A fracture to any bone in your body can be an unpleasant experience. But a fracture to your tibia, no matter what the severity, can cause great inconvenience to your daily routine. Not to mention the physical distress it could also cause you. If you’ve suffered a fractured tibia injury during an accident that was not your fault, you could be owed compensation.
This article aims to explain how you might be able to achieve that. We shall provide an example case study describing a £17,500 compensation payout for a fractured tibia injury, and discuss how your claim could be calculated using the two heads of compensation; general and special damages.
Finally, we’ll talk through how the process for making a compensation claim works, and how you could benefit from the help of a No Win No Fee personal injury solicitor. If you’d like to take advantage of our free legal advice at any point, you can reach our team by calling 0161 696 9685. Alternatively, you can write to us using our online contact form, or via our Live Chat feature at the bottom of this page.
If you were injured at work, in a public place or during a road traffic accident due to third-party negligence, get in touch with our team today! We’re available 7 days a week, 24 hours a day.
Select a Section
- A Guide To Claiming Compensation Payouts For A Fractured Tibia Injury
- What Is A Fractured Tibia Injury?
- How Can You Suffer A Fractured Tibia Injury At Work?
- Fractured Tibia Injury In A Public Place
- How Can You Suffer A Fractured Tibia Injury In A Road Traffic Accident?
- Breakdown Of How Personal Injury Compensation Is Calculated
- What Are Special Damages?
- Case Study: £17,500 For A Fractured Tibia Injury
- Get Free Legal Advice For Your Claim Value
- Simple Explanation Of How No Win No Fee Solicitors Work
- Get Free Legal Advice From Our Experienced Team
- More Resources And Guides On Fractured Tibia Injuries
- Fractured Tibia Injury FAQs
When beginning your personal injury claim journey, it’s helpful to have a good understanding of the following things;
- Firstly, what your injury is.
- Secondly, the full extent of your injury.
- Thirdly, what type of treatment you will undergo.
- And by no means least, what recovery period you may be looking at.
You also must be able to prove that the accident you suffered your injury in, whether it be at work, or in a public place or maybe during a road traffic accident, only happened due to a breach in the duty of care. Therefore, If you’re unsure what duty of care means, we will be discussing it in more detail below.
You also may be wondering how much your fractured tibia injury could be worth in regards to compensation. Online personal injury claims calculators may seem like an excellent way to figure this out. However, below we shall explain how you may get a more accurate estimate of your final settlement.
The tibia (also known as the shinbone) is the longest and strongest bone in your lower leg. Your tibia is responsible for the strength in your legs, as it connects to your knee and your ankle bones. Any fracture level to the tibia could very quickly, and painfully, reduce your mobility temporarily, which could cause disruptions to your everyday life.
Even the most minor tibia fracture could take a while to heal fully as for the recovery period. However, for a moderate break, you could be looking at a 6 to 8 week recovery time, according to the NHS. For a more severe break, it can take anywhere between 3 to 6 months to heal fully. It’s important to note that your break’s severity would factor into the amount of fractured tibia compensation you could claim for.
Falling from a height, slipping on a spillage that isn’t correctly signposted, tripping over something left hazardously in a walkway; these could all contribute to you suffering an injury while at work and could be the basis for a compensation claim. According to the Health and Safety Executive, the latest government statistics show that slipping and tripping on the same level are the single most common cause of non-fatal injuries in Britain’s workplaces.
What Is An Employer’s Duty Of Care?
Under the Health and Safety at Work etc Act 1974, it is an employer’s responsibility to provide the safest possible working environment for their employees. This means taking adequate measures to remove any potential risks to your health and safety. If you’ve suffered a fractured tibia injury while at work, and you believe it happened due to your employer’s negligence, you could claim personal injury compensation.
How Can My Employer Breach Their Duty Of Care?
If your employer does not provide you with sufficient training for your job, adequate Personal Protective Equipment (PPE) or carry out regular risk assessments, this could potentially mean they’ve breached their duty of care to you. But this would ultimately depend on individual circumstances.
If you believe this to be the case, you must be able to prove it. Making sure to log the incident in your company’s accident book as soon as possible is a good start. If you can get photo evidence of your accident and collect the names of any eyewitnesses, this could go a long way in ensuring you win the compensation you deserve.
