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.
The purpose of this guide is to help anyone who has suffered an avulsion fracture injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
avulsion fracture compensation:
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.
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 avulsion fracture claim?
As a basic rule, you can make an avulsion fracture claim if your injury happened:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
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 avulsion fracture claim on their own behalf.
What if I can't prove who caused the avulsion fracture?
Your solicitor will work on your behalf to assess your avulsion fracture claim and gather evidence. They will identify the party responsible for your accident.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
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 avulsion fracture 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.
Our no win, no fee promise
Our no win, no fee guarantee means there is no financial risk in making an avulsion fracture 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 avulsion fracture 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 avulsion fracture claim?
If your avulsion fracture 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.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Avulsion fracture 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.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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.
How long do I have to make an avulsion fracture claim?
In general, you have a time limit of up to 3 years from the date of the avulsion fracture to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your avulsion fracture claim becomes 'statute barred'.
Can I claim for an avulsion fracture 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 avulsion fracture compensation.
In reality, there are a number of factors that can affect whether an avulsion fracture claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
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.