By Jo Anderson. Last Updated 12th January 2024.If you’ve suffered a broken ankle, you may already be aware of just how painful, disruptive and immobilising this injury can be. If this accident was caused by someone breaching the duty of care they owed you, you could make a personal injury claim.
In this guide, we explain how you can take legal action today. We also explain how compensation is valued in personal injury claims, and provide you with a case study that shows how a person suffered an injury and made a claim.
If you’d rather speak with us now to see how much compensation you could be entitled to, reach out to us today for free.
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Select A Section
- Case Study: £58,000 Compensation Payout For A Broken Ankle
- Who Could Make A Broken Ankle Claim?
- How Long Do I Have To Make A Broken Ankle Claim?
- How Do I Prove A Claim For Broken Ankle Compensation?
- What’s The Average Payout For A Broken Ankle In The UK?
- Make A No Win No Fee Claim For A Broken Ankle
- Useful Links Relating To Claiming For A Broken Ankle
Case Study: £58,000 Compensation Payout For A Broken Ankle
We have provided the following figurative case study to help you understand the steps involved in seeking a compensation payout for a broken ankle and what a settlement could address.
Mr Matthews was working in a warehouse where he was tasked with carrying out manual handling work without being given any training. Furthermore, no risk assessments were carried out to determine whether any lifting aids were required.
As a result, Mr Matthews lifted heavy boxes that should have been moved with a pallet truck due to their weight and he dropped the boxes on his ankle. This led to a crushed ankle fracture. He also suffered soft tissue damage to his shoulders and back.
Mr Matthews received surgical treatment for the ankle fractures and was left with permanent mobility issues. He had to use mobility aids such as a walking stick and a Zimmer frame to walk, climb stairs or traverse uneven surfaces. Even his back and shoulder injuries still impacted him and he was unable to return to the same role in work. This caused a psychological impact and affected his quality of life.
What Did The Payout Include?
After seeking legal advice from an expert personal injury solicitor, Mr Matthews was able to build a strong case and succeeded in being awarded a settlement of £58,000.
The compensation payout he received addressed the pain and suffering of his physical and psychological injuries as well as the impact of the injury on his quality of life. Additionally, the payout addressed the financial losses incurred, such as the cost of walking aids and lost earnings from time taken off work as well as a change in roles.
If you believe you could have a claim for an ankle injury, please contact an advisor for a personalised estimate of your compensation.
How to claim compensation for a broken ankle
Who Could Make A Broken Ankle Claim?
Before we look at what a broken ankle compensation payout could include, we should first discuss when you could be eligible to make a claim for compensation for a broken ankle. For your case to be valid, you will need to prove:
- Someone owed you a duty of care
- They breached their duty of care towards you
- You suffered a broken ankle as a result.
Various third parties owe you a duty of care, such as:
- Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). It states that your employer must take reasonable steps to prevent you from coming to harm due to your work or workplace.
- Occupiers (those in control) of public places owe you a duty of care when you are using their premises for their intended purposes. Under the Occupiers’ Liability Act 1957, they must make those places reasonably safe for you to use.
- Road users also owe each other a duty of care. They must ensure they use the roads in a way that doesn’t cause harm to themselves or other road users. Furthermore, they must follow the Road Traffic Act 1988, and the rules and guidance found within the Highway Code.
If someone breaches a duty of care towards you, and their breach results in an injury, you may be eligible to make a personal injury claim for broken ankle compensation. Please contact an advisor for a free eligibility check on your case.
How Long Do I Have To Make A Broken Ankle Claim?
As well as meeting the above eligibility criteria, when claiming for broken ankle compensation, you would need to file your case within the relevant limitation period. Per the Limitation Act 1980, you would typically have three years from the date of the accident to start a personal injury claim for compensation for a broken ankle.
However, there are certain instances where exceptions can be made to this time limit. For example, if someone under 18 suffers an ankle injury, they would not be able to claim until they turn 18. During this pause, an appropriate adult could apply to be a litigation friend and bring a claim forward on the child’s behalf. If this is not done, and the injured party turns 18, they will have three years from their 18th birthday to begin their own claim.
There are also exceptions that apply to those who lack the mental capacity to make their own claim. In these instances, the time limit is indefinitely paused. Once again, during this pause, a litigation friend could make a claim for them. Should the injured party regain the mental capacity needed to make their own claim, they will have three years from this recovery date to start one, provided that one hasn’t already been made on their behalf.
To learn more about how long you might have to claim, please contact an advisor. They can answer questions about eligibility and how long it might take to obtain a broken ankle compensation payout.
How Do I Prove A Claim For Broken Ankle Compensation?
Here are some examples of the steps you could take to help support your claim include:
- Make sure you have the details of anyone involved in the accident. This could be the details of any witnesses. They could provide a statement about the incident.
