Sustaining a broken bone can be an incredibly painful and disruptive experience that affects every aspect of your life. While many broken bones heal within a few weeks or months with the help of a plaster cast, others can lead to significant, long-term complications. In the context of personal injury law, the question of whether breaking a bone can be considered a serious injury is crucial, as the answer can significantly influence the support and compensation available to you.

From a legal perspective, not every broken bone is automatically classified as a serious injury. The classification depends heavily on the long-term impact the injury has on your life. A serious injury is one that permanently affects your health, wellbeing, and ability to perform daily tasks. Here, JMW's personal injury team explains how solicitors determine the severity of a fractured bone, what types of bone breaks qualify as serious, and how these types of cases are handled.

When Does a Broken Bone Become a 'Serious Injury'?

When we assess broken bone claims, we look beyond the initial diagnosis to understand the full extent of the injury’s impact on your life. A simple fracture that heals completely might not be classed as ‘serious’, but a broken bone injury that has lasting consequences almost certainly will be.

Several key factors help our legal experts determine if broken or fractured bones should be treated as a serious injury:

• Long-term impact: A serious injury typically has a permanent or long-lasting effect. This can include chronic pain, permanently limited mobility, nerve damage, or a functional impairment that prevents you from living as you did before. Fractures involving joints, for example, significantly increase the risk of developing early-onset osteoarthritis.
• Extent of medical treatment: A fracture requiring extensive or ongoing medical treatment is more likely to be considered serious. This includes injuries that need surgical intervention, such as the insertion of plates, screws, or rods, followed by a long recovery process involving physiotherapy.
• Impact on daily life and work: If a broken bone significantly affects your ability to work, carry out daily activities, or maintain your previous lifestyle, it is likely to be viewed as a serious injury. Particularly bad bone breaks may never fully heal, leaving you with persistent limited movement and preventing a full recovery. Some broken bones can result in a person being unable to work or live an independent life.
• Multiple fractures or crush injuries: Sustaining multiple broken bones or a crush injury is specifically cited in legal definitions as a type of serious injury due to its nature and cumulative impact on the human body.

Types of Broken Bones Classified as Serious Injuries

While any fractured bone can cause severe pain and disruption, certain types of bone fractures are more commonly classified as serious due to their potential for further complications. The severity is determined by the type of break, its location, and the force involved.

Compound (open) fractures

An open fracture, also known as a compound fracture, occurs when the broken bone pierces the skin. This type of fracture is an emergency because the open wound carries a much higher risk of infection, which can complicate the healing process. An open fracture often requires immediate surgery to clean the wound and stabilise the bone.

Comminuted fractures

A comminuted fracture is when the bone shatters into three or more pieces. Breaks of this nature are often the result of high-impact events like serious road traffic accidents. A comminuted fracture almost always requires surgery to realign the bone fragments and secure them in place so they can heal properly.

Displaced fractures

A displaced fracture occurs when a bone breaks and the ends move out of their normal alignment. If the bone fragments are significantly displaced, surgical intervention is often necessary to reposition them correctly. Without proper fracture treatment, a displaced fracture can lead to deformity and long-term functional problems.

Fractures in critical locations

The location of the broken bone is a critical factor. For instance:

• A broken back or fractured vertebra has a high risk of causing spinal cord damage and even paralysis.
• Skull fractures can lead to traumatic brain injuries with lifelong consequences.
• Fractures to the pelvis can cause severe internal bleeding.
• Fractures involving joints like the hip, knee, or elbow are generally more serious as they can lead to stiffness, arthritis, and chronic pain.

In contrast, simple fractures like hairline or stress fractures are small cracks in the bone and may not be as severe. However, they still require medical attention. A closed fracture is a broken bone that does not break the skin and is typically what people think of when they imagine most broken bones.

Recognising and Treating a Fractured Bone

If you suspect you have a broken bone, it is vital to seek medical help as soon as possible to get an accurate diagnosis and prevent the injury from worsening.

Symptoms of a broken or cracked bone

While symptoms can vary, common signs of a broken bone include:

• Intense pain: You will likely experience intense pain at the site of the injury, which often worsens with movement.
• Swelling and bruising: The affected area will usually swell quickly and may become bruised.
• Deformity: The injured limb or body part may look misshapen or out of place.
• Inability to bear weight: You may find it impossible to put weight on or use the injured area.
• Numbness: In some cases, there may be numbness in the affected limb, which could indicate damage to surrounding nerves.

Prompt medical attention is essential for an accurate diagnosis, usually confirmed with an X-ray, and to prevent long-term complications.

How are fractured or broken bones treated?

Many broken bones can be managed without surgery. A plaster cast is one of the most common non-surgical methods used to immobilise the injured area and allow the bone to heal.

However, more severe breaks often require surgery to stabilise the fractured bone. Surgical intervention may involve using metal plates, rods, or screws to hold the bone fragments together. After surgery, a lengthy period of physiotherapy is usually needed to restore strength and movement to the affected area.

Handling Serious Broken Bone Claims

When you have sustained a serious broken bone injury due to someone else's negligence, the claims process needs to be handled with specialist care and attention. The focus is not just on the injury itself, but on securing the right support to aid your recovery and provide financial stability.

Interim payments for urgent needs

We understand that waiting for your final compensation award is not always possible. A serious fracture injury can leave you unable to work and facing significant expenses for private medical treatment, rehabilitation, or home adaptations.

In these cases, we can request an interim payment. This is an advance part-payment of your final compensation award, designed to alleviate immediate financial pressure. These funds can be used for:

• Covering lost earnings
• Funding private medical care and rehabilitation
• Paying for specialist equipment or adaptations to your home
• Covering travel costs for medical appointments

For us to secure an interim payment, the other party must have admitted responsibility for your injury.

How much compensation for a broken bone?

The amount of compensation you can receive for a broken bone injury is calculated based on several factors. It is divided into two parts:

• General damages: This part is for the pain and suffering your injury has caused, and its impact on your quality of life (known as ‘loss of amenity’). The amount is guided by the Judicial College Guidelines, which provide valuation brackets for different injuries. For example, a severe arm fracture attracts a significantly higher award than a minor broken ankle.
• Special damages: This part of the compensation covers all your financial losses and expenses resulting from the injury. This includes the loss of past and future earnings, medical expenses, care costs, and any other costs you have incurred.

For an indication of how much you might be able to receive when you claim compensation, take a look at our Personal Injury Compensation Calculator.

Making a Broken Bone Compensation Claim

If you have sustained a broken or fractured bone in an accident that was someone else's fault, you may be able to start a compensation claim. Whether the injury was caused by a car accident, an accident at work, or a slip or fall, our legal experts are here to help.

To start a successful claim, it must be established that your injury was caused by the negligence of another party. There is generally a three-year time limit from the date of the accident to begin a claim, though there are exceptions, for example, for children or those who lack mental capacity.

JMW handles many broken bone and fracture claims on a no win, no fee basis, which removes any financial risk for you.