Pelvic Fracture Compensation Claims In The UK
Have you been involved in an accident caused when someone who owed you a duty of care acted negligently? Did you suffer from a pelvic fracture as a result of this negligence? If so, you could be eligible to claim pelvic fracture compensation. This guide will take you through the process of claiming for injuries caused by a breach of duty of care.
Pelvic Fracture Compensation Claims In The UK
A fracture to the pelvis can be a serious injury. The pelvis is situated between the spine and the legs. As a result, injury to the pelvis can cause difficulty while walking.
In serious cases, there may be long-term implications of a pelvic fracture that affect your quality of life for years to come. And if your pelvic fracture was caused by the negligence of someone who owed you a duty of care, you could be owed compensation.
Get In Touch With Our Team
If you still have questions when you finish reading this article, then get in touch with our team of advisors on the following methods. They can answer questions about issues touched upon on this page. They also may be able to connect you with a personal injury lawyer from our panel if they feel your claim has a good chance of success.
Services And Information
- Everything You Need To Know About Pelvic Fracture Compensation Claims
- What Is A Pelvic Fracture?
- What Are The Parts Of The Pelvis?
- Pelvic Fracture Symptoms
- What Causes A Pelvic Fracture?
- Pelvic Fracture Compensation Payout Calculator
- How To Treat A Pelvic Fracture Correctly
- What Are Misdiagnosed Pelvic Fractures?
- Why Bone Fractures May Be Negligently Misdiagnosed
- How Long After An Injury Could Your Claim Damages?
- What Steps Can You Take After Breaking Your Pelvis?
- Claim Pelvic Fracture Compensation On A No Win No Fee Basis
- Related Guides And Services
- FAQs On Broken Bone Compensation Claims
In this guide, we will look at the process of claiming compensation for a pelvis fracture. To begin with, we will look at what a pelvis fracture is and the kind of symptoms that an injury of this nature can cause. We will also look at the treatment available for these injuries.
In order to claim compensation, it is not enough that you are injured. You need to show that your injuries were caused by the negligence of someone who owed you a duty of care. We will look at the duty of care owed to you in different circumstances.
You may be wondering how your compensation will be calculated. We have included a section on the different types of damages that can be included in a claim and how a claim is valued.
We will also look at the time limits associated with claims of this nature and the exceptions that can apply. Furthermore, we will look at No Win No Fee agreements and how they can help fund legal representation.
Read on to find out more about the different circumstances in which you could be entitled to make a claim for compensation, and how you can do so. Alternatively, feel free to get in touch with our team for more information or to start your claim today.
A pelvic fracture is when the bones of the pelvis are broken by the force of an impact, such as a car accident or a fall. There are two main kinds of pelvis fractures; stable fractures, and unstable fractures.
Stable fractures are fractures that consist of a single break in the pelvic ring, with limited bleeding. The broken bones are usually lined up, meaning the “ring” of the pelvis is intact.
Unstable fractures can be much more serious. This is a form of fracture in which multiple pelvic rings are broken in different places and where the ends of the broken bone move away from one another. Unstable fractures carry the risk of internal organ damage because the broken ends of the bone are able to pierce organs, arteries and veins.
The pelvis is made up of multiple component parts. It is at the base of the spine, connected to the legs at the hips. It protects and supports internal organs, including the intestines, the bladder, and the rectum.
The pelvis is roughly butterfly-shaped. Its multiple parts include the pubis, which is the most forward-facing of the three pelvic bones. The Ilium is the broad bone that forms the upper part of each half of the pelvis, and the ischium forms the lower and back part of the hip. The pelvis attaches to the top of the femur and consists of the hip joint, which allows the leg to move.
Pelvic fracture symptoms might exhibit themselves in pain in the lower abdomen and groin area. You might feel numbness, tingling, or pain in the legs, particularly when moving or standing up. A pelvis fracture could also prevent you from using your legs to walk or stand altogether. Some people might experience difficulty in urinating as well as bleeding from the urethra or the rectum.
Some other symptoms of a broken pelvis include pain and swelling. You may notice that the pelvis is shaped differently from how it normally is. In some cases, you may feel or hear the bones breaking as the injury occurs.
If you suspect you’re suffering from a fractured pelvis, you should seek medical attention right away. Failure to have this fracture treated could result in long-term problems with your pelvis.
A pelvis fracture can be caused by an accident that causes a severe force to impact the pelvis. A pelvis fracture could be inflicted by a high-speed car accident or motorcycle accident. You may also experience a pelvic fracture if you fall from a height, for example, while working, or when operating heavy machinery that malfunctions.
When you’re in public, a slip or fall could be the result of a breach of duty of care. If the person in control of this space fails to adhere to the guidance set out in the Occupiers’ Liability Act 1957 and you trip over a loose floor tile, causing you to break your pelvis, you may be eligible to claim.
If you can show that your injury was caused by a breach of your employer’s duty of care, you may be able to claim compensation. For instance, if your employer gave you a faulty ladder that caused you to fall and break your pelvis, this could be a breach of the Health and Safety at Work etc. Act 1974.
Similarly, you may break your pelvis in a car accident caused by another driver failing to follow the rules set out in the Highway Code. For instance, another driver may be travelling over the speed limit and overtake you dangerously. This could result in them crashing into your vehicle and damaging your hip.
When you claim compensation for a fractured pelvis, your compensation may be made up of two heads; general damages and special damages.
General damages are the part of your compensation that takes into account your injury itself and the impact it has had on your quality of life. To determine the value of general damages, you will usually be invited to a medical assessment with an independent expert.
Here, they will determine that your injuries were caused by the accident and how they expect your recovery to progress. They’ll detail their findings in a medical report. This report will be used alongside guidelines from the Judicial College to help value your claim.
Below, we’ve illustrated some of the compensation brackets from the Judicial College Guidelines for injuries of this nature.
|Severe fractures to the pelvis (i)||£73,580 to £122,860|
|Severe fractures to the pelvis (ii)||£58,100 to £73,580|
|Severe fractures to the pelvis (iii)||£36,770 to £49,270
|Moderate pelvis injury (i)||£24,950 to £36,770|
|Moderate pelvis injury (ii)||£11,820 to £24,950|
|Pelvis injury that recovers in two years.||£3,710 to £11,820|
|Minor soft tissue injuries to the pelvis||Up to £3,710|
Special damages are the part of your compensation that takes into account the financial losses you’ve experienced. These can include:
- Loss of earnings from time spent unable to work
- The cost of plans and engagements that were cancelled
- The cost of medical care not available on the NHS
- Fuel and parking costs for medical appointments
To claim back compensation for monetary losses, you will have to show proof of them. This can range from invoices and copies of contracts to receipts and tickets from purchases you have made.
If you would like to know more about what can be included in a claim, why not get in touch with our team? They can collect the details of your case and provide an estimate as to how much they think you could be owed.
If you have broken any bone, including suffering from a pelvic fracture, you should seek medical attention right away. Failure to do so could result in serious long-term implications.
Sometimes, plates and screws might be attached to the pelvic bones to keep the bones in place as they heal, known as internal fixation. In some cases, a metal frame may be constructed initially to keep the parts of your pelvis in position. This will usually be swapped to an internal fixator once you’re stable enough for this.
In some cases, it’s not possible to repair a fracture to the hip. In these cases, you may be offered a total hip replacement. This is usually performed under general aesthetic
Misdiagnosis is when a doctor fails to find and locate a medical condition. A misdiagnosis could occur through the outright failure to detect an injury, diagnosing the injury as something else, failing to spot the full extent of an injury, or failing to diagnose an injury within a reasonable amount of time.
A misdiagnosis is not always an example of medical negligence. To be considered negligent, the care you received would have fallen below the standard expected of the profession. To determine whether this is the case, the court will usually administer the Bolam test.
The Bolam test is where a panel of the doctor’s peers are asked if they would have acted in the same manner if presented with the same situation. If they confirm that they would have, the doctor’s actions will not be considered negligence. However, if the panel of peers advise that they would have acted differently, then this may be an example of medical negligence.
