It is a fact of life that accidents happen and often result in fractured/broken bones. However, if you’ve sustained a bone fracture because of someone else’s negligence, you could be entitled to compensation by filing a broken bones claim against the responsible party.
If you’d like help starting a claim, we’re ready to support you. One of our advisors will review your claim for free and explain your legal options. If your claim appears to have a reasonable chance of success, you could be directed to one of our personal injury lawyers. They specialise in injury claims and will represent you on a No Win, No Fee basis if your claim is accepted. That means there’s no need to pay them before they start working on your claim. As a result, you should find the process much less stressful.
Are you ready to claim compensation for a broken or fractured bone today? If so, please call us on 0800 652 1345. Otherwise, please read on to find out more about personal injury claims relating to broken bones.
Am I Entitled to Compensation for a Broken Bone?
If you decide to ask a personal injury solicitor to help you claim compensation for a broken bone, they’ll review your case with you before accepting it. They’ll usually be trying to determine whether:
- You were owed a duty of care by the defendant; and
- Their negligence meant they breached that duty of care; and
- As a result, you broke a bone.
Different legislation like the Health and Safety at Work Act 1974 or the Road Traffic Act 1988 can be used to establish a legal duty of care. You won’t need to research this as it’s something your solicitor will check before your claim is taken on.
Common Examples of Broken Bone Claims
A variety of accidents can lead to broken bones, and if someone else was responsible, you may be entitled to claim compensation. Some common scenarios include:
- Accidents at work: Poor training, faulty equipment, or unsafe working conditions can result in bone fractures, particularly in manual labour jobs.
- Road traffic accidents: Collisions often cause broken bones, whether you’re a car passenger, motorcyclist, lorry driver, cyclist, or pedestrian.
- Slips, trips, and falls: Tripping over worn carpets, uneven laminate flooring, or wet floor tiles can lead to serious fractures.
- Sporting accidents: A broken foot could happen if safety measures are inadequate or sports equipment is faulty.
- Playground accidents: Poorly maintained play equipment can lead to falls in playgrounds that result in skull fractures.
- Holiday accidents: A wet hotel lobby, unsecured luggage, or unsafe walkways may cause slip-and-fall injuries.
- Gym accidents: Falling weights, defective fitness machines, or trip hazards can all contribute to bone fractures.
- Accidents in shops: Items falling from shelves or racking or wet floors may cause badly broken bones.
The type of accident that led to a broken bone doesn’t really matter. So long as the accident was not your fault, we could help you to make a compensation claim.
What Types of Broken Bone Injuries Can I Claim For?
Our solicitors can help with any type of fractured or broken bone claims. We won’t list every example here but some of the more common broken bones and fractures that compensation is claimed for include:
- Leg fractures (tibia, fibular and femur bones).
- Broken arms (Ulna, humerus and radius bones).
- Broken fingers and toes.
- Fractured ankles.
- Spine fractures.
- Fractured jaw.
- Scaphoid, Colles’ and other wrist fractures.
- Broken elbow.
- Skull fractures.
- Broken knees.
- Fractured vertebrae.
- Broken hands or feet.
- Fracture collarbone.
- Broken tailbone (coccyx).
If you believe you’re broken bone was caused by someone else’s negligence, get in touch today to discuss your options for free.
What Evidence Do I Need for a Broken Bone Compensation Claim?
When you decide to claim compensation against someone who you blame for injuring you, they are likely to ask their insurance company to deal with the claim. The claims process is no different but you won’t be compensated without proving exactly how the defendant caused your broken bones and the full extent of the injuries. To do this, you’ll need to supply proof. This could include:
- Accident report forms: Most accidents in public places or on business property need to be recorded in something like an accident report book. You should be given a copy of the report. It could be used as part of your claim to prove when and where you were injured.
- Witness statements: If anyone else saw your accident occur, it’s a good idea to take their contact details from them. If your solicitor needs to clarify what happened, they could ask them to provide a statement of events as they remember them.
- Medical information: If you’ve broken a bone, you’ll need to have your injury assessed and treated in hospital. At a later date, you or your solicitor could ask for a copy of the relevant medical notes to help prove what injuries you sustained.
- Photographic proof: If you are able to do so, we would recommend that you take pictures (safely) of the accident scene on your phone. These should try to capture the root cause of the accident before anything is removed from the scene.
- Video recordings: Similarly, CCTV or dashcam footage for a car accident claim etc could also be used to explain how you were injured. As such, if it’s available, try to secure a copy as quickly as possible.
- Medical assessments: As well as your hospital records, you’ll need an independent medical assessment as part of your claim. This will be booked locally, where possible, by your solicitor. After the assessment, a report will be sent by a medical expert to explain your injuries and offer a prognosis.
Finally, you might find it easier to recall how your broken bone has affected you if you keep a diary. This could show when you had to miss family events, when you weren’t able to work and expenses you had to cover because of your break.
