We've been featured in:

£150,000 Compensation For Hip Replacement Injury Claim

By Danielle Jordan. If you suffered an injury to your hips or pelvis because a relevant third party breached their duty of care, you might be eligible to make a personal injury claim for compensation for a hip replacement injury.

There are different situations in your daily life where you are owed a duty of care, including while on the roads, in the workplace and in public places. In this article, we take a more in depth look at the duty of care you are owed in different situations.

We’ll also explore when you could have good ground to seek hip replacement compensation. Additionally, we’ll look at what evidence could be submitted to support hip replacement claims as well as explain how compensation could be awarded in a successful personal injury claim. To help illustrate this, we’ll look at a case study.

Compensation For Hip Replacement Injury

Compensation for a hip injury

This article concludes with a look at the benefits of having legal representation on a No Win No Fee basis. For example, a solicitor could guide you through the different steps of the claims process. They will also ensure that your personal injury claim is accurately valued and filed on time and in full.

Direct any questions you have about hip replacement compensation claims to one of the advisors from our team. Whether you are making a personal injury claim for an accident at work, a road traffic accident or a public liability accident, one of our advisors could help.

To connect with a team member:

  • Fill in our ‘claim online’ form and a team member will call you.
  • Call 0800 073 8804
  • Ask your question in our live chat.

Choose A Topic

  1. When Am I Eligible To Make A Hip Replacement Claim?
  2. Time Limit For Hip Replacement Compensation Claims
  3. What Evidence Can Support A Hip Replacement Claim?
  4. Case Study: Hip Injury Claim
  5. Hip Replacement Compensation Amounts
  6. No Win No Fee Hip Replacement Injury Claims 
  7. Further Reading

When Am I Eligible To Make A Hip Replacement Claim?

There are several day-to-day situations where you could suffer an injury to your hip. These include:

  • In a road traffic accident.  When using the roads, cyclists, pedestrians, vehicle drivers and motorbike users owe each other a duty of care. These road users must adhere to the Road Traffic Act 1988 and the Highway Code. If this duty is breached and you suffer an injury as a result, you could be eligible for hip replacement compensation.
  • A workplace accident. While you are at work, your employer owes you a duty of care. This is set out in the Health and Safety at Work etc. Act 1974 (HASAWA) as they must take all reasonable and practicable steps to ensure the health, safety and welfare at work of their employees. If your employer breaches this duty and you suffer an injury as a result, you could be eligible to make a personal injury claim for an accident at work.
  • A public liability accident. In public spaces, such as a supermarket, restaurant or gym, the individual or organisation in control of that space owes you a duty of care. As per the Occupiers’ Liability Act 1957, they must ensure your reasonable safety while you are in that space. If you suffer an injury while in a public place due to a breach in this duty, you could be eligible to claim personal injury compensation.

In order to have good grounds to seek compensation for your hip injury, you must satisfy the criteria for personal injury claims. This means that you need to prove that:

  • You were owed a duty of care.
  • A relevant party breached this.
  • You experienced harm as a result of this breach.

One of our team members can answer your questions about hip replacement claims. They can also help you identify whether you meet the eligibility requirements.

Time Limit For Hip Replacement Compensation Claims

If you would like to seek hip replacement compensation, it is vital that you launch your claim before the time limit runs out. In personal injury cases, the Limitation Act 1980 typically gives 3 years from the date of the incident to file a claim.

However, in some cases, there are exceptions to the limitation period. These include:

  • Children under the age of 18 cannot launch their own claim. The time limit is frozen until their 18th birthday. Before turning 18, a litigation friend can be appointed to start proceedings for them. However, if they reach the date of their 18th birthday and a hip injury claim has not been launched for them, they will have 3 years from that date to file one.
  • Those without mental capacity to claim for themselves – if a loved one has suffered an injury that means they do not have the mental capacity to pursue their own claim, or prior to the accident, they had reduced mental capacity, there is no time limit. The court can appoint a litigation friend in these instances. This person will be able to pursue the claim on the injured person’s behalf. Should the injured person regain enough capacity to pursue their own claim and no claim was made for them by a litigation friend, they would have 3 years to start their own claim.

If you would like to know more about the limitation period for hip replacement compensation claims, speak with an advisor from our team. They can also check to see if you are within the time limit to bring forward a personal injury claim.

What Evidence Can Support A Hip Replacement Claim?

When making a personal injury claim for hip replacement compensation, it is vital that you obtain sufficient evidence. It will need to prove both liability and the injuries you suffered.

Here are a few examples of evidence that could be useful for hip replacement claims:

  • A copy of your medical records. These can be submitted to illustrate the nature of your injury, the treatment you required and the lifestyle impact.
  • Video footage. You can request CCTV footage of yourself, or you may have a video of the accident on your mobile device.
  • Witness contact details. If anyone saw the incident, they can be contacted to provide a statement later into the claims process.
  • Photographs. If you took any pictures of the accident scene, these could support your personal injury claim. You could also submit images of your injury (if these are visible).

