Lucy Trevelyan LLB
NCTJ-qualified journalist
Broken Leg Claims
Does your claim qualify? Get free, no obligation advice!
A broken leg injury is serious and extremely painful. Fortunately, if you have suffered an injured leg and it was not your fault, you could claim a compensation payout from those responsible.
Leg injuries will often have some effect on your mobility, but a fractured leg is almost certainly going to put you out of action for some time.
The fact is, it’s highly unlikely a broken leg or fractured ankle has been caused by anything other than someone else’s negligence, breach of duty or criminal conduct, whether that’s following a serious car accident, a workplace accident or falling from a height.
Where someone else is responsible, it’s even harder to accept that your broken leg will probably mean a substantial period of time off work and a potential drop in wages.
Leg injury compensation can make a significant difference to the quality and length of your recovery, particularly if you’ve to undergo further surgery. It’s not uncommon to have to undergo surgery for a broken leg and, sometimes, further surgery in the months ahead to ensure your leg heals fully. Thankfully, with specialist legal help you can claim compensation that properly reflects the nature of your injury and the wider impact on your life.
So if you or a loved one has suffered a fractured leg or broken leg injury and you think someone else was to blame, you could make a no win no fee claim. With specialist advice from legally trained advisers about the personal injury claims process, call 0800 234 6438, or if you prefer, you can request a call back using the contact form here.
FACT
In 2019, fractures of the patella, tibia or fibula, or ankle were the most common fractures worldwide
Yes, if you have a good chance of winning your leg injury claim, your personal injury lawyers will be happy to take on your claim on a no win no fee claims basis. You will sign a conditional fee agreement with your solicitor and this will set out the terms of how your claim will be funded.
Essentially, there will be no financial risk to you in making your claim because you will not have any legal fees or costs to pay out if your claim is unsuccessful. And if you win, you will receive your personal injury compensation, out of which you will pay what’s known as a ‘success fee’ (up to a maximum of 25% of your total compensation). This success fee is intended to cover any legal fees.
You can start the no win no fee leg injury compensation claim process by ringing 0800 234 6438. Trained legal advisers can arrange a no obligation consultation with a specialist personal injury solicitor who will take the details of what happened and get the ball rolling. Personal injury solicitors are regulated by the Solicitors Regulation Authority – giving you peace of mind during the broken leg injury compensation claim process.
FACT
In 2019, there were 892 moderately serious fractured upper leg or pelvic injuries to those injured in road accident in Britain as formally reported; and 786 in 2020
Fractured legs and ankles are more common than you might think. In 2020, more than 1,707 road traffic accident casualties alone suffered a fractured lower leg, ankle or foot. Any broken or cracked bone – even severe crushing injuries – comes with the umbrella term of a fracture.
The bone structure in the leg itself is made up of three main bones, together with the knee and hip. The two lower leg bones – located between the knee and ankle – are the tibia (the main weight bearing bone) and the fibula. The femur is the upper leg bone – often referred to as the thigh bone. A fractured tibia is the most common of the leg bones to be fractured. There is also the kneecap (the patella) – the flat, rounded bone which helps protect the knee joint.
Few leg fractures are the same for every injured person. Most people who fracture their leg will be significant pain, but even if you’re unsure you’ve suffered a fracture – the advice is to seek medical attention as soon as possible. If a fractured leg is not treated quickly you could experience longer term problems which may never completely resolve.
Leg fractures vary from one person to another and the injured person’s age and physical condition will effect how long they will take to recover. A fractured femur is a serious and sometimes life-threatening injury and can take months to fully recover from. Elderly or physically vulnerable people may never get the full use of their leg back.
On the other hand, minor fractures (eg a cracked tibia) may only take a few weeks to heal. But whatever the nature of individuals’ leg injuries, broken leg compensation payouts will reflect the actual injury you’ve suffered and the wider impact on your life.
The most common leg injuries involving a fracture are:
Straightforward leg fractures that typically heal quickly with minimal treatment, even if it’s a complete break. Fortunately, an xray will usually reveal the fracture (the skin will not be broken) and, with a plaster cast and a few weeks’ of rest, the leg should be back to normal.
Open (or compound) fractures of the leg are significant injuries as the fractured bone actually punctures the skin, leading to an open wound. This usually causes additional damage such as torn muscles and other soft tissue and nerve damage. Open fractures are typically caused by excessive trauma, including road traffic accidents and falls from a height.
