Broken Hip Compensation Claims

A hip fracture can cause significant pain and stop you from working and carrying out your usual daily activities. In many cases, you will not be able to walk or even stand, which can cause a lot of stress and anxiety. Besides the physical and mental suffering, a broken hip can also lead to financial losses and out-of-pocket expenses during recovery.

If you were injured in an accident that was not your fault, such as a road collision or a slip, trip or fall in a public place, you may be entitled to broken hip compensation. This will cover your pain and suffering, as well as related financial losses such as lost wages.

To find out if you have a valid broken hip claim or how much compensation you could receive, call 0800 470 0474 or request a call back for a free consultation with an experienced solicitor.

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Table of Contents

• Signs and symptoms of a broken hip injury
• What is the treatment and outlook of a hip fracture?
• Am I eligible to make a broken hip claim?
• What evidence will I need to make a broken hip compensation claim?
• What accidents could lead to a broken hip injury claim?
• Can I claim compensation for a broken hip at work?
• Frequently asked questions
• Can I make an accident claim on behalf of my child?
• How long do I have to claim broken hip compensation?
• How much compensation can I claim for a broken hip?
• Will I get a No Win No Fee service?

Signs and symptoms of a broken hip injury

The hip is a ball-and-socket joint that connects the thigh bone (femur) to the pelvis. It is one of the body’s largest and most stable joints, allowing for a wide range of motion, including walking, running, and bending. A hip fracture is a severe hip injury that occurs when the upper end of the femur, near the hip joint, breaks. Signs and symptoms include:

• Severe pain in the hip, upper leg or groin area that worsens with movement or pressure;
• Swelling, bruising, or tenderness around the hip joint;
• Difficulty or inability to stand or bear weight on the affected leg or side;
• Difficulty moving the leg or hip;
• A shorter leg, which may also turn outward on the side of the injured hip;
• A noticeable deformity of the hip joint;
• Numbness or tingling in the leg or foot, which may indicate nerve damage;
• Muscle spasms or stiffness in the hip or surrounding muscles.

A broken hip is a medical emergency that must be treated immediately in the hospital. If you were injured due to someone else’s negligence and decide to make a claim, the severity and type of injury you suffered will determine the broken hip compensation amount you could receive.

What is the treatment and outlook of a hip fracture?

Once your doctor has diagnosed your injury and the extent of the fracture using imaging tests such as X-rays or CT scans, they will decide on the best treatment. This will typically involve a combination of:

• Medication to manage pain and inflammation and prevent blood clots and infections;
• Most hip fractures need surgical repair using screws, rods, nails or plates to keep the broken bones in place while healing;
• In some situations, your doctor will replace part of your damaged hip joint with an artificial part;
• The most severe injuries will need a total hip replacement, where the upper femur and pelvic socket bone are replaced with prostheses.

If you have suffered a broken hip, you will usually need to spend one to four weeks in the hospital. Complete recovery may take six to nine months, during which you will have regular physical therapy sessions to help you regain movement, strength and flexibility. Some people may never fully recover and may need to use a frame or walking stick.

Am I eligible to make a broken hip claim?

The easiest way to determine your eligibility for broken hip compensation is through a free consultation with a legal adviser. They will take on your case if they can prove the following:

• Another party owed you a legal duty of care
• They breached this duty through negligence or a wrongful action
• Your broken hip injury occurred in an accident caused by them

Establishing a duty of care is typically straightforward, and your solicitor will refer to the relevant legislation to prove liability, which could be:

• The Road Traffic Act 1988 if you were involved in a collision with another road user;
• The Occupiers Liability Act 1984 if you were injured on the grounds of a private business, such as a shop, pub or restaurant;
• The Personal Protective Equipment at Work Regulations 1992, if you had an accident at work due to a lack of safety equipment.

It is essential to acknowledge that you may still be eligible to claim compensation even if you were partly to blame for your injury. If you had less than 50% of the fault, you may be entitled to reduced compensation for a broken hip.

What evidence will I need to make a broken hip compensation claim?

Your solicitor will need various types of evidence to support your broken hip compensation claim. This must prove how your injury occurred, who was at fault and how it has affected your life. They will review all the supporting evidence you already have and help you gather anything else you need to secure compensation.

The types of proof that might help your case include:

• Photographs of the accident scene, ideally taken before anything is moved. These will prove what caused it and who may be liable for the incident;
• Pictures of any visible signs of trauma, such as bruising, bleeding, and any noticeable deformity of the hip area;
• Medical evidence that proves the type of hip injury you suffered, including copies of your X-rays, doctor’s notes and treatment records;
• A copy of an accident report form if you broke your hip at work or in a public place. Almost all businesses and workplaces must keep an accident logbook to record incidents, and you have the right to ask for a signed copy of the report;
• If available, you also have the right to ask for footage captured by CCTV, dash cam or body security cameras;
• The name, contact, license plate and insurance details of other road users involved if you were injured in a car accident;
• A copy of a police report if you were involved in a criminal assault or hit-and-run traffic accident;
• Statements from any witnesses who saw you get injured or how you have been affected by the accident;
• Your notes regarding the incident and how your broken hip injury has affected your work and daily life;
• You also need evidence of all the financial losses and expenses you incurred due to the accident, such as receipts and invoices.

What accidents could lead to a broken hip injury claim?

