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.

Man on crutches

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.
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 a compound fracture injury claim on their own behalf.

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

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.

Example Amount
Arm injury
Fractured forearm £5,280 to £15,300
Cheekbone fracture
Simple fracture £1,850 to £2,390
Simple fracture requiring surgery £3,470 to £5,150
Serious fracture requiring surgery £8,130 to £12,580
Facial injuries
Multiple fractures of facial bones £11,890 to £19,090
Le Fort fractures of frontal facial bones £18,980 to £29,290
Finger injury
Fracture of one finger Up to £3,790
Jaw fracture
Simple fracture £5,150 to £6,960
Serious injury with permanent consequences £14,320 to £24,300
Very serious injury with multiple fractures £24,300 to £36,310
Leg injury
Simple tibia or fibula fracture Up to £9,440
Simple femur fracture £7,270 to £11,220
Neck injury
Fractures or dislocations or severe soft tissue damage £36,240 to £44,630
Fractures or dislocations with severe symptoms £19,920 to £30,690
Serious fractures or damage to discs £52,390 to £104,370
Nose fracture
Simple £1,360 to £2,010
Displaced £2,010 to £2,510
Requiring surgery £3,150 to £4,070
Serious requiring surgery £8,480 to £18,440
Paralysis
Up to £39,330
Pelvis and hip injury
Extensive fractures £62,490 to £104,370
Less extensive fractures £49,350 to £62,490
Wrist injury
Wrist fracture recovering within one year £2,810 to £3,790
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.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a compound fracture injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

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:

Calculate compensation

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.

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, 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:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

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.

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.

Read more about this Quittance Legal Expert