Unsurprisingly, urgent medical treatment is necessary to give the injured person the best chance of a good recovery. Surgery will be necessary to realign the bone – and metal rods and screws may be needed to hold the bone in place while it heals. The wound itself was also need to be treated, and may well need surgical cleaning to reduce the risk of infection.
It’s not unusual in this cases for further surgery to become necessary, for example if the bone is not healing correctly or to removes rods and screws. Unfortunately, this can all mean a relatively lengthy period of rehabilitation maybe necessary.
Where a broken bone in the leg is displaced, the parts of bone need to be realigned with surgery to make sure the bones heals in its correct position. This is called ‘reduction’. Displaced fractures may need rods, pins and plates inserted to ensure the bones properly heals and to the correct length.
A bone that is broken or shattered into at least three parts is known as a comminuted fracture and will probably need surgery, before a plaster cast or splint is used to immobilise the leg.
Other common fractures include greenstick fractures (mostly in children); stress fractures; and impacted fractures.
You might have been unlucky enough to have suffered more than one type of fractured bone and other injuries, becuase of someone else’s negligent or criminal conduct. To begin your leg injuries claim call 0800 234 6438, or if you prefer, ask for a call back using the contact form here.
Most leg fractures are extremely painful from the get-go so you’ll know if you have a fractured leg. If a bone actually breaks, you’re likely to have felt or heard it crack and you probably won’t be able to put any weight on it. It may become swollen or bruised at the site of the fracture and you may find that a part of your leg is ‘deformed’, such as lump or your leg is strangely bent. And you will probably be in a significant amount of pain and discomfort and could even also be experiencing symptoms of shock.
A fractured leg needs urgent medical treatment at your nearest A&E department, so it’s important to call 999 or (if you think it’s safe to do so) get a loved one to take you to your nearest emergency department.
In a few cases, you may not even realise you have a fracture. You might only have swelling and some bruising; or pain when the area is touched or pressed. Even if you think you’ve sustained relatively minor injuries, any developing symptoms that could indicate a fracture or broken bone in the leg should be checked by medical professionals.
FACT
There are 4 bones in the human leg – the tibia, fibula, patella and femur
Bone fractures, including broken and cracked leg bones, can result from any accident where excessive force is involved – whether that’s in workplace accidents, a car accident causing multiple fractures or a criminal act. Fractured or broken bones are also more likely with people who have also an underlying conditions, such as osteoporosis, but that doesn’t mean they’re inevitable.
It’s easy at times to think you are the one responsible for your injury, for example, becuase you’ve simply slipped or tripped over something that you ‘should have seen’. However, don’t assume you were to blame, it could well be that someone else should in fact be held negligent. For example, if you tripped over a poorly located trolley in Tesco, the supermarket should be held liable. The important thing is, talk through the accident with specialist personal injury lawyers who can consider the full circumstances. They will then explain who should be held responsible.
Common causes of accidents leading to broken or fractured legs include:
Are you a manual worker? A construction or factory worker or someone who works in agriculture, for example? If so, you’re at a greater risk of a workplace accident and fractured leg injuries. For that very reason, your employer has a strict legal duty of care to take reasonable risks to protect your health and safety. If they fail to protect you and you have an accident and break your leg, it’s only fair that your employer is asked to pay compensation.
Fractured legs are not uncommon on the football or rugby pitch, simply because of the very nature of these games. The fact is, any contact sports that involve close contact at high speeds creates a risk of injuries, including broken bones. Players know this and participate while taking on the risk of injury, however, organisers still have a duty to minimise that risk as far as is reasonable.
For example, a hockey player who was not provided with effective shin guards and is hit in the lower leg with a hockey stick and breaks their shin bone, should be able to claim compensation from the organiser for failing to provide protective equipment.
Gym equipment is dangerous if not used properly or if equipment is not maintained as it should be. Gym users who are unfamiliar with pieces of equipment should be initiated before the gym owner/instructor is satisfied they can use it without supervision.
Anyone who has an accident and fractures their leg or ankle while using poorly maintained gym equipment; or while trying to use a piece of equipment that they’ve not been trained to use; should have every right to claim compensation for what’s happened.
Excessive force can fracture a bone. This is known as a traumatic injury and result from, for example road traffic accidents, falls from scaffolding, sporting injuries, and tripping over an falling awkwardly.
Find out more about making an elderly fall claim.
Car accidents involve speed and excessive force. It’s not surprising that survivors of road traffic accidents often sustain broken or fractured legs and other injuries. In fact, bone injuries are the most common injury caused by car accidents. Where the accident was caused by another driver’s careless or dangerous driving, you should be able to start a compensation claim for your leg injury.
