Broken Finger Compensation Claims In The UK
Welcome to our guide on claiming broken finger compensation. Did someone who owed you a duty of care breach that duty? Did you suffer from a broken finger as a result? If so, you may be able to claim compensation for the suffering you have experienced.
Our fingers are a functionally important part of our hands. They enable us to carry out many of the tasks we perform on a daily basis. When your finger is injured, you may find that this restricts the activities you’re able to do. In some cases, with very severe fractures, the range of motion in your fingers might be restricted in the long term.
How To Make A Broken Finger Compensation Claim
The prospect of pursuing a personal injury claim can be daunting. Our team of legal advisors is standing to offer helpful guidance and information. Get in touch with us today to find out if you have a valid claim.
If we think you could have a valid claim for broken finger compensation, we may be able to connect you with a personal injury lawyer from our panel. They offer representation on a No Win No Fee basis. Below, you’ll find our contact details.
Get In Touch With Our Team
There are a number of ways you can reach out to us.
- Call us on 020 3870 4868
- Use the live chat feature at the bottom right of the page
- Fill out our online form on our website to see if you have a claim
Services And Information
- Everything You Need To Know About Broken Finger Compensation
- What Is A Broken Finger Injury?
- What Are The Parts Of Your Fingers Called?
- Broken Finger Symptoms
- Causes Of Broken Finger Injuries
- Broken Finger Compensation Claims Calculator
- What Is A Missed Finger Bone Fracture?
- Treatment And Diagnosis For Finger Fractures
- Why Can A Fracture Be Misdiagnosed?
- What Is The Compensation Claim Limitation Period?
- I Broke My Finger, What Should I Do?
- Claim Broken Finger Compensation On A No Win No Fee Basis
- Related Guides
- FAQs On Broken Finger Compensation Claims
In this guide, we will look at what a broken finger injury is and the kind of fractures that you can sustain. We’ll also examine some statistics related to finger and hand injuries in British workplaces.
We’ll also look at the symptoms that a broken finger might exhibit. Furthermore, we will look at the situations in which negligence might cause you to suffer a fractured finger.
You may be wondering how much compensation you could be owed for your injury. We will examine how compensation is calculated and the different kinds of damages that could be included in a compensation settlement.
Furthermore, we’ll examine how a fractured finger might be missed by a medical professional. This guide will then look at what constitutes medical negligence and how a doctor might miss or misdiagnose an injury because of a breach of duty of care.
Finally, we will look at the benefits that a No Win No Fee agreement can offer when you’re looking to fund legal representation. We will conclude by answering some commonly asked questions about injuries of this nature.
If you still have questions after finishing this guide, please don’t hesitate to get in touch with us. Our advisors are happy to offer you free legal advice.
Fractures of the bones can be categorised in a number of different ways. These include:
- Hairline fracture: A hairline fracture is a crack in the bone that does not separate it into two distinct pieces. A hairline fracture might not cause some of the symptoms we typically associate with a broken bone, like severe pain. In some cases, a person suffering from a hairline fracture may not even realise that they have broken a bone at all.
- Non-displaced fracture: This is a fracture where the bone has been broken into two distinct pieces, but these pieces have not moved out of position.
- Displaced fracture: Where the bones of the fracture have moved out of alignment. This could cause problems with the fracture healing, and the broken ends of the bone pose a risk of damaging the muscles, tendons and blood vessels around the break.
- Closed fracture: A closed fracture is one where the skin has not been broken.
- Open fracture: In an open fracture, the skin will have been broken. This could pose a greater risk of infection to the soft tissue and bone as it is exposed to the environment.
The graph below illustrates the number of non-fatal injuries to the upper limb that were reported to RIDDOR in British workplaces in 2019/20. It shows that fractures to one or more fingers or thumbs were the second most common kind of injury reported to RIDDOR in this timeframe.
From the wrist to the ends of your fingers is made up of a precise alignment of bones. In the palm of your hand, there are 5 bones called metacarpal bones – one for each finger and your thumb.
The metacarpals lead onto the proximal phalanges. If you look at your hand and move your fingers and thumb, then the proximal phalanges pivot at the knuckle nearest your hand.
Next, your 4 fingers have intermediate (or middle) phalanges. Your thumb does not have an intermediate phalanx. The final section of your fingers and your thumb are called the distal phalanges. The distal phalanx is what would be injured if you had broken your fingertip. You have 5 of these on each hand – one for each finger and one for your thumb.
If you think you may have broken your finger, you should seek medical attention right away. It might be difficult for you to tell whether your finger has been broken or just badly sprained, bruised or dislocated.
Broken finger symptoms can include:
- Difficulty moving your finger
- Deformity; your finger may be in an unnatural position or shape
You may be tempted to ignore these broken finger symptoms and hope they go away. By doing this, you could affect the way they heal and cause longer-lasting or even permanent damage or discomfort.
