A sprained ankle can cause serious discomfort and limit mobility. In contrast, a broken ankle is capable of causing complete incapacitation to an individual. This can render the affected individual completely immobile, and cause them to live in a state of constant pain. Other issues may arise which are not solely down to these ‘nuisances’, but they could cause longer term problems which can commonly include arthritis.
What Type of Compensation is Available?
Two forms of compensation may be sought following this injury, on the basis of both the trauma endured due to the accident, and the pain and suffering which the individual was involved in following the accident.
The first and most straightforward type of compensation is based around the pain and suffering and is termed ‘general damages’. It is an effort to place a value on the individual’s suffering in monetary terms and is applicable to the particular form of ankle injury and other bones which have been broken.
The second type of compensation which may be claimed by the victim refers to the financial costs endured due to the breakage such as earnings lost due to the accident, additional travel costs borne and any medical costs. These can be collectively known as ‘special damages’. This is due to their nature of being specific to the claimant. This type of compensation requires proof, and compensation will thus be based on evidence such as receipts.
In order to ascertain a value to claim for compensation from the defendant, the solicitor will require a full medical report from a trained medical specialist. This will involve the trained specialist to fully outline the injury, the degree of discomfort it will have caused his patient, and the prediction he holds for the future. This will encompass any complications he may foresee to arise due to the injury, and looking forward to the prediction of a likelihood of a full recovery, and the time frame in which this may occur.
Following analysis of the report, research will then be conducted by the specialist lawyer into previous cases of a similar nature brought to British courts based on the aforementioned medical report. Evidence found will be produced and used to demonstrate to the court and / or the defendants the amount of compensation awarded in these previous cases.
In addition to this research, the solicitor will consult the Judicial Studies Board Guidelines. This is a directory of cases concluded by the courts. In this, he will be able to find the range of compensation paid dependent on the level of ache and physical suffering, ranging from the most minor to the most severe breaks which may leave the individual in a constant state of agony with little chance of regaining movement. The victim’s case will be compared to other cases in these guidelines for an estimate of what they are able to claim.
As mentioned, the value compensated will be consistent with the injury, however the approximate current values in the United Kingdom place serious ankle breakages being awarded figures up to £45,000 where the ankle is no longer able to bear weight and may also be left in a permanent state of deformity. Should pins or plates be required to be surgically inserted, claims have reached in excess of £30,000. This is a very substantial amount to claim for this type of injury.