- If you’re wondering how much a broken rib is worth, read our guide
- Information on how to claim for a broken great toe.
- Skull fracture compensation claims explained
- How To Claim For A Fracture At Work
As well as these resources, below are further helpful links:
- Advice from the NHS after a fracture
- Read more about avoiding fall accidents from the Royal Society for the Prevention of Accidents (RoSPA)
- Lastly, the latest reported workplace non-fatal injury statistics from the Health and Safety Executive.
Writer Jeff Wallow
Publisher Fern Stringer