Lateral Malleolus Fracture Compensation Claims In The UK
Welcome to our guide on claiming lateral malleolus fracture compensation. Have you fractured your ankle in an accident? Did this accident happen because someone who owed you a duty of care breached this duty? Have you experienced pain and suffering as a result? If so, you may be able to claim compensation for your injuries.
A broken ankle can cause a great amount of pain and suffering, particularly when walking. If you suffer from an ankle fracture, you may notice that you have difficulty walking and driving. You may not be able to care for yourself in the way you usually do, and you might find that you need to take time off work while you recover if your job is particularly active.
Personal injury compensation could help; its purpose is to return you, as much as possible, to the position that you were in before you were injured in your accident. It will take into consideration both the physical pain and the financial impact that your injury has caused.
If you would like to know more about making a claim, or to start the process of claiming today, you can:
- Call us on 020 3870 4868
- Email or write to us at UK Law.co.uk
- Use the ‘live support’ option bottom right for immediate help
Services And Information
- Everything You Need To Know About Lateral Malleolus Fracture Compensation
- What Is A Lateral Malleolus Fracture?
- Anatomy Of The Ankle Joint
- How Could You Break Your Foot In This Way?
- Lateral Malleolus Fracture Compensation Calculator
- Diagnosing And Treating Broken Bone Injuries
- What Is A Missed Fracture Of The Lateral Malleolus?
- Why Doctors May Misdiagnose A Broken Foot
- Broken Bone Injury Claim Time Limits
- I Fractured My Foot, What Should I Do?
- No Win No Fee Lateral Malleolus Fracture Compensation Claims
- Medical And Claims Guides
- Broken Foot Injury Claim FAQs
In this guide, we will examine the process of claiming compensation for a broken fracture injury caused by someone else’s negligence. We will begin by looking at the way that fractures are categorised and how different kinds of fractures might require different treatment or recovery times.
We will go on to examine the situations in which you’re owed a duty of care. We’ll also examine how this duty could be breached, resulting in injury.
You may be wondering how much compensation you could be owed for a lateral malleolus fracture. Although there is no one answer to this question, we have included a section on how compensation is calculated to illustrate how much you could be owed.
Furthermore, we will examine No Win No Fee agreements and how they can help you in funding legal representation for your claim. Finally, we will answer some commonly asked questions about claims of this nature.
A healthy ankle has a good orbit of rotation and is designed to support the weight of our bodies. Injuries to the ankle can create constant pain and inconvenience.
A fracture of the outside bone of your ankle is called a lateral malleolus ankle fracture. There are a number of different kinds of fracture, that can include:
- Hairline fracture. A hairline fracture is a crack in the bone that does not divide the bone into two. This kind of fracture is often less painful, and some sufferers of a hairline fracture may not even notice that they have fractured a bone at all.
- Displaced fracture. This kind of fracture involves the bones moving out of position from one another. This can pose a risk of the broken end of the bone causing damage to muscles, tendons and blood vessels. A fracture of this nature might require surgery.
- Non-displaced fracture. In a non-displaced fracture, the broken pieces of bone stay aligned with one another and don’t move out of place.
- Open fracture. A broken fracture is one where the skin is broken. If you suffer an open fracture, you may be at a greater risk of infection.
- Closed fracture. A closed fracture is one where the skin is not broken.
- Avulsion fractures. Where injury to a tendon or ligament pulls off a small piece of bone.
Below, we have included a graph compiling statistics from the Health and Safety Executive. It shows the number of lower limb injuries reported to RIDDOR in 2019/20. As we can see, injuries to the ankle were the second most common kind of lower limb injury reported at this time.
The ankle is made up of three bones called the tibia (shin bone), fibula (a thin bone that runs next to the shin bone) and the talus (one of the bones of the feet).
The ankle also contains some bony bumps or protrusions. These are:
- The medial malleolus. This is the base of the tibia and you can feel it on the inside of your ankle.
- The posterior malleolus. This also forms part of the tibia’s base and can be found at the back of the ankle.
- The lateral malleolus. This is the base of the fibula. You can feel it on the outside of your ankle.
As well as these bones, the ankle also contains ligaments that are made of strong, fibrous tissue. These hold the bones together and attach them to the bones of the foot.
As is the case with almost all types of fractures, there are some instantly noticeable symptoms after a fracture. You may experience:
- A crunching noise
- A localised pain in that part of the ankle and referred pain up the leg
- Deformity and swelling
- Swelling, bruising and tenderness
- Difficulty standing and walking
- Nausea and faintness
If you think you may have fractured your ankle, you should seek medical attention straight away. If you leave your ankle fracture to heal on its own, the injury could end up getting worse. You might also develop arthritis in the affected area.
