Fibula Fracture Compensation Claims In The UK
By Danielle Fletcher. Last Updated 31st March 2023. Were you involved in an accident caused by someone neglecting the duty of care they have towards you? Have you suffered a fibula fracture as a result? If so, you may be entitled to fibula fracture compensation.
This article looks at fibula fractures and the circumstances in which you could claim compensation for them. Perhaps you suffered a fall at work because of a hazard that your employer failed to take action on? Maybe you out shopping and had a slip, trip or fall on loose flooring that should have been repaired? Or maybe you were involved in a road traffic accident caused by the negligence of another driver.
If you feel that the cause of your tibia or fibula fracture was negligence on the part of someone who owed you a duty of care, give our team a call today to see how we could help. There’s no obligation to proceed, and you could receive the maximum amount of compensation you’re owed. You can:
Services And Information
- Fibula Fracture – How To Make A Claim
- What Is A Fibula Fracture Or Broken Leg Injury?
- What Are The Different Parts Of The Fibula?
- Fibula Fracture Symptoms
- Example Scenarios Where A Fibula Fracture Could Be Sustained
- Calculate Payouts For Fibula Fracture Compensation
- How To Treat A Fractured Fibula
- Negligently Misdiagnosed Fibula Fracture
- How Long After Breaking Your Leg Could You Start A Claim?
- Broken Fibula – Evidence To Support Your Claim
- No Win No Fee Fibula Fracture Compensation Claims
- Related Guides
- Bone Fracture Compensation FAQs
After a fibula fracture, you may be interested in making a claim. Firstly, it’s important to clarify if you have a valid personal injury claim. In order to establish your eligibility, you should be able to confirm:
- That the defendant owed you a duty of care
- They breached this duty of care and caused an accident
- You suffered a fibula break or harm as a result
Typically, there are laws that set out the duty of care that you are owed in certain settings. For example:
- On the road, all road users have a responsibility to reduce putting other road users at risk under the Road Traffic Act 1988.
- Those in charge of public spaces or buildings have a duty of care to ensure their premises are safe to use for visitors. This is implemented by the Occupiers’ Liability Act 1957.
- In cases involving medical negligence, doctors have a duty to provide you with care that is reasonably expected of any competent medical professional.
If you can provide proof of the defendant’s negligence and your injuries, you may be eligible to start a fractured fibula claim. Get in touch with our advisors, and they can verify your eligibility free of charge.
The fibula is also known as the calf bone and sits adjacent to the main bone of the leg below the knee called the tibia. It stabilises the lower leg, and if you suffer a fracture to this bone, it can affect your ability to walk.
Some fractures are more serious and more painful than others. For instance, a hairline fracture is the name given to a crack in the bone which doesn’t run through the bone, meaning it’s still in one piece. Sometimes, these fractures may not cause you any pain, and you may not realise that you’ve broken your leg at all.
A non-displaced fracture is where the bone is broken in two, but the two ends of the bone haven’t moved out of position from one another. However, a displaced fracture is where the bone has broken in two, and the two ends of the bone are no longer in alignment.
Non-displaced fractures can pose a risk of further injury. This is because the broken end of the bone has the potential to pierce organs and soft tissue. In some cases, the end of the bone may break the skin. This can increase the risk of infection, and if you break your leg and can see bone poking through, you should seek medical attention right away.
The fibula is comprised of three distinct areas. At the top are the proximal tibiofibular joint and joint head. The shaft of the fibula bone runs the length of the lower leg. At the base, near the ankle, the distal tibiofibular joint and lateral malleolus, which attaches the fibula to the ankle.
While the tibia is responsible for bearing the weight on the lower leg, the fibula is not a weight-bearing bone. The fibula’s main function is to combine with the tibia and provide support and stability to the ankle joint.
The distal end of the fibula contains several points where ligaments can attach. These provide stability as the ankle moves. Injury to the fibula could, therefore, affect your stability and mobility in the long term.
As we’ve already mentioned, not every fracture to the leg will result in similar symptoms. In fact, some may not even cause you any symptoms at all.
However, there are some symptoms that you might experience after breaking your fibula. These include:
- Pain in the affected area
- Swelling or bruising
- Deformity, for example, the affected limb sticking out at an odd angle
- A grinding, snapping or popping noise as the injury happens
- An inability to bear weight on the injured limb
If you think that you’ve suffered a fracture to your fibula, you should always seek medical attention. If you fail to do so, this could result in the bones beginning to heal out of alignment. In circumstances where the fracture is displaced, and the skin is broken, you could also be at risk of skin or bone infections.
