If you’ve suffered an injury, such as an avulsion fracture, you might be able to successfully make a personal injury claim. In order to do so, a third party must have caused your injury.
Furthermore, the person responsible will need to have owed you a duty of care. This guide will look at the different scenarios in which you’re owed a duty of care and how this can be breached.
In addition to this, we will look at what an avulsion fracture is and the kinds of symptoms that you might experience as a result. Furthermore, we’ll examine the typical treatment and recovery period for this kind of injury.
What Are Avulsion Fracture Injuries Worth?
You may have some additional questions about the claims process itself, including how much compensation you could be owed and the time limits that apply to claims of this nature. We’ll also address these issues, as well as taking a look at No Win No Fee agreements and how one may be beneficial to you.
Our advisors are available 24/7 and offer free legal advice, so if you have any questions or queries, like wanting to know if you’re eligible to claim, please contact them at a time that works for you. You can do so using the contact details below.
- Call us on 0800 073 8801
- Please email us the details of your injury using office@accidentclaims.co.uk.
- Write to us using the Live Chat service on the right-hand side of your screen.
- Contact us on our website.
To know more about how to claim for an avulsion fracture, please read on.
Select A Section
- A Guide On How Much You Could Claim For An Avulsion Fracture
- What Are Avulsion Fractures?
- How Could You Suffer An Avulsion Fracture?
- Signs And Symptoms Of An Avulsion Fracture
- Which Bones Could Suffer This Type Of Fracture?
- Correct Diagnosis And Treatment
- Negligent Fracture Care
- How Long Will It Take To Recover?
- What Could Special Damages Cover?
- What Is An Avulsion Fracture Injury Worth?
- Claim For An Avulsion Fracture With A No Win No Fee Agreement
- Talk To Our Team
- Learn More About Fracture Claims
- FAQs People Ask About Avulsion Fractures
A Guide On How Much You Could Claim For An Avulsion Fracture
Any kind of broken bone can have a real impact on your quality of life as you recover, and an avulsion fracture is no exception. These kinds of injuries can cause pain and discomfort and may impact the things you’re able to do until it heals.
In order to claim compensation, it’s not enough that you have been injured in a way that wasn’t your fault. You also need to be able to show that it happened because of someone else’s breach of duty of care. This means that you need to show that someone else was responsible for ensuring that you were safe and that their failure to do this caused you to be injured.
If you’re able to prove this, you may be able to make a successful claim. The process of claiming is the same regardless of what injury you’ve sustained, whether it’s an avulsion fracture to the pelvis or a broken kneecap.
If you have queries about making a claim, you can always contact our team for free legal advice. They are available around the clock and have years of experience regarding personal injury claims. You can contact them using the details above.
What Are Avulsion Fractures?
An avulsion fracture is when a small part of the bone attached to a tendon or ligament is pulled away from the main bone mass. The injury is painful, and it usually takes at least several weeks to heal fully.
If you’ve suffered an avulsion fracture to your foot, you may have mobility issues while the injury is healing. During this time, it can be difficult to use the part of your body that is injured. For this reason, an injury of this nature might stop you from being able to work or do the things you usually do.
How Could You Suffer An Avulsion Fracture?
An avulsion fracture will generally occur when the tendon is pulled in the opposite direction to the bone. For example, if you twist your foot then your tendon contracting could pull in the opposite direction to the bone on your foot, causing a piece of the bone to be pulled away from the main bone.
You could suffer this injury in many different instances. Whether or not you’re able to claim depends on the circumstances that caused the injury to happen. This is because third-party negligence needs to have caused the injury in order for you to make a successful claim.
Certain third parties have a duty of care to you. This means they have a legal requirement to ensure your safety as much as is reasonably practicable. Therefore, if you injure yourself in an accident that was caused by a breach of duty of care, you may be able to claim. To do so, you need to prove that they acted negligently. This breach would need to have led directly to your injury for the claim to be successful.
Examples of how a third party could breach their duty of care
Below, we have included some examples of situations in which you are owed a duty of care. We’ve also included some examples of how this duty of care could be breached, leading to an injury:
- Injuring yourself at work. For instance, you could injure yourself in a manual handling role when you’re asked to lift an object that is too heavy. As a result, you could suffer an avulsion fracture to the pelvis. Your employers have a duty of care to you outlined in The Health and Safety At Work etc. Act 1974. If they breach this and you are injured as a result, then you may be owed compensation.
- Being injured while on the road. You may be able to claim if another car crashed into your vehicle because, for instance, the other driver ignored a red light. Every road user in Britain has a duty of care to one another, and the things that they are expected to do are outlined in the Highway Code. If you’re injured as the result of another road user, you may be able to claim.
- Suffering an injury in a public place. You could suffer a slip, trip or fall, which could lead to an avulsion fracture to your lateral malleolus. If unsafe conditions caused this, you might be able to claim; for example, if the injury resulted from you slipping on a wet floor where no warning signs were put up. Every controller of public space has a duty of care to the members of the public using that space. This is outlined in the Occupiers’ Liability Act 1957.
