In this guide,we will explain how to make a compensation claim for a fractured hip. We look specifically at an example case study which saw a claimant achieve £60,000 compensation for a fractured hip. If your injury was the result of an accident at work, in a public place or as the result of a road traffic accident (RTA) that wasn’t your fault, contact our friendly team today on 0800 408 7825 for no-obligation personal injury advice.
Our panel of No Win No Fee solicitors successfully handle thousands of cases which are all over the country. In this guide, we discuss step by step what’s needed to make a successful claim for an injury that involves a fractured hip.
We look at the different types of damages and how to correctly establish whether your potential case is valid. We look at a case study, which is intended purely as an example to demonstrate how the process could work for you. If at any point through the guide you have a question, our team are on hand 24/7 to take your call, or you can drop us a line here.
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With the right advice from a No Win No Fee lawyer, it’s possible to calculate much greater compensation for your fractured hip injury than you may have thought. We explain the differences between general and special damages, how to establish who had the ‘duty of care’ to prevent your accident from happening and what evidence you will need to support your claim.
Our case study breaks down just exactly what can form part of your claim, in this instance involving a road traffic accident, and we provide all the relevant links to further reading to help you in your decision to claim. We show you what to look out for when choosing a No Win No Fee solicitor for your injury claim and that location of your solicitor should no longer be an issue.
If your fractured hip was a result of someone else’s negligence at work, in public or on the roads in an RTA, contact us today to discuss whether you have the basis for a compensation claim.
Hip fractures occur when the top of the thigh bone known as the Femur cracks or breaks. Elderly people are especially prone to this type of injury, although given the right circumstances it can happen to anyone in a multitude of scenarios. The NHS website gives detailed information about the cause and prognosis here.
When you consider making an injury claim for your fractured hip, there are three main points to consider:
- Who had the ‘duty of care’ to protect your personal safety? Your employer? The local authority? Or another road user?
- Was that care breached by their negligence? Did your accident happen as a result of their omission, incompetence or neglect of legislation?
- Did you suffer consequent injuries? The ‘But For’ question is useful to ask But for the unattended spillage, the reckless driving or the broken pavement, would I have had this accident?
The laws that protect our safety at work are very clear and can be read in detail here, as can further information regarding the types of accidents at work that could qualify your claim against an employer. ‘Reportable incidences’ is a useful resource to consult. Don’t hesitate to speak to our friendly team for help if you have any questions.
Those in control of public spaces (this includes parks and open spaces) have a duty of care under The Occupiers’ Liability Act 1957 to similarly ensure that everything possible is being done in the places they operate to protect you from injury or exposure to harm. The council, local authority and private operators would be the ones liable here.
On the roads, our safety is protected by The Highway Code which clearly outlines a duty of care to all other road users. Drivers have a responsibility to show reasonable care to avoid harming others, including cyclists and pedestrians. The standard of care expected is across the board, irrespective of age or experience and no allowance is made for new or learner drivers. Road users should also anticipate that other persons on the highway may not show this requisite standard of care and skill and act accordingly.
A fractured hip is an instantly debilitating accident, impacting the person’s ability to stand, walk, lie down or sit. Rendering every movement painful, a serious break in this part of the body would have life-altering implications for at least several months.
Always requiring a hospital stay, it can be possible to move slowly after two or three weeks depending on fitness. Often the best treatment is replacement surgery, with the requirement for MRI scans, physiotherapy and extensive rehabilitation. Fractured hip injuries also carry a higher risk of complications such as bedsores, blood clots and infection.
The financial implications of such an accident would be profound. Your ability to work at even a sedentary job would be halted immediately and caring for yourself in even the most basic manner would be drastically disrupted.
According to the Judicial College Guidelines, awards for a seriously fractured hip with long term repercussions can be as high as between £36,770 – £49,270 but using special damages it’s possible to add to this extensively. Loss of earnings, carer costs, travel expenses, rehabilitation costs and modifications such as wheelchairs and crutches can all boost your compensation claim, giving you the financial breathing space to heal properly.
It’s possible to fracture the hip in several different places but the femoral neck is the most common. This typically happens due to a heavy impact against the side of the leg and can result from any of the following:
- Slipping and falling badly
- Tripping and landing awkwardly
- Being hit by another vehicle, or as a pedestrian
- Being thrown to the ground by another person
- Being knocked from your bike
- Falling from a height
Accidents such as these are incredibly common and the government statistics here paint a startling picture of the sheer volume of injuries that happen every year in the workplace. For further reading about how to identify and avoid injuries in the workplace or elsewhere, click here.
The key point to remember when making a compensation claim for your hip fracture is to properly identify who was responsible for it if anyone. If you’re certain someone else’s negligence created or contributed to your injuries, call our advisors today.
