A Guide On Claiming Compensation For A Fracture Of The Humeral Head
Have you been involved in an accident caused by a breach of duty of care? Did you fracture your humeral head as a result? If so, you may be able to claim humeral head fracture compensation. This guide will explain the personal injury claims process and look at the different scenarios that could entitle you to claim.
A Guide On Claiming Compensation For A Fracture Of The Humeral Head
A fracture of the humeral head can have a severe impact on what you’re able to do. The humeral head allows you to move and rotate your arm. If it’s broken, you may find that you’re not able to work, care for yourself or others or enjoy the hobbies that you usually participate in.
As a result, you may notice that your quality of life is impacted. In some cases, a humeral head fracture can have long-term or even permanent effects.
Personal injury compensation can’t change the fact that you were injured. But it may be able to help you. Compensation aims to return you to the position you were in before the accident as much as possible.
Get In Touch With Our Team
If you’re looking for free legal advice after suffering proximal humerus fractures, our team of advisors can help. They can answer any questions or queries regarding the claims process. If they think you have a good chance at making a successful claim, they can put you through to a member from our panel of No Win No Fee solicitors.
You can call them using 020 3870 4868. Alternatively, you can also contact us on our website or use our Live Chat service, which you can see on the right-hand side of your screen. You can also use our online claim form.
To know more about how we could help you make a claim for such injuries as a humeral head avulsion fracture, please read on.
Services And Information
- Everything You Need To Know About Humeral Head Fracture Compensation Claims
- What Is A Humeral Head Fracture?
- What Does The Head Of The Humerus Do?
- Symptoms Of Fracturing Your Humeral Head
- Common Causes Of Upper Arm Fractures
- Humeral Head Fracture Compensation Calculator
- Treating And Diagnosing Broken Arms At The Humeral Head
- Can Fractures Be Misdiagnosed?
- What Happens If A Broken Bone Is Not Diagnosed?
- How Long Do You Have To Claim?
- What To Do If You’ve Been Injured In An Accident Which Was Not Your Fault
- Claim Humeral Head Fracture Compensation With A No Win No Fee Agreement
- Other Broken Bone Guides
There are many types of incidents that could lead you to receive humeral head fracture compensation. You could suffer a proximal humerus fracture of the shoulder after being involved in a car accident, an accident in a public place or after an accident in the workplace. Provided you can show that your accident was caused by someone who breached their duty of care to you, you may be able to claim. We will take a closer look at the duty of care later on in this guide.
This guide will also show you the potential symptoms of this type of shoulder injury and how an injury of this nature could be treated. We will also explain how compensation can be calculated and the different kinds of damages that can be awarded in a claim.
Furthermore, we will look at how medical negligence might result in a humeral head fracture being missed or misdiagnosed. We will examine what medical negligence is and the impact that this can have on your injury.
Finally, we will examine the benefits that a No Win No Fee agreement could offer you when funding legal representation. We will conclude by answering some questions we’re commonly asked about humeral head fractures.
If you still have questions about making a claim after finishing this guide, we will be happy to answer any questions you have. Simply give our team a call for free legal advice.
Your arm consists of three bones: the humerus, radius and ulna. The radius and ulna lead from your hand to your elbow, while the humerus bone leads from your elbow joint to your shoulder. Injury to any of these bones can severely affect the ability to move your arm.
When you fracture any bone in your body, the fracture can have a number of different qualities that can affect how severe it is and the kind of treatment it may require. Humeral fracture classification is mainly based on how many pieces the bone has broken into and whether or not the fracture is displaced.
A displaced fracture is one where the bones are no longer in alignment with one another, meaning they will need to be moved back into position in order to heal. A non-displaced fracture will still be in alignment.
Humeral head fractures may also be described as “open” or “closed”. An open fracture is one in which the skin is broken, where a closed fracture does not break the skin. If you suffer from an open fracture, you should seek medical attention right away as your risk of infection is increased.
Above is a graph illustrating statistics taken from the Health and Safety Executive (HSE). It shows the total number of non-fatal upper limb injuries reported to RIDDOR in 2019/20 in British workplaces.
It’s important to note that the statistics above relate to overall injuries in workplaces in Britain and not just those related to negligence. But if you’ve suffered an injury that was caused by your employer’s negligence, a personal injury solicitor or UK lawyer may be able to help you claim.
The head of the humerus bone links with the shoulder joint and helps you rotate and move your arm. The proximal humerus joins the scapula to form the glenohumeral joint. Injuries such as humeral head and neck fractures can occur because a fall puts pressure on the glenohumeral joint. This can then cause a fracture of the humeral head, as well as other injuries.
Due to the humerus being connected to a joint, further complications can arise because of a humeral head fracture. You may suffer multiple injuries due to the incident, including shoulder, neck or back pain. You could also experience damage to blood vessels, tendons and muscles, particularly if the bones are no longer aligned.
Symptoms of a broken bone can vary depending on the extent of the fracture. Some breaks, such as hairline fractures, might not cause any symptoms at all, and you may not even realise you have broken a bone.
