Fingertip Fracture Compensation Claims In The UK
Have you been involved in an accident caused by someone else’s negligence? Did the negligent party owe you a duty of care? Was the tip of your finger fractured as a result? If so, you could be entitled to fingertip fracture compensation.
Although a fingertip fracture may sound relatively minor, an injury of this nature can really impact your quality of life. It could prevent you from working, playing sports, and engaging in other kinds of day-to-day activities. An injury that prevents you from working could also lead to you suffering from a loss of earnings as well as incurring other costs and expenses. If this is the case for you, you may be wondering how you can mitigate the loss you’ve experienced.
If your fractured finger injury was sustained in an accident caused by someone neglecting their duty of care to you, you might be able to claim compensation. This guide will examine the duty of care that is owed to you in a number of different circumstances and how this could be breached, causing you to be injured.
Fractured Fingertip Compensation Claims
If you have any more questions about making a personal injury claim for a fractured fingertip after reading this guide, why not get in touch with our team of advisors? They are on hand to offer you free legal advice.
If they believe your claim has a good chance of success, they could connect you with a personal injury solicitor from our panel. You can find our contact details below.
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Services And Information
- Everything You Need To Know About Fingertip Fracture Compensation
- What Is A Fingertip Fracture?
- Anatomy Of The Fingers
- How To Tell If Your Fingertip Is Fractured
- Causes Of Broken Fingers
- Fingertip Fracture Compensation Calculator
- What Treatment Can Be Done About Broken Fingertip Injuries?
- What Is A Misdiagnosed Fracture?
- Why Are Fractures Misdiagnosed?
- Broken Bone Injury Claim Time Limits
- I Fractured My Fingertip, What Should I Do?
- No Win No Fee Fingertip Fracture Compensation Claims
- Related Information
- Broken Fingertip Injury FAQs
Personal injury compensation is money paid out to the victim of an accident to cover the impact that the injury has had on the injured person’s quality of life. It is intended to return you to the position you were in before the accident as much as possible.
To claim personal injury compensation, you need to prove that:
- You were injured in an accident
- The accident occurred because someone neglected their duty of care towards you
Examples of a duty of care could include the responsibility of employers to prevent their employees from being injured at work. When you’re in a public place, you’re owed a duty of care by the person in control of the space. Another example would be a doctor’s duty of care over their patient. Someone whose injuries have not been correctly diagnosed because the doctor provided substandard care could be entitled to make a medical negligence claim.
This guide will also look in greater detail at how fractured fingertip compensation could be calculated. We’ll examine the different kinds of damages that might be awarded in a claim like this.
We will also cover some useful information on personal injury and medical negligence claims, such as the time limit in which you need to start a claim. Furthermore, we will examine how legal representation could be funded using a No Win No Fee agreement.
A fingertip fracture occurs when the bone at the tip of the finger is broken. There are a number of different kinds of fractures that you can suffer from on your fingertip, which vary in severity and may require different kinds of treatment.
For instance, a hairline fracture is a crack in the bone that doesn’t result in the bone breaking in two. A fracture of this kind can be relatively minor.
Some finger fractures may be non-displaced. This is when the bone is broken into 2 pieces, but these pieces are still in alignment. These can be less serious than displaced fractures, where the bones are no longer aligned with one another.
Some displaced fractures might result in the skin being cut open or the bone poking through the skin. This is referred to as an “open” fracture. Open fractures can be particularly harmful as they increase the risk of infection in the soft tissue and bone, which could cause complications further down the line.
The fingers are connected to the rest of the hand at the knuckle joint. They are made up of three bones. The lowest and longest bone in the finger is the proximal phalanx, the middle bone is the middle phalanx, and the fingertip itself is the distal phalanx.
In addition to the bones, there are also soft tissues in the fingers. These include blood vessels and the tendons which allow your fingers to move. There are no muscles in your fingers; instead, the tendons which move your fingers are controlled by muscles in your forearms.
If you fracture a bone in your finger, particularly if it is displaced and the broken ends of the bone are no longer in alignment, this could damage or sever the tendons, which allow your fingers to move. In turn, this could impact your grip and ability to use your hand.
When you fracture your finger, you may feel the impact of the fingertip breaking. Other symptoms could include pain, stiffness, bruising and difficulty moving the injured finger.
In some instances, you may not be able to tell whether your finger is broken or just badly sprained. You may need an X-ray to diagnose your broken fingertip injury. If you think it’s possible that your finger is broken, even if you’re not completely sure, you should seek medical attention, as you may need treatment in order for it to heal.
