Have you sustained a broken hip through no fault of your own? If so, this article aims to inform you of how you could make a personal injury claim against the third-party responsible.
If, at any point, you’d like more information, please don’t hesitate to contact one of our friendly advisors today. They can connect you to our panel of personal injury lawyers who could help you make a successful claim to secure the compensation that you deserve.
Select a Section
- A Guide To Calculate Compensation For A Broken Hip
- What Is A Pelvic Fracture Injury?
- Financial Loss From A Hip Fracture
- Common Accidents Causing Hip Fractures
- Care Claims Along With Broken Hip Injury Compensation
- Solicitors Can Value Compensation Settlements
- Case Study: £100,000 For A Fractured Hip
- Call Us For Free Compensation Estimates
- Eligibility For No Win No Fee Agreements
- Where Are Top Personal Injury Lawyers?
- Reach Our Advisors
- Additional Resources
n order to provide you with a comprehensive understanding of how to claim for a broken hip, we’ll begin by explaining how to identify this type of injury, listing some accidents commonly responsible.
We’ll then present some potential impacts a broken rib injury can have on you, ranging from physical and psychological to financial effects. We discuss how you can claim back any injury-related costs as ‘special damages’ and give you some examples, including our example case study.
We hope you find our article useful. Please contact our team if you’d like more information about making a claim for a broken rib to see how we could help.
A pelvic fracture injury can be anything from a crack in the upper femur to a broken hip bone, with symptoms including pain, swelling, and limited movement of the leg.
These injuries are commonly sustained from falling onto your side but can also be the result of an ongoing health condition. Immediate medical treatment is required for these injuries and an x-ray or scan is often needed to confirm a broken hip.
In most cases, surgery is the only option for recovery, with procedures ranging from screws being fitted to a hip replacement. Generally, broken hip patients are discharged within 2 weeks. However, rehabilitation programmes can take anywhere from 4 weeks to 4 months for mobility to be regained, depending on the severity of the injury and the extent of the treatment required.
If you’ve sustained a broken hip injury, it’s common to experience financial loss in the aftermath of your accident. Whether paying out of pocket for things like prescription fees and care costs or suffering a loss of earnings as a result of unpaid sick leave or missed opportunities, injury-related expenses can be recovered as part of your personal injury claim.
In attempts to restore you to the financial position you were in prior to your injury, special damages can be claimed to compensate you for any financial loss you’ve experienced as a result of your injury. Please continue reading to learn more about special damages and the types of expenses that can be recovered.
If you’ve sustained a broken hip injury and someone else was responsible for it, then you could be entitled to compensation. To establish liability of a third-party, you must be able to prove that they owed you a duty of care and that they breached that duty, resulting in an accident in which you were harmed.
Here are some examples of bodies commonly owing a duty of care and how they may be held liable for negligence:
- Under the Health and Safety at Work etc. Act 1974, you could be entitled to compensation if your broken hip was a result of your employer breaching their duty of care. In 2019, slips, trips and falls accounted for a third of all major workplace injuries, with over 95% causing broken bones. If you slipped on a leak that your employer ignored, you could be entitled to claim for a broken hip.
- Those in control of public places
- Under the Occupiers’ Liability Act 1957, those in control of public places have a duty of care under public liability. If you sustain a broken hip in a public place accident and third-party negligence is responsible, you could be entitled to compensation. For example, if you tripped due to a poorly maintained paving slab on a public footpath and sustained a broken hip, you could be entitled to claim against the council if the hazard was over 40mm in depth.
- Road users
- In 2019, over 157,630 people were injured on Britain’s roads. A road traffic accident (RTA) is defined as any collision involving a vehicle or other road user. Road users have a duty of care according to the Highway Code, which they could be held liable for breaching if you’re injured as a result. If an RTA caused by a careless driver resulted in you sustaining a broken hip, you could be entitled to compensation.
A broken hip can be incapacitating in varying degrees, but it’s inevitable that you’ll need some level of help after sustaining this type of injury.
As part of a personal injury claim, the cost of care can be compensated. Whether you received assistance from family and friends – referred to as gracious care – or you acquired professional help from a carer, you can receive costs for care regardless of whether any expense was incurred.