Those who are able-bodied tend to use walkways, pavements, carparks, steps and stairs without even thinking about it. After all, we should feel safe going out and about our daily lives free from worrying about falling or tripping. Unfortunately, accidents on stairs and pavements happen unexpectedly because the local authority or other organisation has failed minimise the risks to visitors.
Councils have a duty of care to keep steps, pavements etc on their land safe as far as they reasonably can. If they don’t and someone trips or slips and break a leg, the injured person could be eligible to claim compensation under public law.
If the accident took place on private property through on fault of your own, you may be able to claim compensation from the owner/occupier of the property under what’s known as ‘occupiers’ liability’ law.
Children don’t consider risk in the same way as adults, which makes them particularly accident prone. Local councils and private individuals or organisations who provide and operate children’s playgrounds and play equipment must ensure children are kept reasonably safe – or they can expect an accident to happen. Adequate and regular risks assessments should be carried out to identify whether there are any risks, and take steps to minimise them.
Their duty of care includes keeping equipment in a good state of repair and ensuring appropriate warning signs and instructions for using equipment are located clearly. If this duty is breached and a child has suffered a broken leg, an injury claim can be made.
Find out more about compensation for playground accident claims.
Child abuse takes many forms, including physical abuse which can lead to broken legs and other serious leg injuries. Sadly, fractured bones in children are more likely when very young and not yet walking. THere may be instances where a claim could be made on the injured child’s behalf (the local council, for example) if the child was allowed to remain at risk. THese cases are challenging and specialist advice from experienced child abuse injury lawyers is vital.
Bone-weaking conditions, like osteoporosis, type 1 diabetes and bone cancer, increase the risk of a broken leg (known as a ‘pathological fracture’). But having such a condition does not mean you cannot make a compensation claim if the accident occurred through no fault of your own. So long as your solicitor can prove someone else was negligence, you should have every right to claim compensation.
For free legal advice, call now on 0800 234 6438. Trained advisers can partner you with specialist solicitor who will let you know if you’re entitled to make a leg injury claim.
FACT
Osteoporosis causes more than 500,000 broken bones every year in the UK
Thankfully, fractured leg bones usually heal if treated properly from the start. That said, it’s not unusual to have a period of physiotherapy once the plaster cast is removed, to help with muscle tone and movement, but soon you’ll be back to normal.
However, significant broken leg injuries can be a different story. Complex fractures, and breaks where metal rods and screws have been necessary, can mean further surgery; scarring; issues; and deformity. You may also find you have permanent and substantial disablement – and in the worst case, you may have a significant disability (for example, a leg amputation).
If you’re left unable to walk, you could be facing the prospect of using a wheelchair. Some of the potential problems associated with fractured legs include:
Whatever the length of your recovery, be reassured that your solicitor will seek to recover maximum compensation amounts for you.
CASE STUDY
A 24-year-old worker whose leg was crushed in a workplace accident at a demolition firm in 2017, resulting in his leg being amputated, has won a multi-million pound compensation award. The award includes the costs of several prosthetic limbs to enable Damien Bundock to continued his sports and swimming
Unless you have an underlying condition, most younger and middle-aged people are not susceptible to bone fractures. But if you do have a condition (or you’re elderly) you may well be at greater risk of suffering what’s known as ‘fragility fractures’ or pathological bone fractures.
For example, conditions particularly associated with weakened bones are osteoporosis; diabetes, bone cancer/tumours; and Alzheimer’s and dementia (those with dementia patients are more likely to slip and trip).
Also, taking steroid treatment on a regular basis can have a weakening effect on the bones – particularly if you’re on a high dose or you have been on them long term.
But bear in mind that if you’re in one of the above categories and you break a leg or suffer other fractures in a no fault accident, you can still hold the other party responsible by claiming compensation.
If your fractured leg was caused by someone else, they can be held liable for the accident. The party found to be at fault is legally responsible to pay adequate compensation to the injured person.
All you have to is prove on balance (your solicitor will do this on your behalf) that the other party owed you a duty of care/was negligent, they breached that duty and your broken leg was the direct result of that breach.
Your personal injury solicitor will ask for the details of the circumstances in which the accident happened so that they have enough information to prove the party was negligent and caused your injuries. This means that you should have every right to start your no win no fee claim for compensation for negligence as soon as possible.
For free legal advice simply call 0800 234 6438, or if you prefer, you can request a call back using the injury contact form here.
