Last Updated on April 23, 2026 by tanya

Make a Personal Injury Claim for a Shattering Fracture

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

How To Claim Compensation When It Wasn’t Your Fault

You may be entitled to make a personal injury claim for a shattering fracture if you’ve been involved in an accident which wasn’t your fault. A shattering fracture, sometimes called a comminuted fracture, happens when a bone is broken into multiple fragments. These injuries often result from high-impact accidents and can lead to prolonged recovery, permanent damage, and significant financial loss.

If you or a loved one has suffered such a fracture due to someone else’s negligence, you may want to seek compensation for such a serious injury which may have a significant impact on your life.

Our team partners with highly experienced lawyers who will assess your case for free and who operate on a ‘No Win, No Fee’ basis.

 

When Can You File a Personal Injury Claim?

The Time Limit (Limitation Period)

Most personal injury claims must be issued within three years of the date of the accident or the date when you became aware of the injury. This rule is set out in the Limitation Act 1980.

If you miss this three-year deadline, a court is unlikely to allow you to proceed. However, there are important exceptions:

 

• Children: A parent or guardian can start a claim on behalf of a child before their 18th birthday. Once the child turns 18, they have until age 21. This effectively provides three years from turning 18 to pursue their own claim.
• People lacking mental capacity: If the injured person lacks legal capacity (e.g. due to brain injury), the limitation period may be paused until capacity is regained, or a litigation friend may act.
• Delayed discovery: If the link between the accident and your injury was not clear immediately (for example, complications or worsening symptoms), the three years may run from the date you knew – or should reasonably have known –  you had a claim.

 

Because shattering fractures often involve complex medical complications and delayed symptoms, it’s vital to act quickly and consult a solicitor early.

 

What Must You Prove? Negligence and Duty of Care

To bring a successful personal injury claim for a shattering fracture, you must establish:

 

A duty of care owed by the defendant (the person or entity you allege was responsible).

A breach of that duty (i.e. negligence).

Causation: their breach caused the fracture or made it worse.

Damage: you suffered injury, loss, or cost (both physical and financial).

 

Duty of Care

In many everyday scenarios, a duty of care is automatically owed:

 

Employers owe their employees a duty under health and safety law.

Property owners or occupiers owe to lawful visitors under the Occupiers’ Liability Act.

Drivers and road users owe a duty to other users under common law, Road Traffic Act, and Highway Code.

Medical professionals owe a duty to treat patients with reasonable care (in medical negligence claims).

 

If your shattering fracture occurred in one of the above, a duty of care likely existed.

 

Breach of Duty (Negligence)

You must show that the defendant failed to meet the required standard of care. Examples include:

 

A driver running a red light, hitting you and causing a severe leg fracture.

A property owner failing to repair a dangerously cracked pavement where pedestrians walk.

A workplace failing to provide safe scaffolding, leading to a fall.

A medical professional failing to diagnose or treat a fracture properly, causing further fragmentation (for example, mismanaging a stressed bone that later “shatters”).

 

Linking Breach & Injury

It is not enough to show negligence; you must be able to directly link that breach to the injury you suffered. You must demonstrate that the shattering fracture was a reasonably foreseeable consequence of the negligence, not an unrelated intervening act.

 

Accidents That Commonly Cause Shattering Fractures

A shattering fracture arises from very high force or trauma. Some common scenarios in which this type of fracture may be sustained include:

 

Road traffic collisions: High-speed car crashes, motorcycle accidents, or collisions with heavy vehicles can generate significant force and can shatter long bones like the femur, tibia, radius, or humerus.

 

Falls from height: If someone falls from a scaffold, roof, ladder, or mezzanine, the impact can cause bones to break into many fragments.

 

Industrial or Construction Accidents: Machinery crush injuries, falling objects, or heavy equipment mishaps can cause comminuted fractures.

 

Sporting accidents with high impact: Although less common, in contact sports (e.g. rugby) or extreme sports (e.g. downhill biking) a bone can break into fragments under very high stress.

 

Medical negligence: If a bone is already weakened (for example by osteoporosis, tumour, or infection) and a clinician mismanages the diagnosis or treatment, further fragmentation might occur.

Because shattering fractures are severe, they may occur along with soft tissue damage, vascular injuries, nerve damage, compartment syndrome, or risk of infection, each of which increases complexity and value of any claim.

 

How Is Compensation Calculated?

Compensation in personal injury claims generally covers:

 

General damages — for pain, suffering, loss of amenity, and any ongoing impairment.

Special damages — for financial losses caused by the injury, such as medical costs or lost wages.

Future Losses – if your injury leaves a permanent impairment, your claim may include future care costs, loss of pension, reduced life expectancy, and loss of future earnings.

 

Because shattering fractures often lead to long-term disability, future losses can form a large part of the compensation.

 

When Should You Start the Claim Process?

Even though you often have up to three years, the sooner you act, the better as evidence may be lost or mislaid over time. Early steps may include:

 

Seeking medical treatment and ensuring diagnosis of the shattering fracture

Documenting the accident (photos, witness statements)

Keeping records of all expenses, earnings, treatment, amendments

Contacting a specialist personal injury solicitor quickly

 

Example of Shattered Fracture Personal Injury Claim

You suffer a shattering tibia and fibula fracture in a car crash caused by another driver’s negligence. Your solicitor secures liability, and medical experts confirm permanent mobility impairment.

General damages might be valued in the high range for leg injuries (say £60,000–£100,000) plus special damages for care, adaptations, and lost earnings.

 

Your Quick Checklist

You generally have three years from the accident or knowledge of injury to file a personal injury claim.

 

A shattering fracture typically results from high-impact accidents (road, falls, industrial).

You must prove duty, breach (negligence), causation, and damages to succeed.

Compensation includes general damages (pain, loss, disability) and special damages (financial costs).

Because of the complexity and severity, these claims often take longer and involve expert medical evidence.

Acting early enhances your chance of success

 

Take Action Today

If you or a family member has suffered a shattering fracture through someone else’s fault, don’t wait. Start by gathering your medical records and any photos or CCTV of the accident.

To maximise your compensation, contact our team today to get your claim started today. For your free, no-obligation consultation:

📞 Call 0333 358 2345 now or contact us online at First Personal Injury.