The ankle is a load-bearing joint which means it is susceptible to injury. Many such injuries are the result of day-to-day activities and result in ankle sprains and strains which take time to recover from. While there’s not a lot that can be done about these simple accidents, if somebody else caused your accident to happen through negligence, you may be eligible to make an ankle injury claim for compensation for your pain and suffering.
In this guide to making an ankle injury claim, we’ll look at some different scenarios that could cause an injury that could see you compensated. That might mean claiming for a sprained ankle at work, an injury caused by a fall after you tripped on a pavement that was uneven or damaged, or if your ankle was crushed in a road traffic accident.
To find out your eligibility for starting an ankle injury claim on a No Win No Fee basis, call us on 0800 6524 881. Alternatively, please continue reading to learn more about when you could be compensated for an ankle injury.
Table of contents
- Am I Eligible To Make An Ankle Injury Compensation Claim?
- Common Causes Of Ankle Injury Claims
- Common Types Of Injuries To Ankles
- How Much Compensation Do You Get For An Ankle Injury Claim?
- Evidence To Support An Ankle Injury Claim
- Time Limits For Claiming Ankle Injury Compensation
- How Long Does The Process Of Claiming Ankle Injury Compensation Take?
- Why Use A Solicitor To Claim Compensation For A Hurt Ankle?
- Starting The Ankle Injury Claims Process
Generally, you may be eligible to make an ankle injury claim for compensation if you can prove that:
- The defendant (the organisation or individual at fault) owed you a duty of care; and
- They breached that duty by being negligent and caused an accident to occur; and
- As a direct result of that negligence, you sustained an ankle injury.
Duty of care is something that’s established by different laws. For example, employers have a legal duty of care toward their staff’s welfare in the workplace because of the Health and Safety at Work Act 1974. Don’t worry too much about this as a claims advisor will be able to check what duty of care existed when reviewing your ankle injury compensation claim.
Yes, it may still be possible to claim compensation for an ankle injury that was partially your fault, depending on the specific circumstances of your case. However, the compensation amount awarded may be reduced to reflect your degree of fault. This concept is referred to as contributory negligence.
For example, if you slipped and fell on a wet floor in a public place but you were also distracted by your phone at the time, you may be found to be 20% responsible for the accident. In this case, any compensation awarded to you may be reduced by 20% to reflect your level of fault.
If you’re unsure whether you can claim compensation for your ankle injury, please contact us to speak with a personal injury solicitor on our team who can advise you accordingly.
In this section, we have included a few common scenarios that could lead to ankle injury claims. There are others that we haven’t included so don’t worry if you don’t see one similar to your own – we could still help you to claim compensation. The examples include:
- Slips trips or falls in a public place such as a shopping centre, pavement, park or restaurant.
- Accident in the workplace either because you slipped or tripped over something placed wrongly and suffered a broken ankle or sprained ankle at work, or because of something falling on your ankle.
- Sporting injuries brought on by excessive pressure put on the ankle joint while playing any type of sport, or dangerous tackles.
- Road accidents, including car, motorbike or common cycling accidents.
- Medical negligence, including faulty or late diagnosis or wrong treatment.
- Ankle ligament damage caused by a dangerous tackle while playing football or rugby.
If you’d like us to review your ankle injury claim for free, please get in touch.
Some of the most common ankle injuries leading to a compensation claim include:
Even for relatively minor ankle injuries like sprains, you might suffer for up to 6 weeks and this could have a financial impact. Therefore, it is always worth checking whether you could make a compensation claim for your injured ankle to recover any losses.
When calculating how much compensation you should get for an ankle injury, your solicitor will base a settlement amount upon two heads of loss. These are:
- General damages. This element concentrates on any pain and suffering caused by your injuries. It can include both physical and psychological injuries.
- Special damages. Where you claim back any costs or losses that result from your injuries. Examples here include medical costs, travel costs, care costs, lost income and the cost of repairing or replacing any personal property that was damaged in the accident.
You might need to attend an independent medical assessment as part of your ankle injury claim to try and prove the extent of the damage. It will be conducted by an independent specialist who’ll examine you, read medical notes, and discuss the impact of your injury with you. So that you don’t need to travel too far, our personal injury solicitors can arrange this assessment locally.
In this section, we’re going to give you some idea of what compensation payout might be due for your ankle injury. Please use the settlement amounts as guidance though as compensation payouts will vary from case to case. Also, please note that these settlement amounts don’t cover any special damages that might be added (as described above).
