By Jo Anderson. Last Updated 2nd February 2023. If you have been involved in an accident due to a relevant third party breaching their duty of care, and this caused you to suffer a broken bone, such as a broken arm, a compensation claim could be made.
Within this guide, we will discuss the various situations where you are owed a duty of care, and how a breach of this duty could cause you to suffer a broken bone. We will also explain in further detail the specific eligibility criteria you must meet to be able to make a personal injury claim. This guide also provides guidance on the types of evidence that could be used to support your case, and how one of our No Win No Fee solicitors could assist you with gathering it.
If you have any questions regarding broken bone compensation amounts after finishing this guide, you can contact our friendly team of advisors. They can also provide you with free advice for your potential claim. To connect with an advisor, you can:
Choose a section:
- How Much Compensation For Fractured Or Broken Bone Claims?
- Can I Claim For An Accident That Fractured A Bone?
- How Could A Fractured Bone Injury Occur?
- Time Limits For Fractured Bone Injury Claims
- Evidence To Support Broken Bone Claims
- No Win No Fee Broken Bone Claims
- Helpful Links Relating To Broken Bone Claims
Broken bone compensation amounts for successful claims can vary significantly between cases. This is because the specific factors of each case is taken into consideration when compensation is being calculated. However, settlements for successful claims could result in general and special damages.
General damages is the head of claim that compensates you for suffering, pain and loss of amenity your injuries have caused you. Those calculating general damages for broken bone claims could refer to a publication known as the Judicial College Guidelines (JCG). The JCG provides compensation guidelines for a variety of injuries at different severities. Below, you can see some figures from the 2022 release of this publication. However, these figures should only be used as a guide. Please also note that the first line of the table is not from the JCG, and is purely illustrative.
|The reason you are claiming compensation
|The typical payout amount for this
|Some extra comments
|Multiple serious injuries with financial costs and losses included.
|Up to £200,000 +
|A multitude of serious broken bones with associated financial expenses such as care costs and loss of earnings.
|Severe leg injuries (b) (i)
|£96,250 to £135,920
|Injuries that are so severe, that although amputation is not involved, the damages are awarded are similar. This includes extensive degloving, fractures that haven’t united along with bone grafting and leg shortening injuries.
|Severe injury to hips and pelvis (i)
|£78,400 to £130,930
|Extensive fractures, representing the highest payout, include those that result in a hip injury, ruptured bladder, or a low back joint.
|Severe neck fracture (ii)
|£65,740 to £130,930
|The payout you will receive depends on how severe your spinal / neck fracture is.
|Severe fractured foot (d)
|£41,970 to £70,030
|The highest payout is for severe injuries, including fractures of both heels.
|Very severe ankle injuries (a)
|£50,060 to £69,700
|The more severe ankle injuries include the likes of transmalleolar fractures.
|Hand injuries (f) – severe finger fractures.
|Up to £36,740
|Partial amputations may be required. This may also result in disturbed sensation, reduced mechanical function, impairment of grip, and/or deformity.
|Skeletal injuries – multiple fractures to the facial bones
|£14,900 to £23,950
|The person will experience a degree of facial deformity of a permanent nature.
|Skeletal injuries (c) Fractured nose (i)
|£10,640 to £23,130
|Multiple or serious fractures that results in permanent damage and/or requires a number of operations.
|Other arm injuries (d)
|£6,610 to £19,200
|A simple fracture of the forearm.
To be able to make a personal injury claim for fracture compensation, you will need to meet the relevant eligibility criteria. This is:
- You were owed a duty of care by a relevant third party.
- This duty of care was breached.
- You suffered harm due to this breach.
There are many relevant parties who owe you a duty of care. This includes:
- An employer – Under the Health and Safety at Work etc. Act 1974, they have a duty of care to take reasonable and practicable measures to ensure their employee’s health and safety.
- An occupier – A party in control of a public place has a duty of care to take steps to ensure the reasonable safety of those using the place for its intended purpose, as outlined in the Occupiers’ Liability Act 1957.