There are a number of ways that you could fracture your ankle as a result of someone breaching their duty of care towards you. You are owed a duty of care in a variety of different scenarios. These include:
- At work. While you’re at work, your employer has a responsibility to do everything reasonably practicable to ensure your safety. This duty of care is outlined in The Health and Safety At Work etc Act 1974. For instance, they are expected to maintain good housekeeping. If you tripped over a wire that was left trailing across a walkway and fractured your ankle as a result, you may be able to claim.
- In public. The Occupiers’ Liability Act 1957 outlines the responsibility that someone in control of a public place (the “occupier”) has towards members of the public who use the space for the purpose intended. For example, there may be a wet floor in a shop that is not signposted within a reasonable timeframe. If you were to slip on this and suffer a lateral malleolus fracture, you may be able to claim.
- On the road. All road users are expected to follow the guidance outlined in the Highway Code. You may be involved in a car accident because another driver was going the wrong way down a one-way road. If the force of the impact on your vehicle caused you to fracture your ankle, you may be able to claim.
If you’re unsure whether the accident you were involved in happened because of a breach of duty of care, why not contact our team for more information? One of our advisors will be happy
Personal injury claims calculations can be made up of two types of damages. The first is called general damages and they are based in part on the findings of an independent medical assessment that you will be invited to as part of your claim.
The medical expert can look at the full extent of your injuries and then provide a report which can support your claim. The judge will use this with the help of a publication called the Judicial College Guidelines to value your claim.
Below, we have included a table that illustrates some of the injuries and compensation award brackets included in these guidelines:
|Injury and severity||Suggested amount||Notes|
|Ankle- Very severe||£46,980 to £65,420||Injuries within this bracket will include ankle fractures that cause extensive soft tissue damage which poses the risk that any further damage might require a below-knee amputation.|
|Ankle- Severe||£29,380 to £46,980||Extensive recovery with steel pins and plaster cast required. The injured person will be left with residual disability in the form of ankle instability and a limited ability to walk.|
|Ankle- Moderate||£24,950 to £12,900||This bracket will include fractures which lead to disability of a less serious nature like problems with walking on uneven ground.|
|Ankle- Modest||Up to £12,900||less serious with complete recovery likely|
|Achilles tendon - Most serious||In the region of|
|This will include fractures that are minor or undisplaced.|
|Achilles tendon - Serious||£23,460 to £28,240||Residual weakness, restricted movement of the ankle caused by a complete division of the tendon|
|Achilles tendon - Moderate||£11,820 to £19,770||Some continual functioning disability caused by a partial rupture of the tendon|
|Achilles tendon - Minor||£6,820 to £11,820||Some damage to the tendon will lead to the injured person being unsure of ankle support.|
The amount that you are awarded in general damages will depend on how severe your injury is and how badly your quality of life has been affected. For instance, a higher award amount will generally be made for serious fractures that require surgery than would be awarded in cases where a simple fracture heals relatively quickly.
Special damages cover the financial impact that your injuries have had on you. It can include things like:
- Loss of earnings
- Travel expenses to get to meetings with your solicitor or hospital appointments
- The cost of prescriptions
- Special occasions or holidays you had to cancel and lost money
- Damage to your pension contributions or attendance bonus at work
- Care costs
In order to claim back special damages, you will need to provide evidence as to the loss you have incurred. This can be in the form of receipts to show what you’ve had to pay or invoices for services you’ve received. Without evidence, special damages will be difficult to claim back.
After an accident in which you suspect you’ve broken your ankle, you should always seek medical attention as soon as possible. Proper diagnosis of ankle fractures is important to help them heal correctly. Failure to do so might cause you to develop arthritis later in life.
Sometimes, an X-ray, MRI scan or CT scan may be performed to confirm that your ankle is fractured. Your doctor might also feel around the injured area with their hands to determine where the injury is.
You may be given a plaster cast or special boot to hold your ankle in place as it heals. If the fracture is displaced, meaning that the bones are no longer in the correct position, then surgery might be needed to insert metal pins or plates, which can hold the bones in position as they heal.
When we seek medical attention for a fractured or broken ankle, we expect that the care we receive will be of an acceptable standard. But sometimes this isn’t the case. When a doctor or other healthcare provider breaches their duty of care towards you and delivers a standard of care that falls below an acceptable level, this is classed as medical negligence.
A missed lateral malleolus fracture is one that is not spotted by a doctor, and a misdiagnosed fracture is one that is mistakenly diagnosed as something else. Each of these could cause you additional harm than you would have suffered if you had received the correct care. In the case of a missed fracture, this would mean that you would not receive the treatment you need.
The same can be said for a misdiagnosed fracture, with the additional risk of you being given treatment for a condition that you do not have. This could cause you to become ill or injured.
Missed diagnosis or misdiagnosis is not always the result of medical negligence. Sometimes complications can arise in medical treatment even if the doctor in question is adhering to their duty of care.