Various types of accidents can result in compensation for a broken hip. These include but are not limited to:

• Slips, trips, and falls. Despite being almost entirely preventable, these are some of the most common accidents at work, in public places, and in other settings. They are typically due to slippery or uneven surfaces, loose flooring or carpets, inadequate lighting, and obstacles left in walkways.
• Accidents at work. Workplace accidents, such as falls from heights, collisions with objects or machinery, and accidents involving vehicles or equipment, can lead to hip fractures. Employers must take all reasonable measures to prevent such injuries. Otherwise, they may be found liable in a broken hip compensation claim.
• Road traffic accidents. Collisions with cars, motorcycles, bicycles, or pedestrians can involve significant impact forces that may result in hip fractures. Pedestrians and cyclists are particularly vulnerable to such injuries due to the lack of any protection to the hip area.
• Sporting accidents. High-impact sports or activities such as skiing, snowboarding, football, rugby, or horse riding can lead to falls or collisions that result in hip injuries. Although many accidents are nobody’s fault, you could make a compensation claim if you were injured due to faulty equipment, poor ground conditions or bad advice from a coach.
• Accidents in public places. Hazards in public places such as parks, playgrounds, shopping centres, or buses can lead to various accidents that cause hip fractures. Based on the circumstances, you could claim broken hip compensation from the local council or a private business owner.
• Care home or hospital accidents. Poor supervision, unsafe transfer techniques, and neglectful care practices can increase the risk of falls and hip fractures, especially among elderly patients. Failure to uphold a reasonable standard of care can result in compensation for a hip injury.
• Criminal assaults. Intentional acts of violence, such as assaults or attacks, can cause severe injuries. Kicking or hitting somebody with a weapon can create enough force to cause fractures to the hip bone. Blameless victims of violent crimes can make a broken hip injury claim through the Criminal Injuries Compensation Authority (CICA) after reporting the incident to the police.

A personal injury solicitor can help you make a claim for compensation if another party was at least partially responsible for your accident.

Can I claim compensation for a broken hip at work?

Your employer must comply with the Health and Safety at Work Act 1974 and other workplace legislation to keep you safe from injury at work. They must take several measures to prevent a broken hip injury at work, such as:

• Conduct regular risk assessments to identify potential hazards that could result in a fractured hip;
• Take adequate safety measures to control or eliminate such risks;
• Keep all machinery and equipment in good working order and regularly inspected;
• Provide you with training and information about safe working procedures;
• When necessary, provide suitable personal protective equipment (PPE), such as harnesses and hip protectors.

If your employer has failed in their duty of care towards you, you have the right to make an accident at work claim. They cannot sack you or discipline you for claiming compensation. If you suffer any repercussions, you can make a further claim at an employment tribunal under unfair dismissal laws.

Frequently asked questions

If you want more information about making a broken hip compensation claim, please refer to the section below, where we have answered the most common questions from claimants. To discuss your case in detail with a friendly legal adviser, please call 0800 470 0474 or use our online claim form to request a call back.

Can I make an accident claim on behalf of my child?

If your child suffered a hip injury due to someone else’s negligence, you could make a personal injury claim on their behalf. Your solicitor will help you fill out and file all the necessary documents to be named as their litigation friend. This gives you the legal right to make a claim on their behalf. The court will confirm your eligibility by verifying whether:

• You can make fair and competent decisions about the case
• You have a conflict of interest with the child

If you can start a broken hip claim for your child, you will have certain responsibilities. These include taking legal advice, making decisions about the case and considering any compensation offers from the defendant. If you settle the claim, you must also go to an Infant Approval Hearing before a judge, who will determine whether the amount of compensation you secured is fair based on the available evidence.

How long do I have to claim broken hip compensation?

Under the Limitation Act 1980, you typically have three years to start a claim after the accident that caused your hip fracture. Afterwards, your case will be statute-barred and no longer valid. There are a few exceptions to the claim limitation date, such as:

• With child accident claims, a parent or legal guardian can start legal proceedings at any time, regardless of when the accident occurred. The three-year time limit will begin on the child’s 18th birthday, from which they have until turning 21 to start a claim themselves.
• If the injured person lacks mental capacity due to a condition such as Down syndrome or Alzheimer’s, the time limit is suspended.
• If you suffered a hip or pelvis fracture due to a criminal assault, you have two years to claim through the CICA.

How much compensation can I claim for a broken hip?

The broken hip compensation amount you could receive will depend on your specific losses. These are grouped into two types of damages:

• General damages are subjective losses such as physical pain, emotional distress, reduced quality of life and inability to engage in social activities. The average compensation amount for a hip fracture is between £3,950 and £52,500, based on severity and recovery prospects.
• Special damages are objective financial losses that can be proven with evidence, such as receipts and payslips. They include lost wages due to time off work, travel expenses to medical appointments, care costs, and any private treatments.

Will I get a No Win No Fee service?

If you are eligible to make a hip injury compensation claim following a fracture, your solicitor will offer you a no win no fee* agreement. With this service, you do not have to worry about upfront fees or financial risks. If you win compensation, your solicitor will get a percentage of it as their success fee (capped at 25%). If you lose, you do not pay them a single penny.

Furthermore, an After the Event (ATE) insurance policy will cover all the litigation costs if you lose. These include court fees, police and medical reports, and travel expenses.

To find out if you can claim broken hip compensation, do not hesitate to arrange a free case assessment with an experienced solicitor. Please feel free to call 0800 470 0474 today or use our online claim form to request a call back.