Greenstick Fracture Compensation Claims In The UK
Welcome to our guide on how you could make a greenstick fracture compensation claim. If you’ve suffered a fracture injury caused by an accident that could have been avoided you could be eligible to claim for the pain and suffering of your injury.
We understand that it can be difficult to determine whether someone was at fault for your accident. However, in most cases, such as at work, in public, on the road or seeking medical help, you may have been owed a duty of care.
Our guide will help you understand how someone might be liable. However, if you’re still unsure of whether you have a valid claim, our advisors can help.
If our advisors feel your claim has a chance of success, they can connect you with a No Win No Fee solicitor. A solicitor can then take you through the next steps of your personal injury claim to get you compensation for your injury.
Get In Touch With Our Team
Our advisors can answer any questions you may have and provide free legal advice 24/7. For more information, contact us on the following:
- Telephone number — 020 3870 4868
- The live chat at the bottom of the page
- The call-back request form, and we can call you at your chosen time
Services And Information
- Everything You Need To Know About Greenstick Fracture Compensation Claims
- What Is A Greenstick Fracture?
- Greenstick Fracture Symptoms
- Risk Factors
- What Causes Greenstick Fractures?
- Calculate Payouts For Greenstick Fracture Compensation
- Diagnosing And Treating Broken Bones
- What Are Undiagnosed Fractures?
- Why Are Broken Bones Undiagnosed?
- I Broke A Bone, How Much Time Do I Have To Start A Claim?
- What Should You Do After A Fracture?
- Claim For A Greenstick Fracture On A No Win No Fee Basis
- Read These Related Guides
- FAQs On Broken Bone Claims
Did your employer fail to ensure you had slip-resistant floors? Perhaps your child’s school failed to carry out risk assessments of the play areas? Or did your doctor fail to take your health concerns seriously?
Our guide aims to provide you with the information you need to make a claim against someone who breached their duty of care. If you’re unsure of the personal injury claims time limit, we have covered this and the exceptions in detail further down in our guide.
Additionally, we have included an alternative to a personal injury claims calculator to give you an idea of how much compensation you could be entitled to. We’ll also provide details on the types of damages you could claim. For example, whether you could claim for a holiday you missed out on or the money you lost out on after a missed promotion at work due to your injury.
We’ll also look at how a No Win No Fee solicitor may benefit you. An option that may help with any apprehensions you’re feeling regarding the fees usually associated with legal representation.
However, don’t forget that you can contact our team on the number above for further help and advice if you have any questions whilst or after reading.
A greenstick fracture is the type of break in a bone that bends and cracks rather than breaking into separate pieces. They occur most often in long bones, including the:
- Fibula and tibia, two main bones in the leg
- Ulna, radius and humerus, bones in the arm
This type of break can occur in various types of accidents. For example, slips, trips and falls that may happen in the workplace or public. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) recorded 19,219 non-fatal slips, trips, and falls on the same level in the workplace in 2019/20. RIDDOR also recorded an additional non-fatal 5,214 falls from height.
Greenstick fracture symptoms are similar to those of any other type of fracture. It is recommended to seek immediate medical advice if you suspect you have fractured a bone. The following symptoms may be a sign of a fractured bone;
- Hurts to move or put weight on
- The affected area looks out of place or is at an odd angle
- Cut or wound
- Bone sticking out of the skin
It’s important to seek medical advice if you think you’ve broken a bone so it can be treated properly. For more information on how to tell if you’ve broken a bone, visit the NHS website or speak to your doctor.
There are factors that could make certain people more susceptible to greenstick fractures. For instance, children may be more at risk because they have softer and more flexible bones compared to adults. Additionally, they happen frequently in bones in the arm.
In addition to this type of fracture, there are others that you or your child could suffer. However, they present themselves in different ways on X-rays. For example:
- Displaced fracture where the bone snaps into two or more parts
- Compound or open fracture where the bone has pierced through the skin
- Hairline or stress fracture where there is a small crack in the bone
- Transverse fracture where the bone breaks horizontally rather than vertically along the bone
To hold a valid claim for compensation there are three key points that must be proven;
- You were owed a duty of care by the party you hold responsible.
- This duty was negligently breached, and
- Your injury or greenstick fracture was a direct result.
Greenstick vs Buckle fracture
A buckle, or torus fracture is similar to a greenstick fracture. Similarly to a greenstick fracture, children could be more at risk of suffering a buckle, or torus, fracture due to the soft and flexible nature of their bones.
Although we don’t expect accidents to happen, they can often happen without it being someone’s fault. However, in certain situations, someone could act negligently towards you or your child. For example, an employer at work, an owner of a public place or even a teacher at your child’s school. They all owe a duty of care.
If someone does fail to uphold that duty of care, then an accident leading to injuries could occur.
- A young customer falling onto an outstretched arm after tripping over stock that was left out in a supermarket aisle
- Someone tripping over a wire at work and getting their leg caught in the midst
- A child getting their arm or leg trapped in faulty playground equipment
- A passenger’s shoulder getting trapped by the impact of the car bending inwards in a car crash
- Someone is injured in a cycle accident
Additionally, a child could suffer a greenstick fracture from abuse. If you suspect a child has been a victim of abuse at home or school, you should report your concerns to the relevant people. Any claims regarding child abuse may go through the Criminal Injury Compensation Authority (CICA).
For further information on this, don’t hesitate to get in touch with our team, and they’ll be happy to provide more help and advice.
The compensation you claim may comprise different types of damages. One type, general damages, will compensate you for the injuries you’ve suffered. They cover the impact the injury has had on your quality of life and the physical and psychological pain you’ve endured.
Furthermore, it’s also possible to make a personal injury claim for multiple fractures or injuries. In these instances, each injury will be considered independently.
Additionally, you could claim any past and future financial losses under special damages. These cover any monetary losses you’ve incurred as a direct result of the injury. For instance, loss of earnings or travel expenses due to being unable to work or drive. If you have any, these will be worked out separately and added to the compensation you receive for your injury.
We understand that you may have used a personal injury claims calculator to determine how much compensation you’re owed. However, we’ve included an alternative option to do so. Our compensation table provides figures for different types of fractures in various parts of the body.
|Arm||A serious fracture of one or both forearms which has resulted in permanent or substantial disablement.||£36,770 to £56,180|
|Arm||A simple fracture of the forearm||£6,190 to £18,020|
|Leg||Severe (ii): Very serious injuries that have lead to either permanent issues with mobility, multiple fractures that have taken years to heal and injuries that have led to serious deformity and limited movement due to arthritis.||£51,460 to £85,600|
|Leg||Severe (iii): Serious compound or comminuted fractures, injuries to the joints or ligaments, ongoing treatment and other symptoms due to arthritis.||£36,790 to £51,460|
|Clavicle||Fractured clavicle: The award for this injury will depend on certain factors including the severity and whether there are any permanent or temporary symptoms.||£4,830 to £11,490|
|Neck||Severe (ii): Injuries given this level of award might include serious fractures or damage to the discs in the cervical spine.||£61,710 to £122,860|
|Neck||Moderate (i): This includes fractures or dislocations that may need a spinal fusion and cause severe symptoms.||£23,460 to £36,120|
The figures provided are taken from the Judicial College Guidelines (JCG), a document personal injury solicitors may use to value your injury. They should only be used as a guide, as actual compensation amounts may vary depending on the state and severity of your injuries.
Fracture treatment may vary depending on where it is in the body and how severe it is. A doctor may arrange for you to have an X-ray to determine the nature of your injury. After that, there are a few different ways you may be treated.
For instance, you may require a doctor to realign the bones first if you have a displaced fracture. Whereas, for a simple or hairline fracture, a doctor may only need to put your injury in a cast or splint.
Furthermore, if you have a more complex and severe injury such as a compound fracture or transverse fracture, you may require surgery.
Failing to get the proper treatment can result in fracture complications such as nerve and muscle damage. Additionally, if the bones aren’t realigned properly, this can cause permanent deformities or arthritis.
It’s understandable to expect a certain level of care when accessing medical help. All healthcare professionals are expected to provide a duty of care to their patients. They should do everything reasonably possible to prevent their patients from experiencing further harm.
If they don’t, they could be responsible for medical negligence either from causing an injury or symptoms of an injury to worsen. For example, a fracture that’s left untreated could result in long term problems such as permanent deformity or persistent pain.
Additionally, an injury could be made worse by a doctor diagnosing a fracture incorrectly. For example, if you had a simple fracture that should have been treated with a cast, but instead, you were diagnosed with a displaced fracture that required surgery.
If a doctor then performs an unnecessary operation, it may be possible to claim for clinical negligence because they’ve caused you more harm through their mistake.
There are different reasons why a healthcare professional could make a mistake when diagnosing and treating your fracture. However, some common examples might include a medical professional:
- Reading the X-ray wrong or receiving inadequate training to do so leading to you being diagnosed with a stress fracture rather than a transverse fracture.
- Setting up the X-ray wrong, so it doesn’t get an accurate picture of the injury leading to a misdiagnosis of a displaced fracture.
- A doctor failing to send you for an X-ray after misdiagnosing you with a minor sprain or strain because they never listened correctly to your symptoms.
Failing to diagnose a broken bone could lead to further issues such as:
- Providing the wrong treatment after a misdiagnosis, e.g. performing an operation that wasn’t needed or not organising surgery when it was needed
- Prescribing the wrong medication or dosage of medication, e.g. a doctor prescribing a child with an adult dosage of painkillers which could make them more unwell
If you have any questions regarding fracture misdiagnosis, get in touch with our team on the number above. They can clarify whether your case has a chance of being awarded compensation. If so, they can connect you with a medical negligence solicitor who can advise on the next steps to take.
We understand that your or someone else’s injury may have happened a while ago. However, when making a claim, you either have three years from the:
- Date your accident happened.
- The date you obtained knowledge that someone else’s carelessness caused or contributed to your injuries.
However, there are exceptions to the personal injury claims time limit. For example, if the person who suffered the greenstick fracture is under the age of 18, the three-year time limit is frozen until they turn 18.
In this time, someone could sue on their behalf by acting as a litigation friend. After they turn 18, the time limit would reset, and they would then have three years from the date of their 18th birthday to make a claim themselves.
Additionally, someone could act as a litigation friend for someone who lacks the mental capacity to claim for themselves. For example, because of the injury they suffered or a pre-existing condition.
If there is a chance the person might regain their mental capacity, the three-year time limit will be frozen until that point. However, if there is no possibility of the person recovering their mental capacity, then the three-year time limit is frozen indefinitely.
We understand that you may still have questions about how long you have to claim. If so you can contact our advisors on the number above for more information.
Once you’ve received sufficient treatment for your fracture, you may be starting to think about making your claim. If this is the case, you should begin by looking at the evidence you may need to build a claim.
Evidence will be required to prove that your accident was caused by negligence and resulted in an injury. There are various types of evidence that may help you do this, such as:
- CCTV or dashcam footage
- Photographs of the accident or injury
- Police reports
- Witness details and statements
Additionally, any medical evidence you can provide from doctors or hospital appointments will help support your claim.
You may be invited to attend an independent medical assessment. A report on the state of your injuries will be compiled. They may use this report, alongside the JCG, to value your claim.
If you’re claiming medical negligence, you will need evidence to show that this happened. For example, if you were misdiagnosed, you’ll need medical reports that show you received a misdiagnosis because the doctor was negligent when treating you.
Additionally, you’ll need payslips or receipts to claim compensation for any financial losses you’ve incurred.
Understandably, you may not be in a position to seek legal representation due to the financial strain caused by your injury. However, our advisors can put you in touch with a solicitor to represent you on a No Win No Fee basis.
This means that if your solicitor fails to win your case, you won’t pay solicitor fees. If they are successful, you’ll pay a success fee that’s capped. However, you can decide on this fee with your solicitor before you go ahead with your claim.
An agreement like this allows you to avoid any upfront costs. Most importantly, it allows you to access expert advice from a solicitor who has experience handling similar claims.
Once our advisors have assessed whether your claim has a chance of success, they can connect you with a personal injury solicitor. For more information, get in touch with our team so you can start your claim and get the compensation you deserve.
If your accident was in a public place, you might have been owed a duty of care. See our guide for further information on whether you have grounds to claim.
For more information on the rights you have after an accident at work, see our guide.
Did you suffer your injury in a car accident? If so, our guide could help you understand what your next steps are.
Visit the government health and safety website for more information on workplace safety statistics.
The Reported Road Casualties in Great Britain: 2019 Annual Report may provide some useful information on road safety statistics.
For more information on accident prevention, see the Royal Society for the Prevention of Accidents.
For more information on greenstick fractures, see answers to our commonly asked questions below.
How long does a greenstick fracture take to heal?
The healing process may vary depending on the severity of your greenstick fracture. Most fractures may take up to 8 weeks to heal. However, you may still experience some discomfort after this greenstick fracture.
Can an adult suffer a greenstick fracture?
It is possible for anyone to suffer a greenstick fracture however, they are just more common in children.