- Up to £5,500 compensation for minor ankle injuries including sprained ankle, tears, and minor breaks/fractures that are cured in less than one year.
- £7,270 to £38,430 compensation for an Achilles tendon injury resulting in a lot of pain as well as instability of the foot and permanent ankle stiffness.
- £31,310 and £50,060 compensation for a broken ankle at work and metal pins and plates need to be inserted to facilitate the healing process with ongoing pain and restriction in movement, permanent weakness in the ankle, and scarring from the accident and injury.
- Up to £69,700 compensation for very severe injuries that leave the leg deformed or result in permanent loss of mobility.
- Up to £69,700 compensation for a broken ankle depending on various factors such as the severity of the break, soft tissue damage, any permanent disabilities, or deformities resulting from the injury.
If you decide to call our team, your ankle injury claim will be assessed thoroughly. If it is taken on, a more personalised compensation amount will be estimated once your injuries are fully understood.
To prove you suffered a hurt ankle because of somebody else’s negligence, you’ll need evidence for your ankle injury claim. This comes in many different forms but could include:
- Photographs of the accident scene. Where possible, these should contain the root cause of the accident and be taken before anything is moved.
- Medical reports showing the extent of your ankle injury/injuries. Therefore, you should have your ankle assessed and treated at a minor injuries unit or an A&E department.
- Accident reports confirming details of where, when and how the accident happened. By law, companies and employers must log all accidents. By law, you are allowed a copy of the report relating to your accident.
- CCTV recordings. If the cause of you hurting your ankle was captured on CCTV or dashcams, ask the owner if they could give you a copy of what was recorded.
- Witness statements from anybody else who saw the cause of your injured ankle. This may be arranged by your solicitor if needed, therefore, make a note of any witness’s contact details.
- Contact details for anybody else involved. It’s important to record the details of the other person or business who caused the accident. This will give your solicitor a way of filing your claim.
- Financial records such as receipts for out-of-pocket expenses directly related to your ankle injury (e.g., medication costs, transportation expenses, rehabilitation fees), and bank statements, wage slips for lost earnings.
- A personal diary or journal detailing your experiences, symptoms, pain levels, and limitations resulting from your ankle injury to demonstrate the impact of the injury on your daily life
When you’re ready to start your ankle injury compensation claim, our team will assess your evidence with you and let you know if anything else is needed.
You may already know that any type of ankle injury compensation claim will need to be made within a certain time period. The personal injury claims time limit is 3 years. For ankle injuries, this will generally commence from the date your accident happened.
Where a child has suffered an ankle injury, the time limit won’t apply and a litigation friend such as a parent can claim for them at any point before they are 18 years old. Importantly, if a claim doesn’t get made, when the child becomes an adult, they have until their 21st birthday to claim themselves.
We would advise that it’s best to begin an ankle injury claim as soon as possible. That way you’ll avoid missing out because you’ve gone past the claims deadline. You’ll also allow your solicitor plenty of time to find the evidence to support your case.
When you seek compensation for a hurt ankle, in most cases, the claim will be against some sort of insurance policy. Therefore, you’ll need to convince the insurer that their client was negligent, caused an accident and that they are responsible for your injuries. If you can’t you may not be compensated.
We strongly believe that the best chance of being compensated correctly comes from having a solicitor on your side. If your ankle injury claim is accepted by one of our personal injury specialists, they’ll review your claim, gather evidence and present your case professionally. They’ll also handle everything so you aren’t overwhelmed by complex legal questions from the insurer. Furthermore, where needed, they’ll fight your corner to try and counter any arguments or objections that are raised over liability.
If a compensation offer is received, your solicitor typically won’t accept it right away. Instead, they’ll review it with you to check if the offer is fair and covers your suffering fully. If it doesn’t they may advise going back to negotiate for a fairer settlement amount for you.
The length of time it takes to claim ankle injury compensation can vary depending on a number of factors. These include:
- The type of ankle injury and its severity.
- The strength of evidence and the ease with which it can be gathered.
- The willingness of the other party to admit responsibility.
Generally, the process may only take a few months for fairly straightforward ankle injury claims to a year or more in more complex cases.
To start the ankle injury claims process today, please feel free to call us on 0800 6524 881. When you get in touch, everything will be explained and an advisor will review your case for free.
Remember, any ankle injury compensation claim taken on will be processed by our solicitors on a No Win No Fee basis.
If you have further questions about making an ankle injury claim, you contact our advisors right away by using the live chat feature.