A number of different types of medical negligence could potentially lead to a misdiagnosis of a broken bone. The following circumstances could all be examples of negligent medical practices. A misdiagnosis resulting from a doctor failing to adhere to the standards of their profession could entitle you to make a claim for medical negligence.
Some actions which may be classed as medical negligence include:
- Failing to spot the outward physical symptoms of a fracture
- Not conducting a thorough examination of the patient
- Failing to order X-rays, CT scans, or MRI’s
- Misinterpreting the results of a scan
- Misplacing the results of a scan or a test
- Not referring a patient to a relevant specialist where it would have been appropriate to do so.
You could be entitled to medical negligence compensation if situations like this have caused you to suffer more than you would have been if the injury was diagnosed. You can get in touch with our team of advisors if you would like to know more about whether or not your doctor may have engaged in a negligent misdiagnosis.
You cannot wait indefinitely to make a claim; there is a time limit. The time limit is generally three years from the date of the accident, or the date you became aware that your injuries resulted from negligence. However, there are some exceptions.
For instance, if you are under 18 when the accident occurs, then the time limit is suspended. While you cannot make a claim on your own behalf while underage, a litigation friend can claim for you up until you turn 18. Once you turn 18, you will have until your 21st birthday to claim on your own behalf.
Similarly, a litigation friend can claim on behalf of someone who lacks the mental capacity to do so themselves. If the injured person regains their mental capacity, then the time limit will restart. Otherwise, it remains suspended.
The first step should always be to seek medical attention before you do anything else. In some cases, this will involve calling 999 in order to receive immediate medical care. Not only will this provide evidence to support a future claim, but it will make sure that you receive the treatment you need.
There are certain things that you can do that could improve your prospects of making a successful claim. These could include:
- Taking photos of the scene of the accident
- Making sure the incident is logged in the accident book (if the injury occurred in a workplace or a business.)
- Checking to see if there were any CCTV cameras that may have captured the incident
- Asking bystanders and witnesses to provide their contact details so that they can provide a witness statement
You should also collect evidence as to any financial losses you have experienced as a result of your injuries. For instance, you may want to keep hold of any bills you receive for medical expenses or receipts for fuel and parking when attending medical appointments.
If you’d like to know more about what steps you should take in anticipation of a claim, why not get in touch with our team? Our friendly advisors will be happy to let you know what you need to do to be in the best position to claim.
You may decide to pursue legal representation when making a claim for a fractured pelvis. Not only could you possibly receive more money from your claim when doing so, but you will also benefit from the guidance and support of an expert. However, you may be worried about the cost that’s often associated with hiring a lawyer.
When you make a claim with a No Win No Fee agreement, it means that you won’t be asked to pay anything to your solicitor upfront or while your claim is ongoing. Your solicitor also won’t ask you to cover their costs if your claim is unsuccessful.
The only time they will request payment is if your claim is successful. In this instance, they will deduct a small success fee from your compensation. This is legally capped and ensures that you’re always awarded the majority of the compensation you’re awarded.
If you’d like to know more about claiming on a No Win No Fee basis, you can call us on 020 3870 4868, or you could fill in our contact page. A third option is to message our team through our live chat.
When could I claim an interim payment?
An interim payment is a payment made to the claimant before the claim is settled. You may request an interim payment if, for instance, liability has been decided but the claim hasn’t been valued, and you need money for medical treatment in the meantime. Requests for interim payments must be reasonable and for a lower value than the overall settlement amount.
What happens if a fracture is missed?
If a fracture is not spotted or is misdiagnosed then the injured person may not receive the treatment they need. This could result in them suffering adverse long-term effects that they otherwise wouldn’t have if the injury had been dia
When could I be eligible to claim compensation?
You could be eligible to claim compensation if you have experienced an injury as the result of the negligence of someone who owed you a duty of care. Get in touch with our team today to see if you could claim.
Could I claim for injuries to a child?
If the injured person is under 18, then a litigation friend can claim on their behalf while they’re still underage. This can be a parent, solicitor or a family friend. Once the child turns 18, they have 3 years to make their own claim provided that one hasn’t been made already.
Thank you for reading our guide on pelvic fracture compensation.
Guide by KL
Checked by NC