When can you claim compensation for an ankle injury?
Anyone who suffers an ankle injury as the result of the negligent actions of someone else, a business or organisation, could seek to pursue a claim for compensation. To succeed, the injured person must be able to identify a hazard or act of negligence that has caused their ankle injury.
Slipping Accidents
If you have sustained an ankle injury as a result of a slipping accident, a claim will succeed if it can be demonstrated that the area which caused you to slip was not marked with a hazard warning sign. The hazard must have been in situ for a sufficient period of time that the business or organisation responsible for the area should have erected a warning sign and removed the hazard.
Tripping Accidents
Ankle injury claims often arise as a result of a tripping accident in a public place. If you have injured your ankle as a result of a uneven pavement surface, a broken kerb or step, you could succeed with a claim if it can be demonstrated that the landowner or local authority responsible for maintenance has failed to carry out adequate routine inspections and acted on repairing any dangerous hazards found.
As a general rule of thumb, to succeed with a claim for ankle injury compensation as a result of a tripping accident, it must be shown that the defect that caused the ankle injury is 25mm or more in height/depth and that the landowner failed to identify and repair the defect in a reasonable time.
Ankle injuries at work
A work accident claim will succeed if you sustain an ankle injury that can be directly linked to a lack of training or employer negligence. For example, slipping on a wet floor at work where there is no hazard warning sign, or a fall from height at work due to the provision of the wrong ladder or a lack of access platforms.
Road Traffic accidents
If your ankle injury was caused in a road traffic accident that was not your fault, whether you were a driver, passenger, pedestrian or cyclist, you can seek to claim ankle injury compensation from the insurers of the person responsible for the accident.
At Direct2Compensation we can assist you whether the negligent party was insured or not.
Different types of ankle injury
Common types of ankle injuries at the heart of a successful claim include:
- Fractures
- Dislocations
- Soft tissue injuries including ligament tears and sprains
- Severe bruising
- Lacerations
The most common injury that leads to a claim for ankle injury compensation is one of a soft tissue nature involving ligament damage. Such injuries can be more serious than a simple fracture and can lead to a long recovery period.
Any person who suffers a soft tissue ligament injury to the ankle, and has symptoms that last for 2 weeks or more, can seek to make a claim. Most soft tissue injuries take up to 6-8 weeks to recover, but in cases where surgical intervention is required, recovery periods will be far longer.
Check out the NHS website for information on how to ease your ankle pain.
Compensation amounts for ankle injuries
The value of a compensation settlement for an ankle injury will vary depending on its severity. The amounts below are for the injury itself, but you can also claim for special damages which would include your expenses, lost income and rehabilitation therapies, for example.
The rarest and most severe injuries may involve fractures and soft tissue damage resulting in deformity, and potentially amputation. Such cases may reach settlement values in excess of £50,000.
Severe injuries that leave a person with significant disability and reduction in mobility, necessitate an extensive period of treatment in plaster and/or where pins and plates have been inserted, can usually expect compensation of between £20,000 and £40,000.
Moderate ankle injuries would include fractures and ligament tears that give rise to occasional difficulties in walking or standing. Here the value of a settlement would fall around £10,000 to £20,000.
Minor ankle injuries see values of up to about £10,000 depending on whether a complete recovery has been made.
The following table displays The Judicial College’s guidelines on compensation amounts for ankle injuries of different severity.
Severity of injury | Compensation amount |
---|---|
Very severe with future risk of lower leg amputation and permanent consequences | £47k - £65k |
Severe, requiring lengthy treatment and significant residual disability | £29k - £47k |
Moderate, e.g fractures, ligament tears, with ongoing discomfort in certain activities | £13k - £25k |
Modest, with varying levels of recovery | Up to £13k |
Once your specialist solicitor has obtained your medical report they will be able to give you an idea of how much compensation to expect for your injury.
How to report or record the details of your accident
As with any claim for compensation, a claimant will need supporting evidence to demonstrate that their ankle injury was caused by someone else’s negligence. Alongside important evidence such as medical reports, having the details of the accident properly reported and recorded will give your specialist solicitor the best chance of succeeding with a claim.
In most cases, anyone who suffers an ankle injury should make sure that the details of their ankle injury are recorded within the accident book of the business or organisation responsible for the accident site.
Commonly, in a supermarket or shop, the accident book will be held within the store and you should report your injury to a member of staff.
When out in public, it is most likely that the responsible landowner will be a local authority. In such cases, you should contact your local highways department responsible for the maintenance of the footpath (or area where you injured your ankle) and advise them of what happened and where.
In any record of an ankle injury it is important that the cause of the ankle injury is noted – such as slipping on a spillage with no hazard warning sign, or due to a large pothole or broken curb.
If you are unsure as to how to report the details of your ankle injury to the right people, contact us for help.
How Direct2Compensation can help you
At Direct2Compensation, our expertly trained and knowledgeable staff can easily identify whether or not the cause of your ankle injury will enable you to make a claim for compensation. We speak in simple terms so that you will understand your rights and how our No Win No Fee claims service can benefit you.
We’ll advise you as to how to report your ankle injury properly, what photographs you may need of the accident site, and link you with some of the best ankle injury compensation solicitors available.
Our specialist solicitors will seek to maximise any settlement for you, with expert medical reports obtained to support your claim, and we’ll also make sure that any lost income and costs incurred are fully recovered in your special damages claim.
We have a genuine expertise in ankle injury compensation claims and invite you to start your claim online today, or call us on 01225 430285.
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