In some cases, your finger may be sticking out at an unnatural angle or feel numb. You may also have a cut on your finger through which you can see bone. If this is the case, seek medical attention immediately. This kind of fracture could increase the risk of your finger becoming infected. Furthermore, numbness or tingling may indicate nerve damage which can cause long-term complications.
Fingertip fractures can be caused by a number of different kinds of injuries. If the accident that caused your injury resulted from a breach of duty of care, you could be owed fingertip fracture compensation.
One place that you’re owed a duty of care according to the Health and Safety at Work etc. Act 1974 is in the workplace. Your employer has a responsibility to take all reasonably practicable steps to ensure your safety while at work. For instance, if your fingertip was crushed by a piece of machinery because the emergency stop button did not work, you may be able to claim. This is because it’s part of your employer’s responsibility to ensure that all machinery you use is safe and well-maintained.
While in public, you could fracture your finger in a slip, trip or fall if you reach out to break your fall. If your accident was caused because the person in control of the space neglected their duty of care according to the Occupiers’ Liability Act 1957, you might be able to claim. This could be the case if there was a spill in a restaurant that wasn’t signposted or cleaned up within a reasonable time frame.
On the road
Road traffic accidents could also be the cause of a fractured fingertip injury. The Highway Code outlines the duty of care that road users have to one another. If a road user neglects this duty of care, for instance, by running a red light, they could collide with your car. The force of the impact could cause the tip of your finger to fracture.
These are just a few examples of how a fingertip fracture could occur as a result of a breach of duty of care. If you would like to know if the circumstances of your accident were caused by a breach of duty of care, why not contact our team today for free legal advice?
Compensation should reflect the degree of impact that an injury has had on you. The effects of an injury can be felt physically if you experience pain and suffering or a loss of function. However, a fractured fingertip can also have a significant financial effect as well. Below, we break down the different types of damages that could be included in your claim.
The part of your compensation claim that covers you for the pain and suffering your injury causes is referred to as general damages. The amount you could be entitled to claim depends on the severity of the injury. The more serious the injury is, the more compensation you could be entitled to claim for it. There are guideline amounts provided by the Judicial College that can be used by legal professionals to help value your claim.
You will usually be invited to a medical appointment with an independent expert to determine that your injuries were caused by the accident you were claiming for. It will also determine what the recovery process of your injury is likely to look like. The report from this meeting will also be referred to in order to help value your claim.
Below, we have included some values from the Judicial College Guidelines:
|Amputation of middle and ring fingers||£58,100 to £85,170|
|Serious hand injuries resulting in the loss of use of fingers||£27,220 to £58,100|
|Severe finger fractures||Up to £34,480|
|Loss of index finger||£11,420 to £17,590|
|Fracture of index finger||£8,550 to £11,480|
|Serious injury to middle or ring finger||£13,970 to £15,330|
|Amputation of little finger||£8,110 to £11,490|
|Partial amputation of index or middle fingers||In the region of £23,460|
|Minor finger or hand injuries||Up to £4,461|
An injury could cause you financial losses or mean that you have to spend money that you otherwise wouldn’t have. For instance, you could be unable to work after a fractured fingertip if you have a job that involves manual work or working with your hands. As a result, you could claim back any loss of earnings you have experienced.
You may also be able to include the cost of medical treatment in the special damages head of your claim, as well as the cost of prescriptions or travel to or from medical appointments. If your injuries mean that you cannot drive, you could claim back the cost of public transport that you use to get about.
In order to claim back special damages, it’s really important that you provide evidence. This could be in the form of bills, receipts or invoices from any costs incurred in your claim.
In some cases, your broken fingertip injury may not require much treatment in order to heal. For simple, non-displaced fractures, your doctor may just strap your injured finger to another one to keep it in position as it heals. Sometimes, a splint or cast may be used to achieve this.
In more serious cases, the doctor may have to move the bone parts back into alignment with each other. Sometimes this can be done by manipulating the pieces into alignment with each other by the hand; other times, it may require surgery.
If the bones have been very severely fractured, then metal braces and pins may need to be surgically implanted to hold the bones in place while they heal. You may also need surgery if you have suffered nerve damage as a result of a fractured fingertip.
Misdiagnosis is when a doctor does not provide a correct diagnosis of your injury. Not every misdiagnosis is classed as medical negligence, but medical professionals are held to certain standards. If a misdiagnosis can be demonstrated to have resulted from practices that fell below the reasonably expected quality of care, it could be grounds for making a medical negligence claim.
