In order to be successful in recovering compensation, someone else must be at fault for your accident. This may be an individual, a business, or a public body. For example, if you injured your hip as a result of an accident in the workplace, you may be entitled to make a compensation claim against your employer.
The hip is one of the largest weight-bearing joints in the body. It is where the thigh bone meets the pelvis and is responsible for movement of the upper leg. The hip is made up of cartilage, muscles, ligaments, tendons and bone. Given its complex structure, there are often long-term issues which can cause permanent damage and may significantly impact mobility for many years.
What can you claim for?
If you have suffered a hip injury, the amount of compensation a court may award you will depend on the severity of the injury and the impact it has had, and will continue to have, on your life. Some of the factors the court will look at when assessing the level of compensation are:
The degree of pain experienced and the length of time it takes to make a full recovery;
The impact of the injury on your everyday life and the long-term impact it will have. This includes the ability to continue to work or take part in hobbies and activities previously enjoyed;
Wage loss, both past and future, and whether any services have been required by family and friends;
The extent of the treatment required, particularly whether surgery was needed; and
Whether there was a pre-existing hip problem and the extent to which this was exacerbated by the accident.
Our experienced personal injury solicitors will be able to quantify these factors and establish how much you are likely to receive in compensation.
What could your claim be worth?
If you have a claim for compensation, how much could you be awarded?
Morton Fraser's Compensation Calculator is a handy guide which can provide you with an indication of the value of your injury. It is based on the Judicial College Guidelines which take account of recent court decisions and serve as a reference point for lawyers when considering compensation. The recommended awards for hip injuries are set out below.
For minor soft tissue injuries where surgery is not required and a full recovery is made within a few months to 2 years, the court would likely award between £3,370 to £10,750.
Where hip replacement is required, but a full recovery is made, the award would likely be between £10,750 and £22,680.
More significant injuries which result in some permanent disability may be valued at between £22,680 and £33,430.
Serious hip injuries requiring hip replacements and result in significant ongoing disability would attract an award of between £33,430 to £66,890. Higher awards will apply to cases resulting in impotence or myositis ossificans (where bone tissue forms inside muscle or other soft tissue).
The most serious hip injuries which cause life-changing disabilities, such as those that impact on the spine causing bladder and bowel complications, may be awarded up to £111,690 in compensation.
Morton Fraser have successfully recovered damages in a number of cases where individuals suffered hip injuries following road traffic accidents and as a result of a slip/trip accident. Most recently, damages were recovered from a wedding venue following a trip on an exposed power socket on the dancefloor which resulted in our client breaking his hip.
Who is the claim against?
Who is liable to pay compensation will depend upon the circumstances of the accident and who is to blame for your accident occurring. Many hip injuries are caused as a result of road traffic accidents, in which case the driver of the vehicle who caused the accident, or their insurers, will be liable. If you slip or trip whilst in a supermarket or crossing a road, the company who owns the shop or the Council may be liable. You may also be entitled to make a claim for medical negligence if your hip injury is due to a surgical error, delayed treatment or misdiagnosis. Morton Fraser's Personal Injury Team has extensive experience in pursuing all types of claims and we can provide you with advice on who is liable to pay compensation once we have discussed the facts and circumstances of your claim.
What next?
The above guidelines and our Compensation Calculator provide an initial indication of the values a court may award for the pain and suffering you have endured but do not take into account other losses such as assistance you required following your accident, the cost of medical treatment, past and future wage loss, pension loss and any other expenses you have incurred as a result of the accident. Each individual case must be considered on its own facts and circumstances. Our experienced Personal Injury team will take the time to assess your claim and can help you get the compensation you are entitled to. Contact us today on 0131 247 1000 or through our personal injury compensation enquiry form.
