England & Wales
Solicitors for Broken Bones and Fracture Claims
A fracture is not always a short term problem. Bones that do not heal cleanly, joints that are affected, or injuries that need several operations can leave lasting pain and restriction. Our personal injury solicitors and lawyers act for people who have suffered fractures across England and Wales.
Fracture claims are usually among the more straightforward personal injury claims to establish, because the injury is visible on imaging. The work tends to lie in the medical evidence about how well the bone has healed and what the long term position is.
Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales
Can I claim compensation for a broken bone or fracture?
Yes, if the fracture was caused by someone else's negligence. Fracture claims can be brought wherever another person, employer or organisation failed to take reasonable care and that failure caused the harm. Because a fracture is visible on imaging and usually documented at the time, establishing the injury itself is often straightforward. The value of the claim turns on how the bone has healed, whether the joint is affected, and what the injury has cost in lost earnings and other losses.
Fractures are described in several ways, and the description matters for the claim. A simple or closed fracture is one where the bone breaks without the skin being pierced. A compound or open fracture involves the bone breaking through the skin, which carries a risk of infection and usually needs more treatment. A comminuted fracture is one where the bone is broken into several pieces.
The long term outcome is what most affects the value of a claim. A fracture that heals fully within a few months is worth less than one that leaves permanent stiffness, arthritis in the joint, or a limb that is shorter or misaligned. That is why a fracture claim often needs an updated medical report some months after the injury, once the healing has progressed.
Key takeaways
- Injury Law Specialists provides access to solicitors and lawyers handling broken bone and fracture claims throughout England and Wales.
- Compensation has two parts: general damages for the injury itself, and special damages for the financial losses it caused.
- Most personal injury claims in England and Wales are subject to a three year limitation period.
- No Win No Fee may be available, subject to an assessment of the case and the funding terms.
- Legal services are provided by MB Solicitors, trading name of MB Legal Solicitors Ltd, regulated by the SRA under SRA ID 8000764.
Types of fracture
The way a fracture is described tells you something about the treatment likely to be needed and the risk of long term consequences. Where a fracture involves a joint, the risk of post traumatic arthritis later is a recognised consideration in valuing the claim.
Where a fracture requires surgical fixation, the metalwork is often removed in a second operation, which means a further period of recovery and time off work. Both the additional surgery and the additional recovery period form part of the claim.
Simple or closed fractures
The bone breaks without the skin being pierced. Typically treated with a cast or splint, and most heal without lasting problems.
Compound or open fractures
The bone breaks through the skin. These carry a risk of infection and usually need surgery, and the recovery is generally longer.
Comminuted fractures
The bone is broken into several pieces. These usually need surgical fixation and are more likely to leave lasting restriction.
Fractures involving joints
Where the break extends into a joint, there is a recognised longer term risk of arthritis, and the claim should account for it.
Multiple fractures
Where several bones are broken, often in the same accident. The combined effect is greater than any single fracture, and the claim reflects that.
Fractures requiring surgical fixation
Where plates, screws, pins or rods are used, and where removal requires a second operation and a further recovery period.
What evidence these claims need
The injury itself is usually easy to establish, because fractures appear on X-rays and are recorded in hospital notes. The evidence that matters more is about the outcome: whether the bone has healed, whether there is any deformity or loss of function, and what the prognosis is.
Where the fracture affected the ability to work, evidence about the job and the lost earnings is needed. Where the injury has left a permanent restriction, particularly in a hand, arm, leg or foot, that has a direct effect on earning capacity that the claim should reflect.
Evidence we look for
- Hospital records, discharge summary and operation notes
- X-rays, CT scans and any other imaging
- The fracture clinic records showing the healing progress
- A medical report on the outcome and prognosis
- Evidence of any further surgery required
- Records of lost earnings and time off work
- Photographs of scarring from any surgery
- A note of any lasting restriction in daily tasks
What compensation can include
Compensation is built from the injury itself and from the financial consequences it has caused. Both have to be evidenced, and what is recoverable depends on your own circumstances.
Pain, suffering and loss of amenity
General damages for the injury itself and the effect it has on your life, including the activities, work and everyday tasks you can no longer manage as before.
Loss of earnings
Pay lost while you were recovering, and where the injury affects your ability to work in future, the difference between what you would have earned and what you can now earn.
Medical and treatment costs
Treatment you have paid for, physiotherapy, prescriptions and private care, along with the cost of treatment you are likely to need in future.
