Chalk Stick Fracture Compensation Claims In The UK
By Mary Nora. Last Updated 15th November 2022. Welcome to our guide to claiming chalk stick fracture compensation in the UK.
What Is A Chalk Stick Fracture?
The expression conjures images of weak and powdery bones but this specific type of injury most commonly affects people with the medical condition called ankylosis spondylitis and Paget’s disease. A chalk stick fracture was given its name because of the way the bone breaks. This article explains what you can do to start a chalk stick fracture compensation claim. Whether it’s against a negligent employer, private operator or road user. We explain the criteria that must be met for you to be eligible to make a claim for compensation.
When Could I Claim For A Chalk Stick Fracture?
At UK Law we understand that you have probably never gone through the personal injury compensation claims process before. As you consider starting a claim it may feel daunting to think about what is needed, what your chances of success might be and what kind of compensation amount you can realistically hope to expect. This article attempts to clarify all these points for you in a plain, straightforward way. But if you’re ready to start a claim now, or would like to speak to someone in person, our friendly team are available when you:
- Call us on 020 3870 4868
- Email or write to us at UK Law.co.uk
- Use the ‘live support’ option at the bottom right of this screen
Services And Information
- Everything You Need To Know About Chalk Stick Fracture Compensation Claims
- What Is A Chalk Stick Fracture?
- Aetiology Of Chalk Stick Fractures
- How Do You Know If You Have Broken A Bone?
- What Can Cause This Type Of Fracture?
- Back Injury Compensation Payouts UK
- Chalk Stick Fractures Diagnosed
- What Is A Missed Chalk Stick Fracture?
- Why Chalk Stick Fractures Could Be Misdiagnosed
- Are There Time Limits On Personal Injury Claims?
- How Could An Injury Claim Solicitor Help?
- No Win No Fee Chalk Stick Fracture Compensation Claims
- Related Information
- Broken and Chalk Stick Fracture Compensation FAQ’s
Chalk stick fractures have the potential to cause a catastrophic injury because the bone in these types of fractures breaks transversely in two. So the fracture runs straight across the bone. If this happens at the hip, femur or spine it could go on to cause a great amount of not only pain but disability.
By looking at the laws that protect our safety at work, in public, at hospital and on the roads, it’s possible to construct an argument for damages against the responsible party if they are in breach of these laws. If the accident was entirely unavoidable and a direct result of the negligent conduct of another, it’s possible to use these laws as the foundation of a claim:
- The Health and Safety At Work etc Act 1974 – workplace duty of care
- The Occupiers Liability Act 1957 – the responsibility of private operators to safeguard against a hazard
- The Highway Code – duty of care between motorists and road users
- The Health and Social Care Act 2008 – you right to receive proper health care
Whilst they differ slightly in their application, these four laws aspire to protect your health and well being as far as is reasonably practical in the four main scenarios of normal life. There are limits. We cannot hold others completely responsible for our personal safety and we are obliged to do all we can to avoid hazards. But if your injuries were the result of direct negligence, misconduct or willfulness, you could have a valid claim for compensation against the party responsible.
Following the right advice and working with a personal injury lawyer can help you properly calculate all the impacts of an accident such as this. Chalk stick fracture compensation amounts can be estimated, and whilst never guaranteed, at least give you a clear idea of what you could be eligible for as you go forward.
As the sufferer of ankylosing spondylitis or Paget’s disease, the bones are affected in a way that makes them susceptible to chalk stick fractures. These conditions render the sufferer more susceptible to fractures under circumstances that may not ordinarily be that serious. We look at what specifically might cause bones in this state to fracture further in the article.
As someone living with ankylosis, you are probably familiar with the way that bones which fuse in an irregular way can enhance the risks of injury. Or if you are a sufferer of Paget’s Disease of the Bones you will know how the bones remodel themselves which can cause them to be more at risk of chalk stick fractures. Lack of mobility and flexibility directly affects your body’s ability to readjust after an impact and fractures are much more common. Furthermore, you may need to be constantly vigilant to hazards around you created by others.
The term ‘chalk stick fracture’ usually refers to people with a medical condition called Ankylosing Spondylitis. This disorder causes bones to fuse together in an abnormal way usually through the areas of the spine that are in the cervical or upper thoracic area. Once this bone disorder has begun, those areas of ossification are more prone to snapping under weight-bearing situations.
The cervical spine region is the most typical location for chalk stick fractures given its requirement to be very mobile. Hyperflexion or hyperextension can provoke life-threatening injuries to those who have an ankylosed cervical spine vertebra. High impact accidents for those with abnormal bone joint adhesion or reduced mobility is particularly serious. As the condition progresses, the normal architecture of the spine becomes more compromised and chalk stick fractures can be easier to create.
Generally, if you suffer a chalk stick fracture you would know as the bone would completely break in two. However, not all fractures are that easy to spot. Whatever the cause of a fracture or broken bone, there are some instant and fairly undeniable symptoms:
- Pain in the area
- Swelling and redness, sensitivity to the touch
- Deformity (or increased deformity)
- A snapping or grinding noise
- Pain when you try to touch the area or place any weight on it
- Dizziness, sickness and feelings of faintness
Slighter fractures or cracks in the bone can even go undetected. It’s essential that as a sufferer of the conditions which make you prone to chalk stick fracture you seek medical attention from any accident to your spine or pelvis. Unnoticed fractures can cause severe issues for people with Paget’s or ankylosing spondylitis. Identifying and treating a fractured bone or broken bone advice is available from the NHS.
It’s important to note that under the right circumstances, it can be possible to fracture the back or pelvic area in any of the following scenarios:
- As the result of a collision with machinery or heavy item that impacts with you in the workplace
- A fall, slip or trip on a wet floor surface
- Collision with any hazard in a public place
- As the result of a road traffic accident
- During an act of violence or criminality
- Tripping in the street on a broken paving slab
- Falls from any kind of height
- Injuries sustained during the course of a medical procedure
With regards to the last example, it’s vital to understand the distinction between naturally occurring health problems and medical negligence. A medical negligence claim for chalk stick fracture compensation against a hospital or health provider could be made if you have evidence that shows your injury was made worse because:
- Your doctor failed to listen to your symptoms which caused a chalk stick fracture to go undiagnosed.
- Your X-ray notes were interpreted incorrectly so the chalk stick fracture was diagnosed as a hairline fracture
- The surgeon operated on the wrong part of the spine
You can see below the cost of clinical negligence to the NHS in 2020-21.
Speak to our team about the specific circumstances surrounding your chalk stick fracture injury.
If you’ve determined that you have grounds to claim for your work back injury, your claim could consist of both general damages and special damages. General damages compensates for pain and suffering due to your injury. Your back injury claim amount will be calculated by considering factors like:
- How severe your injury is
- Mental consequences of your injury
- Any impact of the injury on your life
Compensation amounts found in the Judicial College Guidelines (JCG) also serve as a guide to legal professionals when they value claims. The compensation amounts in the table below are taken from the JCG, which was updated in 2022.
These amounts are only relevant to general damages calculations as we discuss special damages in the following section. The figures should also be treated as guides only and may not match the back injury compensation payout you might receive in a successful claim.
|Injury Area||Severity||Suggested Compensation Amount|
|Pelvis/hip||Severe||£78,400 to £130,930|
|Pelvis/hip||Moderate||£26,590 to £39,170|
|Pelvis/hip||Lesser Injuries||£3,950 to £12,590|
|Pelvis/hip||Soft tissue injury||Up to £3,950|
In addition to general damages, your lawyer can calculate other losses (special damages). After an injury, a whole collection of unwanted and unforeseen issues can arise. It is possible to have all of these out-of-pocket expenses returned to you under this heading. Therefore, if you can provide proof of monetary loss (receipts, bills and statements) your lawyer can include them in your claim. It’s important to think carefully about the short and long-term consequences of your injuries, such as:
- Loss of earnings from missed work
- Physiotherapy or rehabilitation needs
- Travel costs to and from hospital appointments or work
- Child care provision
- Care costs – did you need to pay for someone to look after you?
- Changes to your home or lifestyle (wheelchair access)
- Damage to pension contributions or staff bonus
- Pet care or other domestic requirements that you need to pay out for that you cannot perform yourself.
- Lost deposits or forfeited money for special occasions
Speak to our team to see what else you might be eligible to claim for. A No Win No Fee lawyer can ensure that all your losses and expenses are included within your claim this might mean costs you have not even thought about yet. When you call, it’s just a brief assessment with our friendly team of advisors who can then advise the best way for you to proceed.
Your doctor or surgeon will diagnose the chalk stick fracture with the use of x-ray, CT scans or MRI scans. In cases of fractures with an Ankylosing Spondylitis diagnosis, those bones may be twisted out of natural alignment to start with. Therefore, the medical caregiver will need to properly assess individual treatment responses and provide a solution that is specific to you.
A personal assessment should take place. Chalk stick fractures are clean, complete breaks and it’s vital that the two pieces of bone are realigned properly for the correct healing to occur. Acting on the findings of x-ray, MRI’s and CT scan evidence, the health care provider can then ascertain whether surgery or other forms of intervention are necessary. These could include:
- Splints – to limit the amount of movement of the broken limb
- Braces – to properly support the bone as it heals
- Plaster cast – that can provide rigid support that also immobilises the bone
- Traction – not such a commonly used option anymore
- Surgically inserted metal rods, pins or plates – to literally hold the two or more bone pieces together
- Pain relief in the form of medication
Chalk stick fractures can happen most commonly at the top of the femur (thigh bone) or the cervical region of the spine. By its very location, this is a part of the body where much movement is required for normal function. It can also be a part of the body where injury can be missed as fractures can occur deep in the pelvic areas. In view of this, we have a duty to report our injuries as clearly as we can when we present them. We want to give the medical staff the best chance of fully understanding what is wrong so that they can perform the best forms of treatment to help us. However, despite our best efforts, this may not always happen.
