Broken bone compensation is money a claimant can recover through a personal injury claim when a fracture was caused by someone else’s negligence, covering pain and suffering (general damages) plus financial losses such as lost earnings, treatment and care (special damages). Emaari Legal handles serious and complex fracture claims across England and Wales.
Emaari Legal specialises in serious and catastrophic injury, so this page focuses on complex, multiple and surgically treated fractures rather than minor, single hairline breaks that resolve quickly without lasting effect. If your fracture required surgery, left you with reduced movement, or happened alongside other injuries, the guidance below explains how a claim works and what to expect.
What is broken bone compensation?
Broken bone compensation is the sum a claimant recovers when a fracture results from another person’s or organisation’s breach of a legal duty of care. It is assessed under two heads of damage: general damages for pain, suffering and loss of amenity, and special damages for the financial cost the injury has caused.
General damages are valued by reference to the Judicial College Guidelines, which set out ranges for different injury types and severities. A tribunal or negotiation considers the location of the fracture, whether it was simple or displaced, whether surgery was required, and any lasting impairment such as reduced grip strength, restricted mobility or chronic pain.
Special damages compensate the practical cost of the injury: loss of earnings during recovery, the cost of private treatment or physiotherapy, travel to appointments, care provided by family members, and adaptations to a home or vehicle where a fracture has left permanent restrictions. A claim totals both heads to reach the overall value.
What are the legal requirements for a fracture compensation claim?
A fracture compensation claim requires proof that a defendant owed the claimant a duty of care, breached that duty through an act or omission, and that the breach caused the fracture. This is the standard test for negligence under the law of England and Wales, applied whether the fracture happened on the road, at work, or in a public place.
Establishing this typically requires medical evidence linking the fracture to the incident, witness accounts, and, where relevant, accident reports, CCTV or employer records. A solicitor gathers this evidence, instructs medical experts to report on prognosis, and negotiates with the defendant’s insurer or, where necessary, issues court proceedings in the County Court or High Court.
Emaari Legal is authorised and regulated by the Solicitors Regulation Authority and holds the Law Society Personal Injury Accreditation, a specialist credential confirming the firm meets defined standards in personal injury casework. Emaari is also a member of the Motor Accident Solicitors Society, relevant where a fracture results from a road traffic collision. The firm acts only for claimants: injured people and bereaved families, never for defendants or insurers.
Where a fracture happened at work, the claim is assessed against the duties enforced by the Health and Safety Executive, including the employer’s duty to assess risk and provide safe equipment. The claim itself follows the Civil Procedure Rules’ Pre-Action Protocol for personal injury: a letter of claim, the insurer’s response period, and the exchange of evidence before any court step.
What types of broken bone and fracture claims does Emaari Legal handle?
Emaari Legal handles complex, multiple and surgically treated fractures, not minor single breaks that heal without lasting effect. The distinction matters because case value and recovery time differ substantially between injury types.
| Type of fracture | What it involves | Relevance to a claim |
|---|---|---|
| Simple (closed) fracture | Bone breaks cleanly, skin intact, straightforward healing | Usually falls outside a serious-injury specialism if recovery is short and complete |
| Displaced or complex fracture | Bone breaks into multiple fragments or moves out of alignment, often requiring surgical fixation with plates, pins or screws | Within scope: longer recovery, higher treatment costs and lost earnings |
| Open (compound) fracture | Bone breaks through the skin | Within scope: infection risk and extended rehabilitation increase claim value |
| Multiple fractures | Two or more bones broken in a single incident | Within scope: a claim considers the combined effect on daily life, care needs and earning capacity, not each break in isolation |
| Fracture with nerve, ligament or joint damage | Break affects surrounding soft tissue or joint function | Within scope: may cause chronic pain, restricted movement or, in the most severe cases, lead to consideration of amputation and limb loss claims where a limb cannot be saved |
Multiple fractures compensation reflects the cumulative impact of several breaks rather than treating each bone separately. Two broken bones from one fall, for example, often mean a longer hospital stay, a slower return to work and a greater need for care at home, all of which increase the special damages element of a claim.
Road traffic fractures caused by an uninsured or untraced driver are brought through the Motor Insurers Bureau, and where a severe fracture leaves a claimant unable to manage their own affairs the Court of Protection can appoint a deputy to manage the award.
How much compensation can I claim for a broken bone?
Broken bone compensation amounts depend on the severity of the fracture, the treatment required, and the financial losses it has caused. Emaari Legal does not quote figures before assessing a case, because two fractures of the same bone can carry very different value depending on displacement, surgical intervention and long-term outcome.
