By Jo Anderson. Last Updated 20th February 2024. Welcome to this page which includes information on personal injury claims payouts for a fracture ankle injury. Here, we explain why asking questions about the average compensation for an ankle injury such as a shattered ankle, might not give you insight into your own ankle injury compensation amounts. But first, we look at what happened when one claimant successfully reached a settlement for a fractured ankle.
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- £75,000 Compensation Payout For A Fractured Ankle Case Study
- Eligibility For Fractured Ankle Claims
- Time Limit For Claiming A Compensation Payout For A Fractured Ankle
- Evidence For A Fractured Ankle Injury Claim
- What Is The Average Compensation For An Ankle Injury?
- No Win No Fee Claims For A Fractured Ankle
£75,000 Compensation Payout For A Fractured Ankle Case Study
This is an illustrative study of a case conducted by a different law firm. We have experience in handling cases similar to this. All names have been removed to changed to protect the claimants identity.
In this case the claimant was seeking compensation for a fractured ankle which he suffered after falling from a ladder at work. The injury was quite serious, resulting in long-term problems for the claimant. The claimant was also left unable to carry on working after this. Solicitors acting on behalf of the claimant conducted the claim and in an out of court settlement the claimant was awarded a total of £75,000.
This was awarded for a combination of damages for the injury itself, as well as for anticipated future loss of income, and expenses related to the claimants injuries. It is common for personal injury claim settlements to be made up of several elements compensating you for your injuries as well as for related costs. This case was resolved without the need to go to court. In most personal injury cases, solicitors acting for the claimant and defendant will be able to negotiate a settlement between them without the need to go to court.
Eligibility For Fractured Ankle Claims
If you’ve suffered a broken ankle in an accident, to be eligible to make a personal injury claim, you would need to prove:
- You were owed a duty of care by a relevant third party.
- They breached this duty of care.
- Their breach caused your injuries.
There are many situations where someone owes you a duty of care. Some examples include:
- Your employer – All employers have a duty of care towards their employees under the Health and Safety at Work etc. Act 1974. They must take reasonably practicable steps to avoid you suffering harm at work.
- Occupiers – Anyone in control of public premises (an occupier) has a duty of care towards those using those premises for their intended purpose. Under the Occupiers’ Liability Act 1957, they must take steps to protect the public from reasonably foreseeable harm.
- Road users – Road users owe a duty of care towards other road users. They must follow the rules and regulations in the Road Traffic Act 1988 and the Highway Code. They must also navigate the roads in a way that avoids causing harm to themselves or others.
If a relevant third party breaches such a duty of care towards you, causing you to suffer an injury, you could be eligible to make a personal injury claim. Please contact our expert advisors, who can check your eligibility to make a broken ankle claim.
Time Limit For Claiming A Compensation Payout For A Fractured Ankle
If you are eligible to make a claim for compensation for a broken ankle, you will only have a limited amount of time to do so. Under the Limitation Act 1980, the time limit for a personal injury claim is 3 years from the accident date. However, there may be some exceptions to this.
For example, if a child suffers a broken ankle, they would not be able to file a broken ankle compensation claim for themselves until they turn 18. During this time, a litigation friend could make a claim on their behalf. If no claim is made and the injured party turns 18, they would then have until their 21st birthday to start their own claim.
For those who lack the mental capacity to make their own claim, the time limit is suspended indefinitely, and a litigation friend could act on their behalf. If the injured person were to regain this mental capacity and no claim has been started for them, they would then have 3 years to do so from the date of recovery.
To learn more about the time limit for claiming or to ask questions about the average payout for a broken ankle in the UK, please call an advisor.
Evidence For A Fractured Ankle Injury Claim
When you make any compensation claim, you will need to submit supporting evidence. This will need to prove liability for your injured ankle. Here are a few examples of evidence that could be useful for ankle injury claims:
- Photographs. If your ankle injury is visible, you can submit photos of it. You can also submit pictures from the accident scene or a specific item, such as a trailing wire or pothole, that caused the accident to happen.
- Witness contact details. If anyone saw how the accident happened, you could take the contact information, so they can provide statements later on in the claims process.
- Medical evidence. A copy of your medical records can help show the nature of the ankle injury you suffered and what treatment you required.
- Accident reports. There might be reports about the accident, such as a police report if the injuries sustained occurred in a road traffic accident or an accident log book if your injury happened in an accident at work.
- Footage from the scene. For example, if there was CCTV, you can request this footage of yourself.
Please direct any questions you may have about gathering evidence for a personal injury claim to a member of our advisory team. They can further discuss the claims process as well as check whether you could be eligible to claim a compensation payout for a fractured ankle.
