You may be going about your day, running errands, enjoying a walk, or simply relaxing at home, when, in an instant, an accident occurs. Whether you slip in a supermarket, trip over an unseen obstacle, or are involved in a car accident, you suddenly find yourself in pain and unable to move as you normally would. After seeking medical attention, you learn that you’ve broken a bone or sustained a fracture.
While such incidents may seem like common mishaps, broken bones and fractures can have serious consequences, affecting your daily life in numerous ways. Recovery can be lengthy, often resulting in missed work, medical expenses, and changes to your lifestyle. In such circumstances, the law provides protection. If your injury was caused by someone else’s negligence or an accident that wasn’t your fault, you may be entitled to file a compensation claim.
This article will guide you through the legal process of making a broken bone and fracture compensation claim. We will explain how compensation works, what you are entitled to, and how to effectively navigate the legal system to secure the compensation you deserve.
Understanding Broken Bones and Fractures
Before diving into compensation for broken bones, it’s essential to understand what we mean by “broken bones” and “fractures.”
A broken bone refers to a bone that has been fractured or cracked due to an external force, whether from an impact, a fall, or another traumatic event. The severity of the break can vary, ranging from small cracks that require minimal treatment, to compound fractures where the bone is shattered or protrudes through the skin. Fractures are just another term for broken bones, but they are often used to describe specific types of breaks, such as hairline fractures or stress fractures.
When Can You Make a Compensation Claim?
If you’ve suffered a broken bone or fracture injury that wasn’t your fault, you might be eligible to make a compensation claim. However, there are specific circumstances that must apply for you to claim.
You can seek compensation for fractures if the fracture or broken bone was caused by:
- Accidents at Work: If you were injured while working due to unsafe conditions, lack of training, or employer negligence, you have the right to claim for the injuries sustained. This might include trips and falls, equipment malfunctions, or being struck by objects.
- Road Traffic Accidents: If you were involved in a car crash, whether as a driver, passenger, or pedestrian, and the accident was caused by another party’s negligence (e.g., speeding, driving under the influence, or distracted driving), you may be entitled to compensation for broken bones.
- Slip, Trip, and Fall Accidents: Accidents like slipping on a wet floor, tripping over uneven pavement, or falling in a poorly maintained public space can lead to serious injuries, including fractures. If these accidents happen due to someone else’s negligence, you can claim.
- Medical Negligence: Sometimes fractures can occur as a result of medical errors, such as mishandling or improper diagnosis. If you were injured due to medical malpractice, you could seek compensation for broken bones.
- Accidents During Leisure Activities: Injuries that occur during activities like sports or even in your own home can also lead to fractures. If the injury happened due to unsafe equipment, poor maintenance, or negligent supervision, you could have grounds for a claim.
What Can You Claim for After a Broken Bone or Fracture?
When making a compensation claim for a broken bone or fracture, the aim is to restore you to the position you would have been in if the injury had never occurred. Compensation can be broken down into two main categories:
1. General Damages
These refer to the compensation you receive for the pain, suffering, and loss of amenity caused by the injury. For fractures, this can include:
- Pain and Suffering: This covers the physical pain you endure as a result of the broken bone, from the moment of the injury to the time it heals (and possibly beyond, if there’s long-term pain).
- Loss of Enjoyment: If the injury has impacted your ability to enjoy daily activities—such as playing sports, going for walks, or participating in hobbies—you can claim compensation for this loss.
- Psychological Impact: If your fracture caused mental distress, anxiety, or depression (a common consequence of serious injuries), you can claim for these emotional impacts as well.
2. Special Damages
These are intended to cover the financial impact of your injury, and they can include:
- Medical Costs: If you’ve had to pay for medical treatment, including surgeries, physiotherapy, and hospital stays, these expenses are included in your claim.
- Loss of Earnings: If your fracture injury has caused you to miss work—whether temporarily or permanently—you can claim compensation for lost wages. This includes future loss of earnings if the injury affects your long-term ability to work.
- Care Costs: If you’ve required help with daily activities, such as cooking, cleaning, or personal care, you can claim for the cost of assistance. This might include professional carers or even a family member’s time.