As stated earlier in our guide, you could suffer a fibula injury in various situations, such as in an accident at work, public place accident or a road traffic accident. If a third party’s negligence caused the accident that resulted in your fractured fibula, you might be eligible for compensation.
Examples of incidents that could cause a broken fibula include:
- A slip, trip and fall. For example, your employer may fail to keep walkways clear, such as trailing wires across the floor, which can cause you to trip and fall. In a public place, there may not be a wet floor sign to indicate a spillage. Uneven pavements may also cause this type of accident.
- As a cyclist or pedestrian, you could be hit by a car.
- A driver or passenger can also suffer a fibula fracture in a car accident.
- Unsafe machinery or unstable shelving could fall and trap your leg. This could also occur in both public spaces and while at work.
Call our advisors for free advice about the situation that caused your injury. They can assess whether your claim is valid and pass you on to a No Win No Fee solicitor from our panel.
In order for your compensation to be calculated, you will usually be invited to a medical assessment as part of your claim. This medical assessment will ascertain that your injuries resulted from the accident you were involved in. It will also confirm the extent of your injuries and how long your recovery will take. The results of this examination will be referred to with the help of the Judicial College Guidelines (JCG) in order to value your claim.
The JCG is a publication that gives guide figures for compensation to claimants in personal injury cases. They are not guarantees; instead, they’re guideline compensation amounts for a number of injuries of varying severities. This part of your compensation is known as general damages. Below, we have included a table that illustrates some of the figures included in the JCG.
|Fibula Injury severity||Notes||Possible award|
|Serious||Within this bracket will be serious compound fractures or one in which the bone has been broken into multiple pieces. Injuries of this nature will result in instability or prolonged treatment.||£39,200 to £54,830|
|Moderate||Injuries in this bracket will include multiple or complicated fractures and crushing injuries to a single limb. The award within this bracket will depend on the extent of treatment required, muscle wasting and scarring among other things.||£27,760 to £39,200|
|Less serious leg injuries||In this bracket, the injured person will have made a good recovery; however, there may still be problems with impaired mobility in the long term.||£17,960 to £27,760|
The second component that can be included in a claim for fibula fracture compensation is special damages. Special damages cover you for any out-of-pocket expenses that you’ve incurred as a direct result of your injuries.
Special damages can include things like:
- Any loss of earnings if you had to take time off work
- Travel costs to and from medical appointments
- The cost of public transport if you’re left unable to drive
- Care costs if you needed someone to come in and help with domestic tasks
- Physiotherapy costs
- Pet care, gardening, impact on hobbies
- Lost deposits for holidays or special occasions you were unable to attend
- Modifications needed so that you can live at home (ramps etc.)
- Wheelchair or medical equipment hire
In order for something to be included in the special damages head of your claim, you must provide evidence as to the loss you have incurred. You should collect all the bills, receipts or statements that prove these outgoings in order for them to be included in your claim.
If you would like to know more about what can be included in the special damages head of your claim, why not get in touch with our team? They can offer you free legal advice about what special damages can cover.
Treatment options for a broken fibula depend largely on the severity and type of fracture. If it’s a simple, non-displaced fracture, it can be possible for splints and casts to hold the bones in position for the 6 – 8 weeks they need to heal.
In some cases, the two parts of your broken bone may be displaced, meaning they are no longer in alignment. If this is the case, a doctor or surgeon may put them back into place in a process called reduction. You will usually be given a local or general anaesthetic while this happens, and in some cases, you may be sedated.
If the injuries to the bone are more significant, you may require surgery. During surgery, metal plates and pins will be inserted into your leg to keep the bones in position as they heal. In some cases, these pins and metal plates may be needed permanently.
Always seek medical attention with a fractured bone. If a bone heals incorrectly, it can cause you problems later on in life. Furthermore, you may be at risk of infection if the fracture is open and you fail to seek medical attention.
When you go to the doctors or hospital after an accident, you expect that they will be able to identify what has gone wrong and prescribe the right medication or course of treatment to help you recover. But this isn’t always the case.
Sometimes, a doctor or medical professional may have failed to diagnose your leg fracture or have diagnosed it as something else by mistake. This could result in you not receiving the treatment you need for your injuries.
In order for you to claim, it is not enough that your injury was missed or misdiagnosed. You need to be able to show that your doctor failed to adhere to the standards of their profession and that their actions caused you to suffer more than you would have if the injury had been diagnosed properly. This is known as medical negligence.
