If you have suffered a fracture as a result of the behaviour of another person or organisation, you may be eligible to make a claim * against that entity for your injury. On this page you will find general guidance relating to fractures and the criteria for instigating a personal injury claim *.
Instigating a personal injury claim
In the case of fractures generally, apart from the pain and suffering and initial immobility suffered while the fracture heals, an important question in determining what an injured person may be entitled to be compensated for is the extent to which there’s a heightened risk of arthritis in later years. That tends to come down to whether or not it was a clean break or whether or not there was some kind of articular involvement, where you have the movement of two bones against one another.
Whether or not you have to have plates or other instrumentation inserted, and whether or not those have to be removed at a later stage will all determine the extent to which you’re entitled to be compensated.
Even where there is satisfactory healing in the immediate aftermath, where there can be a significant risk of arthritis several years down the road or potential future surgical intervention, this will have a significant bearing on how compensation for the injury will be assessed and underlines why it is important to get the proper orthopaedic report to identify and quantify those future risks.
Anything involving injury to the ankles or wrists etc, anywhere with a lot of movement and where you’re going to have wear and tear anyway, you tend to find that the need for future intervention by way of surgery is greater and the likelihood of arthritis developing into the future as a result of the injury is much greater as a result.
Spinal fracture can tend to be among the most serious kinds of fractures that can be suffered. If there has been any kind of neurological damage as a result of the fracture, particularly around the spinal column, even if the fracture is treated satisfactorily with healing of the actual bony matter you can continue to have significant ongoing symptoms because of nerve damage. In the most serious cases of spinal fracture, the risk of paralysis means that the potential long-term consequences of such fractures can be catastrophic for the injured person and their family.
Skull fractures can also be particularly serious because of the obvious proximity to the brain. Even minor fractures to the skull can give rise to serious long-term problems, with things like loss of smell and loss of taste being quite common in patients who suffer a skull fracture. In addition there can be haemorrhaging if the fracture is not picked up on and treated correctly in the immediate aftermath, which can lead to neurological deficits as a result.
Book of Quantum
For further information regarding fractures and compensation claims, take a look at the Personal Injuries Assessment Board’s Book of Quatum. Sections 6A may be of particular interest.
About McCarthy + Co
With more than 25 years of experience in dealing with personal injury claims *, McCarthy + Co. has expertise in a wide variety of fields including workplace and road traffic accidents. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we have worked with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance on any form of personal injury including fracture compensation claims *.
If you have suffered a fracture at fault of another person or organisation, get in contact with our personal injury solicitors today to make a start on your claim *. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on email@example.com and we will get back to you as soon as we can.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.