This online guide will look at what’s involved in the process of making a hip injury claim. When you’re involved in an accident where your hip is injured, recovery can be a lengthy process.
When you’ve sustained your hip injury at work, in a road traffic accident or because of an accident in public, you might be entitled to make a broken hip claim. You could be entitled to compensation if your accident was due to someone else’s negligence who owed you a duty of care.
Below, we’ll give you vital information you need to feel confident in pursuing your broken hip claim. For free legal advice, get in touch with our personal injury claims team by calling 0161 696 9685, using our online form or by chatting to us in the bottom right of this screen.
Select a Section
- How Much Compensation For A Hip Injury Claim?
- Your Injury Explanation
- Make A Hip Injury Claim For An Accident At Work
- Hip Injury Claim For An Accident In A Public Place
- Can You Make A Hip Injury Claim For A Road Traffic Accident?
- How To Calculate Personal Injury Compensation
- What Are Special Damages?
- Case Study: £85,000 For A Hip Injury Claim
- Free Legal Advice On The Value Of Your Claim
- How Do No Win No Fee Claims Work?
- Free Legal Advice For Claimants
- More Resources And Guides On A Hip Injury Claim
- Hip Injury Claim FAQs
Making a personal injury claim isn’t often the first thing we think about when we’re injured in an accident. A lot of the time, we just want to focus on getting better. But when you were injured because of an accident that wasn’t your fault, the costs of recovery shouldn’t be your responsibility alone.
You mightn’t be aware of the long term effects that your injuries can have. Maybe you’re wondering what healing might look like for you. We’ll take a closer look at what a broken hip is and what you can expect as you recover.
Whether you’re at work, on the road or in a public place, someone has a responsibility to keep you safe. We’ll talk you through what a duty of care is, and how to spot when it’s breached.
You might have found yourself searching online for answers to questions like “what is a fractured hip worth on an accident claim?”. If this is the case, our guide may answer the queries you have around how personal injury claims are valued.
Having a personal injury solicitor help with your case is not a legal requirement however they will come with huge benefits. Our guide will talk you through the benefits of a No Win No Fee agreement and how to choose a solicitor to work on your behalf.
If you’ve fractured your hip, it means there’s a break to the top of your thigh bone (femur) near your hip joint. Usually, it’s the result of injury to the side of your hip.
After you’ve fractured your hip, you’ll probably be in a lot of pain. You might notice that you’re not able to turn your leg, or that the leg you’ve injured is turned outwards. A hip fracture can also cause bruising and stop you from being able to stand, but this isn’t always the case.
If you think you’ve fractured your hip, you should call an ambulance as soon as possible. Leaving any broken bone untreated can cause complications down the line. As many hip fractures require surgery within 48 hours of the injury, it’s really important to be assessed quickly.
When you get to the hospital, doctors will assess your condition. You might be given an x-ray, MRI scan or CT scan to confirm that your hip is fractured.
Usually, hip fractures need to be treated with surgery. It’s recommended that the surgery takes place within 48 hours of being admitted to hospital. This is unless you have another health condition that should be treated first to improve the outcome of the surgery.
An internal fixation is when pins, rods or plates are screwed into the bone to hold it in place while it heals. It’s usually used if the fracture is outside the hip socket, or if it’s inside the socket but the bones are still in place.
Hemiarthroplasty is where the rounded top of the femur inside the hip socket is replaced with a prosthesis. This will usually be done if the fracture is inside the hip socket and your mobility was already reduced before the fracture.
If you were really active before your hip fracture, or if you’re suffering from a condition that already affects your joints, then your surgeon might suggest a full hip replacement. This is where the top of the thigh bone and the hip socket are both replaced with a prosthesis.
Conservative treatment is a non-surgical alternative that can sometimes be used to treat hip fractures. It’s usually only used if you’re too frail to cope with surgery, or if the fracture’s already started to heal because medical attention wasn’t sought straight away.
The amount of time you’ll spend in hospital will depend on your general health. If you’re otherwise healthy, you could find yourself discharged from hospital within days
Nobody plans to be injured while they’re in the workplace. But as Britain’s workforces lost 38.8 million working days due to work-related illness and workplace injury in 2019/20, it’s important to know your rights in the event of a workplace accident.
Slipping, tripping and falling account for 29% of workplace accidents, rising to 37% if we take into account falls from a height. If you’re involved in an accident like this that was caused by someone else’s negligence, this could be grounds for a hip injury claim.
