Ankle Injury Claim in Durham
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An ankle injury is one of the most common of all inflictions. It occurs so easily that there doesn't need to be a dramatic accident or extreme incident on someone else's part - it can occur simply as a result of them not doing something, such as failing to maintain a pavement.
Can I claim compensation for an ankle injury?
Most common cause of ankle injury is playing sports, but even a slight stumble can cause a sprain which can take some time to heal. As sprains are sustained so easily compensation for slight injury is relatively low and many believe they cannot claim for tripping over something. This is not the case. If you fall over and twist your ankle because you stumbled over a broken or unlevel paving slab, those responsible for maintaining the area concerned may well be liable on the grounds of negligence. This would be the land or building owner, local authority etc., depending on whether it is on public or private property.
How much compensation can I get for an ankle injury?
For a minor fracture or sprain with full recovery, compensation can be up to £3,000. More severe ankle injury, which causes difficulty walking. long-term disability and the need for prolonged treatment, £7,000 to £26,000 is the guideline range. For the most severe damage including permanent deformity or risk of amputation, £26,000 to £36,000 can be awarded.
Damages Award for Injury in Durham
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.