Medical negligence compensation claims can be made for different kinds of misdiagnosis:
- Missed diagnosis. This is when no diagnosis is made, even when a doctor could reasonably have been expected to be able to make one.
- Incorrect diagnosis. This is when a doctor diagnoses the symptoms as the wrong illness or injury.
- Delayed diagnosis. This is when a diagnosis is made correctly but later than should reasonably have been done.
In order to claim compensation for a misdiagnosed fingertip fracture, you need to prove that the doctor was negligent in providing their care. This can be achieved by the courts through something called the Bolam Test.
The Bolam Test asks a panel of the medical professional’s peers whether they would have acted the same when provided with the same evidence. If they confirm that they would have, no negligence has occurred. However, if they would have acted differently, the doctor can be considered negligent, and you may be able to claim fingertip fracture compensation.
There are a number of different ways in which negligence could cause a fracture to be misdiagnosed. These can include:
- Not examining the patient’s physical symptoms properly
- Not taking the patients complaints seriously
- Failing to refer the patient on to relevant tests and scans
- Not sending the patient on to the relevant specialist doctor
- Misinterpreting the results of scans and tests.
You can read our guide on how to report a doctor for medical negligence. Otherwise, read on for more information on the time limits for making a personal injury claim.
There is a limit to how long you can wait before starting a personal injury claim. The Limitation Act 1980 generally sets this time limit at three years. This can either run from the date you sustained the injury or the date you became aware that your injury resulted from negligence. The latter is known as the “date of knowledge”. However, there are some exceptions to this.
If you were unable to make a claim for health reasons (such as not having the capacity under the Mental Capacity Act 2005) during the three-year time limitation period, a litigation friend could claim on behalf of you. If you regain the mental capacity to claim, the three-year time limit begins again. Otherwise, it’s indefinitely extended.
If a person was under the age of 18 when they were injured, a litigation friend could claim on their behalf. Alternatively, the child could claim on their own behalf once they are an adult up until their 21st birthday.
You should first seek medical attention if you believe you have suffered a fingertip fracture. It’s important that you get the medical attention you need to ensure that your injury heals properly. Getting seen by a doctor also ensures that there is a medical record that can be used to support a claim.
If possible, you could begin to gather some evidence to support your claim. You could start by taking photos of what caused the accident, like a faulty piece of machinery in your workplace or a broken piece of gym equipment.
If your accident took place in a workplace or in a public place, then there should be an accident book in which injuries are recorded. This accident book report could provide evidence to support your version of events.
If other people saw the accident, then you could ask them if they would be willing to be contacted to provide a statement in support of your claim. If you can, check if there were any CCTV cameras nearby that might have captured the incident. Make a note of them so that your personal injury lawyer knows what to request once they begin work on your claim.
If you want to get the process of claiming off to a start, or if you want more information about what you need in order to claim, you can get in touch with our team through the following contact details.
Up-front legal fees could be a financial risk, as they could mean you lose money if the claim is unsuccessful. If you are on a low income or have had your income impacted by being unable to work, you might not have the money to start a claim in the usual way.
However, you could fund your claim through a No Win No Fee agreement. This is an agreement between you and your solicitor that sets out the conditions that they need to meet in order to be paid. It means you won’t have to pay them anything before your claim starts, while it’s ongoing or in the event that it’s unsuccessful.
The only time that you will be asked to pay your solicitor is if your claim succeeds. Then, a percentage of your compensation will be deducted to cover their costs. This is known as a “success fee”. It’s agreed upon beforehand and will ensure that you always get the full compensation owed to you.
How long does a fractured fingertip take to heal?
A broken finger or thumb should normally heal in the space of around 2 to 8 weeks. However, regaining full strength in the finger or thumb may take three to four months. More serious fractures, or ones that involve tendon or nerve damage, might take even longer to heal.
How do you know if you’ve broken your fingertip?
If you have suffered a broken finger, you may experience some of the following symptoms as a result:
- Inability to move the finger
In serious cases, your finger may turn blue or become numb. If this happens, you should seek urgent medical attention.
How are finger fractures treated?
If necessary, the doctor will move the bones back into place in order for them to heal in alignment. They might splint your fingers with other fingers on your hands in order to hold the bones in place as they heal. In some cases where the fracture is severe, you may need surgery to facilitate healing.
Thank you for reading our guide on fingertip fracture compensation claims.
Guide by KL
Checked by NC