Fracture Injury Compensation Claims
A fracture can range from a simple break that heals cleanly to a complex injury that leaves lasting pain, reduced movement, or a raised risk of arthritis in later life. If you have suffered a fracture because of someone else’s negligence, you may be entitled to claim compensation.
Assisting Claimants Across Ireland in Bringing Fracture Injury Claims
With more than 30 years of experience in personal injury, McCarthy + Co Solicitors LLP has acted in many fracture claims, from straightforward breaks to complex injuries with long-lasting physical and psychological impacts.
Fractures happen in all sorts of circumstances, and where another party was at fault, you may have grounds for a claim. Common causes include:
- accidents at work, including falls and being struck by falling objects or machinery;
- road traffic accidents;
- slips, trips, and falls in public places;
- sporting accidents;
- physical assaults; and
- defective or dangerous products.
A fracture that was missed or mismanaged by a healthcare provider may also give rise to a medical negligence claim. Whatever the cause, the first step is to talk to us about what happened. Arrange a time to speak with a solicitor by completing our quick and confidential online form.
How compensation for fractures is assessed
Compensation is made up of general damages, for the pain, suffering, and disruption caused by the injury, and special damages, for financial losses such as lost earnings and medical costs. With fractures, one of the most important questions is not just how the break heals in the short term, but what it means for the future. A key factor is whether the break was clean, or whether it involved a joint, where two bones move against one another, because this kind of articular involvement carries a heightened risk of arthritis in later years.
Other factors include whether plates, screws, or other instrumentation had to be inserted, whether these will need to be removed later, and whether further surgery is likely in the years ahead. Injuries to high-movement joints such as the ankles and wrists tend to carry a greater risk of future surgery and arthritis. For all of these reasons, a proper orthopaedic report is essential, to identify and quantify the long-term risks, so that your claim reflects the full picture rather than just the initial recovery. General damages are assessed using the Personal Injuries Guidelines.
The most serious fractures, such as those involving the spine, can have consequences far beyond the bone itself. Where there is neurological damage, a person may have lasting symptoms even after the bone has healed, and in the most severe cases there is a risk of paralysis. You can read more about spinal cord injuries and the support available.
Call us Freephone to Discuss Your Case:
1800 390 555
Request A Call Back
Get a call back from our legal team at a time that suits you.
Arm fractures
Very severe arm fractures may result in general damages of up to €150,000.
| Category | Description | Compensation Range |
|---|---|---|
| Severe arm fractures | Fractures falling short of amputation but so serious that the injured person is left with little or no useful function in the arm. | €100,000 – €150,000 |
| Serious forearm fractures | Serious fractures of one or both forearms causing permanent and substantial disability, whether affecting the way the arm works or its appearance. | €50,000 – €100,000 |
| Moderate arm fractures | Fractures that caused significant disability at the outset, but from which a substantial recovery has been made or is expected. | €20,000 – €50,000 |
| Minor arm fractures | Straightforward fractures with no lasting complications or risk of arthritis. Awards reach the upper end where recovery was delayed or significant treatment was needed. | €5,000 – €20,000 |
Leg fractures
General damages of up to €160,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Most severe leg fractures (short of amputation) | Injuries so grave that the courts treat them much like an amputation, such as fractures that fail to unite and require extensive bone grafting, or gross shortening of the leg. | €100,000 – €160,000 |
| Severe leg fractures | Multiple fractures that take years to heal and require extensive treatment, leaving serious deformity, restricted movement or joint arthritis, and often a permanent need for mobility aids. | €90,000 – €130,000 |
| Serious leg fractures | Serious compound or comminuted fractures involving prolonged treatment, a lengthy non-weight-bearing period, extensive scarring and a near certainty of arthritis, usually with a marked restriction on walking. | €75,000 – €100,000 |
| Moderate leg fractures | Complicated or multiple fractures, or severe crush injuries, generally affecting a single leg. | €50,000 – €75,000 |
| Less serious leg fractures | Fractures from which a reasonable but incomplete recovery is made, sometimes leaving a metal implant, a limp, reduced mobility or discomfort. | €25,000 – €50,000 |
| Minor leg fractures | Simple fractures of the femur, tibia or fibula with no joint-surface damage, ranging from those with minor ongoing symptoms to those with a complete recovery. | €500 – €20,000 |
Pelvis and hip fractures
General damages of up to €165,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Severe pelvis and hip fractures | Extensive pelvic fractures with serious complications, such as dislocation of a lower back joint and a ruptured bladder, or a hip injury requiring spinal fusion, leaving substantial permanent disability. | €100,000 – €165,000 |
| Serious pelvis and hip fractures | Injuries less grave than the severe category but with distinguishing features, including fractures of the acetabulum causing degeneration and instability, or fractures needing a hip replacement. | €50,000 – €100,000 |
| Moderate pelvis and hip fractures | Significant injuries where permanent disability is not major, sometimes involving hip replacement or surgery, or pelvic injury interfering with childbirth. | €30,000 – €65,000 |
| Minor pelvis and hip fractures | Injuries from which a substantial recovery is made, with the award depending on how long recovery takes, from within six months up to five years. | €500 – €20,000 |
Shoulder fractures
General damages of up to €150,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Severe shoulder injuries | The most serious shoulder injuries, including damage to the brachial plexus nerves that may cause paralysis of the arm or significant loss of muscle control in the arm, hand or wrist. | €100,000 – €150,000 |
| Serious shoulder fractures | Injuries such as a fractured humerus leaving permanently restricted shoulder movement, or a shoulder dislocation with nerve damage causing pain, sensory symptoms and a weak grip. | €40,000 – €75,000 |
| Moderate shoulder injuries | Frozen shoulder or soft-tissue injury with limited movement and discomfort where intrusive symptoms persist for some years or become permanent. | €18,000 – €35,000 |