What Is the Time Limit to Make a Broken Bone Claim?
Legally, all personal injury claims in the UK have a time limit. For broken bone claims, this is usually 3-years from the date of your accident. Although that is quite a while, we suggest that you begin your claim swiftly because:
- Your solicitor needs time to collect medical reports and supporting evidence.
- You should find it easier to recall how you’ve been affected.
- You might be able to request that the cost of private medical treatment be covered by an interim payment.
To confirm how long you have left to file a claim, please contact our claims advisors.
What If My Child or Vulnerable Adult Sustained a Bone Fracture?
If your child or a vulnerable adult has suffered a broken bone due to an accident that wasn’t their fault, a compensation claim can still be made on their behalf by a litigation friend. This allows a responsible adult (such as a parent, guardian, or relative) to handle the claim for someone who is unable to represent themselves, including children under 18 or adults who lack the mental capacity to manage legal proceedings.
Once a litigation friend is approved by the court, they can instruct a solicitor to pursue the claim. Throughout the process, the litigation friend must act in the injured person’s best interests and communicate with the defendant’s representatives as needed.
For children, the usual three-year time limit for personal injury claims does not start until their 18th birthday. However, a litigation friend can start a claim at any time before then. If you need more information about time limits or how to act as a litigation friend, please contact us for advice.
How Much Compensation for a Broken Bone Can I Claim?
How much compensation for a broken bone you’d receive is usually based on your injuries (general damages) and any associated costs (special damages). Personal injury compensation aims to try and put you back in the position you were before the break/fracture. As such, you could base your settlement amount on some or all of the following:
- The pain you endured and the suffering caused by your injuries.
- Any loss of amenity. For instance, you might be able to claim if you couldn’t participate in your regular dance lessons because of a broken leg.
- Travel expenses (for hospital visits etc).
- Mobility aids or changes to your property to help you cope with long-term injuries.
- Medical and rehabilitation costs.
- The cost of hiring a carer or a value for the time a partner or family member looked after you.
As you can only make a single claim, it’s important that you consider everything before submitting it. Our team of solicitors have dealt with broken bone claims for many years so know what to include to try and secure the maximum level of compensation to help you recover. Please call today to see if they could help you.
Can I Claim for Loss of Earnings Due to My Bone Fracture?
If a bone fracture has prevented you from working, you may be able to claim compensation for your lost earnings. This can include wages lost during your recovery period, as well as any missed overtime, bonuses, or commission.
Where a serious fracture affects your long-term ability to work, future loss of earnings may also be included in your claim. This could cover reduced earning capacity, career changes, or even the need to stop working altogether due to lasting complications from your injury.
Will I Need a Solicitor to Claim Broken Bone Compensation?
While a solicitor isn’t a legal necessity to claim broken bone compensation, they often make the process much easier. A personal injury claim can be a complex process, with insurers often trying to reduce or deny payouts. Crucially, a solicitor from our panel can handle all legal aspects of your broken bone claim, including gathering the evidence and negotiating hard for the highest possible compensation.
If you decide to claim compensation for broken bones with one of our solicitors, you won’t need to pay them upfront. That’s because they provide a No Win, No Fee service for all claims they work on. As a result, you’ll only have to pay for their work if you are paid compensation.
You’ll be sent a Conditional Fee Agreement (CFA) if your case is accepted to formalise everything. This will set out the work your solicitor will do and the success fee payable if your case is won.
The success fee is a percentage of your settlement amount. Your solicitor will deduct it before you’re paid to cover the cost of their work. Legally, it cannot exceed 25% of your settlement when funding your case with a CFA.
Broken Bone Claims Frequently Asked Questions
Can I Claim for a Minor Fracture?
Yes, even minor fractures can lead to pain, mobility issues, or time off work, meaning you could still be entitled to compensation. The severity of the injury will typically impact the amount awarded, but a claim can still be pursued if the accident was caused by someone else’s negligence.
Can I Claim If My Fracture Was Misdiagnosed?
If your fracture was misdiagnosed and this caused unnecessary pain, complications, or delayed healing, you could be entitled to compensation. Misdiagnosis could happen due to a failure to order an X-ray, a mistake in reading scans, or incorrect treatment.
What If I Was Partly at Fault for My Accident?
Even if you were partially responsible for your accident, you may still be able to claim compensation under the principle of contributory negligence. This means your compensation could be reduced based on the level of fault assigned to you. For instance, if you were found to be 25% responsible, your payout would be reduced by 25%.
Start a Broken Bone Compensation Claim Today
The easiest way to begin a broken bone injury claim is to call 0800 652 1345 today. During your call, you’ll be given free legal advice about your options after your case has been reviewed.
Remember, if your claim is accepted, we’ll appoint one of our No Win, No Fee solicitors to it and everything will be handled remotely (via email, telephone and in writing).
Thanks for reading our article on fractured and broken bones claims and please use live chat to contact us with any further questions, or arrange a callback here.