Forearm Fracture Compensation Claims In The UK
By Lewis Aaliyah. Last Updated 1st December 2022. A forearm fracture can potentially be caused by various kinds of accidents. They can also cause a lot of pain and disrupt your everyday routines. If the injury is severe enough, a forearm fracture can even lead to life-changing effects on a long-term or permanent basis. If you suffer this type of injury in an accident that wasn’t your fault, you may be entitled to forearm fracture compensation.
In this guide, we’ll explain how you can go about making this type of compensation claim. This includes what requirements need to be met to start this type of claim and how you can get the right support for your case.
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Looking for help with making a forearm fracture claim? You are welcome to contact UK Law for free advice on this type of compensation claim. Our claims team can assist with answering any queries you may if you’re considering a personal injury claim.
Services And Information
- Everything You Need To Know About Forearm Fracture Compensation Claims
- What Is A Forearm Fracture?
- What Are The Forearm Bones Called?
- Symptoms And Signs Of A Fractured Forearm
- Causes Of Broken Forearms
- Calculating Forearm Fracture Compensation
- How Are Fractured Forearms Diagnosed And Treated?
- What Is A Misdiagnosed Fracture?
- Why Could Your Fracture Be Misdiagnosed?
- Limitation Periods In Personal Injury Claims
- I Suffered A Broken Forearm Injury, What Should I Do?
- No Win No Fee Forearm Fracture Compensation Claims In The UK
- Contact Us For More Support
- FAQs About Claims For A Fractured Forearm
Various types of accidents can lead you to suffer a broken forearm. They can include accidents in public places, workplace accidents and road traffic accidents. Slips, trips and falls at home or elsewhere can also lead to a forearm fracture.
A forearm fracture may happen as simply the result of an unfortunate incident. In some cases, however, negligent behaviour from another party may have partially or fully contributed to your accident and injury. You may be able to receive compensation for your broken forearm if you can prove that another party who owed you a duty of care caused your injury through negligent behaviour.
Read on to learn more about the process of gaining forearm fracture compensation. We’ll explain in detail what exactly a forearm fracture is and how it can occur. We will also talk about what time limits and compensation payments may be applied to these kinds of claims. This guide will also explain what types of evidence could allow you to succeed with a forearm fracture claim.
A forearm fracture refers to injuries where one or both of the bones located in the forearm are broken. The forearm comprises the lower half of the arm. It extends from the elbow joint to the hand. There are two bones in the forearm: ulna and radius. If the forearm is fractured, then it is likely to cause immediate pain and you won’t be able to use the affected arm properly.
Fractures can occur in different areas of the forearm bones. They may happen close to the wrist at the farthest (distal) end of the bone. They can also happen near the elbow at the top (proximal radioulnar joint) end of the bone. Or a fracture can happen in the middle of one or both forearm bones.
Fractures, including those which affect the forearm, can be considered open or closed. A closed fracture means your skin is unbroken, but a bone underneath it is broken or cracked. An open fracture refers to when you have an open wound that exposes your broken bone. This can happen if a broken bone punctures your skin. Or your skin may have been injured at the same time the fracture occurred.
Fractures can also be considered either displaced or nondisplaced. If a fracture is displaced, then that means fragments of the damaged bone have moved out of line. This can make the forearm (or other affected areas) appear misshapen. When a fracture is nondisplaced, the broken parts of the bone have not moved out of position, so the affected area looks normal.
There are two bones in a forearm, with one called the radius while the other is called the ulna. The radius is located closer to your thumb and is larger at the wrist compared to other areas of your forearm. The ulna bone is larger at the elbow.
The primary motion of the forearm is rotation. It is what allows us to turn our palms up or down.
If one or both of the forearm bones are fractured, then this can affect your ability to rotate your arm. You may also lose the ability to bend and straighten your wrist and elbow.
Types of forearm fractures
There are different types of forearm fractures that may be identified depending on how exactly the bones within the forearm are affected.
- Galeazzi fracture – This refers to when the radius breaks independently from the ulna. The ulna may become dislocated at the wrist.
- Monteggia fracture – The ulna is fractured and the elbow is dislocated at the top of the radius.
- Nightstick fracture – The ulna fractures independently without any direct effects on the radius. A direct blow to the ulna is what usually causes this particular kind of fracture.
If you have suffered a forearm injury, such as a broken forearm, it’s important to seek medical attention as soon as you can.
According to the NHS, broken forearm symptoms you might experience include:
- Swelling or bruising
- Unable to use the affected arm without feeling pain
- A numb or tingling sensation, or pins and needles
- Bleeding heavily if the arm is cut
- A bone protruding from the skin
Now that you are aware of fractured forearm symptoms, you should know that you could potentially claim if you have suffered a fractured forearm due to a breach of duty of care.
