£20k Compensation For A Broken Leg | Case Study
By Megan Black. Last Updated 1st August 2023. This is a case study guide to making a compensation claim for a broken leg claim.
At Legal Expert, we have helped people across the country to claim the compensation, such as compensation for a broken leg injury, that they deserve after accidents and injuries which were not their fault. This case study deals with a claimant who was playing a football match. The claimant was participating in an amateur football match. At the time of the accident, they were not within playing distance of the ball. A player from the opposing team kicked the back of the claimant’s leg resulting in significant injuries. The claimant was left with a fracture of the leg which led to ongoing health and lifestyle issues. As a result, they decided to make a broken leg compensation claim.
To get in touch with Legal Expert about a potential claim, use any of the methods below. Our team of advisors can offer free, personalised legal advice about your case and may connect you with a personal injury solicitor to help you.
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- Broken Leg Claim – Case Study
- The Criteria To Make A Broken Leg Claim
- Examples Of Broken Leg Compensation Payouts
- Can I Claim For A Broken Leg On A No Win No Fee Basis?
- Contact Legal Expert Today
In this case, the claimant was participating in an amateur football match. When they were kicked in the back of the leg by an opposing player they were not within playing distance of the ball and the event was considered to be a deliberate foul play.
The broken leg injury was immediately treated at a local hospital. The claimant was x-rayed which allowed the doctors to diagnose a transverse fracture to both the fibula and tibia bones. Initial treatment included surgery to repair the fractured bones as well as an operation to insert bolts, screws, and nails to secure the bones in place.
Following the surgery, the claimant was unable to work for a six week period. When they returned to work, they spent another six weeks confined to lighter duties. As such, their broken leg compensation claim included damages for loss of earnings and the injury. The claimant was left with impaired movement in their foot, ankle, and knee. It took around 24 months after the accident for the claimant to regain full movement in the affected leg. At this point, they were still left with a degree of sensitivity where the bolts and nails were inserted into the leg.
Could you claim after a football broken leg injury? If you’re a football player with a broken leg caused by negligence, get in touch with our team to find out your eligibility to claim.
The Allegation And Establishing Liability
The allegation held that the defendant dangerously kicked the claimant’s leg from behind in either a deliberate or negligent way. At the time of the accident, neither player was in possession of the ball and it was not close to them. The kick to the claimant’s leg caused a serious fracture which, as highlighted above, caused several surgeries and the placement of nails and bolts to correct. The claimant was unable to work for six weeks, losing earnings during this period. They also suffered a degree of restricted movement for two years after the initial kick.
How The Settlement Was Negotiated
Whilst cases such as this can sometimes proceed to court, with a defendant refusing to admit liability, in this case, the defendant did admit their liability for the injuries suffered by the claimant. As such the matter was able to be settled out of court by solicitors acting on behalf of the claimant and defendant.
The claimant was awarded a total of £20,000 compensation for a broken leg and other damages. This was made up of a combination of general damages for the injuries sustained to their leg, and special damages. The special damages included an award for loss of earnings over the six week period the claimant was unable to work, as well as future medical costs, travel expenses and other sundry expenses.
To be eligible to make a personal injury claim for compensation for a broken leg, you will need to meet the following requirements:
- A relevant third party owed you a duty of care.
- This duty of care was breached.
- Due to this breach, you suffered a broken leg.
There are various instances where you are owed a duty of care, these include:
- On the road – Road users must adhere to the regulations and rules set out for them in the Road Traffic Act 1988 and the Highway Code. They must also use the roads in a way that avoids causing harm to themselves and other road users. This is their duty of care.
- In the workplace – Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. Per their duty of care, they must take all reasonably practicable steps to ensure the health and safety of their employees whilst they are at work and completing work-related duties.
- In public places – Under the Occupiers’ Liability Act 1957, anyone in charge of a public place must take all the necessary steps to ensure your reasonable safety while you are using that space for its intended purposes. This is their duty of care.
If you can prove that a relevant third party breached their duty of care and that this caused your injury, you could make a broken leg claim.
You will also need to ensure that your claim is filed within the personal injury claim’s time limit. This is set out as 3 years from the date of the accident under the Limitation Act 1980. There are certain exceptions that may apply to this limitation period.