Employers have strict legal duties to protect you and all other workers and employees from the risk of injury, whether that’s from broken limbs, soft tissue injury or occupational illnesses. You are protected by a raft of both general and specific health and safety rules and regulations that apply to businesses, and if the rules are breached and someone is injured, the employer can expect to face an injury claim.
For example, employers must undertake periodic risk assessments in order to identify and act on any risks highlighted. This means implementing reasonable measures to protect your health and safety, such as ensuring there are machine safety guards in place; warnings signs are put in place; and employees working on forklifts are given high visibility vests to wear.
If no warning signs are in place and a worker is hit by a forklift truck and suffers a fractured leg, there should be able to claim compensation for health and safety breaches.
The important Work at Height Regulations 2005 are an example of a specific health and safety rule which impose a duty on the employer to plan and supervise work that’s being carried out at height. This includes the need to provide proper equipment. These obligations are there to reduce as far as possible the risk of a worker falling from a height and suffering a broken leg or other serious injury.
How might your solicitor prove a breach of health and safety rules? Very often, the very fact that the incident happened causing serious injury proves that there was a breach.
To help your claim against the employer, make sure the incident and your broken leg has been formally reported to the Health and Safety Executive under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). For more information and advice and to get started with claiming compensation, call for a free consultation on 0800 234 6438. If you prefer, you can request a call back using the contact form here.
FACT
95% of major slips in the workplace result in fractured bones
Your claim will actually be against your employer’s insurance company and not the employer themselves, and this can prove very reassuring. All businesses are legally required to take out liability insurance to cover the risk of a personal injury claim. This means if you win your claim, the insurer will pay out so your employer will not be out of pocket.
Nevertheless, we know it can still be daunting thinking about making a claim, especially if you’re still working for the employer. You may be concerned about being harassed, bullied or side-lined. Most employers would not even contemplate treating their injured workers in such a way, but in the unlikely event you were treated poorly because you’re bringing an injury claim, employment laws protect you. Do talk to your solicitor if you feel you’re being treated unfairly and they can help.
There are unfortunate, often avoidable cases where a fractured leg is misdiagnosed (find out more about claiming medical misdiagnosis compensation), poorly treated or even missed completely by medical professionals. If this happened because of substandard medical care, you could make a medical negligence claim. Negligent treatment of a broken leg can mean the difference between a fully healed leg and being left with permanent disability.
If, for example, doctors should have been able to detect the fracture on the x-ray but failed to, or your broken leg was incorrectly aligned before it was put into a cast, you have the right to claim compensation for the damage caused. Other errors include where the fracture is clear from the x-ray – but your leg is not properly splinted to immobilise it.
Find out more about making hospital negligence claims.
It may also be possible for you to make a claim if the risks of your leg surgery were not properly explained. A patient cannot give ‘informed consent’ if they are not fully aware of the associated risks before giving consent. So if you’ve suffered additional pain and suffering as a direct result of not having the risks spelled out to you and you may not have given consent had you known of them, you could have a claim.
If you’ve suffered a fractured leg at work, in a road traffic accident or simply while out and about, you should be able to bring a claim against those responsible – including medical professionals who fail you when treating you. For free legal advice simply call 0800 234 6438, or if you prefer, you can request a call back using the injury contact form here.
It’s a fact of life that many people are at greater risk of leg fractures and other bone fracture injuries, whether that’s because they have cancer, osteoporosis, dementia – or they’re simply elderly. Thankfully, they have the same legal rights as anyone else who suffers a fractured leg through no fault of their own.
Under a key legal principle, known as the ‘thin skull’ rule, the person or organisation who was negligent and breached their duty of care towards the injured person is legally responsible for the harm the person suffered – even if they are more likely to suffer injury. This is hugely reassuring.
So if you or a loved one has broken their leg, don’t be tempted to assume you can’t make a claim simply because the injury was inevitable given the underlying condition. To discuss the injury and your potential compensation, just call 0800 234 6438 for a no obligation consultation with experienced personal injury solicitors. Alternatively, you can request a call back using the contact form here.
FACT
Osteoporosis causes more than 8.9 million fractures annually across the entire world
It’s simple to get the ball rolling. You just need to talk through what happened with trained legal advisers who can explain how you can start your no win no fee claim and avoid wasting money on legal fees. They can give you an initial assessment, then put you in touch with specialist solicitors who can start your claim.
For a free consultation about your broken leg injury, call 0800 234 6438 or, if you’d rather, request a call back using the contact form here.
When you talk with a specialist solicitor, they will ask you what happened and the circumstances in which the accident occurred. They will talk you through the nature and extent of the injuries you’ve suffered, as well as the wider impact on your life and your ability to work.
