Have you suffered a fractured leg? Was it due to an accident that was not your fault? Did a third party breach their duty of care towards you? If you can answer yes to these questions it may be that you are eligible to compensation for a fractured leg.
This guide will take a look at the claims process, duty of care, supporting legislation and illustrate an example case study. The case study will examine a compensation claim. We also address the concept of No Win No Fee and how this may be beneficial to you. Below, we’ll discuss what you need to know about pursuing the compensation you’re entitled to. You can also call us on 0800 408 7826, where a member of our team can assess your case for free.
Select a Section
- How Much Compensation For A Fractured Leg?
- What Bones Can You Break In Your Leg?
- Examples Of Leg Fracture Financial Issues
- Top 3 Most Common Leg Fracture Accidents
- Case Study: £14,000 Compensation For A Fractured Leg
- A Duty Of Care Is Vital
- What Is Liability For A Duty Of Care Breach?
- Your Compensation For A Fractured Leg Estimate
- No Win No Fee Policy For Leg Break Cases
- Where Are Suitable Personal Injury Solicitors?
- Your Compensation For A Fractured Leg Case
- Further Leg Fracture Materials
If you’ve been involved in an accident that you were not at fault for and suffered from a fractured leg as a result, you might be entitled compensation for your injuries.
To claim, you need to prove that the accident happened because someone else neglected their duty of care to you. Those who have a duty of care towards you are those who have a legal requirement to protect your health and well being. Our guide below will talk you through what a duty of care is, and how to identify a breach.
We’ll answer questions you might have related to No Win No Fee agreements, choosing a solicitor and what can be included in your claim. You can also contact our team today to discuss your claim.
Injury to one or more of the bones in your leg can really impact what you can do in your day-to-day life. A fracture to your leg could leave you out of action for some time.
The femur is the longest and strongest bone in your body, located in your thigh. The two bones that make up your lower leg are the tibia and fibula.
Damage to any of these bones can have a big impact on what you’re able to do while the injuries heal. Recovery time can change depending on the kind of fracture. It’s important to seek medical advice if you think your bone is broken, as an untreated broken leg can cause complications. You can click here to read an NHS guide on how to spot broken bones.
A doctor will do an x-ray to check the severity of the break. If your fracture is stable, meaning that the bones are still in position, then usually all they’ll need to do is apply a plaster cast.
If you’re suffering from a displaced fracture, this means that your bone isn’t in the proper position and needs to be realigned before a cast can be put on. Your doctor will either sedate you or give you anaesthetic while this is done.
A minor fracture to your femur, tibia or fibula will usually take around 6-8 weeks to heal. More severe fractures might need surgery and can take 3-6 months to heal, sometimes even longer.
When we’re in an accident where we suffer an injury, we’re often concerned with the injury itself first and foremost. But other repercussions that we mightn’t have anticipated, like the financial impact of recovering from an accident, soon creep up.
A leg fracture can inhibit your mobility, meaning that you mightn’t be able to do the things you usually do in work or around the house. This could mean taking time off work while your leg heals, or hiring help around the home.
The process of your leg healing can also incur additional expenses, especially if your injury is complicated or severe. You might rely on painkillers to regain some sense of normalcy in your daily life, the costs of which can add up quickly. If your injury requires physiotherapy you might find that the sessions you’re offered aren’t enough and find yourself paying for extra sessions.
It’s important that you keep any receipts or invoices for anything you’ve paid for as a result of your accident. If you feel that you’ve incurred expenses because of your injury, then you can get in touch with our team to discuss the details of your accident and how to move forward with a claim.
Nobody anticipates being involved in an accident in which the result is a fractured leg. If you aren’t familiar with the details of pursuing a claim then the situation can be daunting. Let’s look at some of the places you might be injured in an accident.
1. Accidents At Work
When we’re working we’d like to think that we’re free from the risk of injury, but this isn’t always the case. The Labour Force Survey estimated that UK workforces lost 38.8 million working days to workplace illness or injury in 2019/20.
Employers are expected to carry out risk assessments. This where potential hazards can be identified and removed. For example, a risk assessment might find that a walkway with heavy foot traffic is poorly lit and obstructed by wires or boxes, meaning that the risk of tripping or slipping increases.
It’s important if you’re involved in an accident at work that it’s reported as soon as possible in the company’s accident book. Photographing any hazards that caused the accident will also be helpful in building your claim.
2. Road Traffic Accidents
Often when we think of injuries sustained during road traffic accidents, we think of things like whiplash. But being involved in an RTA can see you suffer from fractures in one or both of your legs.
Cyclists, pedestrians and motorcyclists are classed as vulnerable road users. Statistics show they’re more likely to be injured in a collision on the road. The reported road casualties in Great Britain 2017 annual report shows that cyclists were injured at a rate of 5,604 per billion miles travelled. Car drivers suffered injuries at a rate of 238 per billion miles in the same time frame.
As vulnerable road users don’t have the protection that a vehicle offers, their injuries can be serious and extensive. But this doesn’t mean that drivers aren’t at risk of suffering from a fractured leg following an accident. Accidents in which another driver collides with your vehicle head-on or crashes into the side of you can all be serious enough for you to suffer from multiple injuries including fractures to your legs.
If you’ve been injured in a road traffic accident and think that it’s because someone else has driven dangerously, negligently or without due care then get in touch with our team today to discuss your claim.
3. Incidents In A Public Place
If you’re injured in a public place and want to make a claim, it mightn’t be immediately clear to you who’s to blame for an accident that wasn’t your fault which can make claims for accidents in public places a daunting prospect.
If you’ve been injured in a public space because of a hazard that wasn’t identified and removed, or because of equipment that wasn’t properly maintained, then you might be entitled to make a personal injury compensation claim. Contact our team today to discuss your case.