If you sustain an open fracture on your finger, you should go to A&E. This is because, as we have mentioned, it poses a greater risk of infection. You should also go to A&E if the finger feels numb, as this could indicate nerve damage.
Broken finger compensation can be claimed when you fracture your finger as a result of someone else breaching their duty of care to you. There are a number of different situations in which someone else has a duty to take all reasonably practicable steps to ensure your safety.
Road traffic accidents
The Highway Code outlines some of the things that road users need to do to ensure the safety of everyone on the road. This includes things like abiding by the speed limit, following instructions set out in road signs and keeping a safe stopping distance between vehicles.
For example, another driver could dangerously overtake your car when they don’t have enough room to do so. This could cause them to hit the side of your car. If the force of the crash caused an impact on your finger, this could result in it being broken.
Accidents at work can also occur as a result of a breach of duty of care. Every employer owes a duty of care to their employees as set out in the Health and Safety at Work etc. Act 1974. This means they have a legal responsibility to take all reasonably practicable steps to keep them safe.
Included in this is the responsibility to properly train their employees to carry out their roles safely. Inadequate training of staff could lead to a broken finger; if this is the case, you may be able to claim.
Public place accidents
When you’re in a public place, you’re owed a duty of care by the person in control of the space. They are referred to as the “occupier”, and their duty of care is set out in the Occupiers’ Liability Act 1957.
You may break your finger if you are involved in a slip, trip or fall accident and try to use your hand to break your fall. If this happens because, for instance, something was spilled and the spill was not cleaned or signposted in a reasonable timeframe, this could give you grounds to claim.
If you’re not sure whether the accident that caused your injury resulted from a breach of duty of care, get in touch with our team today. They will be happy to offer you free legal advice.
There are two main figures to consider when discussing broken finger compensation amounts. They are known as general damages and special damages.
This figure is worked out based on the pain and suffering that your injuries have caused you. It is calculated with the help of a publication called the Judicial College Guidelines (JCG).
These guidelines are made up of an extensive list of injuries and what they could be worth in compensation. The severity of the injury and the recovery time are both things that are taken into account. For instance, a badly broken finger that requires surgery might attract a higher compensation award than a simple fracture that doesn’t require extensive treatment.
The JCG is updated on a semi-regular basis. The guidelines were last reviewed in 2019. Below, we’ve included a table containing some figures from the latest edition of the JCG.
|Hand||Serious damage to both hands - Injuries in this bracket will result in a loss of function and cosmetic disability of a permanent nature.||£52,310 to £79,360|
|Finger||Amputation of index and middle and/or ring fingers - Injuries of this nature will cause the grip to be very weak.||£58,100 to £85,170|
|Finger||Severe fractures to fingers -Injuries of this nature might result in an impaired grip and reduced function. It could also lead to partial amputation.||Up to £34,480|
|Finger||Total and partial loss of index finger- total loss will likely result in an award at the top end of the bracket||£11,420 to £17,590|
|Finger||Fracture of index finger - The fracture will have mended quickly but the grip is still impaired.||£8,550 to £11,480|
|Finger||Serious injury to ring or middle fingers - Where the finger has been fractured or injured in a way that causes stiffness, deformity||£13,970 to £15,330|
|Finger||Amputation of little finger||£8,110 to £11,490|
|Finger||Amputation of the terminal phalanges of the index and middle fingers||In the region of £23,460|
|Thumb||Serious - may involve amputation of the tip of the thumb, damage to the nerves or a fracture that requires plates and pins be inserted||£11,820 to £15,740|
|Thumb||Severe dislocation||£3,710 to £6,360|
Special damages are calculated to account for any financial losses or additional outgoings caused as a direct result of your injuries. Because of this, the figure can vary greatly on a case to case basis.
For example, a fractured finger may mean that you have to take time off work as you recover. Therefore, part of the special damages you receive could reflect the loss of earnings you experience.
Examples of other things that could be included in special damages include:
- Travel expenses to hospital appointments or meetings with your solicitor
- The cost of medical treatment that you couldn’t get on the NHS
- Lost deposits for things like holidays that you’re no longer able to attend
It’s important that you keep evidence of any costs that you’ve incurred because of your injuries. This can be in the form of receipts, invoices and bills. Without evidence, it will be difficult for you to claim back special damages.
If you suspect you have a broken finger, you may go to a medical professional to check. In the event you’re told that the finger is not broken, but does indeed turn out to be further down the line, then the condition of the bones in the finger could worsen drastically.
All medical professionals owe their patients a duty of care. They are expected to administer a minimum standard of care to everyone.
Sometimes, a fracture might be missed or mistakenly diagnosed as something else even when the doctor is adhering to the duty of care that they owe. But sometimes, a fracture can be missed or misdiagnosed because the level of care provided fell below an acceptable standard. This is known as medical negligence.
