According to the National Hip Fracture Database (NHFD), around 76,000 broken hip injuries occur annually throughout the United Kingdom, with women and older people being the most frequent casualties. And, whilst many of these cases are just due to bad luck, sometimes the accidents are a direct result of negligence.
If you sustained a hip fracture and someone else was to blame, it is possible to claim compensation against the at-fault party. Any pay-out acquired can offset the extra expenses spent on getting treatment or reimburse lost wages if the injury left you unable to work.
Are you wondering how to go about filing a claim for broken hip compensation? If so, this guide is for you. It explains the essential points that you need to know, by answering the most common questions people have on broken hip claims.
Do I Have A Valid Broken Hip Compensation Claim?
Naturally, the circumstances under which a hip fracture occurs forms the basis of whether or not you would qualify for a compensation claim.
You have a better chance of claiming a settlement if someone else acted negligently and caused your injury. Below are some examples of how hip fractures can occur and lead to a compensation claim.
1. Falling From A Considerable Height
For instance, this could happen if you were up a tall ladder and fell whilst at work. In such a case, you could bring a claim against your employer who owes you a duty of care, or even the equipment manufacturer if faulty. Negligence may be proven if your fall was due to a faulty ladder, lack of proper supervision, or not being given the correct safety gear such as ladder stays, mats, stand-offs and harnesses.
2. Blunt Force Trauma
You could sustain a broken hip if the joint gets subjected to a sudden, high-impact force. For instance, this could happen in a car collision or after a motorcycle accident (Road Traffic Accidents). If another road user caused the crash, you could be entitled to claim compensation against their insurer.
3. Falling On A Hard Surface
Falls on hard surfaces are another common cause of hip fractures. Such accidents can cause an injury when someone falls on their side. Examples may include falling in a shopping aisle, where you slipped on a wet floor that had no warning signs of the danger, in this instance you may be eligible to sue the supermarket.
Sometimes slips, trips, and falls on public footpaths can lead to a broken hip fracture. If you landed hard on a public pavement after tripping over a pothole or damaged paving slab for example, you could launch a claim against the local council.
Even if you sustained a broken hip under other circumstances not described above, you could still have a case if you believe someone else is at fault. Talking to a personal injury solicitor can help you to determine whether your case is worth pursuing.
What To Do After Suffering A Broken Hip Injury
Before you can start the process of filing a broken hip compensation claim, there are a few steps you should take to gather some evidence. Taking the following actions will help you to gather essential information about your accident and facilitate the process of filing a claim to move along efficiently.
- Take photos of where the accident took place, especially shots of anything that may have caused you to get injured. If you have difficulty standing up or moving, ask somebody else present at the scene to take the pictures for you.
- You can also try to get CCTV or surveillance videos that captured the accident as it happened. Video footage can prove that the sequence of events took place in the way that you claim.
- In the case where you suffered the hip injury at work, or in a public business establishment, make sure to have the incident recorded in the official accident log book.
- Ask anyone who witnessed the accident to email you what they saw or request for their contact details. Witness statements can be crucial pieces of evidence in compensation claims.
- Your medical records will help to prove the injuries you sustained when filing a compensation claim for a broken hip. Therefore, make sure to see your GP/Hospital for assessment and treatment.
- From medical bills to prescription receipts, keep all documentation for expenses related to the hip injury accident, as these can be reimbursed if your claim is successful.
What Can Kind Of Compensation Can I Get For A Broken Hip Claim?
Many people who make personal injury claims often think that they can only recover direct medical costs as a result of the preventable accident. However, the pay-out you can get for a hip injury compensation claim will also take into account other factors as discussed below.
Medical Costs:
You can recover the costs incurred to diagnose and treat your broken hip. Your claim can include what you spent on physical therapy, medications, or even surgery.
Travel Costs:
Even after you get discharged from the hospital to recuperate from home, a broken hip injury can require future follow up visits with your doctor. The cost of travelling to and from doctor appointments, including to foreign countries for specialised treatment that is not available in the UK, can be included in your compensation claim.
General Damages:
As with all personal injury cases, you can get compensation for the pain, suffering, and loss of amenity (quality of life) when making a broken hip claim.
Special Damages:
For instance, this can include other extra expenses related to the injury, such as improvements to your car or home for helping you adjust to mobility issues. Any loss or reducion in wages also fall under special damages.
A broken hip typically heals after 10-12 weeks, but can take longer for more severe cases. Keep in mind also that gaining full muscle strength and mobility could well take 6-months to a year. Your broken hip compensation claim can seek recovery for lost wages if the injury has left you unable to earn an income or forced you to live on reduced sick pay.
How Much Is My Broken Hip Compensation Claim Worth?
The compensation that you could receive from a broken compensation claim will depend on several factors.
For starters, the severity of the injury can have a significant impact on the final settlement amount. A minor hairline fracture that heals quickly within weeks would be awarded a smaller pay-out compared to severe injuries that require a hip replacement or those that cause lasting disability.
Secondly, the expected recovery time can affect the amount you would be entitled to, as this is often reflected in the amount of lost wages.
Other factors that will affect your settlement amount include the cost of medical treatment, emotional & mental trauma, disruptions on your daily life, and the degree of liability by the at-fault party.
Since each case is different, it would be very difficult to estimate how much someone could get for a broken hip claim without assessing their individual circumstances. A claims advisor will be able to give you some idea based on previous similar cases.
Need Help Starting Your Broken Hip Compensation Claim?
Injuries that cause a broken hip can have a substantial impact on someone’s ability to carry out daily activities or take care of other family members. Severe hip injuries can even be life-altering.
If you believe that your accident could have been prevented by someone else’s actions (or lack thereof), talk to a personal injury solicitor to find out whether you would qualify for a broken hip compensation claim. Most solicitors will consider accepting a case on a no-win no-fee basis, if they believe you have a valid claim, which means their fee will be deducted from the final settlement figure.
Be sure to discuss their terms before instructing a solicitor to act on your behalf.
To get in touch with a legal advisor for a no-obligation discussion about your case, use the form below.
