Broken ankle compensation claims
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Broken Ankle Compensation Claims

A broken ankle injury can be excruciating and debilitating. It may significantly affect your ability to work and carry out daily activities and may have long-term consequences, such as chronic pain and reduced mobility.

Ankle fractures can be caused by various accidents, including road accidents, criminal assaults, workplace accidents and falls. As long a third party was at least partially responsible for the accident, you may be able to claim broken ankle compensation for your pain, suffering and related financial losses.

To find out if you have a valid case and how to start the claims process, call 0800 032 3660 today or request a call back. A personal injury lawyer will offer you a free case assessment and answer any questions you may have.

Types of ankle fractures

An ankle fracture refers to a break or cracks in one or more of the bones that constitute the ankle joint. These are the tibia (shinbone), fibula and the talus. Ankle fractures can vary in severity and involve different combinations of these bones. They can result from various traumatic incidents, such as:

  • Excessive twisting or rolling of the ankle
  • A direct impact to the ankle, such as a collision or a heavy object falling on it
  • Rapid changes in direction, jumping or falling on the ankle

Fractures can be mainly classed as stable (non-displaced) or unstable fractures, which usually need some form of surgery to reposition the broken bones. Ankle fractures can be further categorised based on the location of the break and specific bones involved:

  • Lateral malleolus fractures involve a break in the lower portion of the fibula
  • Medial malleolus fractures occur when there is a break in the tibia bone on the inner side of the ankle
  • Bimalleolar ankle fractures involve breaks in both the tibia and fibula
  • Trimalleolar fractures involve breaks in three sides of the ankle
  • Pilon fractures occur at the distant end of the tibia, usually due to high-energy trauma

The type of ankle injury you sustained may determine how much compensation for a broken ankle you could receive if you make a successful claim.

Symptoms and treatment of broken ankle injuries

A broken ankle could cause various symptoms, depending on the type and severity of the injury, such as:

  • Immediate and intense pain at the site of the fracture, especially when bearing weight on the foot
  • Swelling around the ankle, often rapid and significant
  • Bruising or discolouration around the ankle due to bleeding under the skin
  • A visible deformity or misalignment of the ankle joint if the fracture is severe
  • Limited mobility and range of motion
  • Tenderness to touch and pain when applying pressure to the area
  • Difficulty or inability to bear weight on the affected ankle

If you suspect a fractured ankle and have any of the symptoms above, you should seek medical advice as soon as possible. Your healthcare professional will conduct a physical exam and order X-rays or other imaging tests to diagnose your injury and determine the best course of treatment, which may involve:

  • Immobilisation using a splint, brace or cast to promote proper healing
  • Elevation above the heart level to help reduce swelling
  • Over-the-counter or prescription pain and anti-inflammatory medications
  • Using a special boot to help support your ankle during recovery
  • Manually moving the bones back into place
  • Surgical intervention to realign and stabilise the broken bones
  • Physical therapy to restore range of motion, strengthen muscles, and improve balance and stability

Possible long-term effects of an ankle fracture

An ankle fracture can have various long-term effects, depending on the type of injury you suffered, its severity, the treatments you received and the effectiveness of rehabilitation. These include:

  • Chronic pain that may persist long after the fracture has healed
  • Joint stiffness and reduced range of motion, which can impact mobility and daily activities
  • Muscle weakness and atrophy due to immobilisation and reduced use during recovery
  • Joint instability and recurrent sprains
  • Post-traumatic arthritis, which can cause pain, stiffness and reduced joint function
  • The development of secondary conditions, such as bursitis or nerve compression
  • Complications from surgical interventions, like scar tissue formation or nerve damage
  • A psychological impact, such as anxiety and fear of falling

If you suffered any long-term issues due to your fracture, your solicitor will include them in your claim and ensure you receive the best injury compensation amount you are entitled to.

Can I make a broken ankle claim?