If you suffer a fractured tibia injury in a public place during an accident that was not your fault, it could be challenging to determine who had a duty of care to you. Essentially, the liability falls to the person responsible for making sure that space is safe for public use.
For example, if you’re in a shop, bar or restaurant, the responsible party may be the business owner. If you were injured in a public park or beach, the local authority or council might be the party in control.
The Duty Of Care Of Those In Control Of Public Spaces
Regarding the duty of care owed to you while in a public place, this is outlined in the Occupier’s Liability Act 1957. The occupier in charge of that area should have complete control over their premises, ensuring they can take reasonable steps to remove any risks or hazards to the general public. They should also be able to predict and therefore prevent any danger overall reasonably.
How Can This Duty Be Breached?
Some of the potential causes of a fractured tibia injury in a public place could include;
- Slipping on a spilt substance in a supermarket that isn’t signposted.
- Tripping over broken pavement or overgrown tree roots in the streets.
- Using unmaintained, faulty equipment in a gym or a park.
- Tripping over a loose maintenance hole cover or grate.
If you fractured your tibia in a similar scenario, you could potentially pursue a public liability claim for your injures. Alternatively, you can get in touch with us today to discuss the details of your no-fault accident in a public place.
You may be one of the safest drivers on the road. Unfortunately, this does not mean you’re protected from being involved in a road traffic accident. You have to take into the account driving of other road users also. Suppose you’re involved in a head-on collision or someone else crashes into the side of your car, this could very well cause you to suffer a fractured tibia injury.
Pedestrians, cyclists and motorcyclists are possibly most vulnerable when it comes to road traffic accident injuries. They aren’t protected by the outer shell of a vehicle like other road users. Therefore any kind of impact to them could result in more severe injuries. According to The Royal Society for the Prevention of Accidents (RoSPA), there were 17,550 cyclists casualties on the roads in 2018. 99 of those tragically ended fatally.
Duty Of Care Of Road Users
The Highway Code outlines what is to be expected of us as road users and what we can do to ensure our safety and that of others.
It is the responsibility of every road user to make sure that their actions or inactions do not pose a risk to others on the road, as much as reasonably possible. We must also consider that not every road user will adhere to this responsibility as diligently as we would ourselves.
How Can A Road User Breach Their Duty Of Care?
Not every road user will take their duty of care seriously. If you’re behind the wheel of a vehicle, you must give your full attention to the road at all times. Failure to do so could result in disastrous consequences. Ways in which somebody could breach their duty of care to you on the roads include:
- Driving under the influence of drugs or alcohol.
- General reckless driving.
- Texting or talking on the phone while driving.
If you’ve suffered a fractured tibia because somebody breached their duty of care to you while using the roads, you could have grounds to launch a road traffic accident claim. Get in touch with our team today to discuss your options or free legal advice.
If you’re seeking compensation for a fractured tibia injury that was not your fault, you may be wondering what should be included in your claim. When it comes to a personal injury claim, there are two heads of compensation you could be seeking. These are known as general damages and special damages.
We’ll discuss special damages in further detail below. General damages are what your lawyer, if you chose to appoint one, would seek to cover any pain and suffering you’ve experienced because of your no-fault accident. This includes both physical and psychological distress.
To get the most accurate valuation possible, you’ll be asked to attend a medical assessment. This is a vital step if you wish to give yourself the best chance of winning the maximum amount of compensation owed to you.
During the assessment, a doctor will thoroughly check over your injuries. By doing this, they’ll be able to confirm that your injuries were caused by your accident and not a pre-existing medical condition. You’ll also be given an idea of how long it may take you to recover.
To discuss how your compensation could be calculated further or general free advice, give our team a call today.
The other side of a compensation claim is special damages. Whereas general damages aim to cover physical and mental anguish, special damages take into account any financial loses you may have incurred because of your injury.
If you’ve had to pay for medicine, physiotherapy or to use public transport as a way to get to and from appointments, your personal injury solicitor will try and win this back for you. Depending on the severity of your injury, you may have needed some extra help during your recovery. Whether this was from family or friends (known as gracious care) or from a professional carer, these costs could also be reimbursed to you.
