A Guide to Claiming Fractured or Broken Bone Injury Compensation

If your life, or the life of a loved one, has been affected by a fractured or broken bone we can help.

The purpose of this guide is to help anyone who has suffered a fractured or broken bone and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

Health and Safety Executive (HSE) statistics show that 148,000 workers sustained injuries requiring more than 7 days absence from work last year. A significant proportion of these workplace injuries were fractured or broken bones.

The time a bone fracture or break takes to heal can vary, depending on the severity of the injury, and the age of the individual. Physically active jobs, such as in construction or agriculture, may also require a higher degree of recovery before return to work is possible.

Quittance's panel of solicitors have years of experience ensuring that claimants receive the maximum possible compensation for broken bones and fractures, and that claimants get the support and care needed for their rehabilitation.

If an accident causes bone fractures or breaks, a personal injury claim may be made against the negligent party.

Do I have a fractured or broken bone injury claim?

You should be able to make a fractured or broken bone injury claim if your injury occurred:

  • within the last three years and,
  • another person was to blame.

However, if these two points don't apply, a claim may still be possible.

Get impartial advice on whether you have a claim - speak to a legal expert on 0800 612 7456.

A brief phone consultation will confirm whether you have a claim. There is no obligation to start a claim.

Alternatively you can try our Online Claim Checker.

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 fractured or broken bone injury claim on their own behalf.

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

What if I was diagnosed months after the fractured or broken bone injury?

Depending on how your fractured or broken bone injury happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.

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Fractured or broken bone injuries

Fractures, breaks and crushed bone injuries can affect any part of the skeleton, including:

Although fractures and breaks are sometimes viewed as ‘minor' injuries, there are risks of serious complications.

Potential complications with fractured or broken bone injuries

As you would expect, complications are more likely with a broken or fractured skull or spinal bones, and also with crushed bone injuries. The impact of misaligned bones, and protruding bone fragments, can cause serious damage to internal organs.

Complications can also arise with breaks that are not easily accessible for repair. Surgery may be required to open the limb, or part of the body, to access the damaged bone and tissue. Bones can also be splintered at the point of breakage, requiring surgical intervention to clean up the damaged ends.

With some injuries, bones have been too severely damaged to be able to knit together neatly on their own. In these cases, pins, plates or wires may need to be surgically attached to the bones to help them heal tidily. In severe cases, plates or pins may be needed permanently at the injury site.

Impact of fractured and broken bone injuries

Fractured and broken bones can result in permanent, disabling injuries. These can include:

  • Necrosis of surrounding soft tissue
  • Scarring from surgical intervention
  • Difficulties in walking, holding objects, or operating machinery - depending on the injury
  • Increased risk of arthritis in the future

Your solicitor will arrange for an independent medical report of your injuries and their likely future impact. This medical report, and your solicitor's assessment, will assist the Court in understanding the full impact of your injuries.

How much compensation can I claim for a fractured or broken bone injury?

The amount of money you could claim for your fractured or broken bone 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 fractured or broken bone 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 fractured or broken bone 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

Fractured Or Broken Bone Injury compensation amounts

The following fractured or broken bone injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.

Injury Example Amount
Less serious Arm injury Fractured forearm £5,280 to £15,300
Moderate Cheekbone fracture Simple fracture requiring surgery £3,470 to £5,150
Moderate Facial injuries Multiple fractures of facial bones £11,890 to £19,090
Moderate Finger injury Fracture of one finger Up to £3,790
Serious Jaw fracture Serious injury with permanent consequences £14,320 to £24,300
Less Serious Leg injury Simple tibia or fibula fracture Up to £9,440
Moderate Leg injury Simple femur fracture £7,270 to £11,220
Serious Neck injury Fractures or dislocations or severe soft tissue damage £36,240 to £44,630
Moderate Nose fracture Displaced £2,010 to £2,510
Serious Pelvis and hip injury Less extensive fractures £49,350 to £62,490
Minor Wrist injury Wrist fracture recovering within one year £2,810 to £3,790
Show more results

How is compensation calculated if I have multiple fractured or broken bone injury 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 serious leg fracture can be £22,000

For a more minor ankle injury, in isolation, you would typically receive £7,000.

However, if you have a serious leg fracture and a more minor ankle injury, you would typically receive £22,000 + a reduced percentage of £7,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries.

What is the average injury compensation for a fractured or broken bone 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 fractured or broken bone injury will depend entirely on your specific circumstances.

Your fractured or broken bone 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.

Find out what your fractured or broken bone injury claim could be worth now

Assessing a claim's value at the outset can be complicated, particularly if you have multiple injuries.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

I can't find my injury in the table, can I still claim?

The table is a list of the most common injuries associated with a fractured or broken bone injury claim. You can see the full list of injury awards here: Judicial College Injury Tables.

Calculate my claim

How long do I have to make a fractured or broken bone injury claim?

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

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

Can I claim for a fractured or broken bone injury after 3 years?

For adults, the general rule is no, you cannot start a claim more than three years after a fractured or broken bone injury.

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

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

Will I still be able to claim for a fractured or broken bone injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your fractured or broken bone 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.

Will I get financial advice?

Your solicitor will be able to advise you on whether to accept a financial settlement for your fractured or broken bone injury claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

At work

If you are thinking of making a work accident or injury claim, there are some key points to be aware of:

Work Accident Claims - What you need to know

In a road accident

If you are thinking of making a road accident claim, there are some key points to be aware of:

Road Accident Claims - What you need to know

In a public place (e.g. supermarket, pavement)

If you have been injured in a public place, there are some key points you need to be aware of:

Public Place Claims - What you need to know

Medical negligence

According to the latest figures published in 2019, there were over 17,000 clinical negligence claims in the year 2016-17. This increase is largely down to an overstretched NHS.

If you are thinking of making a medical negligence claim, there are some key points to be aware of:

Clinical Negligence Claims - What you need to know

Other claim types

Find details on another type of claim:

See list of other claims

No win, no fee

'No win, no fee' means that if your fractured or broken bone injury claim is not successful, you won't have to pay your solicitor any money. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract entered into between you and the solicitor.

Our no win, no fee promise

Our no win, no fee guarantee means there is zero financial risk in making a fractured or broken bone injury claim - even if you don't win your claim.

What do I pay if I win my fractured or broken bone injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my fractured or broken bone injury claim?

If your fractured or broken bone injury claim is not successful then you do not have to pay any legal fees at all.

Read more about how no win, no fee works

Please note, 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.

How can Quittance help?

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

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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Fractured Or Broken Bone 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 will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s 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