| Minor shoulder fractures | Injuries such as a simple fracture of the collarbone with a good recovery, or soft-tissue injury causing considerable pain but resolving almost completely. | €500 – €12,000 |
Wrist fractures
General damages of up to €80,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Severe wrist injuries | Severely disabling injuries causing a complete loss of function in the wrist, for example where the joint has had to be fused. Deformity can increase the award. | €60,000 – €80,000 |
| Serious wrist injuries | Injuries leaving significant permanent disability but where some useful movement of the wrist remains. | €40,000 – €60,000 |
| Moderate wrist fractures | Injuries leaving some permanent disability, such as a degree of persisting pain or stiffness. | €20,000 – €40,000 |
| Minor wrist fractures | Fractures causing no permanent loss of function, such as an undisplaced or minimally displaced fracture treated in plaster, with the award depending on how long recovery takes. | €500 – €18,000 |
Knee fractures
General damages of up to €110,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Severe knee injuries | Serious injuries ranging from a leg fracture extending into the knee joint with constant pain and limited movement, up to disruption of the joint with gross ligament damage, arthritis and joint replacement or fusion. | €35,000 – €110,000 |
| Moderate knee injuries | Injuries involving dislocation or torn cartilage leaving minor instability, wasting, weakness or mild future disability, or a prolonged acceleration of a pre-existing condition. | €15,000 – €35,000 |
| Minor knee injuries | Less serious injuries such as lacerations, twisting or bruising, or short-term acceleration of symptoms, with the award depending on the length of recovery. | €500 – €12,000 |
Ankle fractures
General damages of up to €100,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Severe ankle injuries | Unusual and limited cases, such as a transmalleolar fracture with extensive soft-tissue damage and deformity, or fractures causing degeneration serious enough to require the joint to be fused. | €70,000 – €100,000 |
| Serious ankle fractures | Fractures requiring lengthy treatment or the insertion of pins and plates, leaving significant residual instability and a severely limited ability to walk. | €45,000 – €70,000 |
| Moderate ankle fractures | Fractures and ligament tears causing less serious problems, such as difficulty on uneven ground or stairs, irritation from metal plates and residual scarring, sometimes with a risk of future arthritis. | €20,000 – €45,000 |
| Minor ankle fractures | Minor or undisplaced fractures, sprains and ligament injuries, with the award reflecting how long recovery takes and whether surgery was needed. | €500 – €20,000 |
Foot fractures
General damages of up to €150,000 may be awarded in this category.
| Category | Description | Compensation Range |
|---|---|---|
| Most severe foot injuries | Injuries producing permanent, severe pain or very serious disability, such as traumatic loss of the forefoot with a risk of full amputation, or loss of a substantial part of the heel leaving mobility grossly restricted. | €90,000 – €150,000 |
| Severe foot injuries | Injuries causing substantial restriction on mobility or considerable permanent pain, including extensive degloving or surgery with continuing pain and arthritis, or a drop-foot deformity corrected by a brace. | €80,000 – €130,000 |
| Serious foot fractures | Injuries causing continuing pain, such as traumatic fractures leading to future arthritis, prolonged treatment and the risk of the joint needing to be fused. | €38,000 – €75,000 |
| Moderate foot fractures | Displaced metatarsal fractures leaving permanent deformity and continuing symptoms, sometimes with a risk of long-term arthritis or future surgery. | €20,000 – €45,000 |
| Minor foot fractures | Modest injuries such as simple metatarsal fractures, ruptured ligaments and puncture wounds, with the award depending on the length of recovery. | €500 – €20,000 |
Highly rated on TrustPilot
Read the latest reviews written by our happy clients.
Meet Liam Crowley
Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.
If you have suffered a fracture that was not your fault and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.
Frequently Asked Questions
Questions we are often asked in relation to fracture injuries.
Do I have a valid fracture claim?
You may have a claim if your fracture was caused by another party’s negligence, whether an employer, a driver, the occupier of a premises, or a manufacturer. Irish law does not provide automatic compensation, so it must be shown that the other party owed you a duty of care, that they breached it, and that the breach caused your injury. We can assess the circumstances and advise you honestly.
Why is the long-term outlook so important?
Because two fractures that heal similarly in the short term can have very different futures. A break involving a joint, or one that needed plates or screws, may carry a real risk of arthritis or further surgery years later. If a claim is settled before those risks are properly assessed, you may be under-compensated for an injury that continues to affect you, which is why we obtain a detailed orthopaedic report before valuing a claim.
What should I do to protect my claim?
A few steps make a real difference. In a serious accident, a forensic engineer can examine and record the scene. Ask whether there is CCTV footage, since it may be overwritten within weeks, and take the details of any witnesses. If the accident happened at work, ask that the scene be preserved and take statements from colleagues. Keep your own notes and photographs, and keep records of your medical appointments and medication. We can take over this process for you.
How is compensation calculated?
General damages, for the injury itself, are assessed using the Personal Injuries Guidelines, according to the bone affected and the severity and lasting effects of the fracture. Special damages cover financial losses, such as lost earnings, medical treatment, and future care or surgery. The brackets differ by body area, and the sections above show how each type of fracture is grouped.
How long do I have to make a claim?
In most cases, two years from the date of the accident, or from the date you became aware of your injury. Because the long-term consequences of a fracture can take time to emerge, and because evidence is best gathered early, it is wise to take advice as soon as you can.
Law Firm of the Year
Useful Resources
Some links that you may find useful:
- NOCA – Irish Hip Fracture Database
- HSE – When to visit an injury unit
- Injuries Resolution Board – How personal injury claims are assessed
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
