If your ankle is broken in an accident, you may seek legal advice about making a compensation claim. This case study provides a theoretical example of a broken ankle compensation payout based on our previous experiences of similar claims. The guide explains the injury claims process in detail, along with details on how injuries are valued with reference to general damages and special damages. It also covers No Win No Fee agreements, and how to find the best personal injury lawyer.
For more information, please contact our team. You can call 0800 408 7826, you can use our Live Chat option, or you can complete our online form. Our team of specially trained advisers is accessible 24/7 to handle your enquiry and can offer you all the legal advice and support you need without any obligation to proceed.
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- A Guide To Broken Ankle Compensation Payouts
- What Is A Broken Ankle
- Could My Broken Ankle Cause Financial Pressures?
- Most Common Ways To Suffer A Broken Ankle From Accidents
- You Can Add A Care Claim For A Broken Ankle?
- Ways To Value Compensation
- Case Study: £40,000 For A Broken Ankle Injury
- Call Us For A Free Compensation Calculation Estimate
- How To Get A No Win No Fee Claim For A Broken Ankle
- Easy Ways To Find The Best Personal Injury Lawyers
- Contact Our Advisors
- Further Information
A broken ankle is a serious injury. Should it come about via an accident that wasn’t your fault, you may wonder about potential compensation. This comes via a personal injury claim, which is legal action based on an injury caused by someone else’s negligence.
This guide will cover everything you need to know, including:
- A detailed explanation of a broken ankle injury
- The financial impact of such an injury
- Most common ways that it could occur
- Adding a care claim
- General and special damages
- A case study for a £40,000 compensation payout
- How you could get your compensation calculated
- Details on No Win No Fee claims and finding the best personal injury lawyer
For any personal injury claim, there is a personal injury claims time limit. You have 3 years to claim from the date that your ankle was broken.
There are exceptions to this time period, like if a child or someone who lacks the mental capacity to claim suffered a broken ankle. For those cases, a close relative or another appointed representative could act as a litigation friend. The litigation friend can then process the claim on their behalf.
Please speak to us for more information about anything covered in this guide.
A broken ankle can be identified by the area being too painful to move or put weight upon. It could involve the ankle being positioned at an unusual angle or bones sticking out of the ankle. Significant pain, deep cuts/wounds to the ankle, swelling or numbness and toes becoming white or blue are also common.
To make a successful negligence claim, the following 3 criteria must be met:
- You were owed a duty of care by the defendant
- But that duty of care was breached, resulting in an accident
- And the accident resulted in you suffering an injury, such as a broken ankle.
There are three scenarios we could help you with where an ankle might be broken due to negligence. The first is under employers’ liability (EL), meaning a workplace accident. The Health and Safety at Work etc. Act 1974 states that an employer should so far as reasonably possible uphold the health, safety and wellbeing of their employees. A breach of this could lead to a broken ankle at work claim for a work injury payment.
The second is public liability (PL) cases, meaning accidents that occur in a public place. Here, the Occupiers’ Liability Act 1957 comes into play, as this covers public duty of care. If someone or several people are injured in a public place, it could lead to public injury claims against the body in control of the area in question.
Lastly, there are road traffic accidents (RTAs). Under the Highway Code, drivers have a duty of care towards one another, and also to pedestrians and cyclists. Motorists are viewed as having an equal understanding of skill and attention, covering the safety of everyone around them. A breach here may result in a claim, possibly for multiple injuries, an example being a broken ankle plus whiplash.
You may think you need specialist support, such as a car accident lawyer, but that isn’t the case. To find out more, chat to our team about our expert panel of personal injury lawyers that can help you with any types of claims detailed above.
Financial pressures could arise from a broken ankle. Consider the medical costs in the short, medium and long-term. Then factor in lost earnings, both in the immediate aftermath and for the future. We can also take into account whether the injury has led to the victim’s job being placed under risk. Also, consider additional transport and special care costs. Later on, we’ll explain general damages and special damages in greater detail. In the meantime, call us on the number at the top of this page to find out more about the types of financial losses you can claim for.
Several scenarios may cause a broken ankle. For employers’ liability cases, in 2018/19, there were 581,000 cases of an accident at work. Of those, 29% were slips, trips and falls.
With public liability cases, accidents in public places also consisting of slips, trips and falls are widespread. Public accident claims or even a multiple injury claim would certainly be possible in those scenarios. For RTAs, over 180,000 people were seriously injured on roads in 2016. Similarly, almost 2,000 cyclists were seriously injured in 2018 alone, and this includes broken ankles. You can only speculate how many ankles were severely damaged amongst that figure. Please speak to us for more information.
Alongside your main compensation claim, you could make a care claim. This covers day-to-day activities, including household chores that you can’t complete due to the injury. A care claim is especially important for anyone who lives alone, or those who may have a pre-existing health condition. In such cases, a broken ankle could adversely impact their life to a more significant degree.
A care claim could cover the time and effort of any relatives who now handle your daily self-care, albeit solely as a result of the accident. If you need professional assistance, that could also be covered, such as nursing costs. Talk to our panel of personal injury lawyers on our Live Chat or via phone for further details.
To understand what your compensation could be, you will require an independent medical examination as part of the claims process. The purpose of this is to have an expert examine your injuries to confirm that they were sustained in a manner consistent with the accident. They will also determine your long-term recovery, which will influence the compensation awarded. You could then figure out what you may be compensated for.