Future financial losses, such as ongoing care or a reduced earning capacity, are calculated with the actuarial Ogden Tables, and any state benefits recoupable under the Compensation Recovery Unit rules, set up under the Social Security (Recovery of Benefits) Act 1997, are accounted for before payment is made.
Factors a solicitor and any medical expert will consider include:
- Whether the fracture was simple, displaced, comminuted (broken into several pieces) or compound
- Whether surgery, plates, pins or external fixation were required
- The length of time in a cast, sling or on crutches, and any hospital stay
- Whether the fracture has healed fully or left permanent stiffness, weakness, deformity or chronic pain
- Whether the claimant developed complications such as complex regional pain syndrome (CRPS)
- Loss of earnings, including any change to future earning capacity if the claimant cannot return to their previous role
- Care provided by family or professionals during recovery, and the cost of rehabilitation
Cases involving multiple fractures, fractures requiring several surgeries, or fractures that leave lasting disability are generally valued higher than a single, well-healed break, reflecting greater pain, longer recovery and larger financial losses. Where a fracture is one of several serious injuries from the same incident, it forms part of a wider claim assessing all injuries together, rather than being valued on its own.
Where a fracture or its complications prove fatal, the family’s claim continues under the Fatal Accidents Act 1976 with its own time-limit rules.
What is the time limit for a fracture compensation claim?
A broken bone compensation claim is generally subject to a three-year time limit under the Limitation Act 1980, running from the date of the accident or from the date the claimant became aware the injury was linked to someone else’s negligence.
| Circumstance | Time limit |
|---|---|
| Standard personal injury claim | 3 years from the date of the accident or date of knowledge |
| Claim on behalf of a child | 3 years from the child’s 18th birthday |
| Claimant lacking mental capacity | Time limit may not run while the claimant lacks capacity |
| Fatal accident claim | 3 years from the date of death, subject to exceptions |
| Criminal Injuries Compensation Authority (CICA) claim | 2 years from the date of the incident |
Missing the relevant deadline can prevent a claim proceeding at all, so early advice matters, particularly where a fracture has required prolonged treatment and the claimant has not yet considered a claim.
Is my broken bone serious enough to claim?
A broken bone is generally treated as a serious injury when it requires surgical intervention, causes lasting impairment, or occurs alongside other significant injuries. Emaari Legal’s specialism is serious and catastrophic personal injury, so the firm’s focus is on fractures with real clinical and practical consequences rather than a straightforward break that heals without complication.
Signs a fracture may fall within a serious injury claim include:
- Surgery was needed to set or stabilise the bone
- The fracture was open, displaced, or comminuted
- More than one bone was broken
- Recovery has taken, or is expected to take, several months or longer
- The claimant has been left with reduced movement, grip, weight-bearing ability or chronic pain
- The claimant has needed time off work, care at home, or home adaptations
Where a fracture is a single, simple break with a short, complete recovery, it is more likely to sit within the whiplash and minor-injury small-claims tier, which Emaari Legal does not handle.
Recovery is tracked with the treating team, and where the fracture affects the ability to work an Occupational Health assessment often shapes the return-to-work plan. Treatment standards follow the guidance of bodies such as the British Orthopaedic Association, and a long recovery with ongoing care needs can overlap with NHS Continuing Healthcare funding, which is accounted for in the claim.
What are the risks and long-term effects of a serious fracture?
Serious fractures can cause lasting effects beyond the initial break, including chronic pain, restricted joint movement, and complications that extend recovery well past the point the bone itself has healed. These effects are relevant both to treatment and to the value of a compensation claim.
Recognised complications following complex fractures include:
- Malunion or non-union, where the bone fails to heal correctly and requires further surgery
- Post-traumatic arthritis in a joint near the fracture
- Complex regional pain syndrome (CRPS), a chronic pain condition that can follow a fracture, particularly in the hand, wrist, foot or ankle
- Nerve damage causing numbness, weakness or ongoing pain
- Reduced mobility affecting independence, driving, and return to physically demanding work
- Psychological effects, including anxiety or post-traumatic stress following a serious accident, which can itself form part of a claim as a psychiatric injury
A claim accounts for these consequences through medical evidence and expert prognosis, which is why an accurate, up-to-date medical report matters as much as the initial diagnosis.
Surgical fracture repair in the UK follows the standards of bodies such as the Royal College of Surgeons, and if a claimant is ever unhappy with how their claim is handled, the service complaint route sits with the Legal Ombudsman.
How effective are broken bone compensation claims?