- A road user – Those using the roads have a duty of care to use the roads in a manner that avoids causing harm to others and themselves. To uphold this duty, they must adhere to the rules and regulations set out for them in the Road Traffic Act 1988 and the Highway Code.
If you can prove that your broken bone was caused by a relevant third party breaching their duty of care, you may be able to make a personal injury claim.
If you would like to check your eligibility to make a broken bone injury compensation claim, please contact an advisor.
There are several ways in which a broken bone injury could occur. Typical causes of broken bones can include road traffic accidents, accidents at work and accidents in public places. Some examples could include:
- A vehicle driving dangerously knocked you off your motorbike, causing you to hit the road with enough force to break your leg.
- You tripped over a trailing wire at work and fell onto your wrist, breaking the bone.
- You fell from an unsafe scaffold on a construction site and broke your leg.
- There was inadequate lighting in the stairwell at work, causing you to fall down the stairs and fracture your back.
- You slipped on an unmarked spillage in a supermarket, breaking your knee.
These are just a few examples of the types of accidents that could lead to a broken bone. However, not all fractures lead to broken bone claims. As mentioned, you would need to be able to prove that a relevant third-party breached their duty of care towards you, and this caused the accident in which you were injured.
To check your eligibility to make a broken bone claim, please contact an advisor.
If you suffered a bone fracture due to a third party’s negligence and would like to claim, you must do so within the limitation period. The Limitation Act 1980 will typically give claimants three years from the date of the accident that caused their fractured arm to start the legal process.
However, certain circumstances suspend the time limit. These include:
- Children under the age of 18 can’t start their own claim. However, a litigation friend could be appointed at any point while the limitation period is suspended to start proceedings on their behalf. If a claim is not started, the time limit ceases to be suspended on their 18th birthday. This gives them three years from that date to begin proceedings.
- Those who lack the mental capacity to begin legal proceedings have the limitation period suspended indefinitely. As with children, a litigation friend can start a claim on their behalf at any time. However, if the injured party regains capacity, then they have three years from that date to start a claim.
Call our advisors if a third party’s negligence resulted in your arm fracture. If your claim seems like it has a reasonable chance of success, they could help you get it started right away.
To be eligible to make a personal injury claim for a broken bone, you will need to prove that negligence occurred. Collecting evidence could help support your claim, as it could prove who was liable for the accident and the injury you suffered.
Some examples of evidence that could be used in broken bone claims include:
- Video footage of the accident, such as CCTV or dashcam footage.
- Photographs of the accident scene.
- The contact details of any witnesses to the accident so that they can provide a statement at a later date.
- Medical records stating the type of injury you suffered and the treatment required.
If you decide to work with a solicitor for your claim, they could help you with gathering evidence to help support your chances of receiving a settlement for your broken bones.
Contact our advisors today to see whether you could be eligible to work with one of our solicitors. They could also provide you with some examples of guideline broken bone compensation amounts.
If you decide to claim broken arm compensation, you could hire a No Win No Fee solicitor to support your claim. Your broken bone claim solicitor could offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
When you fund a solicitor in this way, you will not generally be asked to cover an upfront solicitors fee. If your broken arm compensation claim is successful, a success fee will be taken from your broken bone in a car accident settlement. This will be subject to a legal cap. However, when a claim is not successful, you’re not required to pay your solicitor.
Our advisors can discuss the average settlement for a broken arm in the UK. They can also discuss the various other factors in broken bone claims, including what goes into a broken bone claim and the average settlement for a broken jaw. If it sounds like your claim might have a good chance of success, you could be connected to our solicitors.
To get in touch about broken bone claims:
Additional Accident Claims guides:
- Rib Injury Claims Guide
- A Guide to Forklift Truck Accident Claims
- Claiming Compensation for Accidents in a Public Place
- Who is Responsible for Recording Injuries at Work?
- Spinal Injury Compensation
Links that might prove helpful:
If you have any other queries, such as about the average settlement for a broken arm in the UK call our advisors.