The Claims Process for Broken Bone & Fracture Compensation
If you’ve decided to pursue a compensation claim for broken bones, the process generally follows these steps:
1. Seek Medical Attention
First and foremost, it’s crucial to seek proper medical treatment for your injury, whether it occurred at work, on the road, or in a public space. Not only is this important for your recovery, but medical records also provide vital evidence for your fracture compensation claim. Ensure you follow your doctor’s advice closely.
2. Report the Accident
If your injury occurred at work, on the road, or in a public space, it would strengthen your case to have the accident reported to the relevant parties, such as your employer, local authority, or insurance company.
3. Gather Evidence
Collect as much evidence as possible to strengthen your case. This can include:
- Photos of the scene where the accident occurred.
- Witness statements from anyone who saw the incident happen.
- Medical records showing the extent of your injury and treatment.
- Receipts for any expenses related to your injury.
4. Legal Guidance
If you’re unsure about your claim, don’t hesitate to reach out to National Claims. We understand your situation and are here to assist you. Our team will connect you with a qualified solicitor who can assess your case and help you navigate the legal process with confidence. Let us support you in securing the compensation you deserve. They will assess the strength of your case, help gather evidence, and ensure that you pursue the right compensation for your injury. Most solicitors offer a free consultation, and many work on a “no win, no fee” basis, meaning you only pay if your claim is successful.
5. Negotiating a Settlement
Once your claim is submitted, the responsible party (or their insurance company) may make an offer. Your solicitor will review the offer and negotiate on your behalf to ensure it’s fair and covers all your losses. If a settlement can’t be reached, the case may go to court.
In the UK, the vast majority of personal injury claims, including those for broken bones and fractures, are resolved without proceeding to court. According to the Civil Justice Statistics Quarterly, July to September 2023, approximately 90% of personal injury claims are settled before reaching trial.
6. Receiving Compensation
If your claim is successful, you will receive compensation for your injuries and associated losses. Your solicitor will ensure you are compensated for both your general damages (pain and suffering) and special damages (lost earnings, medical expenses, etc).
How Much Compensation Can You Expect?
Settlement amounts for fractured and broken bones can vary widely, as each claim is unique. However, the following ranges provide an estimate for reference:
- Compensation for a broken wrist may range from £4,310 to £73,050, depending on the severity of the fracture.
- A simple fracture of the Tibia or Fibula could result in payouts of up to £14,450.
- A straightforward Femur fracture might attract compensation between £11,120 and £17,810.
- Broken legs and leg fractures, in general, can lead to settlements between £21,920 and £165,860, depending on their seriousness.
- A minor broken ankle could see compensation of up to £15,370.
- More severe broken ankle injuries might attract settlements ranging from £15,370 to £85,070.
- A fractured 5th metatarsal may be compensated with up to £16,770.
- Compensation for a broken foot can range from £16,770 to £85,460.
These figures, based on the Judicial College Guidelines, serve as general benchmarks and are not guaranteed. Each case depends on its unique circumstances, including the nature of the injury. After reviewing your medical report, your solicitor will provide a more precise compensation estimate.
The amount of compensation for a broken bone you can receive depends on several factors, including:
- The severity of the fracture.
- The duration of your recovery and any ongoing symptoms.
- The impact of the injury on your daily life.
- Whether there are any long-term effects or complications.
In general, compensation for a broken bone can range from a few thousand pounds for a minor fracture to tens of thousands for more severe injuries, such as multiple fractures or those requiring long-term care.
Final Thoughts
Suffering a broken bone or fracture can be a painful and disruptive experience, especially if the injury was caused by someone else’s negligence. Fortunately, you don’t have to face the consequences alone. The legal system in the UK provides a clear path to compensation, ensuring that you receive the support you need to recover both physically and financially.
Free Consultation with National Claims
Start with a free consultation with us, where we’ll listen carefully to your experience and assess the extent of your injury. We’ll provide you with guidance on whether you have a strong claim, helping you understand your rights and options. From there, we’ll connect you with a solicitor from our panel who specialises in brain injury claim cases and will guide you through the next steps.
*No Win, No Fee
At National Claims, we believe that everyone deserves access to legal support when dealing with personal injury. That’s why we work on a “No Win, No Fee” basis—meaning you won’t pay any upfront legal fees. The solicitors fees are payable fees if your claim is successful, allowing you to take action against medical negligence without financial worry.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
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