Have you been involved in a road traffic accident that was caused by the negligence of a third party? Have you suffered a broken thumb as a result? If so, this guide may be able to help you claim for a broken thumb.
Injuries sustained in a road traffic accident (RTA) can have a serious effect on how you’re able to live your life. You may have suffered a fractured thumb that could result in a decline in your quality of life. It can take some time for a broken thumb to heal fully after an accident, and sometimes you may be left with long-term or even permanent ill-effects following an injury of this nature.
How to sue for a broken thumb
This can be an upsetting experience, particularly if you’re left unable to use your hand properly. This can affect your work, social life and ability to care for yourself. And when you recognise that your injury was caused by the negligence of someone else, this can be really difficult to process.
Our panel of solicitors can offer their services on a No Win No Fee basis. We offer free legal advice so, if you’re unsure if you can claim, you call us today on 0800 408 7825. One of our advisors will be happy to help you. Or, if you’d like to know more, please read on.
Choose A Section
- A Guide On How To Claim For A Broken Thumb
- What Is A Fractured Or Broken Thumb?
- How You Could Break Or Fracture Your Thumb In A Car Accident
- £26,500 Broken Thumb Compensation Payout For A Road Traffic Accident Case Study
- Special Damages You Could Claim For A Broken Thumb
- Calculating Broken Thumb Compensation Payouts
- How To Claim For A Broken Thumb With A No Win No Fee Solicitor
- How Specialist Road Traffic Accident Solicitors Could Help You
- Get Free Legal Advice By Contacting Us
- Related Services
- FAQs On How To Claim For A Broken Thumb
A Guide On How To Claim For A Broken Thumb
The Department for Transport collects data every year about different types of injuries sustained by road users. The table above shows that there’s estimated to have been over 40,000 people that have been slightly injured in the first half of 2020. It’s unclear the proportion of these injuries that affect your hand or thumb.
In this guide, we will look at what a fractured thumb is and the length of time it could take you to recover from an injury of this nature. We’ll identify some of the ways an injury like this could impact your quality of life and the implications it could have.
We will go on to look at the duty of care that road users owe to one another to ensure the safety of everyone. Furthermore, we will look at how this duty of care can be breached and how this could cause someone to be injured.
Our case study will look at someone who has broken their thumb in an RTA. It will set out the claims process from the accident occurring to the compensation being calculated and paid out.
Finally, this guide will look at what No Win No Fee agreements are and how they could be beneficial to you if you’re seeking legal representation. We will conclude by answering some questions we’re often asked about how to claim for a broken thumb.
If you still have any questions after reading this guide, you can get in touch with our claims team today. They’ll be happy to answer any questions you have about claiming compensation for a broken thumb.
What Is A Fractured Or Broken Thumb?
According to the NHS, the symptoms of a broken thumb can include:
- Pain when touched
- Swelling or bruising
- Stiffness and difficulty moving the thumb
You should seek medical attention if you’re experiencing any of the symptoms above. It can be hard for you to tell whether your finger is broken, sprained or dislocated, and you’ll usually need an X-ray.
However, you should go to A&E right away if you have any of the following symptoms:
- Thumb pointing at an odd angle
- Bone poking out of the skin
- A cut to the thumb with bone visible
- Numbness or blue colour to the injured thumb
When treating a broken thumb, your doctor may try to straighten it and put it in a cast to keep it in position. You might be given a tetanus injection or antibiotics if there is broken skin that poses a risk of infection.
In some cases, your thumb may require surgery in order to heal. This might be the case if your thumb is badly fractured in multiple places or if the nerves are damaged.
A broken thumb may heal within 2 to 4 weeks but can take longer. It may take 3 to 4 months before you regain full strength in your hand. You should ask your doctor about how long it will be before you can resume activities like contact sports, as these could pose a risk of further injury.
If your quality of life has been affected because your thumb has been broken in an RTA that was caused by third-party negligence, you could claim compensation. Why not get in touch with our team today to see how much you could be owed?
How You Could Break Or Fracture Your Thumb In A Car Accident
If you’re looking to claim for a broken thumb because of a road traffic accident, there are many types of accidents you could have experienced. These include:
- Head-on collisions
- Rear-end collisions
- Side-impacts/T-bone accidents
- Crashes while merging
- Multi-vehicle pile-ups
In some of these kinds of accident, the damage to your vehicle will be able to inform who was at fault for the accident. For instance, in a rear-end collision, the driver behind will almost always be liable for the accident. This is because they’ve failed to maintain a safe stopping distance from the car in front.
What are the duties of a road user?