There are two categories covering compensation: general damages and special damages.
General damages cover the pain, suffering and loss of amenity brought about by the broken ankle. This includes both the physical and psychological impacts of the injury.
Special damages delve into the costs beyond the broken ankle itself. This covers medical costs, such as prescription medication or any private treatment you may have had to pay for.
Lost earnings during the recovery period could also be factored in. It can also incorporate future lost earnings if your chances of career progression are harmed by the accident.
There are also transport costs to consider, particularly with a broken ankle, as you may be unable to drive during the healing and rehabilitation process. Any private physiotherapy treatment to restrengthen the ankle can also be considered. And any additional costs directly brought about by the broken ankle could be included.
Learn more about general and special damages by calling us on the number at the top of this page.
Wayne Williams is 31 and married to his wife, Lilian. They have a one-year-old son named Jack. Wayne works in an office as a Senior Administrator and has been there for seven years, making £20,000 per annum. His role requires occasional head office trips. Wayne was poised for a promotion due to a vacancy for an Executive Assistant (a position paying £38,000 per annum), with interviews imminent. In his spare time, he enjoys playing football with friends.
One Thursday evening after completing work, Wayne drove to his local supermarket to pick up groceries. While he was there, he slipped on a wet surface caused by lemonade that had been spilt but not cleaned up (no signs warned of any spillages). In the process, Wayne broke his ankle badly, and he required urgent medical attention. He was taken to the A&E department at the local hospital.
Wayne was diagnosed with a severely broken ankle that required an operation involving the insertion of pins and a metal plate. The broken ankle recovery time was 6-8 weeks. During this time, he wore a special boot as a protective covering and took paracetamols and anti-inflammatories, for which he kept receipts.
Wayne then began rehabilitation, which included physiotherapy. It was initially free before further private paid physiotherapy was required. It took approximately 6 months from when Wayne was injured to him achieving full normality in his life.
The injury prevented Wayne from working for a lengthy period. He was distraught that the accident had cost him the potential promotion and significant pay rise. He also missed several head office visits, leaving him worried that his career was in jeopardy. Though Wayne eventually resumed football, he lacked confidence that his foot could handle playing regularly. After all, a further injury could prevent him from ever playing again.
On the evening of the accident, a witness luckily helped Wayne by taking photographs on her mobile phone of the spillage. Wayne also noted the names of the assistants who helped him, witnesses and the store manager. After obtaining legal advice, Wayne filed a compensation claim for negligence against the supermarket for his injury.
Wayne received an out-of-court settlement of £40,000 from the insurance company of the supermarket for the accident.
This included £23,000 in general damages for pain, suffering and loss of amenity, and £17,000 in special damages.
Type Of Special Damages Includes: How Much?
Current Loss Lost earnings from being unable to work £3,330
Potential Loss Lost earnings from a promotion missed out on due to the accident £12,670
Travel Expenses Travel to and from appointments related to the injury & rehabilitation £500
Rehabilitation Private physiotherapy costs to complete the recovery £150
Medical Expenses Prescriptions for paracetamols & other related medical costs £200
Additional Care Added costs for extra care required due to the accident £150
The case of Mr Williams is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
Claimants often wonder what their ankle injury compensation payouts might be. Many law firms use a personal injury claims calculator to provide an estimate. But the figure may be pure guesswork and could lead to disappointment at the final payout. Plus, there is no specific ankle injury compensation calculator, and ankle injury settlement payouts can vary.
Our expert team can provide a more accurate estimate based on your specific circumstances. Anyone can receive a free consultation without any obligation to pursue a claim. So, avoid a compensation calculator and speak to our team about how our panel of personal injury lawyers can help you.
Using a No Win No Fee solicitor can have a major positive impact for any claimant. The key benefit to No Win No Fee agreements is that should your claim fail, you will not be responsible for any of the costs your solicitor has incurred in pursuing your case. There are other benefits too, such as:
- No legal fees are required upfront
- No fees are required before or during litigation
If the claim does succeed, your solicitor will deduct a nominal percentage to cover their costs. This is known as a success fee and is capped by law, so you need not worry about losing a large portion of your compensation.
No Win No Fee reduces the strain on claimants whose finances have already been impacted by the accident. This increases the likelihood of you winning since lawyers who handle your case must work harder to make anything themselves. You can speak to us 24/7 about a No Win No Fee claim for your broken ankle.
Personal injury lawyers can be found from online searches, high-profile news coverage, and reviews from past clients. By taking extra time to find the right legal representation, the odds of your claim succeeding increase. Some claimants believe they have to stick to a local solicitor, but that isn’t the case.
Our service operates all over the UK, so go with the best rather than the closest. Please speak to us today for more information about how we can take all of the time and effort of finding the right lawyer for you.
At this point, you may wish to find out more about a claim for a broken ankle. The next step is to speak to our team who can connect you to our panel of personal injury lawyers. They’ll be able to handle your case from there. You can:
Our call centre can be contacted 24 hours a day, 7 days a week. Please speak to our expert team today.
Thank you for reading our guide on No Win No Fee claims for a broken ankle compensation payout. The links below can provide further information from credible external sources.
For details on broken ankle compensation claims, click here.
Learn more about care claims by clicking here.
For guidance about No Win No Fee, you can click here.
To read the NHS’ guidance on a broken ankle, click here.
Find out more about the Health and Safety Executive by clicking here.
For information on employment rights, you can click here.
Guide by MA
Edited by RI