In order to determine whether the doctor acted negligently, the court may administer something called the Bolam Test. Here, a panel of the doctor’s peers will be asked whether they would have acted the same if presented with the same information.
If they confirm that they would have done the same thing, the doctor will not be deemed negligent, even if the injury was missed or misdiagnosed. However, if the panel of peers confirm that they would have acted differently, the doctor may be considered negligent.
For more information about making a medical negligence claim, why not get in touch with our team today? They could connect you with a lawyer from our panel to begin the claims process.
Generally, there is a three-year time limit to making a claim for an injury caused by negligence. This three-year limit runs from the date of the accident or the date you realised that your injuries were the result of negligence. However, there are some exceptions to this rule.
If you are injured while under the age of 18, a litigation friend can make a claim on your behalf. If they don’t claim for you while you’re under 18, then the three-year time limit will run from your 18th birthday.
Similarly, if you lack the mental capacity to claim, then the three-year time limit begins in the event that you regain your mental capacity. Otherwise, the time limit is suspended, and a litigation friend can claim for you.
If you would like to know more about the time limits that apply to personal injury claims, get in touch with us today. One of our advisors could collect information about your claim and let you know whether you are still within the time limit.
If someone else’s negligence has resulted in you sustaining a fractured fibula, then you need to be able to establish this negligence. This can be achieved by presenting evidence. There are a few different ways you can prove your fibula fracture was caused by negligence. Additionally, you’ll also need to prove how serious your injuries were, along with other important details.
Whilst this list isn’t exhaustive, here are some examples of evidence it can be helpful to gather:
- Visual evidence – CCTV cameras may have captured the accident. You can also take photographs of your injuries and the hazards that caused them.
- Medical records – During treatment, important information pertaining to your injury will be recorded. You have the right to request this information at any time.
- Contact details for witnesses – Those who saw how you were injured may be willing to submit a statement. Make sure you have a way of reaching them.
Reach out today for more information. Injuries of all severity can still be considered for compensation, even a hairline fracture to your fibula. We are here 24/7 to help in any way we can with your claim.
When making a personal injury claim, you may decide to seek legal representation to make the process run smoothly and increase your chances of getting more money from your claim. On the other hand, you may be worried about the legal costs associated with hiring a solicitor.
When you claim on a No Win No Fee basis, you don’t need to worry about the cost of hiring a solicitor. They won’t ask you to pay anything upfront or while your claim is ongoing. You also won’t be asked to pay anything in the event that your claim doesn’t succeed.
In fact, you will only be asked to pay your solicitor if you win your case. If this happens, a small, legally capped success fee will be deducted from your compensation. This will be agreed upon before your claim starts, and you will always be left with the majority of the compensation you are awarded.
- Call us on 020 3870 4868
- Write or email at UK Law.co.uk
- Use the ‘live support’ option for instant help
Below are some links to related subjects that we can assist with at UK Law:
Claiming Compensation as an Agency Worker- If you’d like more information on claiming compensation as an agency worker, our guide may be able to help.
When and How Should I Report a Car Accident?- If you’ve been involved in a car accident, you may need to report it. Read our guide for more information.
Claims Against the NHS For Negligence– If you’d like to know more about claiming against the NHS for medical negligence, then our guide can offer more information.
Health and Safety Executive– The HSE aims to reduce work-related illness, injury and death.
Am I Entitled To SSP? Read this link for information on whether you’re owed Statutory Sick Pay (SSP) for time off work.
Royal Society for the Prevention of Accidents (RoSPA)- RoSPA are a charity that aims to reduce serious accidental injury through skills and knowledge.
Thank you for taking the time to read this guide about fibula fracture compensation. Below are some frequently asked questions for further help:
Could I claim for a minor fracture?
Yes. It doesn’t matter whether your fracture was relatively minor or severe and life-changing. If you can show that you suffered as a result of the negligence of someone who owed you a duty of care, you could claim.
Could I claim if my child broke their foot?
Yes, if your child was injured because of a breach of duty of care, you can claim on their behalf as a ‘litigation friend‘. If you don’t claim while they’re still underage, they will have 3 years from their 18th birthday to claim.
When can you get interim payouts?
Interim payouts are amounts that can be paid to you before the final settlement as a way of helping you cope with costs associated with your injuries. Your request for an interim payment must be reasonable and should be less than the total compensation you’ll be awarded.
How is compensation for multiple injuries calculated?
Sometimes, you may sustain more than one injury in an accident caused by a breach of duty of care. If this is the case, you may be able to receive compensation for all the injuries you have sustained.