Broken bone compensation claims succeed where there is clear evidence of negligence, a documented injury, and a properly evidenced financial loss. Emaari Legal assesses each case individually during a free consultation and does not predict or promise an outcome before reviewing the evidence.
Claims are generally funded on a no win, no fee basis. This allows a claimant to pursue a fracture claim without paying costs upfront, and Emaari Legal’s free claim assessment establishes at the outset whether a case has reasonable prospects before proceeding.
Where does Emaari Legal handle broken bone claims?
Emaari Legal handles broken bone and fracture claims across the whole of England and Wales, from offices in London and Manchester. Claimants are not required to attend either office in person; cases are handled by phone, video call and, where needed, home or hospital visits.
Common causes of serious fractures the firm deals with include:
- Road traffic collisions involving cars, motorcycles, cyclists and pedestrians, including incidents involving an uninsured or untraced driver
- Accidents at work, including falls from height, being struck by falling objects, machinery incidents and manual handling injuries. A broken leg at work compensation claim, for example, considers whether an employer failed to provide safe equipment, adequate training, or a properly maintained site, and whether that failure caused the fall or impact that broke the bone
- Slips, trips and falls in a public place, workplace or on poorly maintained premises
- Criminal assaults, which may fall within a CICA claim rather than a claim against an identifiable defendant
Where a fracture is one of several injuries suffered in the same incident, it is assessed as part of that wider serious injury claim rather than in isolation, and severe cases involving nerve or vascular damage are occasionally assessed alongside amputation and limb loss claims where a limb cannot be saved.
How long does a fracture compensation claim take?
A fracture compensation claim’s length depends on the severity of the injury, whether liability is disputed, and whether the claimant’s medical condition has stabilised enough for a final prognosis. Straightforward fractures with a clear recovery can settle sooner; complex or multiple fractures usually take longer because a solicitor needs a settled medical picture before valuing the claim accurately.
Emaari Legal will send a solicitor to visit a claimant at home or in hospital within 24 hours if required, recognising that someone with a serious fracture may be immobile, in a cast, or unable to travel in the early stages of a claim. This visit allows evidence to be gathered and the claim started without the claimant needing to leave home or hospital.
The general stages of a claim are:
- Free consultation to assess the circumstances and likely merits of the claim
- Gathering evidence: medical records, accident reports, witness statements and, where relevant, employer or occupier records
- Obtaining a medical expert’s report on the fracture, treatment and prognosis
- Notifying the defendant or their insurer and negotiating liability and value
- Settlement, or, if liability or value cannot be agreed, issuing court proceedings in the County Court or High Court
Fracture claims sit within the firm’s serious injury claims practice.
More severe outcomes are covered on the amputation claims page, and how every figure is calculated is set out under personal injury compensation amounts.
Frequently Asked Questions
How much compensation do you get for a broken bone?
There is no fixed figure: compensation reflects the fracture’s severity, whether surgery was needed, recovery time, any lasting impairment, and the claimant’s specific financial losses such as lost earnings and care costs. A solicitor can only give a realistic estimate after reviewing the medical evidence.
Does a broken bone count as a serious injury?
A broken bone is generally treated as a serious injury when it is displaced, open, comminuted, requires surgery, involves multiple bones, or leaves lasting impairment. A simple, single fracture that heals fully within a short period is more likely to sit within the minor-injury tier, which Emaari Legal does not handle.
Does a broken bone qualify as a disability in the UK?
Whether a fracture amounts to a disability for legal purposes depends on the individual’s specific and lasting effects on daily activities, and is assessed separately from a compensation claim. A solicitor handling a fracture claim focuses on the injury’s impact for the purposes of valuing general and special damages, and can advise whether separate specialist advice on disability status is needed. Where a fracture’s effects last beyond a year, benefits such as Personal Independence Payment and Employment and Support Allowance can apply alongside the claim, and any entitlement is factored into the compensation calculation rather than left uncounted. For legal purposes, a lasting disability from a serious fracture is assessed under the Equality Act 2010.
How much injury compensation will I get?
Injury compensation for a fracture combines general damages for pain and suffering with special damages for financial losses, and the total varies case by case depending on severity, recovery, and evidenced losses. Emaari Legal’s free consultation assesses these factors for an individual case rather than applying a general figure.
What is the difference between multiple fractures and one serious fracture?
Multiple fractures involve two or more broken bones from the same incident and are assessed together for their combined effect on recovery, care needs and earning capacity, whereas a single serious fracture is assessed on its own severity and consequences. Both are within Emaari Legal’s serious-injury specialism where the break required surgery or caused lasting impairment.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Get a free assessment of your broken bone or fracture claim today.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).