What Is The Average Compensation For An Ankle Injury?
Some people may research the average payout for a broken ankle in the UK because they think it may give them insight into their own payout. However, every payout is different. The compensation you would receive would depend on the unique facts and circumstances of your case.
Generally, broken ankle compensation payouts could include general and special damages.
General damages would compensate you for the pain and suffering you’ve endured due to your injury. Those calculating general damages payouts could refer to a publication known as the Judicial College Guidelines (JCG). This is a publication that provides guideline payout amounts for various injuries at different severities. Some figures from the 2022 edition of the JCG can be found in the table below. However, this is only guidance, and the top figure is not included in the JCG.
Injury | Severity | Notes | Compensation Guidelines According to the JCG |
---|---|---|---|
Several Serious Injuries | Serious | Combinations of serious injuries that cause significant pain and financial losses, such as lost earnings or mobility aids. | Up to £100,000+ |
Ankle (a) | Very Severe | Limited/unusual cases. For example, a transmalleolar fracture with extensive damage to soft-tissue resulting in deformity and future amputation risk. | £50,060 to £69,700 |
Ankle (b) | Severe | Long period of treatment, pins and plates and a continuing instability. | £31,310 to £50,060 |
Ankle (c) | Moderate | Fractures, tears to ligaments etc which lead to serious consequences, such as instability. | £13,740 to £26,590 |
Ankle (d) | Modest | Less serious injuries such as dislocations/fractures with various levels of recovery. | Up to £13,740 |
Achilles (a) | Most Serious | Severed tendon with restriction of movement. May have to give up sport, for example. | In the region of £38,430 |
Achilles (b) | Serious | Complete division of the tendon, but where surgery has helped. Some residual disabilities. | £24,990 to £30,090 |
Achilles (c) | Moderate | Partial rupture which may lead to residual problems. | £12,590 to £21,070 |
Achilles (d) | Minor | Turned ankle causing pain and feeling of weakness. | £7,270 to £12,590 |
Special damages, on the other hand, compensate for financial costs and losses caused by your injuries. These could include, but are not limited to:
- Medical expenses – If you have needed to pay for prescriptions, for example.
- Loss of income – If you have lost out on pay because you needed to take time off work to recover.
- Care costs – If you have had to receive care at home for your injuries.
- Travel expenses – If you have had to pay for travel to medical appointments or to meet with your solicitor, for example.
You would need to provide evidence that these costs and losses were reasonably incurred due to your injuries. To learn more about this, or how your broken ankle compensation payout would be calculated, please contact an advisor.
No Win No Fee Claims For A Fractured Ankle
If you’re eligible to make a broken ankle compensation claim, you might want to get help from a legal professional. A solicitor could help you gather relevant evidence for your claim, ensure that it is submitted in full within the relevant limitation period, and negotiate a fair settlement for you.
One of our solicitors may offer to work on your case under a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). If they do, you would typically not have to pay them anything upfront for them to begin working on your claim. They also won’t ask for payment for their legal services while your case is progressing or should it fail.
If you are awarded compensation for a broken ankle, your solicitor will deduct a legally capped percentage from this as a success fee.
To learn more about making a personal injury claim on a No Win No Fee basis, or to find out more about the average payout for a broken ankle in the UK, you can contact an advisor. They can give you free advice for your case, and potentially connect you with one of our solicitors. To connect with them today, you can:
- Call: 0800 073 8801
- Use Live Chat to contact an advisor
- Contact us online
Useful Links Relating To Personal Injury Claims Payouts For A Fracture Ankle Injury
NHS Guide To Broken Ankle Injuries
Find out more about broken ankle injury treatment, recovery, and the overall prognosis for this type of injury in this guide from the NHS.
Ankle Injury Claims
This is our guide to the different types of injury to the ankle which people can suffer, and how to claim compensation for them.
Broken Or Fractured Bone Claims
How much compensation for a broken or fractured ankle could you claim? Find out what compensation claims may be worth in this calculator.
Other Guides
- How Much Are Kidney Injury Compensation Claims Worth?
- How To Make Military Injury Claims
- Loss Of An Arm Claims Guide
- Soft Tissue Injury Claims
Thank you for reading this page regarding personal injury claims payouts for a fracture ankle injury. Whether you’ve suffered a broken ankle in a road traffic accident, suffered soft tissue injuries or another type of ankle injury, we could help. For free advice from a friendly solicitor on negligence claims, work injury claims or claims for financial losses cal 0800 073 8801 today. Our personal injury solicitors are here to help.