How To Sue For A Break Or Fracture

Welcome to our guide on how to sue for a break or fracture after an accident caused by someone else. We understand how overwhelmed and frustrated you might be feeling. However, no matter whether the injury was minor or severe, if someone else’s negligence caused it, you could have grounds to sue. 

sue for a break or fracture
A guide about how to sue for a break or fracture

Our guide will provide information on making a personal injury claim. However, we expect that you might still have questions after reading. If so, our advisors are available 24/7 to provide free legal advice and answer any questions you might have. 

If you’re feeling apprehensive about claiming, perhaps because your employer caused the accident, we understand. However, you have more rights than you might think. Furthermore, our advisors can assess whether you have a valid claim based on the evidence you’ve obtained to show liability.

For more information, call our advisors on 0800 408 7827. Alternatively, see below for more details on how to sue someone for negligence. 

About Suing For A Broken Or Fractured Bone

  1. A Guide On How to Sue For A Break Or Fracture
  2. What Is A Lawsuit For A Broken Or Fractured Bone?
  3. What Could I Claim Compensation For?
  4. Who Could I Sue If I Have Fractured Or Broken A Bone?
  5. What Evidence Will I Need To Sue For A Break Or Fracture?
  6. What Medical Evidence And Reports Will I Need?
  7. Work Out How Much You Could Sue For After A Break Or Fracture
  8. Accepting A Compensation Settlement Offer
  9. Do You Need A Solicitor To Claim For A Break Or Fracture?
  10. How To Sue For A Break Or Fracture With A No Win No Fee Solicitor
  11. Ask Our Team About How To Sue For A Fractured Or Broken Bone
  12. Get Free Legal Advice
  13. FAQs On How To Sue For A Break Or Fracture
  14. Resources

A Guide On How to Sue For A Break Or Fracture

Have you suffered a broken arm after using a faulty machine at work? Have you endured a broken neck in a road accident? Maybe a fall in a restaurant caused a broken leg or broken shoulder? No matter what break or fracture you’ve suffered, if someone who owed you a duty of care was responsible, you could sue for a broken bone. 

Throughout this guide, we’ll be answering some common questions. We’ll be exploring the duty of care you’re owed in various places; for example, in the workplace, a public place, in a road traffic accident or when accessing medical care. We’ll also consider the importance of providing evidence to prove that someone caused your injuries. 

Additionally, we’ll look at how much you could be awarded for your compensation claim. Although compensation amounts can vary, we’ve provided examples of awards for different broken bone injuries. 

Furthermore, we’ll look at the benefits of using the services of a solicitor and how you could access legal help without paying an upfront solicitor fee.

For more information, continue reading on how you could sue for a fractured bone.

What Is A Lawsuit For A Broken Or Fractured Bone?

To make a claim for a broken bone, you’d need to show that the other party:

  1. Owed you a duty of care.
  2. Breached this duty.
  3. Your injuries were a result of this.

Parties that owe you a duty of care include employers, those in control of places that are accessible to the public and road users.

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers need to report certain workplace injuries, illnesses and near misses.  Through RIDDOR, 51,211 non-fatal injuries were reported in Great Britain in 2020/21. 

There were also 115,584 casualties of all severities in road traffic accidents in 2020. Additionally, the Compensation Recovery Unit recorded 51,286 public liability cases registered and 71,195 of these cases settled in 2020 to 2021.

Many accidents could lead you to sue for a break or fracture. For example:

  • Your employer fails to provide you with the necessary footwear on a building site, something falls on your foot, and you suffer a broken toe or foot fracture.
  • You slip on an unattended spill in a supermarket aisle and suffer a hip fracture or pelvic fracture.
  • A car hits yours from the side because it was speeding, and you suffer a broken collarbone or broken cheekbone from the airbag.
  • You suffer a vertebrae fracture but get misdiagnosed through negligence after seeking medical treatment. You then have to deal with complications caused by not having the correct treatment.

How can I report bone fractures after an accident?

It’s important to report certain accidents. For example, you should report a car accident to the police within 24 hours if you were injured. If the accident happened at work or in a public place, you should ensure it’s recorded in an accident book. 

For any medical negligence accidents, you can report your complaint to the doctor’s surgery or hospital where negligence took place. If you don’t receive the outcome you’d hoped for, you can take the complaint further. For more information on medical negligence claims, contact our advisors.