To determine whether or not a doctor is considered negligent, the courts will administer something called the Bolam test. This is where a panel of the doctor’s peers are asked whether the care administered fell within the acceptable standards of the profession. If they say that it did not, the doctor would be considered negligent and you may be able to claim for any additional harm caused.
Some reasons that a doctor may miss or misdiagnose your fracture include:
- Failing to order the right diagnostic tests. Usually, an X-ray, CT scan or MRI scan will be needed to confirm whether or not you are suffering from a fracture. If a doctor fails to arrange for one of these to be done, this could mean that the fracture is missed.
- Misinterpreting the results of a test. A doctor may order an X-ray or CT scan, but the results of this may not be clear. Alternatively, a doctor could make an error in reading the results of the test which leads to the fracture not being noticed.
- Losing the results of a test. Sometimes, the results of a diagnostic test might not reach the doctor in order for them to make a diagnosis. It may have been lost because of an administration error, or mixed up with the results of another patient.
As we have already mentioned, just because complications have arisen in your treatment or because your fracture was misdiagnosed, this does not mean that your doctor acted negligently. But if you have been caused further harm because the level of care you received fell below an acceptable standard, then you may be able to claim compensation.
There is generally a 3-year time limit on starting a personal injury claim. This either runs from the date of the accident or, in some cases, the date that you became aware that you were caused avoidable harm because of someone else’s negligence. The latter is referred to as the “date of knowledge”.
There are some exceptions to this, however. For instance, someone under the age of 18 cannot legally pursue their own claim. While they are underage, the time limit is suspended and a litigation friend can claim for them. This is an adult acting on the child’s behalf in order to make the claim. If no claim has been made for you by the time you turn 18, the 3-year limit begins on your 18th birthday and you have until your 21st birthday to make a claim.
Similarly, a litigation friend can pursue a claim on behalf of someone who lacks the mental capacity to claim themselves. While they lack the capacity to claim, the time limit is suspended. It begins in the event that the injured person regains their mental capacity, but otherwise, it’s indefinitely suspended.
The first thing that you should do if you have suffered a lateral malleolus fracture is to seek medical attention. Leaving a fracture to heal without medical intervention could result in your condition becoming worse. Furthermore, the medical report from this initial meeting could provide evidence to support your claim.
You should also collect evidence as to the circumstances of your accident. For instance. if your accident happened at work there may be a log of your accident in an accident book. If your injury happened in public, you may be able to request CCTV footage or collect witness details of someone who saw the accident happen, however, you can still claim if there was no witness to what happened.
In order to claim special damages following an accident, you should collect evidence of any costs you have incurred, too. This might be an invoice from a course of physiotherapy that you needed but wasn’t covered by the NHS, or bank statements and payslips showing that you lost earnings because of your injury.
You don’t need a solicitor to make a personal injury claim; however, you may find that the claims process is easier to navigate with the support and guidance of a specialist solicitor. Their expertise could also help you get more money from your claim.
A No Win No Fee agreement is a contract between you and a solicitor that outlines the conditions that they need to meet in order to receive payment. Also called a Conditional Fee Agreement (CFA), it means that you won’t be asked to pay anything upfront, while your claim is ongoing or in the event that your claim is unsuccessful.
If you win your claim, your lawyer will be paid by deducting a small, legally capped success fee. This will be agreed upon between you and your solicitor before your case begins.
If you would like to learn more about the benefits offered by a No Win No Fee agreement or would like to be connected with a personal injury lawyer from our panel, speak to a member of our team today. One of our advisors will be happy to help.
Thank you for reading our guide. Below, we have included some additional guides that you may find useful.
- Can I claim compensation as an agency worker?
- A guide to reporting a car accident.
- Claiming as a pedestrian hit by a car.
- The Royal Society for the Prevention of Accidents.
- NHS- Ankle pain
- Statutory Sick Pay eligibility
We appreciate you taking the time to read this article and hope that it has helped in your decision to start a lateral malleolus fracture compensation claim. Please get in touch with any queries or questions:
- Call us on 020 3870 4868
- Email or write to us at UK Law.co.uk
- Use the ‘live support’ option bottom right for on-the-spot help
Can you walk on a lateral malleolus fracture?
You may find that walking on a lateral malleolus fracture is painful. You should always follow your doctor’s advice around resuming normal activities after an injury of this nature.
How long does it take for lateral malleolus to heal?
This depends on the severity of the injury. Most lateral malleolus fractures will take at least 6 weeks to heal, but some severe breaks might cause long-term or even permanent problems.
Can lateral malleolus fracture heal without surgery?
In some cases, you may just be given a boot or plaster cast to keep your ankle in position as the bones heal. However, if the break is serious then surgery might be needed to insert pins or plates into the joint to hold the bones in position as they heal.
Thank you for reading our guide on lateral malleolus fracture compensation.
Guide by FE
Checked by NC