- Seek medical attention for your injuries. Your personal injury claim will need to be supported with medical evidence. This can come in the form of doctor or hospital reports. Additionally, your solicitor may need to arrange an appointment for you to see an independent medical assessment as part of the claims process. The report from this assessment can also be used as medical evidence to support your claim.
- Write down what happened to you. That way, you can refer back to it so that you don’t forget the events as they occurred.
- Take photographs of the accident and your injuries.
- Get legal advice. As we explain below, if you have questions about the average payout for an ankle injury or you want to know whether you could claim, we’re here to help. We offer free advice and could help you begin a claim.
What’s The Average Payout For A Broken Ankle In The UK?
If you make a successful personal injury claim, your broken ankle compensation settlement will include general damages. This provides you with compensation for your injury and the pain it has caused you.
Those in charge of calculating your broken ankle compensation payout, may refer to the Judicial College Guidelines (JCG) when valuing your claim for general damages. This publication provides guideline payout amounts for a range of injuries at various severity levels.
The table below contains some figures from the 16th edition of the JCG, released in 2022. However, this table should only be used as guidance. Furthermore, it is important to note that the top entry of this table has not been taken from the JCG.
| Injury Type | Compensation Bracket | Notes |
|---|---|---|
| Multiple Serious Injuries with financial losses. | Up to £100,000+ | Multiple injuries when combined result in significant disability and financial loss such as loss of income. |
| Very Severe Ankle Injuries (a) | £50,060 to £69,700 | Transmalleolar fracture of the ankle with soft tissue damage resulting in deformity and risk of amputation. |
| Severe Ankle Injuries (b) | £31,310 to £50,060 | Injuries requiring extensive treatment and resulting in ankle instability and residual disability. |
| Moderate Ankle Injuries (c) | £13,740 to £26,590 | Ligamentous injuries and fractures that lead to less severe disability. |
| Modest Ankle Injuries (d) | Up to £13,740 | Less serious fractures, ligamentous injuries, and sprains. |
| Most Serious Achilles Tendon Injuries (a) | In the region of £38,430 | Severence of the peroneus longus muscle and the tendon, leading to pain and restricted movement. |
| Serious Achilles Tendon Injuries (b) | £24,990 to £30,090 | Residual weakness following a successful repair of a the severed tendon. |
| Moderate Achilles Tendon Injuries (c) | £12,590 to £21,070 | Significant injury or ruptures in the tendon. |
| Minor Achilles Tendon Injuries (d) | £7,270 to £12,590 | Turned ankle resulting in some damage to the tendon. |
Special damages is the other head of claim that you could be awarded. It compensates you for financial costs and losses caused by your injury. It can include, but is not limited to:
- Costs of care – if you have needed care at home due to your injuries.
- Loss of earnings – if you have lost income while off work recovering from your injuries.
- Travel expenses – for extra costs of travelling to medical appointments, for example.
- Medical expenses – for costs such as prescription medicines and other medical expenses not covered by the NHS.
You will need to gather evidence to support your claim for special damages. For example, a copy of your carer’s invoice could help with proving any care costs you have incurred.
To learn more about claiming compensation for a broken ankle or to get a personalised estimate, please contact an advisor.
Make A No Win No Fee Claim For A Broken Ankle
When pursuing a personal injury claim for a broken ankle, working with a solicitor may benefit you. By working with a solicitor, they can help you through the claiming process and negotiate a compensation settlement for you.
One of our solicitors could assist with your claim under a type of No Win No Fee agreement known as a Conditional Fee Agreement. Under this arrangement, you won’t have to pay your solicitor anything upfront for them to begin working on your claim, nor will you have to pay them for their services while your case is ongoing. Should your claim be unsuccessful, you will not have to pay the solicitor for their work.
Instead, they will take a legally limited percentage from your compensation if your claim is successful. This is known as a success fee.
To check your eligibility to make a personal injury claim with one of our No Win No Fee solicitors, please get in touch with an advisor. They could also answer questions relating to the average payout for a broken ankle, or how long you might have to start a claim. To connect with them today, you can:
- Call at any time on 0800 073 8801
- Use our live chat.
- Contact us online.
Useful Links Relating To Claiming For A Broken Ankle
- Ankle Injury Compensation Claims Guide – How Much Can I Claim?
- Ankle injuries could range from a very simple injury through to the loss of the use of the joint. Find out more about compensation claims in this guide.
- Elbow Injury Claims Guide – How Much Can I Claim?
- Have you suffered an injury to your elbow, or elbows? If so, find out how to make a compensation claim in this guide.
- Fingers Caught In The Door Claims – Can I Claim Compensation For Broken Or Crushed Finger Injuries?
- Catching your fingers in the door can be painful and result in serious injury. If you have broken or crushed your fingers in this way, find out how to make a compensation claim.
- Learn about potential broken leg compensation payouts with our helpful guide.
Remember, if you need any more advice on the average payout for a broken ankle, compensation claims and how we can help you, please get in touch.