No matter where or how the accident happened, you could get compensation for the pain and suffering you experienced. See below for more information on how compensation is calculated. 

What Could I Claim Compensation For?

Fractures were among the most reported non-fatal workplace injuries in 2020/21, with RIDDOR recording 15,159 fracture injuries in the workplace. However, this doesn’t specify whether they were caused by an employer’s negligence. 

Essentially, you could sue for any injury that was caused by someone who owed you a duty of care. For example:

  • Simple fractures such as one broken bone, e.g. broken thumb, a broken finger or foot fracture
  • A compound fracture where more than one bone has been damaged, e.g. in a broken wrist or broken arm

Potential Compensation When You Sue For A Break Or Fracture

You could claim for the pain and suffering inflicted under general damages. These cover your physical and emotional pain and the impact the injury has had on your quality of life. A solicitor may use the Judicial College Guidelines to value your claim, as it provides figures for general damages. 

Additionally, if you successfully sue for a break, you may be able to claim special damages. Special damages compensate you for past and future financial losses caused by the accident. 

For instance, you may have lost out on earnings while you recovered. You could recover this. You could also claim damages such as:

  • Cost of care
  • Loss of pension
  • Loss of any bonuses 
  • Medical costs (such as prescriptions)
  • Travel expenses related to your injuries

However, before you make a claim, it’s important to look at who was responsible so you can work on building a valid claim against them. For more information on who you could sue for a break or fracture, see below. 

Who Could I Sue If I Have Fractured Or Broken A Bone?

You could sue anyone who owes you a duty of care. This could be an employer, controller of a public space or road user. Each has a duty of care to keep you safe. There is different legislation in place for them to follow to prevent accidents from happening. 

Employers

Employers owe you a duty of care under the Health and Safety at Work etc. Act 1974. They should ensure they take reasonable measures to protect your health and safety at work.

For example, an employer could do this by providing relevant training on how to use specialist machinery and equipment so employees can do their job safely. 

Occupiers

‘Occupiers’ or those in control of places that are accessible to the public need to abide by the Occupiers’ Liability Act 1957. They should ensure that the area they’re in control of is safe for visitors.

For example, a restaurant worker could put a wet floor sign down after mopping the floor, so a customer is made aware of the risk. 

Road Users

The Road Traffic Act 1988 and The Highway Code dictate how road users should behave on the road. Essentially, road users should use standard care and skill in order to avoid causing others harm. 

For example, drivers should not drive under the influence of drugs or alcohol to avoid causing an accident with other road users.

Medical Negligence

Medical professionals must treat patients with the minimum standard of care in order to prevent causing patients unnecessary harm. Doctors must be registered with the General Medical Council, which outlines aspects of their duty of care.

For instance, doctors should ensure they carefully check X-rays so an accurate diagnosis can be made. 

Who could be liable for bone fractures in an accident?

Liability can be complex. For example, it can be difficult to sue the guilty party in the case of a hit and run as they may be untraceable. If this happens, you would claim through the Motors Insurers’ Bureau which compensates injured victims of untraceable and uninsured driver collisions. 

What Evidence Will I Need To Sue For A Break Or Fracture?

When assessing whether you have a valid claim, a solicitor will look at the evidence you have. For example, they’ll need to assess evidence that the accident happened and how it happened. This can include:

  • CCTV or dashcam footage 
  • Photographs of the accident scene or cause of the accident
  • Witness contact details and statements
  • Police reports, if applicable 
  • Records of the accident in a workplace or public place accident book

Additionally, your solicitor may ask you to provide further evidence of any financial losses you’re claiming because the accident caused them. This might include:

  • Payslips for loss of earnings, loss of pension, loss of attendance bonus
  • Receipts for medical expenses, travel expenses, care costs 
  • Invoices for any future payouts such as home adjustments 

Further medical evidence might also be required to sue for a break or fracture after an accident. For more information on this, see below. 

What Medical Evidence And Reports Will I Need?

Medical evidence helps to prove the injuries you sustained were from the accident you’re claiming for. For example, medical reports from any visits to the doctor or hospital can show the diagnosis given and treatment recommended. 

If you’re claiming medical negligence due to an unreasonable misdiagnosis of your break or fracture, the first visit can show the original diagnosis. Then, the second visit can highlight that the first diagnosis was incorrect. 