Road users are responsible for how they conduct themselves while using them. As such, they have this obligation to both their own safety and the safety of others. Road users include drivers, cyclists, motorcyclists and pedestrians.
The Highway Code sets out the things that road users are expected to do to ensure the safety of themselves and others. These can include-
- Abiding by the speed limit
- Following instructions provided by road signs and markings
- Keeping full concentration on the road at all times
- Not driving while under the influence of drink or drugs
All road users are expected to adhere to the standards of care and skill of the average motorist. There are no allowances made to drivers who, for instance, have just passed their test; the duty of care is the same for everyone.
How could these duties be breached through negligence?
Road users can breach their duty of care in a number of ways, resulting in accidents. And if you’ve been involved in one of these accidents and broken your thumb as a result, you could be entitled to compensation.
For instance, a driver might be on their mobile phone while behind the wheel and fail to notice that the car in front has stopped. They could then collide with the back of the vehicle in front, causing the driver to jolt forward and fracture their thumb on the steering wheel.
Similarly, a motorcyclist could pull out of a junction without checking for oncoming traffic and crash into the side of a vehicle that has right of way. If the impact on the other car were to cause the driver’s thumb to be fractured, this could be grounds for a personal injury claim.
A broken thumb is by no means the only kind of injury that can be sustained in a road traffic accident caused by a breach of duty. The types of injuries that could be sustained include a broken leg, broken collarbone or broken tooth.
If you’re unsure if you’re able to claim, please call us using the phone number at the top of the screen. Our advisors will be able to give you free legal advice 24/7.
£26,500 Broken Thumb Compensation Payout For A Road Traffic Accident Case Study
Mr Atkinson was a very successful, highly-regarded tennis instructor. He loved the sport from a young age and had managed to build a wide variety of clients. This often meant that he had a busy schedule. He was independent, family orientated and hardworking.
Being an only child, he was also the sole carer for his elderly mother. Due to this, he made sure he built his schedule around looking after her and spending time with his family.
How Mr Atkinson fractured his thumb
Having just finished a tennis lesson and having a half-hour before the next one began, Mr Atkinson drove to the nearest corner shop to pick up a snack. Upon leaving the shop, Mr Atkinson walked back to his car. Opening the passenger door, he threw in the few items he’d purchased and walked around the car to the driver’s door.
Suddenly, a car attempting to park next to Mr Atkinson reversed at an angle. Mr Atkins would have been clearly visible in the driver’s rearview mirror, but it was clear the driver wasn’t paying attention to the road. The car slammed directly into the open door and trapped Mr Atkinson’s thumb.
He frantically opened the door to relieve the pressure, but the damage was already done. He quickly called the hospital as he didn’t want to drive in his current state. The ambulance came shortly after, and an X-ray revealed that his thumb had been fractured in multiple places.
He’d also suffered nerve damage to the thumb that meant his grip was weakened, and he was unable to work. He needed to undergo surgery so that wires could be inserted into his thumb to help it heal.
What was Mr Atkinson awarded?
Due to how the injury had affected his life, he began looking into broken thumb settlements to see if he could make a personal injury claim. He sought legal advice and began the claims process.
Mr Atkinson collected evidence about the accident. He got CCTV from the shopkeeper of the incident taking place, which clearly showed that the driver was negligent and failed to pay attention to his surroundings. This, combined with the medical evidence from his appointments, showed that Mr Atkinson was entitled to compensation. In total, Mr Atkinson received £26,500.
How does this settlement break down?
See a breakdown of Mr Atkinson’s compensation below:
| General Damages | How Much? | Special Damages | How Much? |
|---|---|---|---|
| The JCG compensation bracket involving fractures resulting in nerve damage and weakened grip is £11,820 to £15,740. | £15,740 | Loss of Earnings | £5,000 |
| Care costs for mother | £4,000 | ||
| Gym membership | £200 | ||
| Prescriptions | £60 | ||
| Cleaning/gardening | £400 | ||
| Travel costs | £600 | ||
| Total of Special Damages awarded | £10,260 |
The case of Mr Atkinson is an example that we have constructed based on our past experiences of assessing and valuing claims. It illustrates how accidents can happen and how they are valued.
Special Damages You Could Claim For A Broken Thumb
A typical claim for personal injury compensation could consist of two different types of damages. These are known as special damages and general damages.
Special damages are the part of your settlement that could compensate you for any out-of-pocket expenses that you’ve incurred as a result of your injuries. For a hairline fracture to your thumb, special damages could include compensation for things like:
- Prescriptions/medicine
- Medical treatment that isn’t available on the NHS
- Loss of earnings
- Loss of future earnings
- Travel costs
Receipts, invoices and bank statements will be required to prove the financial losses. Make sure you keep up-to-date records about the special damages you want to claim.
