Claiming Compensation for Broken Ankle
When you suffer a broken ankle, whether it’s due to a slip and fall, a workplace accident, or after an assault, the repercussions can extend far beyond physical pain. Navigating the complex world of broken ankle compensation claims can be daunting, especially when you’re focused on your recovery.
Compensation for a broken ankle can encompass several elements. General damages cover pain, suffering, and loss of earnings. Special damages reimburse specific financial losses, like medical bills and transportation costs to and from medical appointments. If your injury affects your ability to work, you can claim for lost wages and even future earning capacity.
We can help you to make broken ankle compensation claim and to maximise your chances to get the award.
How Much Compensation You Can Claim For Broken Ankle?
The amount of compensation you can claim for a broken ankle varies widely depending on several factors. These include the severity of the injury, the impact on your daily life, any long-term disability or impairment, loss of earnings, medical expenses, and the cost of any future care or rehabilitation. It also depend on the type of claim — whether personal injury, workplace, or CICA.
- Severity of the Injury: A simple fracture with a quick recovery time typically results in a lower compensation amount compared to a complex fracture requiring surgery or leading to permanent disability.
- Impact on Daily Life: If the injury restricts your daily activities or hobbies, compensation may be higher to reflect this loss of amenity.
- Loss of Earnings: If you’re unable to work while recovering, you can claim for lost wages. If the injury affects your ability to work in the future, this will also be considered.
- Medical Expenses: All costs related to the treatment of your broken ankle, including surgery, medication, physiotherapy, and any other medical expenses, can be included in the claim.
- Future Care and Rehabilitation: If ongoing treatment or support is needed, the costs can be factored into the compensation.
Fractured or Dislocated Ankle (with substantial recovery): £2,400 – £6,200
Fractured or Dislocated Ankle (with continuing significant disability): £11,000 – £16,500
Moderate Broken Ankle Injury (Personal Injury or Work Accident): £10,000 – £21,200
Severely Broken Ankle Injury (Personal Injury or Work Accident): £24,900 – £39,900
Very Severely Broken Ankle Injury (Personal Injury or Work Accident): £39,900 – £55,560
Understanding the Common Causes of Broken Ankle Injuries
A broken ankle is a painful and incapacitating injury that can significantly disrupt one’s life. While these injuries can occur in various circumstances, understanding the common causes is essential in both prevention and in identifying liability in making a claim. Below are some typical scenarios leading to broken ankle injuries, including less discussed causes like assaults.
Physical Assault:
In addition to accidental causes, broken ankles can also be the result of intentional harm, such as in an assault. Physical altercations, whether they stem from personal conflicts or criminal attacks, can lead to severe ankle injuries due to kicks, falls, or being struck by an object.
Workplace Accidents:
Workplaces, especially industrial or construction sites, are common settings for ankle injuries. Falling from heights, tripping over equipment, or accidents involving heavy machinery can all lead to serious ankle fractures.
Slips, Trips, and Falls:
One of the most prevalent causes of broken ankle injuries is slipping, tripping, or falling. These incidents can occur anywhere – from public walkways to private residences – and are often due to hazardous conditions like wet floors, uneven surfaces, or poor lighting.
What Are The Time Limits to Claim Broken Ankle Compensation?
The time limits for filing a broken ankle claim can vary depending on the type of injury and the specifics of the case. Generally, these limits are set by the statute of limitations, which determines the maximum time after an event within which legal proceedings may be initiated or claim can be filled. Here are some common scenarios:
Personal Injury Claims Including Work Accident Claims:
- In most cases, you generally have three years from the date of the accident to make a personal injury claim or work accident claim.
Criminal Injuries Compensation Claims:
- If the broken ankle resulted from a violent crime, the claim would be made through the Criminal Injuries Compensation Authority (CICA), which typically has a two-year limitation period.
- This period can be extended in exceptional circumstances, especially if the victim was a minor at the time of the incident or if there were other compelling reasons for the delay.
Special Circumstances for Minors:
- If the injured party was a minor (under 18) at the time of the incident, the time limit for filing a claim with the CICA usually doesn’t start until they turn 18. They would then typically have until their 20th birthday to make a broken ankle compensation claim.
The Importance of Pursuing a Broken Ankle Compensation Claim
Sustaining a broken ankle can be a life-altering experience, affecting your mobility, your ability to work, and your overall quality of life. While the physical pain is evident, the financial and emotional repercussions can be equally daunting. This underscores the importance of pursuing a broken ankle compensation claim, especially when the injury results from someone else’s negligence.
Financial Burden of Medical Treatment: The immediate concern following a broken ankle is often the medical treatment required. From initial emergency care to potential surgeries, and ongoing physiotherapy, the costs can quickly accumulate. Compensation claims can cover these expenses, alleviating the financial strain and ensuring access to the best possible medical care.
Lost Wages and Earning Capacity: A broken ankle often means time off work, which can lead to lost wages. For some, this injury may even impact their future earning capacity, particularly if it leads to long-term disability or requires a career change. A compensation claim can address both immediate and future financial losses, securing the claimant’s financial stability.