In addition to the medical reports, you would attend an independent medical assessment as part of the claims process. This would result in an additional medical report from an unbiased medical professional on:

  • The state and severity of your injuries. 
  • Whether the injuries are consistent with those that such an incident would cause.

If you use the services of a solicitor to help you claim, they could use the report to help when valuing your injuries.

Any evidence you can provide could help further validate your claim and get you the compensation you deserve. If you have any questions about evidence, give our advisors a call on the number above for further details. 

Work Out How Much You Could Sue For After A Break Or Fracture

Would you like to work out how much compensation you could claim for your injury? If so, we’ve provided some figures for different injuries at varying severities to give you an idea of what you could claim. We’ve taken the figures from the Judicial College Guidelines (JCG), a document solicitors can use to value claims along with the independent medical report.

The compensation table below only shows figures for general damages. A solicitor would work out special damages separately and add them to general damages to form your overall compensation package. 

Injury SeverityAverage compensation amountComments
LegLess seriousUp to £11,110Simple fractures to tibia or fibula or soft tissue injuries.
LegModerate£26,050 to £36,790Complicated or multiple fractures or severe crushing injuries, generally to a single limb.
ArmSimple Fractures of the Forearm£6,190 to £18,020Simple fractures of the forearm
ArmInjuries Resulting in Permanent and Substantial Disablement£36,770 to £56,180Injuries resulting in permanent and substantial disablement
ElbowMinor/moderateUp to £11,820Most elbow injuries fall into this category. They comprise simple fractures, tennis elbow syndrome, and lacerations; i.e., those injuries which cause no permanent damage and do not result in any permanent impairment of function.
ElbowA Severely Disabling Injury£36,770 to £51,460A severely disabling injury.
KneeSevere (i)£65,440 to £90,290Serious knee injury where there has been disruption of the joint, the development of osteoarthritis, gross ligamentous damage, lengthy treatment, considerable pain and loss of function, and an arthroplasty or arthrodesis has taken place or is inevitable.
KneeModerate (ii)Up to £12,900Lacerations, twisting, or bruising injuries.
AnkleModestUp to £12,900The less serious, minor or undisplaced fractures, sprains, and ligamentous injuries.
AnkleModerate£12,900 to £24,950Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty in walking on uneven ground, difficulty standing or walking for long periods of time, awkwardness on stairs, irritation from metal plates, and residual scarring There may also be a risk of future osteoarthritis.
FootSevere£39,390 to £65,710Fractures of both heels or feet with a substantial restriction on mobility or considerable and permanent pain. Examples include injuries that result in severe degloving, extensive surgery, heel fusion, osteoporosis, ulceration, or other disability preventing the wearing of ordinary shoes. It will also apply in the case of a drop foot deformity corrected by a brace.
FootModestUp to £12,900Simple metatarsal fractures, ruptured ligaments, puncture wounds and the like.
BrainVery Severe£264,650 to £379,100Very severe brain damage: some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
Brain/HeadMinor£2,070 to £11,980Minor brain or head injury: in these cases brain damage will have been minimal.
BrainModerate (iii)£40,410 to £85,150Moderate brain damage cases in which concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy, and any dependence on others is very limited.
WristInjury resulting in significant permanent disability£22,990 to £36,770Injury resulting in significant permanent disability, but where some useful movement remains.
WristAn uncomplicated Colles' fractureIn the region of £6,970An uncomplicated Colles' fracture.
Hip and PelvisSevere (i)£73,580 to £122,860Extensive fractures of the pelvis involving, for example, dislocation of a low back joint and a ruptured bladder, or a hip injury resulting in spondylolisthesis of a low back joint with intolerable pain and necessitating spinal fusion. Risk of disabilities such as lack of bladder and bowel control, sexual dysfunction, or hip deformity making the use of a calliper essential; or may present difficulties for natural delivery.
Hip and PelvisLesser Injuries (ii)Up to £3,710Minor soft tissue injuries with complete recovery.

Please use these figures as a guide only, as compensation can vary depending on the severity of your injuries. For more information, or a free estimate of what you could claim, contact our advisors. 

Accepting A Compensation Settlement Offer

A solicitor will always aim to get you the maximum compensation offer. However, sometimes the defendant may offer less than you’d first hoped for. If this happens, you don’t have to accept the first offer. Instead, you can make a counteroffer. 

