Hip Injury Compensation Claims

If you have been affected by a hip injury we can help.

The purpose of this guide is to help anyone who has suffered a hip 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 hip injury compensation:

Introduction

Compensation claims for hip injuries are common and are often the result of a slips or trip, road traffic collisions or work accident.

If you have suffered a hip injury as a result of the negligence of another party, a claim for compensation may be possible.

Common hip injuries and their causes

Hip injuries can affect people of all ages, although certain groups are more vulnerable. Where joints are more fragile, due to old age or a congenital condition, injury can be sustained through even the slightest trauma. For younger people, hip injuries are often due to a more serious accident or incident.

Common hip injuries seen in compensation claims include:

Hip fracture

A hip fracture is a crack or break in the neck of the femur nearest the hip joint. According to the NHS, around 70,000 to 75,000 occur in the UK each year. Common causes include falls to a solid surface or blunt trauma.

Hip dislocation

Hip dislocation occurs when the ball-shaped head of the femur pops out of the cup-shaped acetabulum set in the pelvis. Common causes are an impact collision or a hard fall.

Muscle/ligament tears

Hip sprains occur due to a sudden contraction of muscle which stretches or tears the ligaments that support the hip joint. Common causes are over stretching or a hard blow to the muscle.

Hip bursitis

Bursitis is an inflammation of the bursa - a fluid-filled sack that reduces friction between moving body tissues. Common causes are traumatic injury and repetitive pressure on the hip.

A person suffering a hip injury often has to take time off work - sometimes for a lengthy period. They may also be unable to carry out their normal everyday activities. In addition, hip injury can result in the need for long-term medical care and assistance.

Who is liable?

As hip injuries can occur in a variety of different situations, who is liable depends on the individual facts of the case. For example, if a hip injury was sustained during a non-fault car or motorcycle accident, the other driver would be liable.

Alternatively, a hip injury which occurred in the workplace, whether caused by a fall from height, moving machinery or a slip or trip on a factory floor, would see the employer held liable under the Health and Safety at Work etc. Act 1974 and other relevant legislation.

For other slips, trips and falls which occur outside of the workplace, for example in a supermarket or on a public footpath, the owner/occupier of the land or premises would be responsible under the Occupier's Liability Act 1957.

Vulnerable groups

In the case of vulnerable groups, the duty of care imposed on a shop owner or employer may not necessarily be higher because of the group's vulnerability to injury, but the owner, occupier or employer must take reasonable steps to protect anyone they owe this duty to from foreseeable harm.

In the example of a slip in a shop, the shop owner must put in place an inspection programme to ensure that spills are identified quickly and cleaned up. A failure to operate such a procedure may amount to negligence if someone is injured as result.

The hip injury claims process

The first step is to contact a solicitor to discuss your options and to determine whether you may have a claim.

The solicitor will help to arrange a medical exam to establish the nature and severity of the hip injury. The report produced following this medical will provide crucial medical evidence in support of your claim.

Other evidence will also be gathered to support your hip injury claim, such as:

  • A shop or office's accident book
  • Company health and safety records
  • Photographs of the hazard or scene of the accident
  • CCTV footage of the incident
  • Witness statements

If the liable party is insured, a solicitor will contact the insurers notifying them of the claimants intention to claim. If they accept liability, a compensation sum will be agreed upon, depending on the severity of the hip injury and its wider impact on the person's life.

If liability is not accepted, or the defendant argues contributory negligence, the case may go to Court.

Do I have a hip injury claim?

It should be possible to make a hip injury claim if you were injured:

  • within the last three years, and;
  • another person was to blame, and;
  • that person owed you a duty of care.
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Injury claim eligibility - 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 hip injury claim on their own behalf.

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

Can I claim if the hip injury made an existing injury worse?

Yes, although demonstrating this can be more difficult, so legal and medical advice should be sought as early as possible.

How did your injury occur?

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

How does no win, no fee work?

'No win, no fee' means that if your hip injury claim is unsuccessful, you will not have to pay any legal fees at all. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is an agreement between you and a solicitor.

Our no win, no fee promise

Our no win, no fee guarantee means there is no financial risk in making a hip 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 hip 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 hip injury claim?

If your hip injury claim is not successful then you do not have to pay any legal fees whatsoever. 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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Hip 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 hip injury claim?

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

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

Can I claim for a hip 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 hip injury compensation.

In reality, there are a number of factors that can affect whether a hip 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

Author:
Howard Willis, Personal injury solicitor