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.
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.
The 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, and;
- that person owed you a duty of care.
Find out whether you may have a claim with our Online Claim Checker:
Are there any exceptions?
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.
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.
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 fractured or broken bone injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
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.
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 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 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
- 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.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Arm injury||Less serious||Fractured forearm||£5,280 to £15,300|
|Cheekbone fracture||Moderate||Simple fracture requiring surgery||£3,470 to £5,150|
|Facial injuries||Moderate||Multiple fractures of facial bones||£11,890 to £19,090|
|Finger injury||Moderate||Fracture of one finger||Up to £3,790|
|Jaw fracture||Serious||Serious injury with permanent consequences||£14,320 to £24,300|
|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||Serious||Fractures or dislocations or severe soft tissue damage||£36,240 to £44,630|
|Nose fracture||Moderate||Displaced||£2,010 to £2,510|
|Pelvis and hip injury|
|Pelvis and hip injury||Serious||Less extensive fractures||£49,350 to £62,490|
|Wrist injury||Minor||Wrist fracture recovering within one year||£2,810 to £3,790|
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.
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.Read more about multiple injury claims
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.
Can I see the complete judicial college tables?
The table above (excerpted from the Judicial College Tables) shows the most common fractured or broken bone injury claims. To see the complete list see: Judicial College Injury Tables.
Fractured or broken bone injury compensation calculator
Calculating how much compensation you can claim for a fractured or broken bone 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 fractured or broken bone injury claim could be worth now:
How long does a fractured or broken bone claim take?
How long it can take to get compensation for a fractured or broken bone can vary considerably.
A simple liability accepted injury claim can settle in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. To read more about how long your claim could take, see:How long will my claim take?
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.
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 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. 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.
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
if you can claim
to start a claim
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.
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 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?
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 fractured or broken bone injury compensation.
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 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.
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