Orthopaedic Injury Claims

Orthopaedic injuries affect the bones, joints, ligaments, tendons and cartilage that hold the musculoskeletal system together. They are often the most visible part of a serious accident, but the long-term picture is rarely as simple as a healed fracture: malunion, non-union, residual stiffness, hardware complications and post-traumatic arthritis can take years to declare themselves, and frequently emerge only after a claim has settled. Getting orthopaedic claims valued correctly means insisting on the long view.

Our personal injury team handles claims involving fractures, joint dislocations, ligament and tendon ruptures, cartilage damage, crush injuries and nerve damage following serious accidents. We work with orthopaedic surgeons, hand and upper limb specialists, sports medicine consultants and pain experts to build claims that reflect not just the immediate fracture but the secondary and long-term consequences.

The orthopaedic injuries we handle

We act for clients with a wide range of orthopaedic injuries, including:

• Simple and complex fractures, including comminuted (multi-fragment) and open fractures requiring surgical fixation
• Joint injuries including dislocations, intra-articular fractures, meniscal and labral tears
• Ligament and tendon ruptures (ACL, PCL, rotator cuff, Achilles, biceps)
• Hand and upper limb trauma including degloving and crush injuries
• Multiple orthopaedic injuries in a single accident
• Injuries involving associated nerve damage or vascular compromise

What makes orthopaedic claims different

Two issues drive the value of an orthopaedic claim more than the headline fracture: how well the bone heals and what is left behind once it has.

A simple closed fracture that heals fully on time, with no residual deficit, is at the low end of the Judicial College Guidelines. The same fracture that develops malunion (healing in the wrong position), non-union (failure to heal) or post-traumatic osteoarthritis is at the higher end, often by an order of magnitude. The difference is rarely apparent in the first 6 to 12 months. Settling too early is the most common reason orthopaedic claims under-compensate.

Hardware is another moving part. Many orthopaedic injuries are fixed with plates, screws, intramedullary nails or external fixators. Some hardware is permanent; some is removed in a planned second operation that itself carries pain, time off work and infection risk. The claim has to account for whichever path applies.

Long-term complications you should not settle without considering

• Post-traumatic osteoarthritis. Particularly likely after intra-articular fractures (those involving the joint surface) and ligament injuries to the knee. May not develop for 5 to 15 years but can be a major component of long-term disability.
• Chronic regional pain. Complex regional pain syndrome (CRPS) and chronic post-surgical pain are recognised orthopaedic sequelae that profoundly affect quality of life and earning capacity.
• Range of motion deficits. Even after good fracture healing, permanent loss of joint range affects work in manual roles and activities of daily living.
• Hardware-related infection or failure. Late infection of plates and screws can require revision surgery years after the original injury.
• Heterotopic ossification. Abnormal bone growth around joints, particularly after hip and pelvic trauma, can require further surgery.

We instruct expert orthopaedic surgeons to give a prognosis covering these risks specifically, so that the settlement reflects realistic long-term needs rather than the position at the time of the offer.

Recent orthopaedic injury settlements

£800,000 for a construction worker with a career-ending hand injury

Maria Tiron, Senior Associate, settled a claim for a 35-year-old shuttering carpenter whose left hand was crushed when his supervisor dropped a heavy panel onto it on a major construction site. He sustained a fractured trapezium, a fracture of the middle phalanx of the ring finger and a deep laceration at the base of the thumb. Despite the visible injury he was initially told to clean the wound and carry on. Liability was admitted early; Maria’s focus shifted to challenging an inadequate initial rehabilitation plan, securing a specialist hand therapist and ensuring the long-term consequences for his career as a carpenter were properly valued. The case settled for £800,000. Read the full case study.

£200,000 for a cyclist with multiple fractures and intensive-care complications

Andrew Middlehurst acted for a cyclist struck by a car while crossing a slip road on his way home from work. He sustained a head injury, a fractured knee, a punctured lung, a fractured clavicle, spleen and kidney injuries and a fractured finger, and went into cardiac arrest in hospital, requiring a lengthy period in intensive care. Insurers funded private rehabilitation including physiotherapy and psychology. Andrew engaged an experienced knee surgeon and was preparing further expert reports when the insurer made an early offer; Andrew brought a leading Chambers barrister into the case to advise on whether to accept. The claim settled at around £200,000, less than 18 months after the collision. Read the full case study.

How orthopaedic claims are valued

General damages are assessed by reference to the Judicial College Guidelines, which set ranges for each major orthopaedic injury based on severity, recovery, surgical intervention and long-term consequences. Special damages (loss of earnings, treatment, care, equipment) are then calculated on the basis of the specific impact on this claimant’s life and work.

Three factors most often shift an orthopaedic claim up the JCG band:

• The need for surgery and the likelihood of further procedures (including hardware removal)
• Whether the injury crosses a joint surface (high risk of secondary arthritis)
• Permanent restriction in range of motion, grip strength or weight-bearing capacity

For manual workers, the loss of earnings element can substantially exceed the JCG award where the injury prevents return to the same trade.

Orthopaedic claim vs orthopaedic negligence claim

The two routes are legally distinct. An orthopaedic injury claim is brought against the party responsible for the accident: the driver who hit you, the employer who failed to maintain a safe workplace, the occupier of a property that allowed a known hazard. An orthopaedic negligence claim is brought against the surgeon, hospital or trust whose treatment fell below the accepted standard, including missed fractures, surgical errors, failure to remove infected hardware and inadequate post-operative care. We handle both. Where a claim involves elements of each (for example, an accident causing a fracture that was then negligently managed), we run parallel claims so neither defendant escapes their share of responsibility.

Evidence we will gather for your claim

• GP and hospital records, including A&E and imaging
• Specialist orthopaedic reports, often supported by sub-specialist input (hand, foot and ankle, spine, sports medicine)
• X-rays, CT and MRI imaging for independent expert review
• Physiotherapy and occupational therapy notes
• Employment records and accountant evidence on earnings impact
• Witness statements and accident reports
• Photographs and contemporaneous communications documenting the injury and recovery

How the process works

We start with a detailed assessment of the accident and your injuries. We then instruct the right combination of specialist medical experts to provide a prognosis, secure interim payments where you face immediate financial difficulty, and negotiate with the defendant’s insurers. Most claims resolve through negotiation; where the defendant refuses a fair offer, we will issue and pursue court proceedings.

Where the injury is severe enough to meet the threshold, the case is handled by our serious injury or catastrophic injury teams, with dedicated resourcing for complex high-value work.

Why choose Osbornes for an orthopaedic injury claim

Our personal injury team is ranked in Chambers UK and Legal 500 and includes accredited specialists in serious and catastrophic injury work. We have acted in claims involving every major orthopaedic injury, from straightforward fractures through to career-ending hand and limb trauma, and we have the experience to spot the long-term risks that turn an apparently moderate case into a high-value one.

We act on a no win no fee basis. There are no upfront fees, and you pay nothing if the claim is unsuccessful.

★★★★★

“On 5 June 2021, I fell off my bike when the front wheel twisted on loose gravel from recent road resurfacing works. Having sustained fractures to my skull (the impact broke my helmet!) collar bone, ribs and pelvis, I got in touch with Osbornes Law. Nicola Hall took my case and over the 17 month period provided excellent advice and service, such that I achieved a good out of court settlement with the county council. Hopefully this settlement will also encourage safer working practices by road contractors as apparently several cyclists had fallen at the same place. I am very happy to recommend Nicola.”