The negotiations may continue until both parties have agreed on an offer. However, if neither party can reach an agreement, further evidence and negotiations may be required to change the defendant’s position. If there’s still no agreement, the claim may have to go to court. However, this doesn’t often happen.   

If you’re unsure when to accept an offer, a solicitor could advise on the best course of action. However, they won’t make any decisions unless they have your consent to do so. The final decision will always be yours. 

Do You Need A Solicitor To Claim For A Break Or Fracture?

You don’t need a solicitor to make a claim. Instead, you can claim it yourself. However, this can come with risks, and it can be beneficial to have a solicitor guiding you through the process. 

All of our solicitors are knowledgeable in personal injury law and have experience handling similar cases. If you’re claiming against someone who has legal advice, it could be helpful to have someone experienced to help ensure your claim is successful. 

Additionally, a solicitor could value your claim using the medical report and the JCG and help you get the maximum compensation award that you deserve. 

For more information on how you could claim with a solicitor, see below. 

How To Sue For A Break Or Fracture With A No Win No Fee Solicitor

If you’re worried about the cost of claiming with a solicitor due to the expense of legal fees, but you want an expert helping you along the way, there is an option. Our advisors can put you in touch with one of our solicitors who can represent you on a No Win No Fee basis. 

This means if your solicitor is unsuccessful, you won’t pay any solicitor fees. If your solicitor is successful, you’ll pay a success fee. However, this is legally capped and can be agreed on with your solicitor before starting your claim. 

Most importantly, you can avoid paying any upfront solicitor’s fee before the claim starts and any ongoing costs that may build up during the course of your claim. See below for how you can connect with a knowledgeable personal injury solicitor to help you sue for a fracture. 

Ask Our Team About How To Sue For A Fractured Or Broken Bone

Are you feeling overwhelmed? Still a little apprehensive? If so, we understand. Our advisors are available to help you by providing free legal advice on anything regarding your personal injury claim

Additionally, they can provide an estimate of how much your claim is worth. However, they may need a few details first, including:

  • The severity of your injury
  • How it affected you long term 
  • When the accident happened

Once they have more information, they could provide a more accurate estimate than a personal injury calculator would be able to. 

For more information, see below for how you can get in touch with our advisors. 

Get Free Legal Advice

We’ve tried our best to cover as much information as we can in our guide. However, we understand if you still have questions. If you do, our advisors can provide further clarification on:

  • No Win No Fee agreements
  • Using a solicitor to claim
  • Duty of care and how to know who was liable 
  • Useful evidence 

Are you ready to start your claim? If so, our advisors can put you in touch with a personal injury solicitor to help you with the next steps. 

For more information, contact us on the following:

  •     Telephone number – 0800 408 7827
  •     Live chat at the bottom of the page
  •     Send us an enquiry, and we’ll get back to you at your specified time

FAQs On How To Sue For A Break Or Fracture

Could I claim if a child suffered a fractured or broken bone?

Yes, if the child was in an accident caused by someone else, you could sue for a broken bone on behalf of the child. The case would be taken to court to ensure that the compensation awarded is correct.

Can I claim for another person?

If someone is unable to represent themselves, you can claim on their behalf by acting as a litigation friend. For example, if the person is a child who is legally unable to represent themselves. Or someone who lacks the mental capacity to claim because of their injuries, e.g. brain damage.

How much is a broken bone settlement worth?

Compensation amounts for a broken bone can vary depending on which bone is broken and how severe the break is. A solicitor may use the JCG with the independent medical assessment to accurately value claims for bone fractures.

How long could a claim for a broken or fractured bone take?

The length of time it takes to make a claim can vary depending on whether the defendant admits liability and whether the claim needs to go to court. 

Will my claim go to court?

It depends on whether both parties can agree on a settlement figure. Additionally, it can depend on whether the defendant admits liability and whether the solicitors require further evidence. 

Resources

For more information on accident prevention, see the Royal Society for the Prevention of Accidents.

If you’re interested in health and safety in the workplace, the government health and safety website has some useful information.

Visit the government website for more statistics on road traffic accidents.

You can learn more about personal injury claims from our guides:

If you have any more questions about our guide on how to sue for a break or fracture after an accident, why not get in touch?

Article by MIT 

Edited by VIC