To learn what these exceptions are, or to see if you may have a valid claim, you can contact one of our friendly advisors today.
Following a successful broken leg claim, your compensation settlement will include general damages. This head of loss compensates you for the pain and suffering you have endured due to your broken leg injury.
When legal professionals are valuing your injury, they may refer to the Judicial College Guidelines (JCG). The JCG provides a list of various types of injuries at different severity levels and assigns them with guideline compensation brackets. For the table below, we have listed some relevant entries that are stated within the 16th edition of the JCG.
Please only refer to these figures as a guide. How much compensation you could be awarded will be affected by the various factors affecting your claim.
|Leg||Amputation (i)||£225,960 to £264,650||One leg lost below the knee, the other above or both legs lost above the knee.|
|Leg||Amputation (ii)||£189,110 to £253,480||Both legs amputated below the knee.|
|Leg||Amputation (iii)||£98,380 to £129,010||One leg is amputated above the knee.|
|Leg||Amputation (iv)||£91,950 to £124,800||One leg is amputated below the knee. The bottom of this bracket is justified if the case is straightforward. Traumatic amputations or numerous unsuccessful operations could result in higher compensation amounts.|
|Leg||Severe (i)||£90,320 to £127,530||These injuries will be just short of amputation. Examples include severe fractures requiring bone grafts and extensive degloving.|
|Leg||Severe (ii)- Very Serious||£51,460 to £85,600||Multiple fractures that may take years to heal and other injuries where there is a permanent issue with mobility or deformities. Arthritis is likely to develop in a joint so further treatment is likely.|
|Leg||Severe (ii)- Serious||£36,790 to £51,460||Injuries will result in a need for extensive treatment, ensuing arthritis and a long period of non-weight-bearing. Examples include serious fractures or ligament and joint injuries.|
|Leg||Moderate||£26,050 to £36,790||Examples include serious crushing injuries or complicated/multiple fractures.|
|Leg||Less Serious (i)||£16,860 to £26,050||There will be serious soft tissue damage or fractures from which an incomplete recovery is made. The result will be impaired mobility and/or defective gait.|
|Leg||Less Serious (ii)||£8,550 to £13,210||No damage to articular surfaces from a simple femur fracture.|
|Leg||Less Serious (iii)||Up to £11,110||Soft tissue damage or simple tibia fractures.|
Some broken leg compensation payouts may also include special damages. This head of claim aims to compensate you for the financial losses you have experienced due to your broken leg. For example, if you have required time off work to recover, you could claim back a loss of earnings under special damages.
Some other examples of the losses you could claim for under special damages include:
- Essential travel expenses.
- Medical costs.
- Care costs.
- The cost of mobility aids.
Providing evidence of these losses with payslips, bank statements, and receipts could help support your claim for special damages.
To receive a free valuation of your personal injury claim, you can contact our team of friendly advisors.
At Legal Expert, we can work with claimants on a No Win No Fee basis. This is a type of contract known as a conditional fee agreement which means that no matter your financial situation you can work with experienced and dedicated solicitors who can help you claim the compensation you deserve, without having to worry about upfront payments or hidden fees. No Win No Fee means that if your compensation claim is not successful, you won’t have to pay any fees to your solicitors. If your solicitor does recover damages for you, their success fee will be taken from this amount. By law, solicitors can’t take more than 25% of the total award. Using a No Win No Fee solicitor means that you won’t face additional financial hardships as a result of making a claim.
The specialist personal injury solicitors we work with believe it is more important for a claimant to spend time resting and recuperating, rather than worrying about solicitors fees and their case. Legal Expert aims to do as much of the work as we can, leaving you to concentrate on getting better.
Talk to the dedicated professionals at Legal Expert today to start making your compensation for a broken leg or another personal injury claim. You can find out more information about leg injuries and broken leg compensation payouts in our guide here. Contact Legal Expert today by calling 0800 073 8804, or email us on Info@legalexpert.co.uk. Alternatively, use the online contact form on this page.
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NHS Advice For Broken Leg Injuries
What to do if you have a broken leg as well as advice on how best to recover.
Information and advice from the NHS for a range of common sporting injuries.
What bone have you broken? calculate the amount of compensation you could claim for each bone or contact us today for free advice.