You must be able to prove all out of pocket expenses. Keeping a record of invoices and receipts will go a long way in helping you win special damages. Without a record, it could make winning back these costs very difficult.
Lisa Parker’s Accident
Lisa Parker is a 40-year-old sales assistant in a popular chain supermarket, where she had worked for 7 years. She was a dedicated and diligent worker, with barely any sick days on her record and a regular shoppers’ favourite. She liked to keep busy and was always the first person to volunteer for extra shifts when needed. However, amid the Christmas rush, this would turn out to have drastic consequences.
In the middle of a particularly busy Saturday, a Christmas shopper dropped a jar of green pitted olive in brine, which caused it to hit the ground and smash open. The shopper did alert a staff member but due to the busy store, the spillage was not cleaned or recorded.
Mrs Parker, who was busy helping a shopper with their food list, was unaware of the incident. So, as she rushed down the very same aisle, she came into contact with the liquid and fell front-first to the ground hitting her leg into some shelving. Immediately she was overcome by excruciating pain which seemed to be emanating from her lower leg.
She was soon rushed to the hospital and was informed that she had suffered a fracture to her right tibia. Mrs Parker was distraught. Although she wasn’t yet aware of how this would affect her everyday life, she worried about how this may affect her workability.
After talking through the incident with her husband, Mrs Parker felt frustrated by the idea that she had been caused to suffer due to an that could have very easily been prevented. Because of this, she sought the help of a No Win No Fee personal injury lawyer who agreed to take on her case.
Mrs Parker gathered all the evidence she needed for her case. Thanks to her lawyer’s support throughout, She was eventually awarded a £17,500 compensation payout for her fractured tibia injury. She no longer had to worry about her finances, she felt she could finally focus on recovering and one day getting back to work. Below is a table that shows how Mrs Parker’s payout was calculated;
|General Damages||Special Damages|
|Awarded a total of £10,850 a simple fracture of the tibia or fibula with a complete recovery||Loss of earnings - £4,000|
|Care costs - required help and support from family members for a total of 8 weeks - £500|
|Travel costs to appointments -£150|
|Extra rehabilitation costs - includes physiotherapy - £500|
|Cancelled trip £1500|
This case study is purely an example. It is not based on actual events. It serves to illustrate how the expert advice of a No Win No Fee personal injury solicitor could help you win compensation for your injuries.
We understand you may be eager to find out how much your claim could be worth. This may lead you to search for personal injury claims calculators online. Online calculators don’t account for all the unique details of your personal injury claim, and the results they give you could lead to disappointment.
This is why we suggest getting in touch with our knowledgable team of advisors. We offer an initial free no-obligation consultation, so there’s no pressure to continue with your claim if you decide not to. We also provide free legal advice and access to our own panel of No Win No Fee personal injury solicitors.
To take advantage of our claims valuation service or any of the benefits mentioned above, get in touch with us today.
You may have heard the phrase No Win No Fee before, but what exactly does it mean? If you’re struggling financially, a No Win No Fee agreement could be an excellent route to take. It allows you to work with a personal injury solicitor with regardless of your finances. Other benefits include:
- Nothing to pay upfront to your solicitor.
- Nothing to pay your solicitor while your case is ongoing.
- If your case is unsuccessful, there’s nothing to pay your solicitor at all.
- If your case wins, you only have to pay the success fee.
- Expert legal advice and support throughout.
Many people may become suspicious at the mention of a ‘success fee’.Allow us to assure you; it’s a nominal fee which is capped law. It will also be taken straight out of your compensation payout, leaving the bulk of it to you.
To learn more about No Win No Fee or general free legal advice regarding a fractured tibia injury, get in contact with our team today.
Have you suffered a fractured tibia injury during an accident which was not your fault? Contact our advisors today to discuss your options. You can do this by:
- Calling us on 0161 696 9685.
- Writing to us using our online contact form.
- Messaging us directly using our Live Chat feature.
Can you still walk with a fractured tibia?
You should seek medical advice immediately if you have fractured your tibia,
How long does it take for a fractured tibia to heal?
Recovery from a tibia-fibula fracture typically takes about three to six months for a moderate break.
How serious is a tibia fracture?
It will all depend on the severity of the actual fracture.
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Published by AL.