If you suffer a tibia/shinbone fracture, you may wonder what to do next. And if it occurs due to an accident that’s no fault of yours, you could potentially file a compensation claim. However, it pays to be aware of what the claims process requires and involves. And that’s why this guide is here! We explain everything you should know, as well as covering an example £16,000 case study for a fractured tibia compensation settlement.
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- A Guide To Calculate Shinbone/Tibia Compensation
- Fractured Tibia/Shinbone
- Can I Experience Financial Loss?
- What Causes A Tibia/Shinbone Injury?
- Specialist Settlement Calculations Of Your Case
- How To Get A Care Claim
- Case Study: £16,000 Shinbone/Tibia Compensation
- Our Experts Estimate For Free
- No Win No Fee Cases
- Could You Use The Best Personal Injury Solicitors?
- Discuss With Us
- Extra Help
The personal injury claims time limit is in place for any cases such as your potential fractured tibia compensation claim. You have got 3 years to claim from injuring yourself or from learning of your injury. There are of course exceptions to this rule. We’re covering everything throughout this guide from No Win No Fee agreements and care claims to special and general damages. Contact our specialists if you want guidance on any of the key topics above.
The tibia, or shinbone, is the longest and strongest bone in the lower leg. Sitting ahead of the fibula, the tibia provides strength by connecting the knee to the ankle bone. Therefore, a tibia fracture, where the tibia suffers a break at any point, could quickly, albeit temporarily, reduce your mobility. Straight away, there is a compromise to your balance, hence why the injury is a tough one to handle.
Even a minor tibia fracture could take quite a while to heal. For a moderate break, though, you may be looking at three months of incapacity possible more. And if it’s a serious fracture, then you may be waiting six months or more before you are healed. Note that the severity of the break would influence the fractured tibia compensation that you could claim for. Use the Live Chat function 24/7 to ask us any questions.
So, you’ve suffered a fractured shinbone, and you’re dealing with the consequences of the injury. But then comes the potential for financial troubles as a result. For example, are you now unable to work, potentially for several months, because of your tibia break? Also, are you paying out of your own pocket for medication to handle the pain? And is your incapacity preventing you from driving, thus requiring frequent costly trips on trains and buses to hospital? Each of these represents the financial fallout, though these could form part of the special damages claim. Want to find out further information? Please speak to our knowledgeable team today.
Before we describe the potential causes of tibia injuries, let’s consider how you could make a fractured tibia compensation claim. For it would be based on the negligence of a third party who owed you a duty of care which they then breached. And if that breach led to your shinbone fracture, then you may have the right to seek compensation.
As far as how a tibia fracture could occur, it may be an accident at work. The Health and Safety at Work etc. Act 1974 applies a duty of care to all employers to ensure the working environment is as safe as reasonably possible. But while it’s in place to avoid workplace accidents, consider that 693,000 people suffered workplace injuries during 2019/20.
The Occupiers’ Liability Act 1957 applies a duty of care on land occupiers and business owners so that they provide environments that are safe for public use. Restaurants, shops, supermarkets, leisure centres, gyms, parks and playgrounds to name but a few are all areas of public places covered by the legislation. If you slip in a supermarket on a wet floor that should have been signposted but was not you may be able to claim for any injuries that you suffered.
And we also have the possibility of a road traffic accident (RTA). The Highway Code‘s duty of care is for drivers, cyclists and pedestrians. They must show other road users a duty of care and drive with safety as the utmost importance. A collision could see you suffer a serious injury such as a shinbone fracture. Maybe a van knocks into your bike as you’re cycling, causing you to fall off and suffer a tibia fracture. It was recently reported that around 1,800 people suffer fatal accidents on the road each year.
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Once you decide to make a claim, you may need to undergo a full assessment of your medical condition. This would properly and fully diagnose the extent of your tibia fracture. That way, you can viably state how much of an impact the injury has had on you, along with the recovery period. And these points could shape the foundation of the fractured tibia compensation that you would claim for.
General and special damages would represent the basis of your case. The focus of general damages would be the pain and suffering you’re enduring, not to mention the loss of amenity. As for the special damages, though, these would handle other areas of loss and expenditure. So, they would potentially include lack of earnings, medication costs and physiotherapy treatment. Receipts and invoices would be recommended to justify each of these areas. Contact us if you have any queries about either general or special damages.