It’s almost certain that after a serious hip fracture, you would be required to stay in the hospital for a day or two, perhaps longer depending on your age and fitness level or whether you need surgery. After you are released, it may not be possible to rely on the goodwill and support of family or friends, who have their jobs and lives to attend to. Care of this kind is called ‘gracious care’ and if possible can be paid for at an hourly rate and claimed back as part of special damages if you have a successful claim.
If you require the services of a professional carer to assist with shopping, cleaning, personal care and cooking, these costs can be reimbursed to you as part of your compensation package. Running at nearly £1,600 a week, these costs can be formidable and it’s important to retain all receipts and invoices as part of your claim. Without them, it’s very difficult to force the defendant to pay them.
A crucial part of your compensation claim will hinge on an independent medical assessment being completed. This is your opportunity to have a medical professional confirm that your injury was a result of the accident, not the result of a long-standing or previous medical condition, and to provide you with a long-term prognosis. The results of this examination can form crucial evidence to underpin your claim and boost your compensation award.
When calculating potential compensation amounts for a such a thing like a fractured hip injury due to an accident at work, in public or on the roads, your No Win No Fee lawyer will look at two types of damages.
- General damages – these are awarded regarding the Judicial College Guidelines and cover various degrees of severity for such a whole catalogue of injuries. Pain and suffering are accounted for here also.
- Special damages – incorporate all the various financial implications a serious hip injury can create. Loss of earnings, personal care, travel expenses, and any future losses can be accounted for under this heading. Rehabilitation, physiotherapy, counselling and modifications to your home could be included.
Mr Frank was six months away from retirement from a 30-year long career as a security worker. He was driving home from work where he manages security in a busy shopping centre. As he approached the junction the light turned to green and he proceeded ahead. A car from the adjacent side which should have stopped when the lights changed picked up speed hitting Mr Frank’s car in the side.
The impact was sufficient enough to break the neck of the femur bone in two places. Mr Frank was completely trapped inside the car. He had to be cut out by emergency services. Mr Frank was taken straight to hospital as his leg and foot had gone numb. Surgery was carried out almost immediately before major issues concerning circulation became a problem. The two weeks stay in hospital was very upsetting for Mr Frank. He had always been healthy and fit, now he was unable to do even do the most minor tasks for himself.
Now, because of this careless accident, Frank was unable to work and required round the clock care to attend to the most basic tasks.
After consulting with a No Win No Fee solicitor, he decided to seek compensation for his injuries. He had sufficient proof of the accident, although the driver tried to deny blame, as at the scene medics validated Mr Frank’s injuries as being caused by a side-impact collision. The case was eventually awarded in Mr Frank’s favour and he was awarded over £60,000 in general and special damages.
It’s important to remember that the case of Mr Frank is just a typical example of what our panel of personal injury solicitors handle all the time, it shows the potential to value and how to maximise your compensation.
When you speak to one of our team, they could help you accurately calculate both general and special damages. The compensation breakdown would look like this:
General damages Special damages
Fractured Hip £48,000 Mr Frank's loss of earnings for 6 months totalled - £9,000
Professional carer - help with domestic needs - £2,000
Use of a wheelchair and special travel arrangements after hospital stay - £500
Medications and adaptations to home - £500
Physiotherapy and rehabilitation treatment - £750
There are many benefits to using a No Win No Fee solicitor.
- No fees to pay upfront
- Nothing to pay while the claim is on-going
- In-depth legal knowledge to obtain the best results
- The solicitor’s success fee is capped and deductible only after damages have been paid
- Useful advice about retaining evidence and proof of expenses
- Peace of mind knowing a solicitor is working for your best interests
For a no-obligation, consultation, why not contact our team today?. You can also speak to our ‘live support’ team who are available 24/7 to discuss the most appropriate way for you to claim damages for your broken hip, whether it was at work, in a public place or as the victim of a road traffic accident.
Thanks to the internet, the exact location of a personal injury lawyer is no longer relevant, however, internet searches can produce a confusing amount of No Win No Fee firms offering ‘instant compensation’ calculators.
These instant quotes may not take into account the subtle details of your case, so how do you find the right personal injury lawyer? It’s important to consider the following in your search for the right one:
- How much was the client awarded?
- How quickly did it take for the solicitors to settle the case?
- Was the communication good?
- Are they a successful company? Do they win compensation regularly?
Simply clicking here can connect you to our advisors who can assess your case for free and then connect you with specialist personal injury solicitors.
Thank you for reading our guide. We hope that it’s been informative and helpful in your search for how to approach a claim for a broken hip or fractured femur and sets out the advantages of using a No Win No Fee solicitor to recover the right amount of compensation. For free, legal advice and support, with no obligation to proceed,
Call our friendly team on 0800 408 7825 to discuss your case today.
Or you can talk to our ‘live support’ team on-line by clicking here.
Article by EA