To confirm whether or not the doctor was negligent, the courts will administer something called the Bolam test. This is where a panel of medical professionals who specialise in the same field of medicine are asked how they would have acted in the same situation.
If they confirm that they would have taken the same course of action, or at least that the course of action that was taken was within the standards of the profession, then the doctor would not be considered negligent. However, if they say that the care administered fell below the standard expected of the profession, then this could be considered negligence.
If you would like to find out more about the conditions that need to be met in order for something to be classed as medical negligence, get in touch with our team today.
An X-ray will usually be necessary to confirm a finger fracture. This is because it can be hard to tell whether a finger is broken or just dislocated or badly sprained without one. An X-ray will also confirm how bad the fracture is.
Following a diagnosis, your finger could be placed in a cast or secured to the adjacent finger to hold it in place. A doctor or nurse might also try to straighten your finger, and you will be given an anaesthetic while they do this.
For severe fractures, you might need to undergo surgery. This may be the case if there are multiple breaks to the finger or if nerve damage has occurred. Surgery will involve pins and plates being inserted into the broken finger to hold them in position as they heal.
There are a few reasons why a broken finger can be misdiagnosed. These include:
- Your doctor or nurse failing to arrange for an X-ray to be done because they didn’t spot the signs of a fracture
- The X-ray or other diagnostic test being incorrectly performed
- X-ray results being misinterpreted, lost or mixed up with those of another patient.
If you would like to claim compensation for a negligently misdiagnosed fracture, then it’s important to note that you will only be compensated for the pain and suffering that was caused by the doctor’s negligence and not your injury overall. It’s likely that a fractured finger would leave you in some pain and may mean that you have to take time off work, even if it was properly diagnosed. As a result, you will only be compensated for the part of your pain and suffering that resulted from the negligent treatment you received.
Generally, you have three years to start a personal injury or medical negligence claim for compensation. This either runs from the date of the accident or the date that you became aware that you suffered avoidable harm as a result of negligence. The latter is known as the date of knowledge.
There are some exceptions to this, however. For instance, someone under the age of 18 cannot represent themselves in a claim. Instead, a litigation friend can pursue a claim on their behalf at any point until they turn 18. Once they turn 18, they have 3 years to start their own claim providing that one hasn’t already been made.
If someone lacks the mental capacity to pursue their own claim, a litigation friend can claim on behalf of them. While they lack the mental capacity to claim, the time limit is suspended. The three-year limit starts in the event that they regain their mental capacity.
If you would like to know more about the time limits associated with starting a personal injury claim, then get in touch with our team. One of our advisors will be happy to offer you free legal advice.
There are a number of key steps you should follow if you have broken your finger. Firstly, you should seek medical attention. Making sure you receive the proper treatment as early as possible can give you the best chance of recovery. It will also mean that you have a medical record that can provide evidence to support your claim.
You’ll also need to gather evidence to support the circumstances of your accident. Things like photographs of the thing that caused the accident and witness details may be useful. However, you may still be able to claim even if there was no witness to your accident.
If your accident took place in a public area, it could have been captured on CCTV. You have the legal right to request footage of yourself.
Obtaining specialist legal advice will also be key in improving your chances of success. While not a legal requirement, it could help you get more money from your claim and may help the process run more smoothly.
A No Win No Fee agreement means that you will not owe your personal injury lawyer any money if your claim is not successful. You also won’t be asked to pay anything in order for the solicitor to start working on your claim or while it’s ongoing.
If they do win the case, then your lawyer is paid via a small, legally capped percentage taken from your compensation settlement. This will be agreed upon before the solicitor begins working on your claim.
All of the lawyers on our panel offer representation on a No Win No Fee basis. If you wish to pursue your claim this way, then get in touch with us to get started.
- Call us on 020 3870 4868
- Use the live chat feature at the bottom right of the page
- Fill out our online form on our website to see if you have a claim
Below, we’ve included some links to additional information you may find helpful.
- How to report a doctor for medical negligence.
- Information on the weight limit for manual handling.
- Our guide to slip, trip and fall accident claims.
- NHS information on detecting a broken finger.
- How to request CCTV footage of yourself.
- The Royal Society for the Prevention of Accidents.
We’ve answered some of the most common questions we’re asked on a regular basis.
My fracture was misdiagnosed; can I claim?
It’s possible to claim for a misdiagnosed fracture. Doctors have a duty of care to their patients. If they breach this duty of care and your fracture is missed or misdiagnosed as a result, causing you further preventable harm, then you may be able to claim.
Can I claim on behalf of a child?
You can claim broken finger compensation for a child if you are an adult. To do this, you need to be appointed a litigation friend.
Who could be a Litigation Friend?
Anyone can be appointed a litigation friend. This may be a parent or guardian but can also be a family friend or even a legal representative such as a personal injury lawyer.
Thank you for reading our guide on claiming broken finger compensation.
Guide by IB
Checked by NC