How much compound fracture compensation can I expect to get if I make a claim today?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It is not easy to estimate the amount of compound fracture compensation someone can potentially receive as the value assigned to every case depends on its individual merits. A compound fracture is a serious injury and the victim should be entitled to a substantial claims settlement; provided that their accident was caused by the negligence of another party. It is recommended that you start proceedings as soon as possible following the accident, as the general rule regarding the Statute of Limitations is that a person has two years from the date of the accident to pursue a compensation claim.
Compound fracture compensation for the pain and suffering of the victim is calculated by measuring the injury against a claims calculator (the Book of Quantum) and altering the value assigned by accounting for the victim’s age, state of health prior to the accident and – in some cases – their sex. As medical experts have acknowledged that most victims of accidents experience some degree of post-traumatic stress disorder, you may be eligible to claim compensation for emotional trauma.
Additionally, the aspect of “loss of amenity” should be considered in a compound fracture compensation claim, i.e. how the injury has affected your quality of life. There is also the possibility that any financial expenses you have incurred can be recovered, including the considerable medical costs that are expected for this kind of injury.
Compound fractures usually involve surgery as the bones need to be reset, and often reconstructive surgery of the bone, joints and encompassing muscles may be required. There may also be an on-going need for physiotherapy. Because of this and the high probability of negative repercussions to the victim’s quality of life, compensation for this type of injury is likely to be high. This may lead to the negligent party’s insurance company approaching you with an early offer of compensation that may not adequately account for all aspects of your claim.
It would be in your best interest to engage the services of a solicitor, as soon as possible following your initial medical treatment, who can guide you through the process of a compound fracture compensation claim. He or she could also evaluate an early offer of settlement from an insurance company, if you receive one, and can give you a preliminary estimate of how much compensation you are entitled to receive.