Case Study | £20k Compensation For A Broken Leg
By Megan Black. Last Updated 8th July 2024. 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.
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Select a Section
- Broken Leg Claim – Case Study
- The Criteria To Make A Broken Leg Claim
- Examples Of Compensation For A Broken Leg Claim
- Can I Claim For A Broken Leg On A No Win No Fee Basis?
- Contact Legal Expert Today
Broken Leg Claim – Case Study
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.
The Criteria To Make A Broken Leg Claim
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.
- 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.
Examples Of Compensation For A Broken Leg Claim
Broken leg compensation payouts will not all look like the one described in our case study. This is because the amount awarded will be driven by factors like the claimant’s level of pain, extent of treatment and longer-term impact on their quality of life.
Compensation for a broken leg will always include a payment that falls under the general damages head of a loss, if the claim is a success. This means that you would be compensated for physical harm and psychological damage caused by your broken leg.
For example, someone who suffers a badly broken leg in a football match might claim for the effects of depression and a lengthy rehabilitation on top of the leg pain they experience.
Those applying a value to your injury might look at the Judicial College Guidelines (JCG) for guidance. This document recommends compensation brackets for different forms of harm, including broken bones and fractures.
We have used the JCG to create the table you see below. This is not a confirmation of how much compensation you would receive, but it is a useful guide. Additionally, the top entry has not been taken from the JCG.
Leg Injury Level Amount
Multiple Serious Injuries Plus Financial Loss Up to £200,000+
Severe (i) £117,460 to £165,860
Severe (ii)- Very Serious £66,920 to £109,290
Severe (iii)- Serious £47,840 to £66,920
Moderate £33,880 to £47,840
Less Serious (i) £21,920 to £33,880
Less Serious (ii) £11,120 to £17,180
Less Serious (iii) Up to £14,450
Can I Claim For Financial Loss Caused By A Broken Leg?
In our case study, the claimant received a payment for a loss of earnings under the special damages head of loss. This head does not just account for missed work payments, but any financial losses caused directly by the injuries. A special damages payment might also cover:
- Medical bills.
- Travel costs.
- Home healthcare fees.
- Money spent on mobility aids.
If you’re wondering what you could be awarded in a broken leg compensation claim, all you have to do is call today and a friendly advisor will be on hand to discuss how payouts work.
Can I Claim For A Broken Leg On A No Win No Fee Basis?
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.
Contact Legal Expert Today
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.
Useful Links
Leg Injury Claims
Find out more about making a leg injury compensation claim with Legal Expert’s guide.
NHS Advice For Broken Leg Injuries
What to do if you have a broken leg as well as advice on how best to recover.
Sporting Injuries
Information and advice from the NHS for a range of common sporting injuries.
How Much Compensation For A Broken Bone?
What bone have you broken? calculate the amount of compensation you could claim for each bone or contact us today for free advice.
