Broken Bone Claims UK: How Compensation Works

Overview

A broken bone claim is a type of personal injury compensation claim brought against the party whose negligence caused your fracture. In legal and medical language, the words 'fracture' and 'broken bone' mean the same thing. A fracture is not simply a crack: it covers everything from a thin hairline break, through a clean snap, to a complete displacement of the bone.

The injury itself can range from a fractured finger that heals in weeks, to a broken vertebra or skull fracture that changes someone's life permanently. The point of a claim is to put you, so far as money can, back in the position you would have been in had the accident not happened.

That usually means compensation for the physical injury itself, plus the financial losses that flow from it, such as lost earnings, treatment costs and travel to appointments. Claims are typically settled with the negligent party's insurer rather than going all the way to court.

Key steps

1. Get medical attention and keep records. Your health comes first, so see a doctor or attend A&E as soon as possible after the accident. Medical records are also the backbone of any claim, as they document the injury, the treatment you received, and the expected recovery. Keep copies of hospital letters, x-rays, prescriptions and anything else you're given.
2. Gather evidence about the accident. Write down exactly what happened while it is still fresh in your mind, including the date, time, location and the circumstances that led to the injury. Take photographs of the scene and your injuries, collect contact details for any witnesses, and report the incident formally where relevant, such as to your employer, the property owner, or the police.
3. Check whether you're within the time limit. In most cases you have three years from the date of the accident, or from the date you first became aware the injury was linked to someone's negligence, to start court proceedings. Different rules apply for children and for people who lack mental capacity, so don't assume the clock is running in the usual way.
4. Consider the value and heads of loss. A fracture claim typically includes general damages for pain, suffering and loss of amenity, plus special damages for actual financial losses. That might cover lost wages, care provided by family members, physiotherapy, adaptations at home and future losses if your earning capacity is affected. Keep every receipt.
5. Take the claim forward. Most claimants instruct a solicitor who works on a no win, no fee basis. They'll send a letter of claim to the other side, gather medical evidence through an independent expert, and negotiate settlement. If liability is disputed or the offer is too low, the matter may ultimately be issued at court, though the majority resolve well before that point.