However, there are some symptoms of a broken humeral head that you may experience. These include:
- Pain in the shoulder or down the arm
- Further pain upon applying pressure to the site of the injury
- Swelling, bruising or tenderness
- A snapping or grinding noise when the injury occurs
If the injury is particularly severe, your arm may look deformed. Your bone may also be poking through your skin. Tingling and numbness may be present, which could indicate damage to your nerves. Due to the shock, you may feel dizzy or nauseous.
You should always seek medical attention if you think you have broken a bone. If a fractured bone is left to heal without medical attention, it could cause serious long-term issues like arthritis in the injured joint.
There can be many types of incidents that cause injuries, such as proximal humerus fractures. Regarding making a successful claim, it’s crucial to show that the third party in question owed you a duty of care that was breached, causing you to be injured.
Situations in which you are owed a duty of care include:
- While on the road. Other drivers or road users are legally obliged to follow the Highway Code, which outlines the things road users should do to ensure the safety of others while on the road.
- When using public spaces. Those in control of public spaces (the “occupiers”) need to follow guidelines set out in the Occupiers’ Liability Act 1957. This states that the occupier of a public space should take steps to ensure the safety of those who use the space for the purpose intended.
- When you’re at work. According to the Health and Safety at Work etc. Act 1974, your employer has an obligation to take all reasonably practicable steps to ensure your safety and wellbeing while you’re at work.
Examples of breaches of duty of care that could result in you suffering injuries such as a humeral head avulsion fracture include:
- A driver speeding through a red light and colliding with your vehicle causing a car accident
- Falling down a flight of stairs in a public place due to a faulty handrail
- An accident at work resulting in a slip, trip or fall on a wet floor with no warning signs present
If you want more information about seeking humeral head fracture compensation or you have any questions or queries, call our 24/7 advisors for free legal advice using the phone number at the top of this page.
There are two potential heads of claim when making a personal injury claim, which are known as general damages and special damages. General damages relate to the physical pain, emotional suffering and decline in your quality of life caused by the injury.
To value the general damages head of your claim, you will usually be invited to a medical assessment with an independent expert who will examine your injuries, confirm that they were caused by your accident and detail your prognosis in a report. This report will be used to value your claim with the help of guidelines published by the Judicial College. This contains guideline compensation brackets for a range of injuries of varying severities.
Instead of using a personal injury claims calculator, we have chosen to illustrate potential compensation brackets in the table below. These figures are taken from the Judicial College Guidelines.
|Injury Site||Severity||Compensation guideline award bracket|
|Shoulder||Severe||£18,020 to £45,070|
|Shoulder||Serious||£11,980 to £18,020|
|Shoulder||Moderate||£7,410 to £11,980|
|Arm||Severe||£90,250 to £122,860|
|Arm||Less severe||£18,020 to £36,770|
|Shoulder||Minor (i)||£4,080 to £7,410|
|Elbow||Less severe||£14,690 to £30,050|
|Hand||Moderate||£5,260 to £12,460|
|Hand||Less serious||£13,570 to £27,220|
The other potential head of claim is special damages. This relates to the financial losses caused by the injury. You will need to provide evidence, such as receipts, invoices and bank statements, to prove the financial loss you’re looking to claim back. Otherwise, you may not be compensated for all your financial losses.
Losses you could claim include:
- Loss of earnings
- Loss of future earnings
- Care costs
- Travel costs.
- Recreational activities that you’re now no longer able to commit to.
If you’ve suffered an injury, such as proximal humerus fractures of the shoulder, you should always refer to a doctor or medical professional regarding treatment. The staff will perform either an X-ray, MRI or CT scan to confirm the nature of the injury.
Once it’s confirmed to be a fracture, your doctors will follow the humeral head fracture treatment protocol that’s appropriate for your injury. This section will describe the different types of treatment you could experience with a humeral head fracture, depending on the kind of fracture you’ve sustained.
If pieces of your bone are out of alignment, your doctor may perform a procedure called reduction. This is designed to realign the fractured pieces of your bone so it can heal correctly. You may be put under general anaesthesia for this.
Reduction may not always be the most suitable method, depending on the severity of your injury. For fractures that are severely displaced or where the bone has broken into multiple pieces, surgery may be required. This might involve inserting metal plates, pins, screws or rods into your arm to put the fractured bone back in position.
Once the fractured bone has been realigned correctly, it will need to be held in place while it heals. As such, your doctor will choose one of the following treatment methods:
- A cast may be placed on your arm, which severely limits its movement. They tend to be used if immobilisation is needed for several weeks.
- If the injury doesn’t need to be completely covered, a splint may be used. Some movement is possible while wearing this, so they’re only used if immobilisation is required for only a few days.
- A brace or a sling may also be used. Both of these methods are designed to be worn for longer than a splint.
It can take 6 to 8 weeks for injuries such as a comminuted humeral head fracture to fully heal. In some cases, it may take even longer, or you may even be left with permanent symptoms like stiffness or pain.
