Compound Fracture Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a compound fracture injury we can help.
The purpose of this guide is to help anyone who has suffered a compound 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
compound fracture injury compensation:
Introduction
Compound fractures are a category of fracture where the skin is pierced, such that the bone sticks out through the skin. Open wounds carry a significant risk of infection, so compound fractures are considered to be a serious medical incident. There is also an increased risk of shock and tissue damage associated with this type of break.
If an infection develops, there may be problems with bone healing. In many cases, surgery is needed to stabilise the bone and repair the muscles, often involving the use of pins. There may also be an ongoing need for physiotherapy to restore mobility in the affected area.
Anyone who has suffered a compound fracture as a result of an accident that was not their fault may be eligible to claim compensation.
Do I have a compound fracture injury claim?
You should be able to make a compound fracture injury claim if you were injured:
- 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 a compound fracture injury claim on their own behalf.
Read more about claiming injury compensation on behalf of a child.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your compound fracture injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
Do I need a diagnosis to make a compound fracture injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a compound fracture injury claim after an accident, the more likely your claim is to succeed.
Common causes of compound fractures
The workplace is the most common location for this type of injury to occur. For example, a worker could trap their hand or arm in heavy machinery, causing broken bones and crush injuries. Compound fractures may also be sustained in impact accidents such as road traffic accidents, sporting accidents and falls from height.
Incorrect or delayed treatment of a compound fracture can also lead to complications. Examples include the onset of infections such as MRSA or the bones not knitting together properly, causing permanent weakness. Where an injury has been made worse by substandard medical treatment, a claim may be brought in medical negligence.
Impact of compound fracture injuries
Compound fractures can result in permanent, disabling injuries such as:
- Scarring from surgical intervention
- Reduced mobility in the affected area
- Difficulty holding objects or operating machinery depending on the site of the injury
- Increased risk of developing arthritis in the future
As an initial step, an injury lawyer will arrange for an independent medical examination to assess the extent and severity of the injuries and their likely future impact. This medical report, and the solicitor's assessment, will form the basis of a compensation claim.
How much compensation can I claim for a compound fracture injury?
The amount of money you could claim for your compound fracture injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your compound fracture injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a compound fracture injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Physiotherapy
- Travel costs
- Costs of care
- Costs of adapting your home or car
Compound fracture injury compensation amounts
The following compound fracture injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.| Injury | Severity | Example | Amount |
|---|---|---|---|
| Arm injury | |||
| Arm injury | Less serious | Fractured forearm | £5,280 to £15,300 |
| Cheekbone fracture | |||
| Cheekbone fracture | Minor | Simple fracture | £1,850 to £2,390 |
| Cheekbone fracture | Moderate | Simple fracture requiring surgery | £3,470 to £5,150 |
| Cheekbone fracture | Serious | Serious fracture requiring surgery | £8,130 to £12,580 |
| Facial injuries | |||
| Facial injuries | Moderate | Multiple fractures of facial bones | £11,890 to £19,090 |
| Facial injuries | Serious | Le Fort fractures of frontal facial bones | £18,980 to £29,290 |
| Finger injury | |||
| Finger injury | Moderate | Fracture of one finger | Up to £3,790 |
| Jaw fracture | |||
| Jaw fracture | Minor | Simple fracture | £5,150 to £6,960 |
| Jaw fracture | Serious | Serious injury with permanent consequences | £14,320 to £24,300 |
| Jaw fracture | Severe | Very serious injury with multiple fractures | £24,300 to £36,310 |
| Leg injury | |||
| Leg injury | Less Serious | Simple tibia or fibula fracture | Up to £9,440 |
| Leg injury | Moderate | Simple femur fracture | £7,270 to £11,220 |
| Neck injury | |||
| Neck injury | Serious | Fractures or dislocations or severe soft tissue damage | £36,240 to £44,630 |
| Neck injury | Serious | Fractures or dislocations with severe symptoms | £19,920 to £30,690 |
| Neck injury | Severe | Serious fractures or damage to discs | £52,390 to £104,370 |
| Nose fracture | |||
| Nose fracture | Minor | Simple | £1,360 to £2,010 |
| Nose fracture | Moderate | Displaced | £2,010 to £2,510 |
| Nose fracture | Moderate | Requiring surgery | £3,150 to £4,070 |
| Nose fracture | Serious | Serious requiring surgery | £8,480 to £18,440 |
| Paralysis | |||
| Paralysis | Paralysis of short duration | Up to £39,330 | |
| Pelvis and hip injury | |||
| Pelvis and hip injury | Severe | Extensive fractures | £62,490 to £104,370 |
| Pelvis and hip injury | Serious | Less extensive fractures | £49,350 to £62,490 |
| Wrist injury | |||
| Wrist injury | Minor | Wrist fracture recovering within one year | £2,810 to £3,790 |
| Wrist injury | Moderate | Colles wrist fracture | Around £5,920 |
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
For example:
General damages for a severe leg fracture can be £22,000
For a less serious arm injury, in isolation, you would typically receive £4,000.
However, if you have a severe leg fracture and a less serious arm injury, you would typically receive £22,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a compound fracture injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a compound fracture injury will depend entirely on your specific circumstances.
Your compound fracture injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Will I have to pay tax on my compound fracture injury compensation?
If you receive financial compensation following a compound fracture injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Compound fracture injury compensation
Calculating how much compensation you can claim for a compound fracture injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your compound fracture injury claim could be worth now:
How long does a compound fracture injury claim take?
How long it can take to secure compensation for a compound fracture injury can vary significantly.
For instance, a straightforward liability accepted injury claim could be settled in a couple of months. If the defendant denies liability, the process might take longer. Typically, an injury claim takes between 4 and 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your compound fracture injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
'No win, no fee' means that if your compound fracture injury claim is not successful, you won't have to pay any legal fees whatsoever. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a legal agreement between you (the 'claimant') and your solicitor.
Our no win, no fee promise
Our no win, no fee guarantee means there is no financial risk in making a compound fracture 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 compound fracture injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after 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 compound fracture injury claim?
If your compound fracture injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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 612 7456 or arrange a callback:
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FREE Compound fracture 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 about claiming on behalf of another person.
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.
Read more about claiming compensation if you were partly responsible for an accident.
How long do I have to make a compound fracture injury claim?
In general, you have a time limit of up to 3 years from the date of the compound fracture injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your compound fracture injury claim becomes 'statute barred'.
Can I claim for a compound fracture 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 612 7456 to find out if you are still able to claim compound fracture injury compensation.
In reality, there are a number of factors that can affect whether a compound fracture injury claim will be taken on by a solicitor.
Calculate your claim limitation date
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.
Read more: Will my injury claim go to court and what if it does?
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.
Read more: Will I have to visit a solicitor's office?
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.
Read more about interim compensation payments.
Author:
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.
