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Personal Injury Claims

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If you’ve been injured in an accident that occurred because someone who had a duty of care towards you breached this duty, you may be able to claim compensation for your suffering.

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A Guide To Ankle Injury Claim Compensation

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There are many ways to get an ankle injury, including slipping, tripping, and falling on unsafe steps or uneven ground. Ankle injuries can vary from a simple ankle sprain or strain to a complex and painful fracture. A fractured ankle joint can take months to recover from.

If you have experienced an ankle injury, you might consider making a compensation claim. Below, we’ll be able to tell you everything you need to know, from how the claims process works to how ankle injury compensation could be awarded.

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Understanding Ankle Injuries

There are many different types of ankle injuries, including damage to the bone and soft tissue injuries to the ligaments and tendons around the joint.

Limb injuries are taken seriously in a compensation claim because they impact our ability to go about our daily tasks. If you have injured your ankle, you may be unable to go to work, drive, or walk. Furthermore, you could even be left with lifelong walking problems or a permanent disability. This is all reflected in an ankle injury compensation claim.

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What's Involved In An Ankle Injury Claim?

To be able to claim ankle injury compensation, you must demonstrate that the accident which resulted in your ankle injury was the fault of someone else.

An ankle injury claim falls within the category of personal injury claims. A personal injury claim is a civil case for damages against another person or organisation who owes you a duty of care and has been negligent.

A duty of care is a legal obligation a third party owes to keep you from harm in certain circumstances.

Your employer owes you a duty of care to minimise risk and avoid accidents in the workplace for example. Motorists owe a duty of care to each other and other road users like cyclists and pedestrians not to navigate in a safe manner to prevent injury and damage to others on the roads. Controllers of a public space like a supermarket or car park have a duty of care to keep members of the public from harm. If you’ve been injured in similar circumstances then you might be entitled to make a claim.

A successful ankle injury compensation claim will require you to show that you were owed a duty of care and that this has been breached, resulting in your ankle injury.

A personal injury claim for ankle injuries can lead to financial compensation for physical pain and mental suffering caused in the accident. It also covers any financial losses, such as lost income because you can’t work, medical treatment costs and other expenses incurred as a result of the injury.

Most claimants use a specialist personal injury solicitor to pursue compensation for an ankle injury.

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How To Start A Claim For Ankle Injury Compensation

Starting an ankle injury claim can seem daunting, especially if you, like most people, don’t have any legal knowledge. Most people consult personal injury experts to progress their claim. Although it isn’t essential to make sure you choose lawyers who work on a No Win No Fee basis, you may find this type of arrangement beneficial.

However, the first thing you have probably done is seek medical treatment for your injured ankle, and that’s always the most important thing to do after an accident. Once your injury has been assessed and treated, you should also contact the person or organisation you think is responsible for the accident.

So, what happens next?

Collecting Evidence

To be able to claim for your ankle injury, you must first show how the accident happened and liability for the injuries sustained. The usual way to do this is using things like an accident report, photos of where the accident happened and witness statements.

Photos or film of the location could be taken as soon as possible after the accident occurs. Sometimes, it’s easier to demonstrate how the accident happened with a short film rather than static photos. Witnesses may include passers by or friends or family who were with you at the time. You could note their contact details so they can give statements later into the personal injury claims process.

Medical reports which detail the type and severity of ankle injury will also form part of your ankle injury claim detailing the treatment you received as a result of the accident.

Establishing A Duty Of Care And Negligence

One of the first things a solicitor will do in an ankle injury claim is determine who controls or owns the location where the accident took place.

If you incurred an ankle injury at work, that’s easy to establish. However, if you were out in a public space, it can be more complicated depending on who owns the land.

Once your solicitor has established the third party’s identity and whether they owe you a duty of care, they will examine the facts carefully to determine whether or not that person or organisation has been negligent.

If the facts demonstrate that your ankle injury resulted from a breach of duty of care, then your solicitor will start a compensation claim on your behalf.

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The Claims Process

Your solicitor will claim ankle injury compensation against the third party who has been negligent. You can claim compensation for pain and suffering caused by the accident as well as any financial losses which flow from it like lost income and medical expenses.

The person you are claiming against is called the defendant, and if they contest the case, your ankle injury compensation claim could end up in court. Your solicitor will represent you at a court hearing, but most claims are settled without the need to go to court.

Common Ankle Injury Claims

The most common ankle injuries include:

  • Ankle sprains – this is damage to the ligaments that support the ankle joint and connect the bones, most commonly a sprained ankle, but there are other types of ligament injuries.
  • Broken ankle – a fracture is a break to any bone in the ankle. A fracture can be simple, compound or open, where one or more ankle bones protrude through an open wound. Open breaks are considerably worse, and compensation payout will reflect this as a result.
  • Dislocated ankle – a dislocation can occur concurrently with a fracture because of the strength of the ligaments which support the ankle joint. A dislocation is one of the most severe ankle injuries and can have long-term consequences if not treated urgently.
  • Damage to the Achilles tendon – this includes inflammation or a tear in the tendon that goes around the heel bone and attaches to the calf muscle

 

Ankle Injury Compensation Amounts

Ankle injury settlements vary, so a compensation payout will depend on the severity of the ankle injury. The legal profession and the courts may refer to a document called The Judicial College Guidelines to help value ankle injury claims.

