Distal Radius Fracture Compensation Claims In The UK
Welcome to our guide about a distal radius fracture compensation claim. If you suffered an injury in an accident caused by someone else’s negligence, you may be eligible to make a personal injury claim.
No matter whether your accident happened at work, in public or on the road, you were likely owed a duty of care. To hold a valid personal injury claim you must be able to prove with evidence that the accident which caused your injury happened because those who had a duty of care towards your safety failed in keeping you safe. Furthermore, if you feel that the substandard care you received from a medical professional made your injury or illness worse contact our team to discuss a case for medical negligence.
Distal radius fracture compensation
If you’re still unsure after reading our guide whether you have a valid claim or not, our advisors can help. They can assess your case by looking at whether someone may have been liable for the accident that caused your injury.
If they feel your claim has a chance of succeeding, they can connect you with a No Win No Fee solicitor from our panel. A personal injury lawyer can then help you through the next steps of the claims process.
Get In Touch With Our Team
If you have any questions after or whilst reading our guide, you can get in touch with our team of advisors. They can answer any questions you might have. For more information, contact us on the following:
- Telephone number 020 3870 4868
- The call-back request page
- Live chat at the bottom of the page
Services And Information
- Everything You Need To Know About Distal Radius Fracture Compensation Claims
- What Is A Distal Radius Fracture?
- What Are The Parts Of The Distal Radius?
- Signs You Have Broken Your Radius Or Ulna
- How Could You Break Or Fracture Your Distal Radius?
- Distal Radius Fracture Compensation Payout Calculator
- Treating A Fractured Distal Radius
- What Is Negligence In Diagnosing Distal Radius Fractures?
- Why Are Fractures Negligently Undiagnosed?
- How Long After Fracturing Your Distal Radius Could You Claim?
- What To Do After Fracturing Your Distal Radius
- Claim Distal Radius Fracture Compensation On A No Win No Fee Basis
- Related Services
- Frequently Asked Questions
Everything You Need To Know About Distal Radius Fracture Compensation Claims
We’ll look at how you can make a personal injury claim against someone who was liable for an accident that caused your injury. There are many ways negligence could lead to pain and suffering in different situations. For instance:
- A pedestrian being knocked over when crossing the road at a designated pedestrian crossing due to a motorcyclist failing to stop
- The local council failing to act within a reasonable time after finding a fault with a maintenance hole
- An employer failing to provide the correct training to employees using specialist equipment
- A doctor failing to read an X-ray correctly leading to a misdiagnosis of your injury
Our guide will look at how much compensation you could claim for injuries sustained in accidents similar to those listed above. We have included a compensation table as an alternative to a personal injury claims calculator. The table may provide an idea of the compensation you could receive for various forearm injuries.
The costs usually associated with legal representation may be causing you concern. However, you could have a personal injury lawyer represent you on a No Win No Fee basis. Our guide will explore how an agreement like this could be beneficial to you.
For any further help and advice, speak to our team on the number above.
What Is A Distal Radius Fracture?
A distal radius fracture is when the radius bone in the arm breaks near the wrist. An injury like this could happen in various places. However, they may be likely to happen through a slip, trip or fall in work.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) recorded that 29% of non-fatal injuries in the workplace were caused by slips, trips and falls on the same level. Additionally, a further 8% were caused by falls from height.
Furthermore, there were 18,535 fractures recorded by RIDDOR. Although it doesn’t specify whether these fractures were caused by slips, trips and falls, they highlight that workers aren’t unlikely to suffer a fracture after an accident at work.
The graph below shows the number of non-fatal upper limb injuries that occurred after accidents in the workplace. These figures come from RIDDOR.
What Are The Parts Of The Distal Radius?
The arm is made up of various different bones, including the radius and ulna which are the two main bones in the forearm. Other bones include:
- The head of the radius at the top of the forearm
- The humerus
- Carpal bones (wrist bones)
If you suffer a distal radius fracture, usually this affects the base of the radius bone near the wrist. If it’s left untreated, this can lead to complications and ongoing pain. For that reason, it’s important to seek medical advice.
See below for NHS guidelines on signs of a broken radius.
Signs You Have Broken Your Radius Or Ulna
It is advised to seek medical advice if you experience any of the following forearm fracture symptoms:
- Lots of pain
- Swelling and bruising
- Being unable to use the affected arm or wrist as it’s too painful
Additionally, if you have any of the following symptoms, seek immediate medical help:
- Numbing, tingling or pins and needles in the affected arm or wrist
- A cut or wound that’s bleeding heavily
- The bone is sticking out
- Your wrist or arm is at a different angle or has changed shape
The symptoms you experience may depend on the severity of your injury. However, you should ensure you seek medical advice to avoid causing any long term damage to the affected area. For example, arthritis or ongoing pain.
How painful is a distal radius fracture?
The discomfort or pain you experience after a distal radius fracture may vary depending on the severity of the break you suffer. For example, if you suffer a severe fracture that requires broken forearm surgery, it may be more painful and take longer to heal than a simple break.
How Could You Break Or Fracture Your Distal Radius?
In most environments where we find ourselves each day we are owed a duty of care by a third party. If the accident happened at work, in a public place, on the road or your injury was made worse by a healthcare professional you have to work out whether it happened because there was a breach in this duty of care.
It’s reasonable to expect your employer, any occupiers of a public place, road users or medical professionals to do everything reasonably possible to keep you safe.
If they fail to do so by not complying with the regulations set out in specific health and safety legislation, it could result in an avoidable accident. There are different pieces of legislation that aim to protect our well being;
- The Health and Safety at Work etc. Act 1974
- The Road Traffic Act 1988
- The Occupiers Liability Act 1957
- The Medical Act 1983
For further information on how someone might breach their duty of care to you, contact our team on the number above.
Distal Radius Fracture Compensation Payout Calculator
There are different damages you can claim in compensation. For instance, you could claim for the physical and mental suffering you’ve endured as a result of your injury under general damages. They also cover the impact the injury has had on your quality of life.
Additionally, you may be able to claim for any past and future financial losses under special damages. For instance:
- Loss of earnings
- Care costs and medical expenses
- Travel costs
The table below could provide you with an idea of the compensation you could be awarded for different types of broken forearm injuries at varying severities. The figures only cover compensation for your injury and don’t include any special damages.
We have created the table with the help of the Judicial College Guidelines (JCG), a document solicitors may use to value your claim. In addition, you may be invited to attend an independent medical assessment that can provide a report on the state of your injuries. Solicitors may use this report, alongside the JCG, to assess the value of your claim.
The figures should only be used as a guide as actual compensation amounts may vary depending on the specific state of your injury and the effect it’s had on you.
| Injury | Description | Award |
|---|---|---|
| Wrist | A colle's fracture that's uncomplicated. | In the region of £6,970 |
| Wrist | Less severe: This includes injuries that lead to permanent disability e.g. ongoing pain and stiffness. | £11,820 to £22,990 |
| Wrist | Minor: The award given may be for displaced or minimally displaced fractures and soft tissue injuries that may require a plaster or bandage. Additionally, a full recovery will be made within a year. | £3,310 to £4,450 |
| Fractured clavicle | The award given will depend of how severe the fracture and symptoms are at the time and after the injury has healed. | £4,830 to £11,490 |
| Arm | This award relates to injuries that result in permanent and substantial disablement e.g. serious fractures of one or both forearms. | £36,770 to £56,180 |
| Arm | Simple fracture of the forearm | £6,190 to £18,020 |
| Elbow | Moderate or minor: This includes simple elbow fractures. | Up to £11,820 |
If you require any further information about the compensation you could claim, get in touch with our team for help and advice.
Treating A Fractured Distal Radius
If you suffered a radius fracture or other broken bone in the arm, the treatment can vary depending on how severe the injury is. However, a doctor may order a CT scan or X-ray to determine the nature of the break.
Once the doctor has determined the type of break you have, they can start to treat your injury. For example, if you have a stable fracture where the broken bones aren’t out of place, they may put your arm into a cast or splint to provide support and prevent any bones from moving.
However, if any bones have moved out of place a doctor may need to reset the bones first, to allow them to heal properly.
Furthermore, in more severe cases, a doctor may recommend broken forearm surgery to treat your injury. For example, if you have an:
- Open fracture where the bone has pierced through the skin
- Comminuted fracture where the bone has shattered into two or more pieces
What Is Negligence In Diagnosing Distal Radius Fractures?
When we suffer an injury and need to access medical care, we put our trust in those qualified to treat us and prevent us from suffering further harm. However, medical negligence can occur if the service you receive falls below that minimum set standard.
If you experience negligent treatment from a medical professional, and this goes on to cause further injury that you would not have otherwise experienced this can be classed as medical negligence. There are various ways you might have experienced a doctor or nurse breaching their duty of care. For instance:
- Receiving the wrong treatment
- Getting the wrong diagnosis for an injury because the doctor did not listen to your symptoms.
- Getting prescribed either the wrong medication or wrong dosage
- Having a surgeon operate on the wrong body part
- Having a surgeon leave foreign objects in the body after surgery
How can you prove a doctor was liable for medical negligence
Any medical professional has a duty of care to their patients. Generally, they should do everything reasonably possible to keep patients safe or prevent them from experiencing avoidable harm. Failing to do so could result in clinical negligence.
For example, if a doctor gave you the wrong diagnosis, you’ll need to return for a second diagnosis. The second diagnosis may help prove that you initially received the wrong diagnosis.
Additionally, when assessing whether someone was liable for inflicting harm or making your injuries worse, solicitors may carry out the Bolam test. This involves getting the opinion of another unbiased medical professional. They are asked whether they would have carried out the same treatment in the same situation. If they confirm they would have acted differently, this may also help to prove clinical negligence.
