Fractures claims

Fractures occur for a variety of reasons. They are a common type of injury which can range from mild through to serious, and it is the serious fracture which causes a whole range of problems.

We tend to assume that a fracture such as broken arm is a minor inconvenience which we will recover from within a short period of time and without any ill effects. Whilst that is true in some cases there are situations where the fracture is serious enough to have a traumatic effect on both the injured person and their family.

Fractures tend to be more serious in the elderly than younger people.

Fractures

The medical name for broken bones, fractures are said to occur when extreme pressure is applied to a bone which causes it to break. This can be caused by blunt force trauma, an accident, bone cancer or a medical condition such as osteoporosis.

Fractures are categorised as:

• Closed fracture
• Open fracture

Closed fracture

A closed fracture is the simpler of the two. It means a clean break in the bone, e.g. tibia in which the bone is broken but does not protrude through the skin.

Open fracture

This is often known as a compound fracture: it is serious type of break in that the bone is forced through the skin which increases the risk of an infection.

If you have sustained either of these two fractures during an accident which was not your fault then you may be entitled to compensation.

Common types of fracture claims

A claim can be made for any type of serious fracture but the most common ones include:

• Fractured leg
• Fractured arm
• Fractured skull

A serious fracture in any of these parts of the body has a dramatic effect upon your quality of life.

Effects of a serious fracture

There is the pain and discomfort caused by the fracture which is distressing in itself. But, there are other factors involved here which include a temporary loss of independence and financial difficulties caused by your incapacity.

A serious fracture requires surgery to repair it followed by a lengthy recovery period. This means time off work which affects your earnings and family income as a whole. It also means a drop in your standard of living which is upsetting for all concerned.

A serious fracture in an elderly person means an increased risk of health problems such as pneumonia or an infection. Older people also take longer to recover than younger people and will require a greater degree of care and rehabilitation.

Plus there is the issue of loss of independence. This is particularly upsetting for many elderly people who fear losing their independence and having to go into a care home instead.

There is limited help available from the State but this may not suit your particular needs or circumstances.

What you need is help and support to enable you to return to your previous state of health or if this is not possible, an improvement on what you have now.

Compensation can cover the costs of any treatment, rehabilitation or specialist care/support that you need to aid with your recovery.

Making a claim for compensation for a serious fracture

Choose a personal injury law firm or solicitor who understands the issues surrounding this type of claim. He or she should have knowledge and expertise in regard to claims for a serious fracture and will help and guide you through the claims process.

They should also handle your claim with discretion and understanding and the highest professionalism.

The lawyer or solicitor will conduct an initial review of your claim to see if there are sufficient grounds (evidence) for making a claim and if negligence was a factor.

Compensation claims rest upon their being evidence to show that an injury occurred due to negligence or lack of care on the part of someone else. If there is evidence to show this and you are not responsible in any way for your injury then you have a greater chance of success.

For more information about the claims process, visit our making a claim for compensation section.

Time limit for claiming compensation for a serious fracture

Compensation claims for personal injury usually have a 3 year time limit which runs from the date of the accident.

But there are exceptions to this.

You must make a claim for compensation within these strict time limits so confirm this with your lawyer or solicitor.