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.