By Jo Anderson. Last Updated 21st November 2023.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.
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- 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
In this case study, we are going to look at the case of Mr M. When Mr M was just 18, he suffered a fractured ankle accident at a fairground due to faulty machinery. He was awarded £58,000 for his broken ankle four years later at the age of 22.
How did Mr M’s accident happen? Mr M rode a fairground ride where cars were fixed around a central point. Unfortunately, his car came loose from the securing arm. The car was thrown a distance of 23 metres and hit a kiosk. He was taken to hospital immediately.
What Injuries Did The Claimant Sustain After Their Accident At A Fairground?
At the hospital, Mr M was diagnosed with multiple fractures to his ankles. He also suffered from soft tissue injuries to the spine and shoulder and a large cut on his forehead.
Unfortunately, even after treatment, two years later Mr M’s ankles were misshapen and swollen. He found it hard to walk without a stick, to climb the stairs, or to walk on an uneven surface.
What’s more, his neck and back injuries still caused him pain, and he found it difficult to lift heavy objects.
What Did Mr M Claim For?
As well as the physical injuries, Mr M also suffered psychological injuries, becoming depressed and short-tempered. He was subsequently diagnosed with adjustment disorder.
He was also self-conscious about the scar that was left on his forehead from the large cut. As you can imagine, the injuries greatly affected Mr M’s quality of life. He had been very athletic, enjoying swimming, rugby, squash and athletics. Now, he found himself unable to join in with these activities. He also had to postpone going to university and therefore, being able to start his working career because of his injuries.
Four years after the injuries, Mr M had found his condition had improved moderately. His back pain had reduced and he also found himself being able to better manage stairs and uneven surfaces.
Broken ankle injuries and fractured ankle injuries are usually treated by the ankle and part of the foot/ leg being set in a cast to heal over time. The very violent nature of Mr M’s accident and the fact that he suffered multiple fractures to his ankle, meant that his injuries caused him pain and affected his quality of life over the long term.
The Ankle Injury Claims Process
Mr M hired an expert personal injury solicitor to help him claim compensation for his fractured ankle. The solicitor made the allegation that the fairground was responsible for Mr M’s injuries due to negligence on their part. The fairground employees had not made proper safety checks on the ride before the ride was opened and had declared the ride safe when it was not.
The claimant’s personal injury solicitor approached the fairground management with the allegation that the defects to the connecting arm of the ride were not noticed. Therefore, they were responsible for his injuries.
Separately, the fairground management was convicted of manslaughter and breaching multiple Health and Safety regulations, as another person was tragically killed in this accident.
Concluding The Case And The Settlement
The fairground management did not dispute their liability for Mr M, the Claimant’s, injuries. However, what ankle injury compensation amount Mr M was entitled to, could not be agreed upon by both parties. Therefore, the fractured ankle injury compensation claim was settled in a court in London. In court, the judgement was made against the Defendant, and the fairground was ordered to pay Mr M damages.
- Mr M was awarded £35,000 in general damages for his pain, suffering and loss of amenity.
- Mr M was awarded £14,250, to compensate him for the delay he suffered in starting university and a professional career.
- Mr M’s family lived in South Africa and had to travel to Britain to care for him. Therefore they were awarded £5,000 for their travel expenses.
- Mr M was awarded £750 in counselling expenses.
- He was also awarded the remaining damages for interest and additional expenses.
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.
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.
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.
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||Up to £100,000+||Multiple injuries when combined result in significant disability and financial loss.|
|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.
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:
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.
Have you suffered an injury to your elbow, or elbows? If so, find out how to make a compensation claim in this guide.
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.