We have to also mention care as a factor for special damages. As part of special damages, you may be able to claim for care costs and costs of help around the home if you are unable to perform certain tasks yourself due to your injury. The cost of a carer or home help could be reimbursed to you as part of a successful personal injury claim. The costs you could claim back could include:
- Using a nurse or carer to help at home;
- Receiving gracious care from friends and relatives;
- Or hiring professionals to handle general chores in the house.
Complete our contact form if you want to discuss care claims in greater depth.
Mr Grimes, 45, worked as a chef in a top restaurant in the capital. He was a firm favourite amongst attendees for his friendly nature and his top-quality cooking. He had been a chef for as long as he could remember and always liked to be busy especially in the kitchen. However, an accident at work led him to take time away from the kitchen.
One night, Mr Grimes was busy at work cooking meals for customers. At one point, he didn’t realise that another member of the team had mopped the floor due to a spillage. Crucially, Mr Grimes’ colleague didn’t leave any signage or warn him of this. And this would spell disaster.
For when Mr Grimes headed towards the exit of the kitchen with several plates, he slipped on the wet floor. This caused him to fall forward and, upon landing, bash his left shinbone on the edge of one of the ovens (the food plates also dropped and smashed in the process). Mr Grimes was in great pain, and also in a state of shock by what happened. He went to stand up, but realised he couldn’t put weight on his left leg.
After an initial consultation with the first aid team, Mr Grimes headed to hospital to get checked out. There, he was informed that he had suffered a fractured left tibia.
Mr Grimes was greatly upset at the situation. How could his colleague have neglected to tell him, in a busy professional kitchen no less, that there was a slippery surface? Mr Grimes was also dismayed that this accident could potentially hinder his future potential employment. He did not like having to take time away from work. Leading a busy life usually, he could not get used to all the sitting around technically doing nothing. Mr Grimes knew that his customers missed him, and they were delighted when he did return to work.
Mr Grimes sought the advice of a law firm. He had lost out on earnings as he was not paid while he was off, also he was worried that future injuries would damage his leg further. Under the Health and Safety at Work etc. Act 1974 there had been a breach in the duty of care owed to him. So, Mr Grimes filed a claim against his employers. He would receive £16,000 as an out-of-court fractured tibia compensation payout. That comprised £11,110 in general damages along with £4,890 in special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Costs of being unable to work||£4,250|
|Medical Costs||Costs of medication/painkillers for his recovery||£100|
|Physiotherapy||Costs of physiotherapy treatment towards the end of his recovery||£500|
|Other Costs||Additional costs stemming from his injury||£40|
The case of Mr Grimes 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.
Rather than using a compensation calculator, we base our specialist estimate for you on the evidence you give to us. That means the extent of your injury and the impact it has had on your life. It would also be covering any unforeseen consequences, such as perhaps having to cancel a gym membership as you recover at home. So, avoid the guesswork stemming from an online personal injury claims calculator. Instead, speak to us, as our panel of personal injury solicitors could handle your case for a fractured tibia compensation settlement.
A No Win No Fee agreement allows you to work with a personal injury solicitor under far less financial strain. Allow us to explain …
- Under No Win No Fee, you don’t pay a personal injury solicitor’s legal costs initially or during the case;
- If your case wins, your solicitor takes a success fee, which is capped by law;
- But if your case loses, then you don’t pay anything to your solicitor
Use our Live Chat function below to find out more about working with a No Win No Fee solicitor.
Public Interest Lawyers can evaluate your case. If you have a strong case with successful merits we could connect you with a personal injury solicitor that works on a No Win No Fee basis. They have the knowledge, capabilities and experience to ensure your claim is filed correctly and promptly. They have a very successful track record of getting claimants the right amount of compensation for their claim. These solicitors are specialists in their field. And they have a fast turnaround to complement the aforementioned No Win No Fee agreements that they utilise. Talk to us about your case today.
To speak to us about claiming for fractured tibia compensation, you can use one of the following 3 methods:
- Telephone us by calling 0800 408 7825;
- Fill in the required online form;
- Or simply message us on our Live Chat.
Keep in mind you’re not obliged to pursue your claim after talking to us, and we’re accessible 24/7.
Click on any of the six links below to find out about the corresponding information in relation to claiming for fractured tibia compensation.
Article by AR