Mina, 20, was a university student working part-time in a bookshop to see her through her degree. One afternoon she was at her local supermarket when she slipped and fell on a carton of orange juice that had been dropped by another customer. Her leg hit a shelf as she fell.
The customer who dropped the carton of orange juice had told an employee straight away, but the liquid wasn’t attended to and wasn’t signposted, so Mina didn’t know to take extra care in the area where it had happened. An employee called an ambulance for Mina and she attended the hospital.
Once at the hospital, an x-ray confirmed that Mina had suffered from a fractured femur. Luckily it was a stable fracture and the bones didn’t need to be realigned. A plaster cast was put on her leg whilst it healed. Mina sought legal advice regarding her accident and decided to claim compensation for a fractured leg.
Because her job required her to be on her feet for long periods of time, she needed to take time off work while her leg healed. She ended up being off work for 8 weeks while she recovered.
Mina was living at home with her parents while studying, so wasn’t living on campus in university accommodation. She would usually walk to her lectures, which would take around 20 mins. This wasn’t feasible while her leg was in a cast so she took taxis to and from university. She also needed taxis to get to and from her hospital appointments as neither of her parents drove.
Although the fracture to her leg was relatively minor, Mina suffered from a lot of pain and discomfort. This was stopping her from sleeping which was in turn affecting her studies, so she was prescribed painkillers.
Special Damages Calculated For Compensation For A Fractured Leg
|Types of Special Damages||Includes||How much?|
|Travel expenses||Travel to and from appointments and university||£300|
|Future Loss||Loss of earnings for time off work||£1,495|
Mina was awarded an out of court settlement of £14, 000. This payout included both general and special damages.
The case of Mina is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
If you’ve been in an accident it may be that it was a result of someone neglecting their duty of care to you. This is maybe true if the accident could have been prevented by someone being more cautious and taking reasonable steps. The party you hold responsible must have had some kind of duty to your health and safety.
In order to prove this, it’s always best to collect as much evidence following an accident. This might involve taking photographs of the cause of the accident. Or getting statements from someone else who saw what happened.
If you’re injured at work, always record it in the accident book.
Following an accident, identifying who had a duty of care to you at the time is really important. This will help with moving forward with a personal injury claim. This is the duty someone has to make sure as far as reasonably practicable that you’re free from harm.
When you’re at work, your employer has a duty of care to you according to the Health and Safety at Work etc. Act 1974. It’s their job to make sure that you can carry out your duties without undue risk of harm, illness or injury. They can do this by carrying out regular risk assessments. Also making sure that you have sufficient training and PPE to work safely.
When you’re using a public space for the purpose it’s intended, whether that’s a gym, supermarket or public park, the Occupier’s Liability Act 1957 says that the person in control of this space is liable for your safety.
The person with a duty of care in a public place is the occupier. This should be someone who could have reasonably prevented the harm from happening. This means that the occupier might be a business owner who’s renting the space.
For road traffic accidents, there isn’t a specific piece of legislation that outlines the duty of care and instead, we look to the Highway Code. This tells us that all road users have a duty of care to each other. We’re all expected to adhere to the standards of care and skill as the average driver.
If you’ve been injured in an accident and feel like someone else has neglected their duty of care to you, then get in touch with our team to discuss your case and get the ball rolling on your claim.
There are a lot of personal injury compensation calculators online that say they’re able to estimate how much your claim is worth. This might seem like a good way to get an estimate of how much you could be entitled to, but they’re not always accurate.
When pursuing a claim for compensation for a fractured leg, you’ll be invited to a medical assessment to establish the extent of your injuries and any long-term effects. This will also confirm that your injuries are a result of the accident and not a pre-existing ailment.
Instead of relying on a personal injury calculator to see how much your claim is worth, get in touch with our team today to discuss your claim.
Below, we’ll look at what might be included in a personal injury compensation claim.
General damages are the part of your claim that’s awarded to you based on your injuries. These could be based on the Judicial College Guidelines. They will be affected by the type, severity and longevity of your injuries.
Special damages will be awarded to you based on any out-of-pocket expenses that you’ve incurred because of your injuries. This includes any travel to and from medical appointments, medication or physiotherapy that you might have had to pay for. If your injuries will affect you for a long time, any changes you need to make to your home will also be covered.
It’s really important that you keep receipts and invoices. Without proof, these things may not be included in the special damages head of your case.
You might be entitled to make a claim following an accident that wasn’t your fault but be put off by potential financial risk. Luckily, our panel of solicitors can offer you a No Win No Fee agreement. They won’t ask for payment while your case is ongoing.
If your case is successful, then the solicitors will take a legally capped success fee from your compensation amount. For more information on moving forward with a No Win No Fee compensation claim, contact our team today.
Looking for a solicitor to represent you in your personal injury compensation claim can be a daunting process, and finding a solicitor to represent you isn’t always straightforward. Many people assume that they need to choose a solicitor that’s local to them, but this isn’t necessarily the case.
When pursuing compensation for a fractured leg, it’s important that if you decide to use a solicitor it is someone you can trust to work with you. You need to feel comfortable with them. Having confidence that they’ll do their best while working on your claim. Speak to our team today to see how we can put you in touch with an expert personal injury solicitor.
If you want to chat with someone about claiming compensation for a fractured leg, you can contact our team by
- Calling us on 0800 408 7826
- Writing to us using our online form
- Using our live chat in the bottom right of this screen
- An NHS guide to a broken leg
- HSE- A guide to reporting accidents and injuries at work
- The Occupier’s Liability Act 1957
- Click here to read our guide to facial scars
- Or try here for our guide to ankle injures
- And we have a detailed case study on fractured leg claims you can read here
Written by ER
Checked by SA.