For more information about the duty of care that you’re owed in certain circumstances, speak to a member of our team today. Otherwise, read on for more information on avulsion fractures.
Signs And Symptoms Of An Avulsion Fracture
Avulsion fracture symptoms can include:
- Swelling and bruising
- Limitation of movement
- Severe pain
- Further pain when attempting to move
Avulsion fractures can be very painful and may stop you from being able to do the things you usually do. The more painful the injury is, the higher the amount of compensation you could be awarded.
You should always refer to a medical professional to assess the injury. This is so the correct treatment plan can be implemented, resulting in your injury healing as quickly as possible.
Which Bones Could Suffer This Type Of Fracture?
The most common avulsion fractures tend to occur where large muscles attach to the joints. This is because the injury is caused by the tendon or ligament tearing part of the bone, resulting in the fracture.
This means that areas of the body where you’re most likely going to experience an avulsion fracture include:
Correct Diagnosis And Treatment
When you seek medical attention for your injuries, there are a number of different things that may be done in the course of diagnosing and treating your condition. Firstly, they will need to confirm the nature of your injury. This is usually done by performing an X-ray.
This will determine how far the fragment of bone has been pulled away by the muscle. As part of your treatment, you may be given some exercises to carry out which will strengthen the injured part of your body as it heals. However, you should always follow the advice of a medical professional with regard to healing from an injury of this nature.
In most cases, you won’t need surgery to repair an avulsion fracture. Surgery will only be required for this type of injury if the bone fragment has been pulled too far away from the bone for the injury to heal naturally.
If you have any questions or queries regarding your injury and making a personal injury claim, please contact our advisors for free legal advice using the contact details above. Otherwise, read on to find out more about
Negligent Fracture Care
As well as the duties of care that we have outlined earlier in this guide, you’re also owed a duty of care when you receive medical treatment. As part of this, you’re entitled to a minimum standard of care whenever you seek medical treatment.
If the care you receive falls below this standard, this is an example of medical negligence. And if you’re harmed as a result of negligent medical care, you may be entitled to claim compensation.
One of the ways that you could be harmed by medical negligence is if your fracture was misdiagnosed as the result of substandard medical care. This could result in your condition getting worse than it would have if you’d gotten the right standard of care because the correct treatment is not administered. As a result, you may be able to claim.
How is medical negligence determined?
It is important to note that not every instance of a condition being misdiagnosed will be the result of medical negligence. In some cases, a misdiagnosis could occur even when the doctor is administering care of an acceptable standard. For example, you may be exhibiting symptoms that are not typical of an avulsion fracture, meaning that your doctor could not be expected to make a diagnosis based on the information that they have.
In order to determine whether the medical professional was negligent or not, something called the Bolam Test will usually be administered. This is where a panel of the medical professional’s peers will be asked whether or not the level of care was of an acceptable standard. If they say it was not, then the medical expert may be considered negligent.
How Long Will It Take To Recover?
If you’re suffering from a standard avulsion fracture, it can take up to six weeks for the injury to heal. However, bruising and swelling could still be present for up to six months after the injury.
Furthermore, some avulsion fractures may need surgery in order to heal. If this is the case for your injury, it may make your recovery time longer. The longer your injury impacts you, the larger the compensation award you receive will generally be.
Our advisors can also give you a reliable estimate of the compensation you could receive. Give us a call using the phone number above for free legal advice.
What Could Special Damages Cover?
There are two potential heads of claim when making a personal injury claim:
- General damages relate to the decline in your quality of life caused by the physical pain and psychological damage caused by the injury.
- Special damages relate to the financial losses caused by the injury.
The value of the special damages you could claim will depend on the extent to which you were financially affected by the injury directly. For example, you may be able to claim back:
- Loss of earnings
- Loss of future earnings
- Travel costs (for example, to and from medical appointments)
- Costs of prescriptions, medicine and treatment that you cannot get for free
- Care costs, such as needing a care bed or a nurse
- Recreational activities that you’re no longer able to attend
However, please bear in mind that when claiming special damages, you will need evidence to prove the financial losses you’re looking to claim. This can be in the form of receipts, invoices and bank statements. If you’re unable to prove sufficient evidence, your claim for special damages may not be successful.
What Is An Avulsion Fracture Injury Worth?
The answer to the question, “what is an injury to your foot, such as an avulsion fracture, worth?” depends on the severity of the injury and how badly it’s affected your life. General damages also accommodate for the psychological effects of an injury.
Work done by the Judicial College can give you a better idea of what you could receive. They examine previous payouts for general damages caused by injuries, like an avulsion fracture of the knee, based on severity and how negatively the injury has impacted the victim. Due to this work, they’ve been able to build guideline compensation brackets for different types of injuries.
Below is a list of injuries and their respective compensation brackets. The Judicial College has provided these figures.
| Area of Injury | Amount of Compensation | Description |
|---|---|---|
| Finger | Up to £34,480 | This bracket is for severe finger fractures, potentially leading to partial amputations, causing deformity, grip impairment and lowered mechancial function. |
| Finger | £8,550 to £11,480 | This bracket is for an index finger fracture where a fracture has quickly mended but symptoms like impaired grip and osteoarthritis could persist. |
| Ankle | £12,900 to £24,950 | Moderate. This bracket includes injuries such as ligamentous tears and fractures leading to less serious disabilities such as difficulty walking on uneven ground and residual scarring. |
| Ankle | Up to £12,900 | Modest. This bracket is for the less serious ankle injuries such as undisplaced or minor fractures, sprains and ligamentous injuries. |
| Foot | £12,900 to £23,460 | Moderate. Injuries in this bracket include displaced metatarsal fractures resulting in permanent deformity and continuous symptoms, including being at risk of long-term osteoarthritis. |
| Foot | Up to £12,900 | Modest. Injuries in this bracket include ruptured ligaments, simple metatarsal fractures and puncture wounds. |
| Injuries to the Pelvis and Hips | £24,950 to £36,770 | Moderate (i) This bracket is for significant injuries to the hip or pelvis but any permanent disability is not major. |
| Injuries to the Pelvis and Hips | £11,820 to £24,950 | Moderate (ii) This injury can lead to needing a hip replacement or other surgery. |
| Knee | £24,580 to £40,770 | Severe (iii) This bracket is for injuries that cause less severe disabilities, potentially resulting in continuing discomfort, pain and limiting movement. |
| Knee | £13,920 to £24,580 | Moderate (i) Injuries in this bracket include torn cartilage, dislocation or meniscus causing minor instability, weakness or weakness. |
If you’d like a compensation estimate that specifically relates to your injury, like an avulsion fracture to your lateral malleolus, please get in touch. Our advisors offer free legal advice and use a personal injury claims calculator over the phone with you to give you as accurate an estimate as possible. They’re available 24/7 and are more than happy to help at any time that works for you.
Claim For An Avulsion Fracture With A No Win No Fee Agreement
You may be wondering, “what are the benefits of using a No Win No Fee personal injury lawyer for my ankle avulsion fracture?” The benefits are:
- You won’t need to pay for legal fees either upfront or during the process of the claim.
- If for whatever reason, your personal injury claim for an avulsion fracture is not successful, they will not request legal fees from you.
- Instead, they will take a small, legally capped portion of your compensation as payment for your legal fees.
Because of this, you don’t have to worry about paying legal fees if your claim is unsuccessful when using a solicitor from our panel on a No Win No Fee basis.
It’s important to note that you generally need to begin a claim within three years of the incident or three years from the date you became aware that negligence caused your injury. The latter option is more for injuries or illnesses that you might not be aware of until a while after the damage was caused. This is clarified in the Limitation Act 1980.
However, there are some exceptions to this time limit. For more information about when these apply, please get in touch with a member of our team today.
Talk To Our Team
Contact us if you want to use a personal injury solicitor on a No Win No Fee basis. Our advisors have years of experience dealing with personal injury claims and can provide you with a reliable estimate over the phone. They’re also available to answer any claims queries you might have. They can be contacted 24/7 and can connect you with a personal injury lawyer in just a few minutes.
To get in touch, simply:
- Call us on 0800 073 8801
- Email us the details of your injury using office@accidentclaims.co.uk.
- Write to us using the Live Chat service on the right-hand side of your screen.
- Contact us on our website
Learn More About Fracture Claims
For more useful information, please click on the links below.
The NHS ankle avulsion fracture guidance can be found here.
NHS Resolution is responsible for dealing with medical negligence claims against the NHS; visit their webpage for more information.
Do you feel like you might have suffered a broken bone? If so, visit this page for guidance.
If you’ve suffered a broken ankle and want to see if you can claim, visit our website.
Have you sustained a broken elbow? If so, and you want to know if you can claim, read our guide.
To see if you can claim for a hip injury, visit the relevant page on our website.
FAQs People Ask About Avulsion Fractures
For answers to frequently asked questions about suffering from an avulsion fracture, please see below.
What is the fastest way to heal an avulsion fracture?
As we’re not medically trained, we cannot include medical advice in this guide and would recommend that you seek medical attention for advice on recovery. If you would like free legal advice
Are avulsion fractures painful?
Yes, avulsion fractures can be painful. They can also cause swelling and can limit the movement in the affected limb.
Can I walk on an avulsion fracture?
You may be able to walk if you’ve experienced this kind of injury. However, you should always refer to medical professionals to clarify the extent of your injury and the relevant treatment plan.
Thank you for reading our guide looking at claiming compensation for an avulsion fracture.
Guide by DUR
Checked by STO