A broken ankle injury may entitle you to make a compensation claim for the pain, suffering and financial losses you incurred as a result. To find out if your case has merit, you should contact a personal injury solicitor as soon as possible after your accident. They will ask you a few questions to determine whether:

  • Another party owed you a legal duty of care
  • They breached their duty through negligence or wrongdoing
  • You suffered an ankle fracture as a result

You do not have to worry about proving a duty of care. This is typically straightforward and something your solicitor will be able to do by referring to legislation such as the Road Traffic Act 1988 or the Health and Safety at Work Act 1974. After establishing liability, your solicitor will help you gather evidence to support your claim and contact the defendant to inform them of your intentions to make a claim.

It is worth noting that you could make a compensation claim even if you were partially at fault for your injury. In this case, you will receive a reduced settlement to account for your part of the blame.

What evidence do I need to claim compensation?

Your personal injury solicitor will need various types of evidence to build a strong claim. This will vary depending on the type of accident that caused your broken ankle, but it could include:

  • Photographs of the accident scene and the root cause of your injured ankle before anything is moved, replaced or repaired;
  • Pictures of any visible signs of trauma and damage to your personal items;
  • Medial reports and doctor’s notes about the type and extent of your injury, diagnostic tests and recovery prospects;
  • A medical report from an independent specialist regarding the long-term effects of your injury and how it may affect your life;
  • A copy of an accident report with the details of when, where and how you were injured;
  • If your accident was captured on CCTV or dashcam, you can request a copy of the footage;
  • Names and contact details of any witnesses who can give a statement about how the accident occurred;
  • Contact and insurance details of anyone else involved, such as a driver or business owner;
  • A personal diary detailing the pain and suffering you endured due to the injury and how this has affected your work and daily life;
  • You should also keep financial records of related losses and out-of-pocket expenses, such as wage slips, receipts and invoices.

Once your solicitor has all the necessary evidence, you can start your personal injury claim for compensation. They will contact the other side and negotiate the best amount of compensation for a broken ankle possible on your behalf.

What accidents might result in a fractured ankle injury?

Common scenarios that may lead to a fractured ankle and a subsequent personal injury claim include:

  • Slips, trips and falls. Slips on wet floors and trips due to uneven surfaces or obstacles left in walkways can result in a broken ankle. If you lose balance and fall, your foot may land in an awkward position. This may put excessive force on the ankle joint and bones, causing a fracture.
  • Sports injuries. Many high-impact sports, such as football, basketball, or gymnastics, have a risk of injuries. Sudden stops, changes in direction or impact trauma from falls and collisions may result in ankle fractures. While many accidents are nobody’s fault, you could be entitled to compensation if you suffered due to bad advice, poor ground conditions or faulty equipment.
  • Road traffic accidents. The impact of a road traffic collision or sudden deceleration can cause the foot to be pressed against the vehicle or twisted, causing fractures to the ankle bones. Any road user, including pedestrians, cyclists, car passengers and drivers, could injure their ankle as a result of an accident.
  • Accidents at work. Workplace accidents involving heavy machinery, falls, or vehicles can lead to broken ankles. Employers have a duty to take all reasonable measures to protect the health and safety of employees. A breach of this duty may result in compensation for broken ankle injuries.
  • A fall from height. Falls from heights, whether from ladders, scaffolding, or elevated surfaces, can result in ankle fractures upon impact. If you were injured in a public place, such as a shop or restaurant, you might be able to claim under the Occupiers Liability Act 1984.
  • Criminal assaults. Physical assaults that involve kicks or blows to the ankle can also lead to fractures, mainly if the assaulter uses a weapon. If you did not contribute to the incident, you could make an ankle injury claim through the Criminal Injuries Compensation Authority (CICA), even if the assaulter is unknown or uncharged.
  • Faulty products. Defective products like malfunctioning safety gear, unstable platforms, or poorly designed equipment can also contribute to ankle injuries. In such cases, you can claim broken ankle compensation under the Consumer Rights Act 2005.

