This guide will look at broken leg compensation and explain everything you need to know to start a personal injury claim. We’ll begin by explaining who could have a valid claim for injuries like this and how compensation may be awarded if the personal injury claim is a success.
In the sections below, you’ll find informative guidance on the factors that can affect a compensation payout. As well as the pros and cons of using a compensation calculator. The psychological damage of a broken leg is also discussed. We then explore some causes of leg injury that might form the basis of a valid workplace, public liability or road traffic accident claim.
The guide closes by looking at how to build evidence and seek legal advice. The solicitors on our panel can take up eligible leg injury claims through a type of No Win No Fee contract. This avoids upfront or ongoing fees for their work and could offer you a way to get started without concerns of immediate costs.
Our team of advisors are on hand to help with your personal injury claim, including a free eligibility check and valuation. Continue reading to learn more about personal injury compensation, or if you’d prefer to discuss your claim now, you can:
- Visit our contact page
- Call our advisors on 0800 408 7826
- Use our live chat service below.
Jump To A Section
- Can You Make A Claim For A Broken Leg Injury?
- How Much Compensation You Can Get For A Broken Leg
- Causes Of Leg Injuries You Could Claim For
- Steps To Take When Filing Your Claim
- What If The Accident Was Partly My Fault?
- More Information
Can You Make A Claim For A Broken Leg Injury?
The basis for an eligible broken leg compensation claim needs to show that negligence occured. In tort law, three criteria help define this negligence:
- A duty of care (a legal obligation that requires a standard of reasonable care to avoid causing foreseeable harm) applied at the moment of injury.
- A breach occurred.
- This caused you to suffer your leg injury.
If you feel confident that the accident that caused or contributed to your injuries was the fault of others, you could have a valid claim for broken leg compensation against them. Speak to our advisory team now for a free assessment of your claim.
How Much Compensation You Can Get For A Broken Leg?
If a broken leg compensation claim is successful, the amount can cover two categories of loss called general and special damages. The physical pain, as well as any psychological suffering, are assessed under general damages.
Those tasked with the calculations can use any medical evidence to assess the severity of injury and any loss of amenity. Additionally, they often use publications like the Judicial College Guidelines (JCG) to arrive at a value. This publication lists award guidelines for various injuries based on their type and severity.
To help illustrate how compensation could be awarded, we’ve compiled a brief excerpt from the JCG below for leg injuries ranging from amputations to lesser fractures. Please be aware, that each compensation claim will vary, so these figures must be read purely as guidelines. Also, the first line entry does not come from the JCG:
Compensation Guidelines
| Injury Area | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple versions of severe injury and special damages | Severe | Up to £500,000 plus | More than one severe injury and special damages for care costs, medical fees and lost income. |
| Leg Amputations | Loss of both legs | £293,850 up to £344,150 | Both legs are lost above the knee, or one leg is amputated above with the other below. |
| Below knee amputation of one leg | £119,570 up to £162,290 | Whether or not there are complications will affect the award, as will if attempts to save the leg resulted in numerous unsuccessful operations. | |
| Severe Leg Injuries | Most Serious | £117,460 up to £165,860 | The most serious injuries that just fall short of amputation. |
| Very Serious | £66,920 up to £109,290 | Injuries that cause permanent problems with mobility issues | |
| