Hip Fracture Compensation Claims In The UK
Have you suffered a hip injury because of an accident that wasn’t your fault? Did someone owe you a duty of care and breached this? If so, then you may be entitled to receive hip fracture compensation. A fracture or other types of damage to your hip can cause a lot of pain and discomfort. Depending on how severe the injury is, it could affect your life on a long-term or even permanent basis.
A wide range of different accidents can potentially cause a hip injury. If negligent behaviour from another party contributed to the accident and your hip injury, then you may be able to claim compensation from them. In this guide, we’ll discuss in detail how personal injury claims for hip injuries work.
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Looking for help on making a hip injury claim? You can contact UK Law for free specialist advice regarding personal injury claims. Our panel of lawyers can assist with answering any queries you may if you’re considering starting a compensation claim.
Services And Information
- Everything You Need To Know About Hip Fracture Compensation Claims
- What Is A Hip Fracture?
- Hip Joint Anatomy
- Fractured Hip Symptoms
- How Do You Get A Hip Fracture?
- Hip Fracture Compensation Claims Calculator
- How Are Hip Fractures Diagnosed And Treated?
- What Are Misdiagnosed Hip Fractures?
- Why May Hip Fractures Be Misdiagnosed?
- Limitation Periods To Claim Compensation
- I Suffered A Fractured Hip, What Should I Do?
- Claim Hip Fracture Compensation On A No Win No Fee Basis
- Contact Us For More Help
- Other Information
- FAQs On Hip Fracture Compensation Claims
Hip injuries including fractures may be the result of various types of accidents. Those can include accidents in public places, workplace accidents, road traffic accidents (RTAs) plus slips, trips and falls. Depending on the circumstances, a hip injury may just be the result of an unfortunate incident. If, however, the actions or inaction of another person or organisation that owed you a duty of care to keep you as safe as is practically possible failed and contributed to your hip injury, then it is worth exploring the possibility of getting compensated for this.
Read on to learn more about how compensation claims for hip fractures can be made. We’ll look at how accidents that cause a hip injury may happen through negligent behaviour. We will also talk about what time limits and compensation payments may be applied to hip injury claims. Types of evidence that can allow you to succeed with a hip injury claim is another subject we focus on in this guide.
A hip fracture is an injury in the form of a crack or breaks in the top of the thigh bone (the femur), near the hip joint. The femur is the only bone situated in the thighs and it’s the point of origin and attachment for many muscles and ligaments.
Hip fractures are commonly caused by a fall or another kind of severe impact on the hip. People can become more vulnerable to suffering a hip fracture as they get older. They are also more likely to experience this injury if they have certain health conditions such as osteoporosis.
The hip joint is one of the most complex joints in the body. It is crucial for stability since it supports the weight of the upper body. It is also responsible for the movement of the upper leg. The hip joint comprises two main parts. One is a ball called the femoral head at the top of the thigh bone (femur). This fits into a rounded socket (known as the acetabulum) located in the pelvis. That is why this joint is known as a ball-and-socket joint.
Hip joints are crucial for allowing for a wide range of motions and physical activities including walking, climbing stairs and squatting.
A fractured hip can lead to a range of symptoms including the following:
- Pain around the hip and/or groin area
- Inability to lift, move or turn your leg
- Inability to stand or put weight on your leg
- Bruising and swelling around your hip
- The leg on the side of your body with the injured hip may appear shorter than the other leg.
- The leg on the same side as your injured hip may turn outwards.
Not all these symptoms are guaranteed to occur if you experience a hip fracture. There may be no bruising as well. It is important to get checked and treated by a medical professional as soon as possible if you feel you may have fractured your hip.
A hip fracture can occur due to an accident that applies a lot of force on the affected hip. Certain health issues can also make a hip fracture more likely to occur. If someone has very weak bones, then a hip fracture could occur simply by standing and twisting on a leg.
The types of accidents which can cause a hip fracture include:
- Road traffic accidents
- Accidents at work (possibly involving work equipment)
- Slips, trips and falls
Health factors that can increase the risk of a hip fracture include the following:
- Your age
- Your gender. Women lose bone density faster than men do as they get older.
- Osteoporosis (a condition that weakens bones)
- Nutritional problems
- Taking certain medications long-term such as prednisone can weaken your bones.
If an accident that wasn’t your fault leads to a hip fracture, then you may be entitled to compensation for this injury. To successfully make a claim, you’ll need to prove with evidence that the accident that injured you was caused by negligence from another individual or organisation that owed you a duty of care to keep you safe. You will also need to establish a link between the negligent behaviour and the injuries you’ve suffered. Medical evidence of your injury will also be required.
If you’ve started a compensation claim for a hip fracture, then you may be asking what payout you could receive if it succeeds. The answer is it depends on certain factors. They include how severe your hip injury is and what impact it has had on your life.
You can view the table below to see estimated payouts for hip fracture claims. The different payouts reflect hip injuries at different levels of severity and how much they may impact the victim’s quality of life. The payout figures included are based on estimates provided by the Judicial College guidelines. These guidelines may be used by solicitors during a hip fracture claim to help work out the value of your injuries.
|Hip Injury - Severe||Results in spondylolisthesis of a low back joint which necessitates spinal fusion||£73,580 to £122,860|
|Hip Injury - Severe||Severe enough to cause conditions related to bone tissue around the hip||£58,100 to £73,580|
|Hip Injury - Severe||A hip fracture which leads to degenerative changes and leg instability||£36,770 to £49,270|
|Hip Injury - Moderate||A significant hip injury, but any permanent disabilities or future risks are minor||£24,950 to £36,770|
|Hip Injury - Moderate||Applies to cases where a hip replacement or other surgery may be warranted||£11,820 to £24,950|
|Hip Injury - Minor||Significant injury but little to no residual disability and full recovery may occur||£3,710 to £11,820|
Payouts for injuries such as the ones listed above compensate for ‘general damages’. All payments for injuries fall under these types of damages. You may additionally receive compensation for ‘special damages’. These types of damages refer to any financial losses which can be directly linked to your subsequent injuries.
Examples of financial losses which may be covered through special damages payments include the following:
- Any earnings you’ve lost due to having to take unpaid time off work while recovering from your hip injury.
- The cost of medical treatment needed on your injured hip.
- Travel expenses you’ve accumulated in order to receive fractured hip treatment.
If you see a doctor about pain in your hip, then they can help determine if you’ve suffered a fracture. The doctor will ask about your symptoms and examine for signs of a fracture. These signs can include redness or swelling around your hip and an abnormal position of your hip and leg.
An X-ray may also be taken to confirm that you have a fracture and show where it is located. Your X-ray may not show a fracture even though you feel hip pain. When this is the case, your doctor may arrange for you to have an MRI or CT scan. Either scan would be taken to search for a hairline fracture, which is small and difficult to spot in an X-ray result.
Treatment for a hip fracture usually combines surgery, rehabilitation and medicine. Rehabilitation usually involves some forms of physical therapy such as range-of-motion and strengthening exercises. For severe cases, you may need to spend time in an extended care facility where you’ll get assistance from an occupational therapist. Before, during and possibly after surgery, you will likely receive pain relief medication to ease the discomfort being caused by your hip.
The type of surgery required for your fracture will depend on where exactly it’s located and how bad it is. Your age and any underlying health conditions will also be taken into account. Surgery options can include the following:
Internal repair with screws
For minor fractures, metal screws may be inserted in order to hold the thigh bone (femur) together and allow for full healing. The screws may be attached to a metal plate that runs down along the femur.
Partial hip replacement
If there is significant damage or displacement of the fractured ends of your hip bone, then your surgeon may opt to remove part of your femur. In its place, a metal substitute will be installed. This type of replacement may be recommended if you don’t live independently anymore or have certain other health conditions.
Total hip replacement
Your surgeon may remove your upper femur as well as the pelvis socket to which it attaches to. Artificial substitutes (prosthetics) will be then inserted in their place. A full hip replacement could happen if your fracture is severe and it’s deemed that a replacement will benefit your quality of life in the long term.
Misdiagnosed hip fractures refer to instances where a medical professional fails to properly identify a hip fracture that a patient is currently suffering from. The medical professional may mistake your fracture for a different issue which may be considered less severe than what you actually have. As a result, there may be an avoidable delay in getting the treatment you require and your injury could end up being aggravated before you receive the correct treatment.
If you see a medical professional about symptoms of a hip fracture, if they are negligent when treating you this may cause a misdiagnosis. A misdiagnosis could also happen because a patient is not clear about their symptoms. During your visit, the medical professional is responsible for examining you, prescribing any treatments and referring you to a specialist for additional tests if necessary. If any of these stages are missed or not carried out properly, then your fracture could be missed or misdiagnosed in a way that sets you on the wrong path for treatment.
Different ways a hip fracture may be misdiagnosed by a medical professional can include the following:
- Your symptoms are not recognised as those of a fracture injury. You may be wrongly diagnosed with a strain or sprain instead.
- Your X-ray results are misinterpreted.
- Your X-ray is done incorrectly, which makes it difficult to notice a fracture.
- An X-ray is unable to show your hairline fracture and the medical professional examining you fails to arrange an MRI or CT scan for you.
You may be able to claim compensation if you’ve suffered harm because of a negligent misdiagnosis of your fracture. You must be able to show with evidence that your doctor breached their duty of care and that is what led to an avoidable injury. You can contact UK Law for free legal advice if you have been affected by a hip fracture misdiagnosis.
If you’ve suffered a hip fracture in an accident that wasn’t your fault, you may be asking how long you have to claim for this. The standard time limit for starting a hip fracture compensation claim is three years from the date the accident took place or from the date of knowledge.
In certain circumstances, the time limit may be suspended for at least a temporary period. For instance, if a child suffers a hip fracture, then the time limit for claiming does not start for them immediately. 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 put on hold if the victim lacks the mental capacity to claim on their own behalf. Like with children, a claim could be started on behalf of the victim by a litigation friend. If the victim manages to recover enough mental capacity to act on their own behalf, then the three-year time limit for claiming will become active from this point.
Have you suffered a fractured hip in an accident? Then your first priority should be getting the medical treatment you require for your injury. If you are unsure if your hip is actually fractured, but you have symptoms of this injury, then it’s still important to seek medical care as soon as possible. While receiving medical care, it is worthwhile getting evidence of your treatment if you are considering a personal injury claim. Evidence could include medical notes and discharge letters.
When you have sufficiently recovered from your injuries, then you can start gathering other evidence, assuming you wish to pursue a claim. Other potential evidence may include witness contact details, CCTV footage and photos related to your injuries and accident.
After you’ve gathered the evidence available, you may then wish to get in touch with a solicitor who can support your claim. It is preferable to hire a solicitor who has previous experience handling the type of accident that caused your injury.
If your solicitor is confident enough about your case, you can then sign a contract with them. From this point, your solicitor will guide you through all the following steps needed to complete your claim. Your solicitor may also be able to assist with acquiring evidence that isn’t already in your possession. You can contact UK Law if you have any questions about starting a hip fracture compensation claim.
At UK Law, we can advise on hip fracture claims which are made on a No Win No Fee basis. A No Win No Fee agreement is a contract signed between you and your solicitor. It means their payment is conditional on them winning your case. This type of agreement can offer you several financial benefits, including the following:
- You won’t be required to pay legal fees upfront to your solicitor.
- It won’t be required for you to pay legal fees during the process of your claim either.
- If your claim proves unsuccessful, you will not be required to pay your solicitor’s legal fees. This gives your solicitor the incentive to put a lot of effort into your case since they face extra risk.
Should your No Win No Fee claim succeed, then a small percentage of your compensation will be deducted by your solicitor. They’ll do this to cover their legal fees, but the amount they can charge is capped by law.
You are welcome to contact UK Law today for advice on making a personal injury claim. We are happy to help if you have any queries you want answering in regards to hip fracture compensation claims. Our panel of lawyers can also advise on other kinds of personal injury claims. You can contact us through the following methods:
- Using our online live chat service
- By filling in our claim online form
- With our call back form
- By calling us on 020 3870 4868
At UK Law, we have guides on a wide variety of personal injury claims, including the following below:
In this final section of our guide on compensation for hip fractures, we’ve answered some frequently asked questions on the subject.
What if I don’t know who is to blame?
You can still pursue a claim as long as it wasn’t caused by an accident which you were fully responsible for. To have a realistic chance of success, you will need to gather evidence to support your claim as soon as possible. Evidence such as witness details or CCTV footage could help to establish the circumstances surrounding your injury. You’ll also need evidence that identifies which party is at fault for your injury.
Do I need to see a doctor to get my fracture diagnosed?
If you are experiencing symptoms associated with a fractured hip, then you should get examined by a medical professional as soon as possible. They can provide a diagnosis and treatment if you have a fracture. You can also consider acquiring medical evidence from the visit if you wish to claim for your fracture.
Can I claim for another person?
In certain circumstances, you may be able to claim for a hip fracture on behalf of another person as a litigation friend. It could be possible if the person you wish to claim for is either under the age of 18 or lacks the mental capacity to act on their own behalf.
Thanks for reading our guide on how to claim hip fracture compensation.
Checked by EI.