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Scaphoid Fracture Compensation Claims

Scaphoid fractures can be painful and tender and make it difficult for you to work or enjoy your usual activities (especially if the fracture is on your dominant hand). If you have suffered a fractured scaphoid because of someone else’s negligence whether at work, in a car crash or something else, you may be entitled to make a scaphoid fracture compensation claim.

If you are interested in claiming compensation for a fractured scaphoid bone we can help. If you call us for a no-obligation initial consultation, an advisor will discuss how you’ve been affected and what caused your injury. If it appears that your case has a reasonable chance of success, you’ll be partnered with a personal injury lawyer from our panel. Any claim that is accepted will be managed on a No Win, No Fee basis.

To speak to us right away, please call 0800 652 1345 today. Otherwise, read on to find out more about scaphoid fracture compensation claims before calling.

What is the scaphoid bone?

The scaphoid bone is one of the largest of the carpal bones that make up the wrist joint. It is located on the thumb side of your wrist and it sits just above the ulna bone in the forearm. The main function of the scaphoid is to provide stability in the wrist and support motion.

The scaphoid is the most common of the carpal bones to fracture during an accident.

What is a scaphoid fracture?

A scaphoid fracture (also known as a navicular fracture) is a type of fracture that occurs in the scaphoid bone, often resulting from a fall onto an outstretched hand due to the force being transmitted to the wrist joint.

Where the fragments of the scaphoid are still in alignment with each other, the injury is called a non-displaced scaphoid fracture. If the fragments have moved out of place, it is called a displaced scaphoid fracture.

Symptoms of a fractured scaphoid

Some of the most common symptoms associated with a fractured scaphoid include:

  • Pain especially when using the wrist.
  • Tenderness in the area of the scaphoid.
  • Bruising, swelling or discolouration.
  • Inability to move or use the wrist normally.
  • Bumps or deformities that are not usually present on your wrist.

Doctors will usually have a good idea that you’ve fractured your scaphoid after conducting a physical examination. X-rays or CT scans may also be used to confirm the diagnosis. However, some scaphoid fractures are missed by X-rays which could lead to further complications if the bone is not able to heal correctly.

Some scaphoid fractures may be left to heal naturally. However, if the bone needs to be kept in place to allow proper union, a splint or plaster cast might be needed. In more serious cases, surgery may be needed to fix a fractured scaphoid bone.

Can I claim compensation for a scaphoid fracture?

To determine if you can claim compensation for a scaphoid bone fracture, several factors need to be considered by a solicitor, including:

  • Did the defendant in the case owe you a duty of care?
  • Were you involved in an accident or incident as a result of the defendant’s negligence?
  • Was your scaphoid bone fractured in the incident or as a direct consequence of it?

Proving a legal duty of care isn’t really that difficult in most situations so you shouldn’t worry about that too much. Your advisor will check this during your initial consultation but, in reality, you’re probably owed a duty of care while working, driving, walking on a public path, on a company’s premises and while you’re in most public places.

The bulk of the work your solicitor will do if they take on your claim is to find proof to show how your accident happened and how the scaphoid fracture has affected you. As such, we’ll review the types of proof that could be used later in this guide.

Common accidents that cause scaphoid fractures

Some examples of the types of accidents or incidents that may lead to scaphoid fracture compensation claims include:

  • Slips, trips and falls. A fractured scaphoid bone could occur when an outstretched hand hits the ground or if the scaphoid hits a hard object during a fall.
  • Motor vehicle accidents. Car accidents or motorcycle accidents can exert significant force on the hands and wrists. The sudden impact or collision can result in a scaphoid fracture compensation claim if someone else caused it.
  • Bike accidents. Falling off a bicycle or being involved in a cycling accident can cause wrist injuries, including scaphoid bone fractures.
  • Accident at work. An example of a cause of a workplace scaphoid fracture might be if your wrist was crushed by a faulty machine or one where the safety guard was missing.

If you’ve suffered a scaphoid fracture in an accident caused by someone else, we could help you claim for your suffering so please call today and see how we could help you.

Scaphoid fracture misdiagnosis claims

If your scaphoid fracture is not diagnosed correctly, it can cause additional suffering and problems in later life. For example, a scaphoid fracture misdiagnosis could result in:

  • Arthritis – the risk of arthritis can increase where fractured bones do not heal properly.
  • Deformities – this can happen if the pieces of bone begin to fuse together while they’re out of normal alignment.
  • Avascular necrosis – where parts of the bone can die because of a lack of blood flow.

Misdiagnosis can occur if you weren’t referred for an X-ray, the X-ray wasn’t checked properly, further tests weren’t carried out if the X-ray was clear or if your doctor failed to send you for further tests.

If you’ve suffered as a result of a misdiagnosed scaphoid fracture, a solicitor from our panel could help you to claim for medical negligence so please call our team today.