A forearm can be fractured when this part of the body is subjected to a large amount of force. A fall or major blow which directly hits the forearm may be strong enough to cause a fracture to one or both of the bones in a forearm. Numerous different types of accidents can result in a broken forearm. Examples include:
- Road traffic accidents (such as a car crash or motorcycle accident)
- Accidents at work (potentially involving work equipment)
- Slips, trips and falls at home, a public place or elsewhere
- A sports injury (direct blows on a sports field or court)
- You may get a stress fracture in your forearm due to repetitive use or heavy use for an extended period of time.
If you’ve begun a personal injury compensation claim for a forearm fracture, then you may be asking what payout you could receive, assuming it proves successful. The answer to this is that it depends on certain factors. Those include just how severe your forearm injury is and the level of impact it has had on your life.
Using the table below, you can view different compensation payouts on past cases that may be offered for forearm fracture claims. The different payouts are shown to cover forearm fractures of various degrees of severity. Each payment aims to cover the level of impact on the victim’s quality of life. These figures are based on figures provided by the Judicial College guidelines. Solicitors may use these guidelines during a forearm fracture compensation claim to help work out the value of your injuries.
|Serious Forearm Fractures||Results in significant permanent residual disability whether functional or cosmetic||£36,770 to £56,180|
|Less Severe Forearm Fractures||Causes significant disabilities but a substantial degree of recovery is possible||£18,020 to £36,770|
|Simple Forearm Fractures||Relatively mild symptoms which lead to a full recovery||£6,190 to £18,020|
Payouts like the ones listed above are intended to compensate for ‘general damages’. All payments specifically for the injuries caused by a liable party are categorised under these types of damages. You may also receive compensation for ‘special damages’. These types of damages refer to financial losses which were directly caused by your accident and subsequent injuries.
Examples of financial losses which could be covered under special damages payments include the following:
- Any earnings you have lost due to having to take unpaid time off work while recovering from your forearm injury.
- Medical expenses specifically put towards treatment and recovery for your fractured forearm.
- Travel expenses put specifically towards receiving forearm fracture treatment.
If you go to a hospital because you have symptoms of a fractured forearm, then a doctor will examine you and provide appropriate treatment. To confirm a fracture has occurred, your doctor will examine your potential symptoms such as swelling, bruising, deformity or an open wound. Your doctor will also discuss the symptoms with you and determine how the injury occurred.
Your doctor will also likely arrange an X-ray scan of your forearm to determine the location and severity of the fracture. Sometimes, a more detailed scan such as an MRI may be arranged in order to get more detailed images of your injury.
Treatment often includes placing the affected arm in a splint, brace, sling or cast. This is done to reduce movement of the broken bone and help with the healing process. You’ll likely also receive pain relief medication to reduce the discomfort caused by the injury.
If the fracture is severe, then surgery may need to be carried out on your forearm to fix broken bones back into place. It may prove necessary to attach fixation devices, including screws and a plate, to hold bones in position.
A misdiagnosed forearm fracture refers to an instance where a medical professional fails to properly identify a fracture in your forearm. When you see a medical professional about fracture symptoms, they may, unfortunately, mistake your fracture for a different issue. This may not always be classed as medical negligence as very often with swelling it is difficult to see if a bone is fractured. Misdiagnosis can also happen because the patient fails to tell the doctor their full symptoms.
They could, for instance, diagnose it as an issue that may be considered less severe than what you actually have. As a result, there may be an avoidable delay in getting the right treatment for your injury. The fracture could therefore end up becoming aggravated before you receive the correct treatment.
If you see a medical professional, such as your GP, about symptoms of a forearm fracture, they should send you for an x-ray to diagnose whether you have fractured the bone. While visiting a medical professional, they are responsible for examining you, prescribing any treatments and referring you to a specialist for additional tests if necessary. Should any of these stages be skipped or not carried out properly, then the medical professional looking at you could miss a fracture. If you fail to tell the doctor about all your symptoms or about the circumstances surrounding the accident which caused the fracture an incorrect diagnosis can also be possible.
The different ways a forearm fracture may end up misdiagnosed by a medical professional can include the following:
- Your symptoms are not recognised properly as those of a forearm fracture. You may instead be misdiagnosed with just a strain or sprain in your forearm instead.
- A fracture could be missed because your X-ray results are misinterpreted.
- A mistake is made during your X-ray scan. This can produce a result that makes it difficult for the medical professional looking at you to notice a fracture.
- A hairline fracture may be affecting you and an X-ray scan is unable to show it. The issue could be completely missed if the medical professional examining you fails to arrange an MRI or CT scan.
In order to claim for a misdiagnosis of a fractured forearm, you would need to prove that the doctor was negligent in your diagnosis. You can contact UK Law for free legal advice if you have been affected by a forearm fracture misdiagnosis.
The standard time limit for starting a forearm fracture compensation claim is usually three years from the date the accident which caused your injury took place. However, especially with cases such as these the injury is not always spotted straight away or the fact the injury was caused through negligence is not always clear. For cases like this, your time limit would start from the date of knowledge.
Under certain circumstances, the time limit may be frozen for at least a temporary period. For example, if a child suffers a forearm fracture, then the time limit for claiming does not begin for them immediately. Instead, the three-year limit only begins when the child reaches the age of 18.
A child can not start a personal injury claim on their own behalf. However, a representative known as a litigation friend may be able to start a claim on the child’s behalf.
The time limit for claiming can also be suspended if the victim lacks the mental capacity to act independently. Like with children, a claim could be started on behalf of such a victim by a litigation friend. If the victim later manages to recover enough mental capacity to act on their own behalf, then the three-year time limit for claiming will be activated from the day this happens.
If you’ve suffered a fractured forearm in an accident, then you may ask what actions should be taken. Your first priority should be to get yourself the medical treatment you require for your injury. If you are unsure if your forearm is fractured, but you are showing symptoms of this injury, see a medical expert to confirm your condition. While receiving medical care for your injury, it is worthwhile getting evidence of your treatment. That is assuming that you are considering making a personal injury claim. Evidence that could support your potential claim can include medical notes and discharge letters.
When you have sufficiently recovered from your injuries, you can then start gathering other evidence to support your claim. The evidence which may be available to you will depend on factors such as the type of accident that caused your fracture. Other potential evidence may include photos of the accident and your injury, witness contact details and security camera footage.
Once you’ve gathered the evidence available, you may then want to get in touch with a solicitor who can support your claim. We recommend hiring a solicitor who has experience with cases focused on the type of accident that caused your injury.
If your solicitor has confidence in your case, you can then sign an agreement with them. From this point, your solicitor will guide you through all the remaining steps needed to process your claim. Your solicitor may also be able to assist with acquiring useful evidence which hasn’t already been gathered. You’re welcome to contact UK Law if you have any questions about starting a forearm injury claim.
If you hire a solicitor to support your case, then you can arrange a No Win No Fee agreement so that you do not have to pay them upfront. This type of agreement can offer you several financial benefits, including the following:
- There’s no need to pay legal fees upfront to your solicitor.
- You also won’t be required to pay legal fees during the process of your claim either.
- Should your claim prove unsuccessful, you will not be required to pay your solicitor’s legal fees. This gives your solicitor the motivation to work hard on your case since they face extra risk.
Should you win with your No Win No Fee claim, then a small percentage of your compensation will be deducted by your solicitor. They’ll do this in order to cover their legal fees, but the amount they can charge is capped.
You can contact UK Law now for advice on making a personal injury claim. We are happy to help if you have any queries about starting a compensation claim following a fracture injury. Our panel of solicitors can also advise on other types of personal injury claims. You can contact us through the following methods:
- With our online live chat service
- You can use our claim online form
- Also available is our call back form
- You can also call us on 020 3870 4868
Looking for further advice on different personal injury claims? You can check out our other guides such as the ones linked to below:
In this final section of our guide on fractured forearm claims, we’ve answered some commonly asked questions about this topic.
What if a child has been injured?
If a child suffers a fractured forearm and it’s another party’s fault, then they may be able to receive compensation. The child won’t be able to claim compensation from the liable party on their own before they reach 18. However, you may be able to claim on behalf of the child as a representative known as a litigation friend.
What happens if I don’t have any evidence of my accident?
Proving with evidence that an accident caused your forearm fracture is a crucial part of a compensation claim. If you are struggling with gathering evidence, then a solicitor you hire may be able to assist with this process.
Can I claim for other people?
In certain circumstances, you may be able to claim compensation for a forearm fracture on behalf of someone else. You may be able to serve as a litigation friend for an injured party if they are under 18 or lack the mental capacity to act on their own.
How long could my claim take?
Compensation cases for forearm fractures can vary in length depending on the circumstances surrounding them. What type of accident caused the fracture and the severity of your injuries are some of the factors which will affect the length of your case. More straightforward cases where the liable party admits liability may be resolved in about six to nine months. More complex claims could take several years to resolve.
Thanks for reading our guide on forearm fracture compensation.
Checked by EI.