Calculating Broken Thumb Compensation Payouts
General damages are the part of your compensation that compensates you for your injuries and the impact they have had on your quality of life. They’re valued with the help of guidelines provided by the Judicial College.
Therefore, medical evidence is important in showing the extent of your injuries and calculating the general damages head of your claim. Keeping updated records cataloguing your recovery is important.
You’ll also be invited to an independent medical examination. Here, an independent expert will examine your injuries and detail their findings and prognosis in a report. This report will then be referred to in conjunction with the guidelines from the Judicial College in order to value your claim. If your injuries in the accident have worsened a pre-existing medical condition, this will also be considered.
If you’re considering, make a claim and are wondering, “how much is a thumb worth?” call our team of advisors using the phone number at the top of the screen. They’ll be happy to offer you a free, no-obligation valuation of your claim.
How To Claim For A Broken Thumb With A No Win No Fee Solicitor
If you’re looking to make a claim for personal injury compensation through a solicitor, you might be worried about having to pay legal fees throughout the claims process. If this is the case, a No Win No Fee agreement could benefit you.
These arrangements are also called Conditional Fee Agreements (CFA). This agreement with your solicitor sets out the conditions that they need to meet before they receive payment. It means that you will have no legal fees to pay upfront and no legal fees to pay them during the claim. You also won’t be asked to cover their fees in the event that your claim is unsuccessful.
Should your claim be successful, your personal injury solicitor will take a small, legally capped amount of your compensation to cover the legal fees. This will be a percentage of your settlement and will be agreed upon before the claim starts.
If you’re interested in making a claim with a No Win No Fee solicitor, why not get in touch with our claims team today? If your claim has a good chance of success, they could pass it on to a lawyer from our panel who can work on a No Win No Fee basis.
How Specialist Road Traffic Accident Solicitors Could Help You
If you want to make a claim or have any questions about the claims process, give us a call. Our knowledgeable, experienced advisors will be able to help.
Our panel of solicitors are well-versed in personal injury law so, if you’re looking to claim for a broken thumb, they’ll know how to build your case. They can offer you support and guidance throughout the process of claiming so you can concentrate on recovering from your injuries.
Because they often don’t collect enough information to value your claim, personal injury calculators can give inaccurate estimates. As such, they aren’t always reliable. However, our team can give you a valuation of your claim when you get in touch.
Get Free Legal Advice By Contacting Us
If you’re looking for free legal advice about an injury that wasn’t your fault, contact us using the details below. Our advisors are available 24/7 at a time that suits you.
- Telephone number – 0800 408 7825
- Contact us via live chat, shown on the bottom right of your screen.
- You can also contact us through our website.
Related Services
If you’d like to know more, please find useful information below.
For more information about recovering from thumb pain, please visit the NHS website.
Visit the Department of Transport website for more about road traffic statistics.
For more guidance on preventing accidents from occurring, visit the Royal Society for the Prevention of Accidents webpage.
For more information about how to claim compensation for a car accident, visit here.
If you’ve been injured in a public place, visit here for more guidance about how we can help.
For general guidance about personal injury claims, our guide could help.
FAQs On How To Claim For A Broken Thumb
Can I claim if I was partially at fault?
You can claim compensation even if you were partly at fault for the accident or contributed to your injuries in some way. Your settlement would be reduced according to how much you were deemed to have been at fault.
How do I claim if my child was injured?
If your child is under 18, they cannot legally represent themselves. However, you can claim on their behalf as a litigation friend.
Will my claim have to go to court?
This will depend on how your personal injury claim progresses. If a settlement could not be agreed upon, your claim may go to court.
Do I need to meet the solicitor in person?
You may not need to meet with your solicitor face-to-face in order to claim. They may be able to arrange a medical assessment in your local area without meeting you in person.
How much is a thumb injury worth?
The worth of a thumb injury depends on the extent of the injury and how it’s affected your life. The Judicial College has more information about the guideline compensation brackets for each injury.
How much compensation do you get for a finger injury?
The amount of compensation you receive for your injury can vary. The severity of your injuries and the value of any special damages can influence the amount of compensation you receive.
What is the average settlement for a car accident with an injury?
It isn’t easy to provide a specific average settlement amount as it depends on many factors. Our team of advisors will be able to provide more information if you’re able to make a claim.
Thank you for reading our guide on making a claim for a broken thumb.
Guide by AD
Published by RK