Being struck by a moving or falling object in work can also result in a fracture to your hip. If you were hit by a moving or falling object because of someone else’s negligence, then you could be entitled to make an accident at work claim.
You might be hesitant to make a work accident claim because you don’t want your employer to end up out of pocket. Because the Employer’s Liability Act 1969 states that your employer has to have insurance for any accident at work claims made, you needn’t let this put you off from making a claim.
What Is An Employers Duty Of Care?
The Health and Safety At Work etc Act 1974 states that it’s your employer’s responsibility to take reasonable steps to ensure your safety at work. Failure to do so might mean you can make an injury at work claim.
Section 2 of the Health and Safety At Work Act outlines what your employer should be doing to make sure you can do your job safely. This includes:
- Making sure equipment is well maintained
- Providing proper training and supervision
- Equipment you need to do your job safely.
- Maintaining good housekeeping.
- Carrying out regular risk assessments
How Can This Duty Be Breached?
If you’ve been injured at work because your employer has failed to take the proper precautions to ensure your safety, this constitutes a breach of duty of care.
Tripping on something that’s obstructed a walkway, or slipping on a surface that wasn’t safe to walk on, could cause you to fracture your hip. If this is the case, you could potentially be entitled to make a work accident claim.
Part of your employer’s duty of care to you is making sure you and your colleagues are properly trained for the job at hand. If you’re injured by someone who’s using equipment that they weren’t properly trained to operate, and your hip is fractured as a result, you may be able to pursue an injury at work claim.
For free legal advice, or to talk to one of our advisers about claiming for your hip injury at work, contact our team today.
We spend a lot of our time in public, from shopping in supermarkets to walking in the park. We’d all like to assume that we can go about our business free from the risk of injury. But this isn’t always the case.
It’s up to the person in control of the space to make sure it’s fit for you to use. The person in control of a space will depend on what kind of space it is. It could be a business owner, a landlord or a local authority.
The Duty Of Care Of Those In Control Of Public Spaces
The Occupier’s Liability Act 1957 says that the person in control of a public space, the “occupier”, has a responsibility to make sure that people can use the space safely for the purpose it’s intended. This should be someone who could have reasonably predicted that the accident could happen and taken steps to prevent it.
How Can This Duty Be Breached?
Accidents in a public place can happen in a variety of ways because of a breach of duty of care. You might be in a restaurant when you slip and fall on a spill that wasn’t signposted, resulting in you injuring your hip. In this case, you may be able to make a public liability claim.
An occupier’s duty of care isn’t limited to business premises. Maybe you’ve injured yourself on a bench at a beach or public park because it was faulty, and there was nothing to indicate it wasn’t fit for use. If so, you might be able to pursue a compensation claim for a hip injury.
For free legal advice surrounding making a public liability claim, get in touch with our team today.
When you’re involved in a road traffic accident, often the main thing you’re preoccupied with is the inconvenience of the crash. But when an RTA results in a fractured hip, the effects of the injury can really take their toll.
Cyclists, motorcyclists and pedestrians are all classed as vulnerable road users. They’re more susceptible to injury in a road traffic accident. This is because they don’t have the protection that a car might offer. In 2019, vulnerable road users were injured at a rate of 11,582 per billion miles travelled.
But those travelling in cars are still at risk of hip injury following an RTA. This is especially true if another car crashes into the side of your vehicle, or if a head-on collision causes trauma to your hip.
Duty Of Care Of Road Users
The Highway Code tells us that all road users have a duty of care to ensure the safety of others. There are no allowances made if you’ve just passed your test or are an inexperienced driver, as the standard of skill and care is that of the average road user.
How Can A Road User Breach Their Duty Of Care?
A car accident claim can be the result of a number of dangerous or careless decisions made while on the road. You should make sure before you start your journey that your vehicle is roadworthy and that you know how to use all the controls.
You also need to make sure that you’re paying attention to the road. Failure to do so could easily cause an accident, resulting in a car accident claim. Driving without your full attention on the road could cause you to crash while merging. You might fail to stop when the driver in front of you does. Any of these actions could cause injury and result in a hip injury car accident settlement.
For free legal advice and to discuss your hip injury car accident settlement, don’t hesitate to get in touch with our team today.
Recovering from a broken hip can really impact what you’re able to do in your daily life for some time. So it makes sense that a part of your hip injury claim will cover the pain, inconvenience and distress that the accident caused you. This part of the claim is called general damages.