If you were injured in an accident due to someone else’s negligence, you may be eligible to claim compensation for an ankle injury.

Can I claim for broken ankle at work compensation?

Your employer has a legal duty to protect you while at work. Their duties are set out by various legislation, such as the Health and Safety at Work Act 1974 and The Personal Protective Equipment at Work Regulations 1992. According to the relevant laws, your employer must take adequate steps to prevent a broken ankle injury, such as:

  • Carry out thorough risk assessments to identify hazards that could lead to ankle injuries;
  • Take all reasonable measures to remove or minimise potential risks;
  • Establish and communicate clear safety policies and procedures;
  • Provide training and information to employees on safe work practices;
  • Ensure that employees have access to and use appropriate personal protective equipment (PPE) designed to prevent injuries;
  • Make sure all tools and equipment are in proper working condition and safe for use;
  • Keep walking surfaces clean, dry, and free from obstacles or hazards that could cause slips, trips, or falls.

If they have failed in their duties and you suffered a broken ankle, you could start a compensation claim against your employer. This is your legal right, and you should not worry about suffering any consequences, such as getting sacked. If this happens, a solicitor can help you take further action at an employment tribunal under unfair dismissal laws.

Frequently asked questions about broken ankle claims

It is natural to have many questions if you are thinking about making a personal injury claim. In this guide, we have answered some of the most common questions from people who want to claim compensation for broken ankle injuries. However, if you have any other questions or would like to discuss your case further with a friendly legal adviser, please call 0800 032 3660 or request a call back using our online claim form.

What is the time limit to claim compensation for a broken ankle?

The time limit to claim broken ankle compensation under the Limitation Act 1980 is three years from the date of your accident. If you miss this deadline, your case will become statute-barred, and the court will no longer consider it valid. There are several exceptions to this rule, such as:

  • For children, the three-year time limit begins on their 18th birthday, from which they have until turning 21 to start a claim. Alternatively, a parent or legal guardian can claim on behalf of a child by applying to become their litigation friend.
  • If the injured party cannot handle a claim due to a brain injury, PTSD or another condition such as Alzheimer’s, the time limit is suspended. A litigation friend could claim for them anytime.
  • If you were injured due to a criminal assault, you have three years to claim compensation for a broken ankle through the CICA.

How much compensation can I claim for a broken ankle?

Each case is unique, and the broken ankle compensation amount you could receive will depend on your particular circumstances. Two types of damages will determine how much compensation you could be able to claim:

  • General damages cover the pain, suffering and other subjective losses caused by the injury. These may include physical and mental pain, reduced quality of life, inability to engage in daily activities and physical disability.
  • Special damages cover the financial losses and expenses related to your injury, such as private treatments, medical aids, lost wages during recovery or travel expenses to medical appointments.

According to the guidelines provided by the Judicial College, you could receive the following ankle injury compensation awards:

  • Up to £13,740 for a simple fracture with complete recovery
  • £13,740 to £26,590 for a moderate fracture with some long-term effects
  • £26,590 to £69,700 for severe fractures that may need surgery and result in disability

For more information about how much compensation you could be entitled to claim for a broken ankle, please refer to our compensation calculator.

Will I get a No Win No Fee service?

If your case has merit, your solicitor will help you claim on a no win no fee* basis. That means you do not have to pay them a single penny upfront. Your solicitor will only receive a success fee of up to 25% of your settlement if your claim is successful. Otherwise, you do not pay them anything.

As part of your no win no fee agreement, your solicitor will also take out After the Event (ATE) insurance on your behalf. The ATE policy covers all the litigation costs if you lose your broken ankle claim. These include court fees, medical and police reports, costs of printing and copying and the defendant’s expenses. You only pay for the ATE premium if your case is successful.

If you want to claim broken ankle compensation or learn more about the claims process, call 0800 032 3660 today to speak to a legal adviser. Or, please feel free to request a call back by entering your details into our online claim form.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.