Medical reports will help clarify whether you have a serious ankle injury and how much compensation you might be able to claim. You might need to have your ankle assessed by an independent medical expert.

From a sprained ankle to a broken ankle, these guidelines provide ranges for different ankle injury settlement amounts depending on the various types of ankle injury. Here are some examples.

  • Very severe ankle injuries can result in compensation awards between £61,090 and £85,070. The classification of a very severe ankle injury is unusual and is limited to cases resulting in a leg deformed permanently and with the risk that any future injury to the leg may result in below-knee amputation.
  • Moderate ankle injuries include fractures and ligament tears which give rise to difficulty walking on uneven ground or walking or standing for long periods and awkwardness on stairs. These injuries can receive compensation of between £16,770 and £32,450
  • Modest injuries include minor or non-displaced fractures, ankle sprains and ligamentous injuries and can receive awards of up to £16,770. If a complete recovery is made without any ongoing symptoms, scarring or permanent ankle stiffness, any compensation is unlikely to exceed £9,390

 

How much compensation you receive will depend on the nature and severity of your ankle injury.

What Are Special Damages?

Special damages can also form part of your financial recovery on top of the compensation for the pain and suffering of your ankle injury.

Special damages cover lost income due to being off work and if you have to claim Statutory Sick Pay (SSP), which is less than your normal salary or wages, they can cover the difference.

They also cover additional expenses like the cost of public transport or taxis because your ankle injury means you can’t drive. It also includes the cost of medical treatment during your recovery, such as physiotherapy.

If you want to claim special damages as part of your compensation for an ankle injury, then you will need to be able to show evidence of the expenses you have incurred, such as receipts, transport tickets and payslips.

How No Win No Fee Solicitors Co Can Help You Make An Ankle Injury Compensation Claim

If you want to make an ankle injury compensation claim then it’s highly advisable to work with the right specialists in personal injury. Here at No Win No Fee Solicitors Co, our team are experts in ankle injury claims and can help you claim compensation.

As our name suggests, we operate on a No Win No, Fee basis. This means you don’t pay anything to start a claim for your ankle injuries. The No Win No Fee basis means that if you don’t end up with compensation for your ankle injury, you won’t pay us a penny in solicitor’s costs, so there is absolutely no personal financial risk.

You’ll only pay legal costs if you are awarded compensation; this is sometimes called a success fee. The amount is a percentage of compensation that has been awarded to you, so you won’t need to pay anything up front. You only pay if you win.

Ankle injuries are unpleasant even if you make a complete recovery, but fortunately, claiming compensation couldn’t be easier. Call us now at the number above, write to us here, or message us via our live chat box. We’re always happy to help.

Frequently Asked Questions

Below we’ll answer common questions regarding ankle injury claims.

A Conditional Fee Agreement is a type of No Win No Fee funding basis on which a personal injury solicitor acts on behalf of a client. This arrangement means a solicitor can start working on your case without requiring payment and will only charge a fee if you successfully receive compensation for an ankle injury. The agreement reflects the cost as a percentage, so the final figure will depend on how much compensation you are awarded.

Some types of ankle injuries constitute a serious injury requiring ongoing medical treatment and can have a prolonged recovery time. Even moderate ankle injuries will cause pain and significantly disrupt your daily life. After an accident, most people don’t feel able to tackle the difficulties of a legal claim which adds extra worry whilst you are trying to recover. Expert legal advice can take all the stress out of ankle injury compensation claims, from sorting out the details and processing the claim to negotiating ankle injury settlement amounts with the other side.

You generally have three years to make a personal injury claim under the Limitation Act 1980. The three-year period runs from the date of the accident. The time limits don’t apply to young people and children under the age of eighteen or those without the mental capacity to manage their own claim.

Sometimes, you can be partly to blame for your accident. An easy example of this is a serious ankle injury in the workplace where the floor is potentially hazardous due to employer negligence, but you have also failed to follow proper safety regulations, such as wearing appropriate footwear in a wet area. Both drivers can be partly to blame for their injuries in road traffic accidents. In law, this is called contributory negligence. You can still make a claim, but your compensation for an ankle injury will be reduced proportionally to reflect your level of blame.

A successful claim which is straightforward and uncontested should be settled within a few months. Longer, more complicated cases where a claimant has a serious ankle injury and may be left with lifelong changes like permanent walking problems can take months, if not years, to resolve because the full nature of the injuries may not be apparent for some time. In these cases, the court will often arrange for an interim payment to be made to the claimant to help with some of the expenses associated with the accident.

Some cases end up in court because the accident may be disputed or the defendant may challenge the premise that they owe you a duty of care. Your personal injury solicitor will represent you throughout the claim and you still won’t pay any legal costs unless your claim is successful.