How much compensation for a fractured scaphoid?

As each scaphoid fracture compensation claim differs from the next, it’s not really possible to say what payout you might get. However, you could be compensated for:

  • The physical suffering (pain and discomfort) caused by the scaphoid fracture.
  • Loss of amenities for hobbies and activities affected by your injuries.
  • Medical costs including physiotherapy if needed.
  • Lost earnings (including future losses for longer-term injuries).
  • Travel expenses i.e. parking fees while waiting for hospital treatment.
  • Care costs if you required help with simple tasks like eating or washing while you were injured.
  • Psychiatric injuries caused by the incident.
  • Vehicle or home modifications to help you cope with any longer-term symptoms of a fractured scaphoid.

How does my solicitor know how I’ve been affected?

The amount of compensation paid for the physical symptoms of a scaphoid fracture will depend on the severity of your injury. As such, you will need to be examined by an independent expert. They’ll produce a report for your solicitor to explain your prognosis.

Once your solicitor has considered your case and received your medical report, they’ll be able to advise you on a compensation estimate.

The process of valuing your scaphoid fracture compensation claim is important as once you’ve agreed and accepted a settlement there’s no turning back.

Providing proof for scaphoid fracture compensation claims

When you start a claim for a fractured scaphoid, most defendants will pass the case to their insurance provider. If you’ve ever dealt with an insurer, you’ll probably already know that, generally, they don’t payout unless they really have to. As such, your solicitor must convince them that you should be compensated by providing as much proof as possible to support your claim. This could include:

  • Medical proof. It’s really important to have your wrist checked by a doctor to give it the best chance of healing properly. Any medical records from your appointment (including X-rays) could be obtained to help confirm your diagnosis.
  • Witness statements. Proving that the accident occurred can be easier if it was seen by others. If necessary, your solicitor will contact any witnesses for information about what happened so try to collect their contact details at the time of your accident.
  • Accident reports. All companies and businesses need to keep accident report books or similar systems. A copy of your report can go a long way to proving when and where your scaphoid bone was fractured.
  • Photographic proof. You should take photographs of any visible symptoms (bruising, swelling etc) regularly as you recover. Also, pictures of the scene of the accident can help to prove why you were injured.
  • Video footage. Similarly, any footage of the accident caught on a mobile phone, CCTV camera or dashcam could make it easier to identify who was to blame for your injuries.

You don’t need to have collected every piece of proof listed here to talk to us about your claim. If your case is taken on, your solicitor will use any proof you have obtained and try to collect further information if it’s needed.

Scaphoid fracture compensation claim time limits

The law states that you have 3 years to make a personal injury claim in the UK. For scaphoid fracture compensation claims, this 3-year limitation period begins on the date of your accident in most cases. Otherwise, it will start from your date of knowledge (diagnosis date).

Importantly, children do not have an immediate time limit as they can’t take legal action until they are 18 years old. For this reason, parents could proceed with a child’s personal injury claim at any time before then.

If you’ve suffered a fractured scaphoid, we’d suggest that you begin your claim as soon as possible after your accident. This could mean that you don’t miss out on any compensation you are entitled to because your claim became statute-barred.

No Win, No Fee claims

The thought of losing money on legal fees when claiming for a scaphoid fracture might put you off from starting the claims process. However, we strongly believe that if a specialist solicitor represents you, there is a better chance of winning a fair level of compensation for your suffering.

To remove much of the financial risks associated with claiming, our panel of solicitors offer a No Win, No Fee service. As a result, if your scaphoid fracture compensation claim is accepted, you:

  • Will not pay any legal fees upfront.
  • Will not pay any legal fees if the claim fails.
  • Will only pay legal fees if the claim is won and compensation is paid.

So that your solicitor can begin working on a No Win, No Fee basis, your solicitor will ask you to sign a Conditional Fee Agreement (CFA). Once your paperwork is returned, your solicitor will:

  • Write to the defendant and explain that you’ll be claiming.
  • Collect medical records, independent reports and other proof to support your claim.
  • Negotiate on your behalf and try to deal with any objections or arguments raised.
  • Keep you up to date about how your claim is progressing.
  • Tell you about any compensation offers and discuss them to check that they are fair.

We can check if you could be represented by one of our No Win, No Fee solicitors if you call for a free consultation about your claim.

Start a scaphoid fracture compensation claim today

One of the quickest ways to find out if you might be entitled to compensation for a fractured scaphoid bone is to call 0800 652 1345 and speak to one of our specialists. They’ll review your claim with you, consider your options and offer free legal advice.

If your claim appears to have strong grounds, a personal injury solicitor from our panel may offer to represent you. If they do, you’ll benefit from the legal experience and training on a No Win, No Fee basis. As such, your claim should be a lot less stressful.

Please use live chat to connect with us if you have any further questions on scaphoid fracture compensation claims, or claim your free consultation here.

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