This is a case study where we will examine and illustrate the process of making a common type of personal injury claim which we help people, namely that of compensation for a fractured leg. Broken or fractures bones are a common type of injury that our solicitors help people to claim compensation for. Whilst the case is a case study is a case our marketing team has researched as a good example, it does show a typical form of accident, injury, and resolution to the case. In this case study all names have either been changed or removed to protect people’s privacy.
In this case the claimant was a woman of 88 years of age. Her injury happened a year prior to the claim whilst stepping onto a bus. The claimant experienced a fall which caused her to suffer a fractured leg, as well as a fracture to her hip. As with most personal injury claim, this case was resolved without the need to go to court. The damages awarded were based on her fractured or broken bones, and for the loss of amenity she experience as well as future costs of travel and any care needed. As with this case, it is common for the final amount of compensation you are awarded to be made up of several elements.
Accident Claims UK have excellent personal injury solicitors who are experienced in helping people affected by a variety of different injury types caused in many different ways. If you have any other questions related to making a personal injury claim after reading this case study we have included several excellent resources at the bottom of this page. You can also call our team for further information or to start a compensation claim.
For more information on this case study, please read below.
How Common Are Falls Among The Elderly
According to information found in this explanatory guide to injuries in the elderly from the Royal Society for the Prevention of Accidents, falls are the most common type of accident causing injury in the elderly. A third of people aged 65 and over suffer injuries due to a fall. This rises to over 40% in people over the age of 80. Whilst we are primarily looking at the fractured leg, hip fractures (as also suffered in this case) are one of the most common injuries from a fall in those aged 50 or over. In the elderly such falls can prove fatal and in England and Wales 3,500 people die each year as a result of injuries caused by a fall. You can find further information from the ROSPA about falls and other injuries in the elderly here. According to statistics from the government, falls cost the country as much as £4.4 billion.
Broken and fractured bones are one of the most common ways in which people are injured so claiming compensation for a broken leg is a common type of claim for our solicitors to handle.
Details Of The Claimants Fractured Leg Injury
In this case the defendant was the company operating the bus service. The claimant was approximately 87 years old at the time of the accident and injury. The claimant suffered a fractured or broken bone by falling backwards from the bus entrance onto the nearby pavement. Whilst she was boarding, the bus driver activated the doors to close them. This caused the elderly woman to fall.
The woman was not able to stand back up after the fall and as such was taken by ambulance to her local hospital. Initially, the claimant was diagnosed as having a fractured hip as well as some overall bruising. However upon subsequent investigation and X-rays it was also confirmed that the woman had a fractured leg. The claimant needed surgery to implant a metal plate and pins into her fractured or broken bones. Following hospital treatment, she then needed five months of physiotherapy. As well as suffering a much reduced ability to walk, the claimant also had to use walking sticks. When getting around. She was left with a 14cm surgical scar on the hip, and the leg which was fractured was 2cm shorter after the accident and treatment.
Prior to suffering these injuries, the claimant had an independent lifestyle and was able to live, shop, and clean her home by herself. After the fractures she needed a lot of help around the home and lost her independence. For an initial period of some months she needed people to help her get out and about and was not able to travel by public transport during this time. This was caused in large part by her loss of mobility. She suffered emotional stress and a loss of confidence. Her doctors felt that whilst she would have needed this level of care in the future as a natural result of aging, this was accelerated by 3 to 5 years as a result of the injury.
You can find further information about falls in the elderly and broken legs in the NHS links at the bottom of this page.
What Was Alleged Against The Defendant And How Was Liability Established
When seeking compensation for a fractured leg, solicitors acting on behalf of the claimant alleged that the driver of the bus did not leave sufficient time between opening and closing the bus doors for the claimant to get on the bus. The claim alleged that the injuries suffered were directly caused by the door closing and that the driver had not paid due care and attention to the claimant.
The claim acknowledged that the claimant would have needed assistance in the future, but that this requirement had been brought forward by three to five years. It also detailed both the physical and psychological effects that the claimant had suffered, such as not enjoying life as much as she did before. Solicitors acting for her sought a settlement which was in line with personal injury compensation guidelines produced by the Judicial College.
Concluding This Case And The Compensation Settlement Received
In most cases personal injury compensation levels are set by the Judicial College with solicitors acting for the defendant and claimant following these guidelines in determining how much compensation to seek or to agree to. The case did not need to go to court as the defendant admitted their liability. Subsequently an out of court settlement was negotiated. The claimant accepted a total of £42,000 inn compensation.
This was made of the following elements;
- General Damages: For her pain, suffering, and for her loss of amenity (her reduced ability to be independent) she was awarded £23,500.
- Special Damages: for past and projected future costs such as travel and help around the home or other care, she was awarded £18,500.
This award was consistent with compensation guidelines for personal injury claims.
No Win No Fee Claims For A Broken Or Fractured Leg
We are happy to be able to offer the claimants we help the ability to use our solicitors through a no win no fee agreement. This type of contract is also sometimes known as a conditional fee agreement or a ‘CFA’. No matter what you are used to calling this, it all refers to the same thing. No win no fee claims are a way for people to take legal action where otherwise they may not have been able to. As a claimant you can use an expert no win no fee solicitor without having to pay for anything. The agreement with your solicitor will state that if you do not get paid any compensation, neither will your solicitor be paid for their services. This removes any financial considerations, pressures, or barriers which could have otherwise deterred you from making a claim. We should note that there are times when a solicitor may not be able to offer you a no win no fee agreement, though in most cases where you have a valid claim we will be able to do so. In order to offer you this type of agreement we will need to discuss the circumstances leading to your accident and injury with you.
Contact Our Team Today
To claim compensation for a broken leg or to find out how much broken leg compensation payouts are on average, talk to the team at Accident Claims UK today. No matter what your injury was, or what caused it, if someone else was at fault, you could make a compensation claim with us. Call us today on 0800 073 8801. Our claims line is open seven days a week, twenty four hours a day. You can also use the contact form at the top of the page to request a call back. Or you could send us details of your accident and injury to us by email at email@example.com.
NHS Advice On Broken Legs
Find out more about what happens when you break or fracture a leg in this guide from the NHS.
NHS Information On Falls
Falls can happen to people of all ages but tend to happen more to the elderly. Find out more about the causes of falls, and what to do if you have a fall in this NHS guide.
Slip, Trip, And Fall Claims
Have you suffered a slip or fall which led to you becoming injured? If the fall was caused by someone else in any way you could be able to claim compensation for your injuries. Find out how much broken leg compensation payouts are in this guide.