If you would like free advice on what evidence could support hip replacement compensation claims, speak to one of our team members.

Case Study: Hip Injury Claim

Mr B suffered a fractured hip in a car crash when another driver sped through a red light and hit the side of his car. He was brought to the hospital in an ambulance. The medical team decided to perform a hip replacement after viewing X-rays. Mr B spent over 2 weeks in the hospital and required multiple physical therapy appointments. Once he was discharged from the hospital, he required a carer to help him for the first 6 weeks he was home. The carer provided 4 hours of care each day. This was then reduced to 2 hours per day for the next 6 weeks. He was unable to return to full work duties as a warehouse supervisor for 12 months.

Mr B decided to pursue a personal injury claim for hip replacement compensation. He was awarded compensation for the physical pain caused by his broken hip and subsequent replacement. Additionally, his settlement included compensation for the associated expenses. This included his loss of earnings, physical therapy, the costs of having a carer to provide support as well as other expenses, such as prescriptions and taxi fares.

As you can see in our case study above, each successful hip injury claim will have different expenses associated with it. For example, another claimant may require childcare costs while they recover but may not need as much support from a carer. This means that knowing the average compensation for a hip injury in the UK may not be helpful for you. In the next section, we explain how compensation could be awarded in a successful personal injury claim.

Hip Replacement Compensation Amounts

If your claim for compensation for a hip replacement injury is successful, you could be awarded up to two types of damages. Your settlement could include general damages and potentially special damages.

If your claim is successful, general damages compensates for your pain and suffering. To help calculate injury values, legal professionals use the Judicial College Guidelines (JCG). It contains compensation brackets for various injuries.

Guideline amounts for hip and pelvis injuries from the latest update are included in our table below. As each claim is different, these hip replacement compensation amounts should not be taken as guaranteed.

Edit
Injury Description Amount
Hips/pelvis (a) Severe – (i) Cases might include pelvis fractures that are extensive or a hip injury that is accompanied by intolerable pain. £78,400 to £130,930
Hips/pelvis (a) Severe – (ii) Fracture dislocation resulting in impotence, for example. £61,910 to £78,400
Hips/pelvis (a) Severe – (iii) Fractures that increase the chances of a hip replacement in the future. £39,170 to £52,500
Hips/pelvis (b) Moderate – (i) No major permanent disability, but a significant injury. £26,590 to £39,170
Hips/pelvis (b) Moderate – (ii) The claimant may require a hip replacement or other surgery either now or in the foreseeable future. Ongoing symptoms are more than minimal. £12,590 to £26,590
Hips/pelvis (c) Lesser injuries – (i) Whilst the injury will have been significant, no or little residual disability will remain within 2 years. £3,950 to £12,590

Special Damages

Some claims may include special damages to compensate for any incurred costs as a direct result of your injury. It is likely that you will need to prove your costs to claim special damages. For example, you could submit receipts, payslips or invoices.

Examples of special damages for hip and pelvis injuries includes:

  • Medical expenses, such as physical therapy costs.
  • Injury aids, such as an electric scooter or wheelchair.
  • Loss of earnings for any time you needed out of work to recover. This could include lost pension contributions as well.
  • Transport costs. For example, taxi fares for travel to hospital appointments.
  • Housing adaptions, such as ramp and stairlift installation.

Call our advisors for any queries regarding the use of our compensation calculator. If you prefer, they can give you a bespoke claim valuation instead.

No Win No Fee Hip Replacement Injury Claims

If you are making a personal injury claim for hip replacement compensation, you may choose to seek the services of a solicitor.

Our solicitors have years of experience handling various types of personal injury claims and could help you with your hip replacement claim. Additionally, one of our solicitors may offer to work with you on a No Win No Fee basis under the terms of a Conditional Fee Agreement.

When working with a solicitor on a No Win No Fee basis, if your claim is unsuccessful, you are usually not expected to pay your solicitor for the work they have done on your case.

However, should your hip injury replacement claim be successful this is when the solicitor working under a CFA can take a percentage from the compensation as their success fee. The law places a cap on the maximum percentage that can be taken.

For further guidance on claiming compensation for a hip replacement with a No Win No Fee solicitor, please speak to a member of our team.

If you would like to discuss the details of your hip replacement compensation claim with one of our solicitor’s, then please contact us for free advice. We can be contacted on 0800 073 8804, alternatively you can also contact us using our online chat option which is open 7 days a week. Whether you’d like us to tell you the average settlement hip replacement claims, or want to know more about payouts for hip replacements that have gone awry in other ways, then we will be happy to help.

Further Reading

Hip Replacement Information – NHS

This link provides useful information on hip replacements and what to expect.

Complete guide to Personal Injury Compensation

This link will take you to our personal injury compensation calculator which will help give you information on personal injury compensation guidelines together with suggested accident compensation amounts.

Other Personal Injury Claim Guides

If you would like to speak to an advisor about compensation for hip replacement injury, you can contact the Legal Expert advisors using the contact details included in this guide.