If you have any questions or queries regarding humeral head fracture compensation, you can call our advisors 24/7 for free legal advice using the phone number at the top of this page.
Medical professionals have a duty of care to their patients to provide them with a minimum standard of care. A mistake or misdiagnosis could result from care that fell below an acceptable level. If this caused your condition to worsen, this could be considered medical negligence or clinical negligence.
Your fracture may be missed or misdiagnosed because:
- Your X-ray being mixed up with another patient’s, meaning that your doctor examines the wrong one.
- The doctor failed to recognise your symptoms, meaning that they didn’t order an X-ray at all.
- Your doctor misinterpreting the results of an X-ray, leading to them missing your fracture entirely.
Determining whether a doctor has acted negligently can be complex. For this reason, the courts will administer something called the Bolam test.
This is where a panel of medical professionals who specialise in the same field as the doctor in question are asked how they would have acted in the same circumstances. If they say they would have acted the same, then the doctor would not be considered negligent. If they would have acted differently, then the care you received would be considered below the acceptable standard, and the doctor would be considered negligent.
The important part in proving medical negligence is not just showing that you were misdiagnosed or that your injury was completely missed. You need to show that your quality of treatment went below the standards of the medical profession and that, as a result, you were made to suffer more than you would have if you’d received the right diagnosis.
This section provides examples of what that could mean to better understand how you could potentially make a claim for medical negligence. Examples of what could happen if you’ve been misdiagnosed include:
- Suffering a bone infection, such as osteomyelitis.
- In extreme cases, bone cancer could be missed resulting in it worsening, causing further bone cysts or tumours. Bone cancer causes the bones to weaken and makes them easier to break. If your fracture was missed, the underlying condition which caused it could be missed too.
- Arthritis in the affected joint.
If you want to see if you can claim, you can speak to one of our 24/7 advisors for free legal advice using the phone number at the top of this page. Otherwise, read on to find out more about the time limits that apply when making a claim.
Generally, there is a 3-year time limit on beginning a personal injury claim. This runs either from the date of the incident or the date you became aware that your injury resulted from negligence (known as the “date of knowledge”).
However, there are some exceptions to this:
- If a child has suffered an injury, they have 3 years from their 18th birthday to start a claim. Before they turn 18, they cannot pursue a claim themselves. However, a litigation friend could claim on behalf of them.
- If someone does not have the mental capacity to claim on their own behalf, the 3-year time limit would be suspended unless they regain their mental capacity. Otherwise, it’s suspended indefinitely, and a litigation friend can claim for them.
If you would like to know more about how long you have to start a personal injury claim and the exceptions that apply, call our team today. One of our advisors will be happy to offer you free legal advice.
The first thing you should do if you think you’ve sustained a humeral head fracture is seek medical attention. This will ensure that you get the treatment you need for your injury, but it can also provide evidence that can support your claim.
Other steps that could lead you to make a successful claim include:
- Obtaining medical reports from your doctor showing the extent of your injury.
- Collecting receipts, invoices or bank statements proving financial losses.
- Compiling evidence that your injury was caused by negligence, like witness details or CCTV footage.
- Hiring a specialist personal injury solicitor or UK lawyer.
While you’re not legally obliged to have a lawyer act on your behalf in making a claim, their expertise could help you get more money from an injury claim. Read on to find out how a No Win No Fee agreement could help you fund legal representation.
You can fund legal representation with a No Win No Fee agreement. This is a contract that sets out the conditions that your solicitor needs to meet before they get paid. It means that:
- Your personal injury solicitor will not request legal fees either upfront or during the claims process.
- They will not request payment if your claim is unsuccessful.
- They will only take a legally capped portion from your compensation as payment for the legal fees.
Get in touch with our team today to speak with an advisor; if they feel your claim has a good chance of success, they could connect you with a lawyer from our panel.
For more useful guides that could help you, please see below.
To know how to claim for fibula fractures, visit our website.
To see if you can claim a fractured tibia, click here.
If you’ve suffered a forearm fracture and want to see if you can claim, click here.
The Royal Society for the Prevention of Accidents provides guidance on avoiding accidental injury.
This NHS guide looks at when you should go to A&E.
If you would like to know whether you’re eligible for Statutory Sick Pay while unable to work, this government guide could help.
For answers to frequently asked questions regarding claiming for a humeral head fracture, please see below.
How is a humeral head fracture treated?
It depends on the extent of the injury. You may need a procedure called reduction or surgery before a cast or splint is placed on your arm.
How long does it take for a humeral head fracture to heal?
For a standard fracture, it should take 6 to 8 weeks. However, it could take longer for a more complicated injury. In some cases, the injured site may never completely recover.
Can you sue doctors for failing to diagnose a fracture?
You can claim if your fracture was not diagnosed. To do so, you would need to show that the care you received fell below an acceptable level. You would also need to show that their failure to diagnose your injury directly caused your injury or a worsening of your condition.
Thank you for reading our guide on humeral head fracture compensation.
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