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Orthopaedic Injuries Claims


Orthopaedic injuries are those that affect the parts of the body that allow us to move, from bone fractures and ligament tears to joint replacements and spinal disorders. The potential consequences of an orthopaedic injury can therefore be life-altering, particularly in respect of mobility, impacting both the victim and their loved ones.

While these injuries are, unfortunately, relatively common, if they are the result of another person’s negligence the law entitles the victim to claim compensation. The damages that are awarded for orthopaedic injuries are aimed at helping injured people deal with the pain and suffering they have had to endure, as well as for their rehabilitation and any other associated costs and losses attributable to the injury, such as loss of wages and future earning ability.

At Kerr Brown, our friendly and dedicated staff are recognised experts in personal injury claims. We always strive to exceed the expectations of our clients, providing an effective, professional and personal service. Known as leaders in our specialist practice areas, including orthopaedic negligence claims, our firm continues to grow its reputation and client-base, helping people get the compensation and justice they deserve. Please contact us for more information.

What is an orthopaedic injury?

Orthopaedics is the broad term used to refer to conditions relating to parts of our body we use to move. An orthopaedic injury is therefore one that affects part of our musculoskeletal system, such as bones, spinal column, muscles, joints, cartilage, ligaments, tendons and any other connective tissue. They can also cause secondary conditions to develop, such as osteoporosis and osteoarthritis. As such, they have the potential to cause on-going and significant pain and suffering, and may even result in permanent disability.

Orthopaedic injuries most commonly occur either as a result of a road traffic accident, an accident at work, through a slip, trip or fall, or when a mistake is made by a doctor or orthopaedic surgeon (known as medical negligence), for example:

  • Bone fractures and dislocations
  • Muscle tears
  • Torn ligaments
  • Ruptured tendons
  • Nerve damage
  • Spinal disorders
  • Joint dislocation and replacement, such as a knee or hip replacement

How much compensation for an orthopaedic injury?

How much compensation can be claimed for an orthopaedic injury depends on its nature and severity and the particular circumstances surrounding the incident that caused it. For example, according to the general guidelines used by the courts to calculate compensation, an orthopaedic injury can attract financial awards for pain and suffering (not including other heads of claim, such as loss of earnings and other costs) between:

  • £5,000 for a minor recoverable Achilles tendon injury, and up to £29,000 for severance of the tendon with restricted movement
  • £4,000 for a minor recoverable knee injury, and up to £72,000 for disruption of the knee joint and ligament damage leading to on-going conditions such as osteoarthritis
  • £3,000 for a hip injury with no residual disability, up to £100,000 for a severe hip injury that may involve low back joint dislocation and lead to complications such as arthrodesis
  • £10,000 for a moderate back injury, and up to £120,000 for severe spinal cord and nerve damage

It’s important to be aware that these guidelines do not include other losses that can be claimed, such as loss of earnings, loss of future earnings, travel costs and any other expenses you incur as a result of the accident that caused your injury.

Making an orthopaedic negligence claim in Scotland

To make an orthopaedic injury claim, the injury must have been suffered within the last three years and the result of another person’s negligence. Exactly how a claim is made and the evidence that is need to make a strong case depends on how the injury was caused. For instance, if an orthopaedic injury was suffered in a road traffic accident that was caused by another road user’s negligence, the general law on personal injury applies. This involves demonstrating that you were owed a duty of care by the person who caused the accident, that they breached this duty and their breach caused your injury.

If, however, you suffer an injury as a result of a medical misdiagnosis or during an operation, the law on medical negligence applies. This involves demonstrating, through expert medical evidence, that the treatment you received was below the standard reasonably expected of a competent healthcare professional in that area of medicine, and that treatment caused your injury.

The specialist personal injury solicitors at Kerr Brown have vast experience helping clients secure compensation for their orthopaedic injuries. We work tirelessly to build a strong claim, gathering evidence and liaising with medical experts on behalf of our clients. We also have excellent negotiating and advocacy skills that allow us to present our clients’ claims in the strongest terms to secure them the maximum amount of compensation they are entitled to.

Contact Kerr Brown’s Orthopaedic Claims Solicitors Glasgow, Scotland Today

To find out how we can help you or a loved one make a compensation claim for an orthopaedic injury, speak to our expert personal injury solicitors today on 0808 250 0769 (lines open between 9am and 5:30pm) or contact us via our online contact form.