General damages are calculated based on the severity of your injury and what kind of long-term recovery you can expect. This is why when you make a hip injury claim, you’ll be invited to a medical assessment. Here, it’ll be confirmed that the injuries you’re suffering from were caused by your accident.
If you’d like to know more about claiming for a hip injury at work, in a road traffic accident or in a public place then get in touch with our team today for free legal advice.
Special damages is the part of your claim that accounts for any financial losses you’ve experienced. Being injured can be expensive, especially if you need to take time off work or pay for travel and medications.
If you’ve been seriously injured, then you might find that you have to make adjustments to your home to accommodate your injury, or that you need the help of a carer. All of these things can be reimbursed through the special damages part of your claim.
It’s really important that you keep any bills, invoices or receipts for expenses you’ve incurred because of your accident. Without proof, these costs won’t be taken into consideration when your compensation is calculated.
Circumstances Of The Accident
Matt, a chartered site engineer, was working on a construction site. He was working one day when somebody spun the arm of a crane too quickly. This caused the cargo to swing outwards and hit Matt on the side of his hip.
Matt fell to the ground in a great deal of pain. Several colleagues who had seen the accident happen called an ambulance for Matt and made sure that he kept still as he waited. After he was taken to hospital, his colleagues reported the accident in the site’s accident book.
Once at the hospital, Matt was given an x-ray and it was confirmed that he’d suffered a hip fracture. Because the fracture was inside his hip socket, and because he’d previously been very active, it was decided that Matt would undergo a full hip replacement.
Because of the impact the injury had on him, Matt decided to seek legal advice. He decided to pursue a claim for his hip injury at work.
Aftermath Of The Accident
After the accident, Matt stayed in hospital for a week. He was given physiotherapy to help him start to regain his mobility.
The pain of his hip fracture was gone immediately, but he felt a lot of soreness as a result of the operation. Matt found it difficult to walk without a crutch and had to take time off work to recover.
After his surgery, Matt wasn’t able to drive himself to and from his physiotherapy appointments. He found it really difficult to get into or out of a car. He had to rely on taxis to get to and from his hospital appointments.
Matt’s wife helped as much as she could be she could not take much time away from work. Matt hired a carer for support at home.
Matt became worried when, after around three months of recovery, his hip became painful again. The joint also felt like it was becoming loose and unstable.
He checked in again with his doctor, who advised him that the shaft of the implant had become loose in his femur. He would need to undergo surgery again to rectify this. In total, Matt had to take six months off work.
|Types of Special Damages||Includes:||How Much?|
|Travel Expenses||Travel to and from hospital appointments||£585|
|Medications/Prescriptions||Prescriptions for painkillers||£170|
|Future Loss||Loss of earnings for 6 months off work||£34,000|
|Cleaning||Cleaner over 6 months||£540|
|Additional Care||1 week of care after each surgery||£700|
We can see from the table above that the special damages associated with Matt’s claim were valued at £35,995. Add this to the general damages for the type and severity of Matt’s hip injury and we can see that the claim was settled for £85,265.
Matt’s case is purely an example. It is based on past personal injury cases and is illustrative of how compensation is calculated.
You might find yourself searching online for questions like “how much is my hip injury worth?”. Searches along these lines will often bring up personal injury claims calculators. These kinds of calculators often don’t collect enough information to give you an accurate valuation of your claim.
When you contact our team to chat to one of our knowledgeable advisers, it means we can get more information on your case. For free legal advice, and to be put in touch with our panel of personal injury solicitors, get in touch with us today.
If you decide that you want a solicitor to represent you it might be a good idea to look for one that offers No Win No Fee agreements. They entail the following;
- You’ll never be asked to make a payment upfront to your solicitor
- If your claim isn’t successful, you won’t need to cover the solicitor’s costs
- If you do succeed in claiming compensation, a success fee will be taken from your compensation. Don’t worry, this is legally capped.
If you’re interested in pursuing a claim for your hip injury, or if you’d like free legal advice, you can
- Call us on 0161 696 9685
- Write to us using our online form
- Use the live chat feature on the bottom right of this screen
- How do I report an accident at work?
- NHS guide to a hip fracture
- Accident at work claims
- Advice on hip injury claims
- Your rights after an accident at work
Can you drive after a hip replacement?
This will depend on a number of factors. Best to ask your doctors advice.
Can you fracture your hip and still walk?
Again this will depend on different factors.
Can a hip fracture heal without surgery?
Surgery is the preferred treatment for a broken or fractured hip. Your doctor might decide against surgery if they feel you’re not able to be operated on, but it will increase your recovery time.
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Published by AL.