Pain, Suffering, and Emotional Distress: Apart from the tangible costs, a broken ankle can cause significant pain and suffering, including emotional distress. This aspect, often overlooked, is an important part of the compensation process. Compensation for pain and suffering acknowledges the non-economic impact of the injury and offers some measure of redress.
Impact on Quality of Life: The effects of a broken ankle can extend to everyday activities and hobbies. It may limit your mobility, independence, and ability to engage in leisure activities. A compensation claim takes these lifestyle changes into account, seeking to compensate for the loss of quality of life.
Setting a Precedent for Safety: Pursuing a compensation claim isn’t just about the individual’s recovery; it’s also about holding the responsible parties accountable. In cases where negligence led to the injury, a claim can prompt changes in practices or policies, potentially preventing similar incidents in the future.
Pursuing a broken ankle compensation claim can also serve as a step towards closure. It allows for the recognition of the pain and suffering caused by the incident. Broken ankle from an assault or incident can be a challenging, but it’s important to know that there are paths available for you to seek justice and support. Consult with a legal professional who understands the nuances of such claims to guide you through this journey.
How to Claim Compensation For a Fractured or Dislocated Ankle Through CICA?
A broken or dislocated ankle can often lead to long term issues with mobility and weight bearing. When this type of injury is suffered as a result of a violent crime, the CICA assess a broad spectrum of factors to determine the level of award the Applicant will receive, and also any additional awards they may be entitled to, such as special expenses and loss of earnings. On top of the physical aspect of the injury, the psychological repercussions of no longer having the same level of mobility as you once did can have a detrimental impact on the victims mental health.
Who can I claim against?
With all kind of claims, the offender themselves can be claimed against directly. However, this isn’t always the best option. The offender would need to have the money and resources for the claim that is being made against them. The Claimant would also need to likely have funds to seek representation, as most firms would not take on a private claim on a no win no fee basis. The most common and easily accessible route for all is through the CICA (Criminal Injuries Compensation Authority) a division within the government who compensate victims of violent crimes.
How can I claim for an injured ankle through the CICA?
Claiming for an injured ankle through the CICA follows the general CICA claims process. An initial application form is completed and sent to the CICA either online or via post. This application form has information such as the police reference number, reporting date and medical information such as the hospital visited if applicable and so on. The CICA receive this application and check it for any immediate apparent issues. They then move on to requesting the police information. This includes reports and statements. Once received, this is checked again, and then the medical evidence is requested.
This is the responsibility of the representative or Applicant to gather, and generally consists of medical records. Sometimes, the CICA can ask for a medical report to be completed, either by a GP or specialist and often there is a cost associated with this. If you have suffered an injury that has led to an injured ankle, the CICA will also likely review any specialist evidence. This is evidence and treatment that has been documented and provided by anyone other than a general treatment provider. For an injured ankle, specialist evidence could be reports from an orthopedic surgeon to treatment and rehabilitation by a physiotherapist. Specialist evidence may also cover any mental health records that directly relate to a diagnosis as a result of the incident that occurred.
How much could I claim for a broken or dislocated ankle through the CICA?
Below are some figures that the CICA may potentially award for an injured ankle, depending on different factors and the evidence available:
- Fractured/Dislocated ankle – One ankle substantial recovery – £2,400 continuing disability – £11,000
- Fractured/Dislocated ankles (Both) – Substantial recovery – £6,200 continuing disability – £16,500
- Sprained ankle disabling for 13 weeks or more – £1,000
- Both ankles sprained, disabling for 13 weeks or more – £1,800
The CICA will look at several factors when determining the severity of the injury. They will primarily focus on the medical evidence and the comments of the primary treatment provider. They will also focus on any prognosis given as this will give them an idea of how long the injury is likely to last, or if it is permanent. They will also look at the impact the injury has had on the Applicant’s life. This means looking at factors such as mobility, if the Applicant requires walking aids or is unable to drive anymore, and if their previous level of fitness has been impacted.
The CICA also has a multiple injury formula. This means that they will pay 100% of the most severe injury, as per their assessment. They will then pay 30% of the second most serious and 15% of the third. You are only eligible to claim for 3 injuries via the CICA, but it is worth listing them all, as the medical evidence available may suggest that an injury you deemed as minor could actually be worth more via the CICA scheme.
What Information Do I Need To Make A Criminal Injuries Compensation Claim?
To make a claim for compensation claim through the Criminal Injuries Compensation Authority (CICA), you will need to provide certain information and documentation to support your criminal injury claim. Some of the information and documentation as minimum you will need include:
Details of The Crime & Injuries: You will need to provide a detailed account of the crime that resulted in your injury, including the date, time, location of the incident and injury details.
Crime Reference Number: You will need to provide the crime reference number issued by the police.
Police Station, Police Officer Name & Collar Number: You will need to provide the name of the police station, police officer name and collar number who dealt with the crime.
GP & Hospital Details and Medical records: You will need to provide GP & hospital details, consent to ask your medical records to see the nature and extent of your injuries, including any diagnoses and treatment received and submit it to CICA.