Your solicitor will determine who should be held legally responsible for paying your compensation and ask you to gather any information you have so that they can start to build your case. For your best chance of securing maximum compensation, your lawyers may need photographs and sketches; details of any witnesses to the accident;
Do make sure you tell your solicitor who you reported the accident to, for instance your employer or local authority. Where the police were involved, get in touch with the relevant police force and request the incident report number.
Don’t worry if you don’t have much information – your legal team will make the necessary enquiries and gather as much evidence as they can to build a robust case on your behalf. They will then try to start negotiations with the other side to agree an out-of-court settlement, bringing your claim to a fair but early conclusion.
This is not always successful, for example the negligent party may refuse to accept responsibility; or even if they do – they may be unwilling to agree a level of compensation that is acceptable to you. Thankfully, the vast majority of claims are settled out of court; but occasionally a court hearing becomes necessary. If it becomes likely you’ll have to go to court, your solicitor will be there to guide and support you and explain the process when the time comes.
The most important thing you should do if you’ve fractured your leg is to start the claims process as soon as possible. Get in touch with a legal advisor for free advice and in complete confidence on 0800 234 6438. They’ll let you know whether they think you’re eligible to make a leg injury case, and can then pass you on to a specialist personal injury solicitor.
The money that injured people receive in compensation is intended to reflect the extent of their pain and suffering (‘general damages’) and any financial losses they have suffered as a direct result of the accident (‘special damages’).
We appreciated there are many ‘unknowns’ at this point, but you can be confident your solicitor will work hard to recover maximum leg injury compensation on your behalf.
If you want to know how much compensation you could get for a broken leg, the answer is: it depends. You’ll appreciated that every broken and fractured leg injury is different, depending on the location and nature of the break, and even the age and physical condition of the injured person.
Further surgery may be needed, while in other cases the injured person is back on their feet within a matter of weeks. There may also be further injuries that you can claim for.
Because of all these unknowns, there’s no average settlement for fractured leg injuries. Your solicitor will get a fully-rounded picture of your injuries, your likely recovery and the wider impact on your life; and then calculate what would be a fair level of compensation for you. To do this, whey will refer to official guidelines, known as the Judicial College Guidelines (2022 edition) which give important guidance on what an injury is ‘worth’. For example:
For an initial idea of the compensation you could win, you could also try our compensation calculator here. However, you should take this as a guide only and not as a definitive answer to how much compensation you will win. Always talk to your solicitor about the level of compensation you deserve.
CASE STUDY
A woman who broke her ankle after falling on an uneven step at a restaurant has won £87,000 in compensation. She underwent four operations on her tibia and was off work for nine months
You are entitled to claim a separate amount of compensation to refund you for money spent as a direct result of the accident that caused your fractured leg. This includes the cost of items you anticipate having to spend in future because of your injuries. The purpose of special damages is to ensure you’re not left out of pocket. For example, you can claim:
However, the other side will expect to see evidence of your financial losses before agreeing to compensate you for them. So it’s important you pass on as much paperwork as possible to your solicitor to quantify your claim. Normally, this would include payslips, receipts and invoices.
You will need medical evidence to support your claim. Your solicitor will first obtain the initial medical notes and records from the time you first sought medical treatment for your fractured leg. Your medical records relating to your broken leg will be crucial to your claim.
In due course, you will also have a medical assessment of your leg injuries with an expert medical professional (most likely an orthopaedic consultant). The doctor will examine you, discuss your injury with you and write a medical report which your solicitor will use in evidence. The report will include details of your likely prognosis, what further treatment (if any) will be necessary, and the wider impact your injury has had on your life.
Don’t worry about how you arrange the assessment because your solicitor will do this for you. Also, there is no cost to you as this will be covered by your no win no fee agreement.
The general rule is that you have three years from the date of the accident to start your personal injury claim, otherwise you could be time-barred. There are exceptions: in the case of a child or young person under 18, they have until they’re 21 to start a claim – but it’s always best to start as early as possible while memories are fresh and witnesses can be more easily located.
If the injured person does not have mental capacity – for example, they have suffered life-changing injuries, such as brain damage – the 3-year time period does not start until they regain their mental capacity.
FACT
Approximately 70,000 people suffer a neck of femur fracture every year
To find out about the claims process, get in touch with specialist advisors on 0800 234 6438, or use our contact form and ask for a call back. You’ll be partnered with specialist injury lawyers for a free initial consultation.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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