If you require further information on how to report a doctor for medical negligence, contact our team and they’ll be happy to help.
Why Are Fractures Negligently Undiagnosed?
Fractures are commonly diagnosed using a CT scan or an X-ray. However, sometimes a medical professional could miss it. For example, a doctor:
- Failing to see the fracture on the scan
- Setting up the X-ray to scan the injured bone from the wrong angle
- Failing to take the severity of your symptoms seriously and not arrange an X-ray
Failing to diagnose your fracture could result in the bone healing out of place which can cause complications further down the line. For example, reduced mobility of the wrist.
Alternatively, they could diagnose the fracture correctly. However, they may prescribe you painkillers to help with the pain and give you a dose too high causing you to become unwell.
How Long After Fracturing Your Distal Radius Could You Claim?
When making a claim, generally, you have three years to start a claim from the date the accident happened. Or three years from the date you obtained knowledge that your injuries were caused by someone else’s negligence. However, there are exceptions to the personal injury claims time limit depending on your age and mental capacity.
If someone under the age of 18 was in an accident, the three-year time limit is frozen. Before they turn 18, someone can claim on their behalf by acting as a litigation friend. However, they will have three years to claim for themselves from the date of their 18th birthday.
Additionally, someone could sue on behalf of someone else if they don’t have the mental capacity to claim for themselves.
Furthermore, if someone lacks the mental capacity as a result of the accident they were in, the three-year time limit is frozen until they regain enough mental capacity to claim for themselves. However, if they won’t regain their mental capacity then there is no time limit.
There are other exceptions to the three-year time limit so if you have any questions regarding this, please get in touch with our team and they can provide further information.
What To Do After Fracturing Your Distal Radius
If you’ve experienced any type of radius bone fracture, including a left distal radius fracture, you should seek medical attention for treatment. Not only will this ensure your injury is properly treated, but it can also help provide important medical evidence. Any medical documents or reports may help to prove you sustained your injuries in an accident.
There are other forms of evidence you may need to prove the accident happened. For instance:
- CCTV footage
- Pictures of the accident and injury
- Police reports, if applicable
- Medical reports
- Witness details
Additionally, you will need evidence to claim for any additional damages. For example, receipts for care costs and travel costs and payslips to prove any lost earnings.
If you’re unsure of the evidence you may need to support your claim, it can help to have an experienced solicitor guiding you through the process. Find out how our advisors can connect you to a personal injury solicitor to help you with your claim.
Claim Distal Radius Fracture Compensation On A No Win No Fee Basis
We understand that your injury may have put some financial strain on you and so you may be apprehensive about seeking legal representation. However, there are other options that allow you to avoid upfront costs whilst still having an experienced solicitor handle your claim.
Our advisors can connect you with a solicitor who can represent you on a No Win No Fee basis. This essentially means if your solicitor is unsuccessful, you won’t pay solicitor fees. If they are successful, you’ll pay a capped success fee. However, you can decide on the fee with your solicitor before your claim goes ahead.
Most importantly, it gives you access to expert advice throughout the claims process without having to pay upfront costs or any costs incurred while your claim is ongoing.
Get In Touch With Our Team
If you have any questions after or whilst reading our guide, you can get in touch with our team of advisors. They can answer any questions you might have. For more information, contact us on the following:
- Telephone number 020 3870 4868
- The call-back request page
- Live chat at the bottom of the page
Related Services
If you feel you received inadequate training in the workplace which put you at a higher risk of an accident, our guide could help.
For more information on claiming compensation for an operation that went wrong, see our guide.
If you had an accident in a shop, you could claim compensation for the injury you suffered, see our guide for more information.
For any medical advice, visit the NHS website or speak to a healthcare professional.
If you require further information on preventing slips, trips and falls in the workplace, see the government health and safety website.
For more information on road traffic accidents, see the Reported Road Casualties in Great Britain: 2019 Annual Report.
Frequently Asked Questions
Please see below for answers to some questions we are commonly asked regarding personal injury claims.
What is the average payout for a broken wrist?
There is no average compensation amount for a broken wrist as it can depend on the severity of the injury. However, you can get an idea of the compensation you may be able to claim by looking through our table above.
What happens if I don’t have evidence of my accident?
It’s important to have evidence when making a personal injury claim so you should try to obtain as much as you can to help support your claim. For example, witness details for statements, CCTV footage and pictures of the accident or injury. Without evidence, it can be difficult to build a valid claim.
When could you claim for a child’s broken bone?
If a child has suffered a broken bone in an accident caused by someone else’s negligence, you could claim on their behalf by acting as a litigation friend. You can do this until they turn 18. When they turn 18, they have three years from the date of their 18th birthday to claim for themselves.
Do claims go to court?
Whether or not your claim goes to court can depend on several factors. For example, whether the defendant admits liability and if your solicitor feels further evidence and negotiations are needed.
Thank you for reading our guide on making a distal radius fracture compensation claim. We hope you found it useful.
Writer AC
Checked by EI.