Other Supporting Evidence: You may also need to provide additional supporting evidence, such as witness statements or photographs, specialist medical reports, etc. to support your claim.
How is The Compensation Amount Determined?
The compensation amount is determined based on a tariff system that takes into account the specific nature and impact of the injury. We can assist with negotiating the compensation amount and ensuring that you receive the maximum amount of compensation available under the scheme. We can also check your eligibility to make a CICA claim and also advise you the approximate award amount you might receive from CICA.
Can I File a CICA Claim & Receive Compensation if The Offender is Not Convicted?
Yes, you can still file a CICA claim and compensation may still be payable even if the offender is not convicted. Remember you have two-year for making a compensation claim under the CICA scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
Can I Receive Compensation if I Was Injured Outside the UK?
To be eligible for compensation through the CICA, the crime must have occurred in England, Scotland, or Wales. If you were injured outside of the UK, you may still be eligible for compensation through other schemes or compensation programs but not from CICA.
What is Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme in the UK is a government-run program that provides financial compensation to individuals who have been physically or mentally injured as a result of violent crime. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct result of a crime of violence.
To be eligible for compensation, the crime must have been reported to the police and the victim must have cooperated with the police investigation and prosecution. The amount of compensation awarded is based on a tariff system and can range from a few hundred to several thousand pounds, depending on the severity of the injury and other factors.
The purpose of this scheme is to provide financial support to victims of violent crime who have been physically or mentally injured as a result of the crime. The compensation is intended to help cover the cost of medical expenses (which are not covered by NHS or recoverable from any other source), lost income, and other expenses related to the injury.
What Payments Are Available From The Scheme?
CICA will consider claims for the following injuries, medical conditions and special expenses:
- mental or physical injury following a crime of violence;
- sexual or physical abuse;
- loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury;
- special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
- a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.
To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.
Criminal Injuries Compensation Basic Eligibility Requirements:
You need to meet some basic requirements before you can claim compensation from CICA
If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we won’t able to secure any compensation.
How We Can Help With CICA Claim?
It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.
Which Injuries Can Not Be Claimed From CICA?
CICA has specific eligibility criteria for claims, and certain types of injuries or circumstances may not be eligible for compensation. Here are some common examples of injuries or circumstances that may not be eligible for compensation through the CICA:
Self-inflicted Injuries: Compensation cannot be awarded for injuries that were self-inflicted or caused by the victim’s own actions.
Criminal Activity: Compensation cannot be awarded for injuries sustained as a result of criminal activity in which the victim was participating, such as a fight or brawl.
Minor Injuries: Minor physical injuries which can be healed itself such as scratches, bruises, black eye, soft tissue injuries, broken nose, broken ribs, bruising or a black eye are not claimable. You can claim for scarring form CICA scheme.
Animal Attack / Dog Bite: You can’t claim for any animal attack or bog bites unless the animal was used as a weapon and ordered to attack purely to cause the harm or injuries.
Theft or Burglary: Damaged or lost/stolen properties such as house, car, phone, or any other device cannot be claimed from CICA scheme. You can claim for physical or mental injuries sustained as a result of theft, burglary and attack.
PTSD Not Diagnosed by Psychologist or Psychiatrist: PTSD, Anxiety and depression needs to be diagnosed by a clinical Psychologist or Psychiatrist in order to make a claim. CICA won’t accept any diagnosis by GP or any other medical professional.
When CICA Can Reject Your Claim?
The most common reasons for a Criminal Injuries Compensation Authority (CICA) claim to be rejected are:
Time Limit: Claims must be made within two years of the date of the incident or the date when it is reported to the police. Where claimant is a minor they have until their 20th birthday to make a CICA claim. Claims made outside this time limit may be rejected, unless you have exceptional circumstances for the delay in submitting your claim.
Failure to Cooperate With the Police: Compensation claim may be rejected if the victim failed to provide statement, cooperate with the police during the investigation or dropped charges.
Unspent Conviction: If the claimant has an unspent conviction at the time of applying or before an award offer, their claim may be reduced or rejected. If you are unsure that your drink and drive or any other conviction is spent or unspent then give us a call.
Minor Injuries: If the injuries you sustained during the incident are minor and not included within the ‘CICA Scheme Tariff” then your claim may be rejected by CICA.
Psychological Injury Without Diagnosis: CICA may reject any claim compensation for mental injuries that are not diagnosed by a clinical Psychologist or Psychiatrist.
Lack of Supporting Evidence: If the requested medical evidence or other supporting evidence are not provided or not enough to demonstrate that you sustain an injury as a direct result of violent crime, then your claim may be rejected.
Frequently Asked Questions (FAQs)
We are here to help!
If you, a friend or a family member has suffered physical or psychological injuries as a result of a violent crime, it may be possible to apply to the CICA for compensation.
“The Criminal Injuries Compensation Authority (CICA), is a government organisation which provides compensation for victims of violent crime in England, Wales, and Scotland. We represent victims of violent crime to get compensation from CICA.”