To value the cost of gracious care, the average time that was spent caring for you is used in accordance with the average fee charged by a local professional. This figure is then reduced on the basis that the service you received wasn’t commercial.
Compensation for professional care is calculated using invoices raised, the total of which is then reimbursed to you.
Therefore, please ensure you retain a paper trail of any expenses incurred to evidence your personal injury claim, including care costs. You can also claim care costs for any assistance you usually provide to others but your broken hip prevented you from continuing, like caring for a vulnerable loved one.
If you’d like to find out more about claiming back care costs, please speak to one of our advisors today or continue reading to learn about other types of expenses you could recover.
In making a personal injury claim for a broken hip, your solicitor will ask you to undergo a medical assessment with an independent expert. Your appointment will likely entail the following:
- A physical examination will be performed
- A series of questions will be asked about your accident
The practitioner will assess and give their opinion on the extent of your injury and the impact it’s had. In addition, the appointment aims to corroborate the details you gave your solicitor about your accident, thereby evidencing your claim.
This information ultimately helps your solicitor value your case, therefore it’s vital that you attend. If you choose to make a claim with us, we’ll make every effort to ensure your appointment is as convenient for you as possible by using our extensive network of specialists across the nation. To learn more about the services our panel of personal injury lawyers provides, please contact one of our advisors today.
Personal injury claims have two heads of damage that you can claim for: general and special damages. General damages can be claimed for things like physical pain and trauma, psychological suffering and the effects they’ve had on your life.
Special damages can be claimed in addition, with the aim of restoring the claimant back to the financial standing they had prior to their injury. Accounting for injury-related costs that have been or will be incurred, expenses that can be recovered include:
- Medical bills, travel expenses, care costs and the like
- Loss of earnings from unpaid sick leave or missed opportunities resulting in future losses
As an experienced scaffolder, Mr Jackson was on a job when part of the scaffolding he was on collapsed. As Mr Jackson’s employer had failed to appropriately train new staff before allowing them to erect scaffolding, they were in breach of their duty of care under the Health and Safety at Work etc Act 1974.
This breach led Mr Jackson to fall from a height and land on his side, experiencing excruciating pain in his upper thigh and hip as a result. After being rushed to A&E, an x-ray confirmed that Mr Jackson had fractured his hip and he was scheduled in for surgery within 48 hours.
Due to the severity of his injury, Mr Jackson required a hip replacement. However, his surgery was only partially successful and required a revision surgery just 4 weeks later. This meant Mr Jackson’s recovery period was significantly longer than that of the average broken hip injury, taking around 6 months of rehabilitative physiotherapy before he regained normal mobility.
As Mr Jackson’s injury left him largely incapacitated, he was unable to work during his recovery period. In addition, he was also unable to complete usual duties like caring for his children and elderly mother or undertaking domestic chores.
Since Mr Jackson knew he wasn’t responsible for his broken hip injury, he decided to pursue compensation with help from a personal injury lawyer. In building his case against his employer, he used records from his workplace’s accident book, photographs taken at the scene of the incident and contact details obtained from his co-workers who witnessed it.
In addition, Mr Jackson’s solicitor gathered witness statements and a report from an independent medical specialist, ensuring they had the evidence they needed to make a successful claim.
Initially, Mr Jackson’s employer disputed the claim and stated that they had in fact provided proper staff training. However, when Mr Jackson’s solicitor made a disclosure request to RIDDOR, a pattern of past reports emerged showing a series of near-miss accidents of a similar nature. This indicated a lack of employee competence in regards to safety procedures, evidencing Mr Jackson’s claim and forcing his employer to settle.
For his broken hip, Mr Jackson was awarded £52,825 in general damages, which was based on the severity of his hip fracture and the prolonged recovery period he subsequently endured.
Mr Jackson was also awarded around £47,175 in special damages, attempting to account for the loss of earnings he experienced, as well as injury-related costs he had to pay for such as childcare and medical costs:
Type of Special Damages:
Travel Expenses To and from appointments/treatment As Mr Jackson’s broken hip prevented him from driving, he was awarded £475 for travel expenses.
Medications/Prescriptions Prescriptions, treatment, physiotherapy, walking aids, etc.
