Avulsion fracture compensation claims
In this guide we explain everything you must know about making an avulsion fracture compensation claim.
An avulsion fracture differs from a traditional fracture, in that it occurs when a fragment of bone tears away from the main mass of bone, usually where a tendon or ligament attaches to the bone.
A result of physical trauma, avulsion fractures generally take less time to heal than a traditional fracture, but may sometimes be problematic as precise surgery may be required to reattach the area which has split off to the main bone.
In some situations - where the injury is the result of a light impact - an avulsion fracture may be missed or misdiagnosed. As a result, the injury may not be properly treated and this may have a serious impact on the injured person's recovery and health in the longer term.
If you have suffered an avulsion fracture in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
Most avulsion fractures occur in the lower body, in areas such as the pelvis, knee and ankle where major muscles attach to the joints.
Other common areas include head of the 5th metatarsal (the long bone that attaches to the little toe), the navicular bone on the inside of the foot, and the ischial tuberosity or ‘sitting bone' where the hamstring tendon originates.
I have a strong claim - why won't a solicitor take it on?
Avulsion fractures are caused by a forceful overstretching of ligaments, which tears a small piece of bone away from the bone to which the ligament is attached.
Other causes include impacts sustained from falling from a height; motor vehicle and other accidents - in the workplace or on public or private property..
Children may be particularly susceptible to avulsion fractures when accidents cause the tendons or ligaments attached to the growth plate to pull hard enough to cause the actively growing bone to fracture.
Anyone suspecting they may have sustained an avulsion fracture should seek medical attention.
Although avulsion fractures are generally treated in the same way as other soft tissue injury - with rest, ice and compression - an X-ray may be necessary to determine how far the bone fragment has been pulled away from the injury site.
If the bone has been pulled some distance, surgery may be required to repair the damage.
As avulsion fractures cause pain, a claimant may find difficulty in completing a number of daily tasks, including working and other activities.
If the fracture was the result of an accident that was someone else's fault a claimant may be entitled to make a personal injury claim for special and general damages.
The compensation should cover the cost of loss of earnings, medical treatment and travel as well as an award for pain and suffering endured.
Clinical negligence following an avulsion fracture
In some cases, the avulsion fracture may have been caused by an accident where negligence has not occurred, and a claim cannot be made for the accident itself. Examples included overstretching during a workout, or an unforeseen accident in the home.
If the resulting fracture is missed following an medical examination, however, and the injured person experiences additional pain or suffering as a result, or their recovery is unnecessarily prolonged, it may be possible to make a clinical negligence claim against the medical professional responsible for the misdiagnosis.
In such cases, your solicitor will arrange for a medical examination to confirm the extent of the harm inflicted as a result of this negligence.
Typically a no win no fee contract (technically called a Conditional Fee Agreement or CFA) is entered into between a claimant and a qualified lawyer.
The no win no fee agreement is basically the terms under which the solicitor works for the client.
It sets out what the solicitors will do and how they is remunerated if the case is won.
If you decide to choose a Quittance solicitor for your avulsion fracture claim there are no sneaky hidden costs in the terms and conditions , no up-front fees and the reassurance that you will never be out of pocket.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming avulsion fracture compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Accidents at work - Claiming compensation from your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim avulsion fracture compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
The nationwide network of Quittance solicitors carry out the legal work for all types of compensation claim, from more minor injury cases to life-changing injuries. Selected because of their track record in winning claims, QLS's solicitors have years of dedicated experience.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
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