Care and assistance
Help with household tasks, childcare, gardening and personal care while you recover, whether paid for or provided by family members who stepped in.
Travel and other expenses
The cost of getting to medical appointments, aids and equipment, and other expenses the injury has caused that can be supported by receipts.
Future losses
Where the injury has lasting effects, compensation can include future treatment, ongoing care, equipment, and the longer term effect on your earning capacity.
We do not publish figures for particular injuries, because compensation is not decided by the injury name alone. Two people with the same diagnosis can receive very different awards depending on severity, how long symptoms last, the medical prognosis and the financial losses each has suffered. Any reliable figure has to come from the medical evidence in your own case.
How personal injury compensation is assessedHow these injuries typically arise
The cause of the accident changes who the claim is brought against. It does not change the way the injury itself is assessed.
Solicitors for Road Traffic Accident Claims
Where the injury happened on the road, including as a driver, passenger, rider, cyclist or pedestrian.
Road traffic accident claimsSolicitors for Accidents at Work Claims
Where the injury happened at work because of unsafe conditions or an employer's negligence.
Accidents at work claimsSolicitors for Public Place Accident Claims
Where the injury happened on premises open to the public, such as a shop, restaurant or pavement.
Public place accident claimsSolicitors for Serious Injury Claims
Where the injury is life changing and long term care and future loss must be considered.
Serious injury claimsWhat our solicitors do for you
- Assess the circumstances and explain whether there may be grounds to claim
- Identify who was responsible and put the case to their insurer
- Gather the evidence, including records and footage before it is lost
- Instruct independent medical experts on the injury and prognosis
- Work out the value of the claim, including lost earnings and expenses
- Handle the correspondence so it does not land on you
- Advise on any settlement offer, including when to challenge one
- Issue court proceedings where they become necessary
Broken Bones & Fractures: frequently asked questions
How much is a fracture claim worth?
There is no figure that can be applied to a fracture by name. Two people with the same break can receive very different awards depending on how the bone healed, whether a joint was involved, whether further surgery is needed, and what the injury has cost in lost earnings and other losses. Any reliable figure has to come from the medical evidence in your own case, which is why we do not publish figures.
What if my fracture has not healed properly?
That is a recognised situation and it affects the claim significantly. Where a bone heals in a poor position, or does not unite at all, further surgery may be needed and there may be a permanent effect on function. The medical evidence should address what further treatment is required and what the long term position is likely to be.
Can I claim for the metalwork being removed?
Yes, where a further operation is needed to remove plates, screws or other fixation, the additional surgery and the recovery period form part of the claim. That includes the time off work, the additional pain and discomfort, and any scarring left by the second operation.
How long does a fracture claim take?
A straightforward fracture that heals within a few months may settle within six to twelve months. Where the fracture is more serious, requires further surgery, or involves a joint, it usually takes longer, because the claim cannot be valued properly until the outcome is reasonably clear. An updated medical report is often obtained once the healing has progressed.
Will I need medical evidence?
Yes, although less is usually needed than for a soft tissue injury, because the fracture is documented in the hospital records. A medical expert will review the records and examine you, and will give a view on how the fracture has healed and what the prognosis is. That view determines the value of the injury element.
Can I claim for a fracture caused by a fall at work?
Yes, and fractures caused by falls at work are among the most common workplace claims. Employers are required to assess risks, provide safe equipment and supervise work properly. Where they have not, and a fall follows, there is often a strong claim. We will look at what the employer did and what they should have done.
What if the fracture made an existing condition worse?
That does not prevent a claim. Where a pre-existing condition is made worse by an accident, compensation can be claimed for the additional harm caused. The medical expert will usually be asked to separate the underlying condition from the deterioration caused by the accident, and the claim reflects only the latter.
Is there a time limit for a fracture claim?
For most claims in England and Wales the limit is three years from the accident. There are exceptions: for a child, the three years runs from their eighteenth birthday, and where someone lacks the mental capacity to bring a claim the limit does not run in the ordinary way. Anyone close to a deadline should take advice immediately.
The answers above explain the position generally. Nothing on this page is medical advice, and any medical questions should be directed to your treating team. Every claim turns on its own facts.
Who provides the legal services
Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.
MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.
Read our Regulatory InformationRelated injuries
Related information
Not sure whether you can claim for your injury?
Tell us what happened and a member of our team can explain whether there may be grounds to claim, what evidence would be needed and how the process would work. The assessment is free, and speaking to us does not commit you to anything.
Free initial claim assessmentNo Win No Fee may be availableClients throughout England & Wales