For his prescription painkillers, Mr Jackon recovered £110. In addition, he also received £35 for the crutches he required and £125 for a wheelchair.
Adaption To Property For injuries that cause serious loss of functions (i.e. amputations, disabilities, etc.)
Mr Jackson’s broken hip left him largely incapacitated, meaning he had to make adaptations to his house to enable mobility. He recovered £110 for a wheelchair ramp and grab rails, £60 for a shower seat and £2,950 for a stairlift.
Additional Care Professional care at home, from family, childcare, etc.
As Mr Jackson’s broken hip left him unable to care for his elderly mother, he recovered £8,580 in domiciliary care costs over his recovery period. In addition, Mr Jackson was awarded childcare fees of £3,725 for each of his two children and £2,560 to fund his own care, totalling £18,590.
Future Loss Loss of Earnings, future loss of earnings, potential future care.
Earning £47,000 a year, Mr Jackson was awarded £23,500 for the 6 months he was forced to take off work. In addition, he recovered £3,000 for the attendance bonus he subsequently lost.
Cleaning/Gardening: Cleaning, gardening, areas that requires consistent attention.
As Mr Jackson was unable to complete domestic tasks due to his broken hip, he was awarded £1,945 for a cleaner and gardener.
The case of Mr Jackson 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.
We advise any claimants interested in how much compensation they could receive to avoid online ‘personal injury compensation calculators’. Rather than taking the unique features of your case into consideration, they can provide general estimates which can be inaccurate.
If you’d be interested in receiving a trustworthy quote on your compensation entitlement for a claim for a broken hip, please speak to one of our friendly advisors today. We can offer you a free consultation on your unique situation, working with our experienced panel of personal injury lawyers to provide you with reliable figures.
Sustaining a broken hip injury can take a significant physical and psychological toll, particularly if it was through no fault of your own. Whether you’ve had to pay for things like prescription fees and care costs, or experienced a loss of earnings from taking unpaid sick leave, you may be suffering a financial shortfall as a result of your incapacity.
If the prospect of paying solicitors’ fees is stopping you from pursuing compensation, a No Win No Fee agreement could be the solution.
As part of these agreements, you don’t pay your No Win No Fee solicitor unless they win your claim for you. There are no hidden fees to worry about either. You’re only required to pay a small ‘success fee’ to cover your solicitor’s legal costs. However, this fee is legally-capped to ensure you still receive the compensation you’re entitled to.
If you’re looking to claim for a broken hip on a No Win No Fee basis, then look no further than our panel of personal injury lawyers. While we do our best to secure your compensation, you can focus on your recovery, knowing your claim is in safe hands.
Please contact one of our advisors today to learn more about our services.
If you’re wanting to claim for a broken hip, acquiring legal help can significantly increase your chances of receiving compensation. With years of training and experience in the claims process, a personal injury lawyer can also use their specialist knowledge to maximise your payout.
However, having to select a solicitor can be a daunting task, particularly given the number of law firms out there. If you’re planning on taking a trip to your local high street to find a solicitor near you, we advise you to pause and consider whether you could get a better service elsewhere.
As technology now enables the legal system to function virtually, you don’t need to limit your search for a solicitor to your local area. By using online reviews, you can narrow down your search for legal help by seeing which solicitors fare best upon recommendation.
You can access the experiences of former clients to give you an insight into the services available to you, allowing you to compare and contrast them to inform your decision.
Our panel of personal injury lawyers has clients across Britain and could connect with you remotely, wherever you’re based. We offer regular updates over email, phone calls and in-person meetings, depending on what you prefer.
If you’d like to learn more about how we could help you claim for a broken hip, please speak with one of our advisors today.
If you’ve sustained a broken hip through no fault of your own, our panel of personal injury lawyers is here to help you claim the compensation you deserve. Please reach out to one of our specialist advisors today for a free, no-obligation consultation to see what we could do for you.
Thank you for reading our guide to claiming for a broken hip. We’ve provided some additional resources below that may be of use:
- Find NHS services
- NHS broken bone guide
- Health and Safety Executive
- Click here to see our guide on public accident claims against the council
- Head here to read our guide to university accidents
- Click here to read our guide on dog bit cases
Guide by OA
Edited by II