Fractured or Broken Bone Injury Compensation Claims

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.

In our guide to claiming fractured or broken bone injury compensation:

Introduction

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

If you work in a physically active job, such as construction, agriculture or logistics, a break or bad break or fracture could keep you off work for weeks or months.

If you have suffered a bone fracture or break in an accident caused by someone else's negligence, you may be able to claim compensation.

Are some fractures and broken bone too minor to claim for?

It depends on the impact the injury has had on your life and finances. 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.

No matter how relatively minor the injury, if you have suffered pain and disruption to your life and ability to work, you should be able to claim compensation.

Can I claim compensation for complications after a break or fracture?

Usually, yes. 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.

You are usually entitled to claim compensation for the full extent of your injuries, including the consequences of any complications.

Can I claim for the long-term impact of fractures and broken bone injuries?

In most cases, yes. Fractured and broken bones can result in permanent, disabling injuries and long-term chronic pain. Issues 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

When you claim compensation, your solicitor will arrange for an independent medical report of your injuries. The report will also assess whether you can expect a full recovery, and if not, what impact any ongoing symptoms will have on your life and work.

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.
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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 fractured or broken bone injury claim on their own behalf.

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

What if I can't prove who caused the fractured or broken bone injury?

Your solicitor will work on your behalf to assess your fractured or broken bone injury claim and gather evidence. They will identify the party responsible for your accident.

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, 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 requiring surgery £3,470 to £5,150
Facial injuries
Multiple fractures of facial bones £11,890 to £19,090
Finger injury
Fracture of one finger Up to £3,790
Jaw fracture
Serious injury with permanent consequences £14,320 to £24,300
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
Nose fracture
Displaced £2,010 to £2,510
Pelvis and hip injury
Less extensive fractures £49,350 to £62,490
Wrist injury
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.

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. 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 and your ability to work, and on 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 fractured or broken bone 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?

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.

Calculate my fractured or broken bone injury compensation

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:

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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?

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:

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. Read more about making a No win, no fee 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, 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:

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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 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 376 1001 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.

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.