When we present at an accident and emergency ward or hospital, we are usually in a state of pain or panic. It’s only natural that we might not be at our most lucid and most able to clearly or calmly explain where the pain is. Medical staff are trained to expect this. Therefore, we trust that whether it’s an NHS service or a private clinic, we are given the most appropriate and professional health care. We literally place ourselves in their hands on the trust that we will be properly treated.
Under what circumstances might this happen?
The overwhelming majority of caregivers take pride in their job and deliver an excellent level of care. The NHS performs literally millions of procedures correctly every day. Occasionally problems could occur. You have a right to expect appropriate healthcare to be delivered properly, by trained and experienced staff, in a clean and appropriate setting. A misdiagnosis could be the result of:
- Failure to properly report the injury
- It’s possible that your fracture is part of other multiple injuries and the nurse, GP or surgeon simply overlooks it.
- Tired or over-worked staff not concentrating
- Mixed up or misread patient notes
- Language barriers between medical staff and patients
- Failure to properly read x-rays, CT and MRI scans
Obviously, you may have your own example that you could add to this list. The above are just general examples. Speak with our team if you feel you were failed by substandard medical advice or treatment that resulted in you getting worse or suffering additional injuries.
As the law currently stands, there is a three-year time frame in which to start a personal injury claim for negligence at work, in public, on the roads or due to medical mistakes. This time scale starts from the time you first become aware of the injury. Or from when you become aware your injury was caused by negligence. If you are under 18, the three year period begins after your 18th birthday.
If you were the victim of violence which caused your chalk stick injury it’s unlikely the perpetrator has the means to adequately compensate you. There is a governmental agency called the Criminal Injuries Compensation Authority (CICA) that can help. In certain cases, they can pay you compensation. The Motor Insurers Bureau (MIB) can help if your fracture was caused by uninsured drivers. Call our team for more help.
Anyone can initiate a personal injury claim. If you feel that you sustained injuries because of something someone else did (or didn’t do) you are perfectly free to follow the steps below and manage your own search for chalk stick fracture compensation.
It’s important to note that claims of this nature can be complex and time-demanding. It’s also important to seriously consider if you want the aggravation as you try to recover. Perhaps it makes more sense to leave it to a professional with the expertise? To recap, the following step by step process can be helpful:
- Get proper treatment for all outstanding injuries
- Request your medical notes
- Obtain the workplace accident record
- Get witness details or CCTV proof
- Start to assemble as much documentation as you can to prove financial loss
- Reach out to a No Win No Fee lawyer
In conclusion, how might No Win No Fee agreements help you in your chalk stick fracture compensation claim? A medical negligence solicitor working in this way can help you to directly access legal representation at no upfront cost. No Win No Fee lawyers simply take a percentage from cases that they win as a success fee. This means you will either benefit directly from the bulk of the compensation or walk away without needing to pay them a penny if your case fails.
With this in mind, No Win No Fee lawyers are very realistic about the chances of success for your case. They are no more keen to waste your time as they are their own. Why not consider starting your chalk stick fracture compensation claim like this today. Don’t worry if you think you have insufficient evidence. It costs nothing to find out if you might be eligible.
- Call us on 020 3870 4868
- Email or write to us at UK Law.co.uk
- Use the ‘live support’ option at the bottom right of this screen
Thank you for reading our guide on chalk stick fracture compensation. If we can help in any way to clarify the points discussed, please don’t hesitate to get in touch. Below are some further resources and ‘frequently asked questions’ on this topic.
Chalk stick fracture compensation – What payout could I get?
Every chalk stick fracture compensation amount would vary depending on the level of your injury and its effects on life.
How long do fracture and break claims take to payout?
It all depends on the complexities of the case
Do Broken bone claims go to court?
It’s not always necessary.
Will I need to visit the solicitor in person?
It depends if you want to. All communication can happen remotely.
What is a banana fracture?
Also common in those with Paget disease, a banana fracture is one that is horizontally orientated and complete. Paget sufferers with incremental fractures could also hear their fractures be described as banana fractures.
How do I get more money for my chalk stick fracture claim?
To maximise your chances of receiving all the compensation you could be eligible for, it is important to have evidence.
Evidence to support a claim could include photographs of an accident scene and injuries. It could also include witness statements. Further to this, a medical report would be important. Your solicitor could advise you on what evidence could be appropriate for your claim.
What are the benefits of using a solicitor for a claim?
There are various reasons people choose to work with a solicitor on personal injury claims.
A solicitor could use their professional knowledge to ensure your claim has a favourable chance of success. They could take on all the legwork when it comes to submitting your claim and negotiating compensation. In addition, they could support you through the courts if your claim reached this stage.
Would my case go to court?
Most personal injury claims settle without court action. However, in some cases it may be necessary for your case to be heard in court. If this happens, a solicitor could support you throughout this process.
How long does it take to claim?
This would depend on a few factors, including whether the other party admits liability. Other factors that could affect this could include whether they dispute the severity of your injuries, or where your claim is complex.