Avulsion Fracture Compensation Claims

If your life, or the life of a loved one, has been affected by an avulsion fracture injury, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a personal injury compensation claim on a No Win No Fee basis.

In this article

Introduction

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.

Common avulsion fractures

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.

Typical causes of avulsion fracture

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.

They may happen in a number of different situations. For example, a slip or trip that would typically cause an ankle injury could also cause an avulsion fracture.

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.

Diagnosis and Treatment

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.

How compensation can help

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.

Do I have an injury claim?

As a basic rule, you can make an injury claim if your injury happened:

  • in the last 3 years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
Check my claim

Do I have a claim? - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

How does no win, no fee work?

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

No win, no fee - our guarantee

Our no win, no fee guarantee means there is no financial risk in making an injury claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your avulsion fracture claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor