Case Study – How To Sue For A Broken Hip After A Road Accident
Have you been injured in a car accident? Was the accident caused by someone else’s negligence? If so, our helpful guide about how to sue for a broken hip after a road traffic accident could help you get the compensation you’re owed.
When you’re involved in a car accident and sustain an injury, this can have a real impact on your wellbeing and quality of life. And when the injury you sustain is a broken hip, this can cause a lot of pain as well as problems with your mobility. The recovery process can be long and protracted, and sometimes the ill effects of an injury like this can be permanent.
This article will cover some essential information about claiming for an injury sustained in a road traffic accident. We have created an illustrative case study to highlight the process of claiming £85,000 for a broken hip. For more information on personal injury claims, call us on 0800 408 7827 to speak to our panel of knowledgeable advisors; otherwise, keep reading.
About Broken Hip Injuries
- A Guide To Broken Hip Injury Claims
- What Is A Broken Hip Injury In A Road Traffic Accident?
- Causes Of Broken Hips In Road Accidents
- How Much Compensation Will I Get For A Broken Hip Injury?
- How Special Damages Are Calculated
- Case Study – £85,000 Compensation For A Broken Hip Injury In A Road Traffic Accident
- How To Sue For A Broken Hip With A No Win No Fee Solicitor
- How To Get Specialist Legal Advice For A Road Traffic Accident Claim
- Contact Us For Free Legal Advice
- Get More Help
- Road Traffic Accident Broken Hip FAQs
We’re here to support in making a claim following an accident with a negligent road user. We’ll start by looking at some statistics related to road accident claims.
Next, we’ll look at broken hip injuries in detail and how they can be caused by road traffic accidents. We’ll go on to examine the duty of care owed by road users to one another.
This guide will then go on to look at how compensation is calculated. It will look at the different heads of claim that make up a compensation settlement.
We will go on to look at a case study in which an injured person is awarded £85,000 for a broken hip in a car accident. It will look at how the incident took place, the process of collecting evidence and how a claim is valued.
We’ll conclude by looking at the process of claiming compensation on a No Win No Fee basis. To conclude, we will answer some commonly asked questions about broken hip at work injuries.
If you’re ready to get your claim started today, then get in touch with a member of our team. Otherwise, you can read on for more information.
Broken bones in road traffic accidents
The 2019 annual report for road traffic accidents in Great Britain recorded around 25,945 serious injuries and 125,461 slight injuries. These injuries can include fractures or breaks to the hips, pelvis or coccyx.
When looking at the statistics for road traffic accidents, it helps to be aware of other factors. For example, the type of road the accident took place on. The annual report highlighted that 57% of road deaths took place on rural roads in 2019. This added up to around 994 fatalities compared to 105 deaths recorded on motorways in the same time period.
For example, it was recorded in the Reported Road Casualties in Great Britain: 2019 Annual Report that there were 557 cases of a fractured pelvis or upper leg. This figure comes from CRASH and is based on cases that were reported by the police. Because these details are based on reported incidents, the actual number of injuries may vary.
It’s important to remember that you can claim if you’ve been affected by a road traffic accident that wasn’t your fault. Keep reading for more information on how to sue for a broken hip.
A fracture to your pelvis or hip can be painful and impact your mobility. You should seek medical advice if you injure your hip and, as a result, are:
- Unable to stand or bear weight on your injured leg
- Experiencing bruising and swelling around the affected area
- Unable to lift, move or turn your leg
The doctor will usually arrange an x-ray to determine the nature of your injury. They may also arrange for a CT or MRI scan.
The treatment can vary depending on how severe the injury is. However, surgery is usually the only way to treat a broken hip. About half of all instances of a broken hip require a full or partial hip replacement. If you don’t require a replacement, the doctor will fix the injury with plates, rods or screws.
The type of surgery will depend on the type of fracture, what age you are, and the bone condition. It will also take into consideration your general health and level of mobility before the accident.
Due to the nature of the treatment, your recovery could be quite lengthy. You may have to spend up to 2 weeks in hospital followed by months of rehabilitation to recover from surgery and physiotherapy to regain strength. You’ll also be provided with support from social services if necessary to help you to adapt to life after surgery.
This information is provided by the NHS. For more information on symptoms, treatment and recovery time of a broken hip, visit the NHS website.
A hip fracture usually refers to a fracture or break at the top of the femur near the hip joint. . When a hip fracture is caused by a road traffic accident, it may be in a high-impact crash where the side of the hip has been injured.
Impacts to the side of the hip can be caused by numerous kinds of accidents. For instance, a driver may pull out of a junction incorrectly and crash into the side of a driver travelling down the main road. If the impact to the side of the car is forceful enough, this could cause the hip to be fractured.
Additionally, a hip injury could be caused by a driver merging or overtaking in an unsafe manner. If a driver negligently tries to change lanes when it’s not safe to do so, this could cause them to collide with the side of another vehicle. An accident of this type could lead to a hip fracture.
For more information on the duty of care that road users owe to one another and how a breach of this duty could result in a hip injury, please read on.
Road users duty of care
All road users have a duty of care to one another. This means that you’re expected to take all reasonable steps to ensure other people’s safety and wellbeing on the road.
The Highway Code sets out guidelines for all road users to follow. For example, in order to fulfil their duty of care, drivers should:
- Abide by speed limits
- Ensure that their vehicle is roadworthy
- Concentrate on the road, e.g. by not using a mobile phone
All road users are expected to conduct themselves with “ordinary skill and care”. This means that they’re expected to adhere to the standards of an average motorist, and no allowances will be given to inexperienced or unskilled drivers.
For more information on how a road user can breach their duty of care, please continue reading.
How road users can be in breach of this duty
There are many ways a road user can breach their duty of care to one another. For example:
- Failing to stop at a junction
- Not keeping a safe stopping distance and crashing into another car from behind
- Merging without indicating
These are just some examples of negligent action on the road. If you feel that the accident in which you were injured was caused by another driver’s negligence, then you may be able to claim.
Get in touch with our panel of advisors today, and they may be able to connect you with a personal injury solicitor who could value your claim. Or see below for more information on how compensation is valued.
If you’ve been in an accident and suffered from a hip injury, you might be wondering about compensation for a hip fracture after a crash. In this section, we’ll look at how a solicitor works out the value of your claim.
Compensation is split into general and special damages. General damages cover the impact the accident has had on your quality of life. It takes into account the pain and suffering that your injuries have caused you.
A solicitor will value the general damages head of your claim by referring to the Judicial College Guidelines. They look at what compensation was awarded in the past for a similar injury. This information is then used to create guideline compensation brackets for injuries of different severities.
It can be useful when calculating general damages to provide evidence for your injuries and the circumstances of the accident. This may include medical reports, witness statements and CCTV, amongst other things.
Special damages is the second head of a typical compensation claim. See below for more information on what these consist of and how they are calculated.
As opposed to general damages which compensate you for your injuries, special damages cover financial losses both past and future. There is a range of special damages you can claim, including:
- Loss of earnings
- Cost of care for yourself or anyone dependent on you
- Private rehabilitation or physiotherapy that’s not available on the NHS
- Loss of deposits for plans that have been cancelled, for example, holidays or sporting events
- In order for special damages to be included as part of your claim, you must provide evidence for the loss you have experienced. This might include payslips that show the loss of earnings you’ve experienced, invoices for home adaptations that you’ve had to undertake or receipts for medication.
Many websites offer personal injury compensation calculators which value your claim. While these can be useful in giving a rough estimate, they don’t often collect enough information to accurately value your claim. When you speak to a member of our team, they’ll ask the relevant questions and collect the information needed to see how much you could be owed.
If you have any questions about how to sue for a broken hip and the compensation you could be owed, call our team on the number above for more help and advice.
Mr Samson, a 30-year-old Marketing Manager, was on his way to pick his children up from school. However, his day took a turn for the worse when he was involved in a car accident. When driving straight at a traffic light monitored cross junction, another driver hit the side of his vehicle.
Unfortunately, the driver who hit him quickly drove away. However, pedestrians waiting to cross the road saw the incident happen and called for medical assistance straight away.
After being taken to the hospital, the doctor confirmed Mr Samson had suffered a break to the top of his femur. The doctor recommended a partial hip replacement to treat Mr Samson’s injury.
How did Mr Samson break his hip or pelvis?
Mr Samson suffered a broken hip and damaged femur as a result of a side-impact crash. Unfortunately, the driver responsible for the accident drove away.
However, a couple of witnesses managed to get the drivers’ registration. Mr Samson later found out that the driver was uninsured. As a result, Mr Samson made his claim through the Motors Insurers’ Bureau (MIB). The MIB is a non-profit organisation that compensates those who’ve been involved in accidents with untraced or uninsured drivers.
The damage to his vehicle, alongside dashcam footage from a taxi driver who was waiting across the junction and witness statements from the pedestrians, meant it was clear that Mr Samson was not responsible for the accident that caused his injuries.
Because of the impact that the accident had had on his quality of life, Mr Samson decided to seek legal advice about pursuing a claim.
How much compensation was this claimant awarded?
Mr Samson suffered a great deal of pain from the accident and needed surgery to partially replace his hip, as well as months of rehab and physiotherapy. As a result, he could not go about his normal routine or care for himself. This meant that he had to hire a nurse to come and help him with daily tasks.
Furthermore, as a single parent, he was unable to care for his children as normal. This meant that, where Mr Samson was usually able to drop his children off at school and pick them up, he relied on a childminder to do this for him. His children also required full-time care while he was in the hospital, and he had to arrange for them to be looked after as he attended medical and physiotherapy appointments.
Mr Samson was also disappointed that their annual family trip to Disneyland Paris would have to be cancelled. He was told by his doctor he wouldn’t be able to fly, and as a result, lost out on his hotel deposits and flight costs.
Due to the extensive evidence that Mr Samson was able to acquire and the fact that it was clear the other driver was responsible, he was awarded £85,000 in general and special damages.
For more information on how this compensation was broken down and how to sue for a broken hip, see the table below.
Why was he awarded this settlement?
|General Damages||How much?||Special Damages||How much?|
|The average compensation amount for a severe hip injury ranges from £58,100 to £73,580||£60,000||Loss of earnings||£6,500|
|Total Special Damages:||£25,000|
The case study with Mr Samson is an example. It allows us to show you how accidents similar to yours can happen and how much compensation you could get.
When making a personal injury claim, you may have the option to enter into a No Win No Fee agreement with a solicitor. This means you don’t pay any solicitor fees unless certain conditions are met.
A No Win No Fee (or Conditional Fee) agreement means that you won’t be asked to pay your solicitor anything in order for them to start work on your claim. You also won’t be asked to pay them anything as your claim is ongoing.
If your solicitor does win the case, their fees are taken in the form of a legally capped success fee after you’re awarded your compensation. The percentage of the compensation to be deducted is legally capped and agreed on at the start by you and your personal injury solicitor.
Some people may be put off claiming with a solicitor because they feel that they’ll be faced with upfront costs. A No Win No Fee agreement means that this isn’t something you need to worry about. Get in touch with our team today to find out more about claiming.
We understand how much being injured in an accident can affect you. And when the accident was caused by someone else’s negligence, the situation can be even more frustrating.
Our team of advisors can help support you and provide you with the information you need to make a claim. As each personal injury claim case is unique, our advisors will collect specific details of your case in order to see how much you could be owed. If they feel your claim has a good chance of success, they may be able to pass you on to a No Win No Fee solicitor from our panel.
Our helpline is open 24/7 with expert advisors on hand to provide you with free legal advice on how to sue for a broken hip. For more information on how you can connect with us, see below.
We’ve covered a lot of information in this article. You may feel like you’re ready to start your claim for compensation today. Alternatively, you might be looking for more information to answer any questions you have about the claims process. Either way, you can get in touch with our team today, and our advisors will do all they can to help you.
You can either:
- Call us on 0800 408 7827
- Write to us using the enquiry form
- Chat to us via live chat at the bottom of the page.
Was your injury caused by your employer? See our guide on suing your employer for more information.
Perhaps you’ve injured your hip in a slip, trip or fall. If so, read our guide to claiming after an accident of this type.
Did you suffer a road traffic accident due to the council’s negligence? See our guide for more information about claiming for your injuries.
The Road Safety Act 1988 outlines driving offences and the penalties that relate to them.
Visit the NHS for any medical questions you have and for more advice on broken bones.
Visit the government website for more information or statistics on road accidents.
What is the average recovery time for a broken hip?
The recovery time for a broken hip can vary. It can take anywhere from 5 months to a year for the injury to fully heal. Sometimes, you may be left with permanent repercussions following an injury of this kind.
When can I drive after a hip fracture?
You should speak to your doctor about how soon you’re able to resume normal activities after a hip fracture. It’s important that you don’t drive until you’ve had confirmation from a medical expert that it is safe to do so.
How much compensation will I get for a broken pelvis?
Compensation amounts for a broken pelvis can vary. The severity of the injury, the length of recovery and the value of any special damages can all affect how much you’re owed.
Is a hip fracture an emergency?
If you think you’ve fractured your hip, you should seek immediate medical advice. For more information on the symptoms of a hip fracture, visit the NHS website.
Thank you for reading our guide on how to sue for a broken hip.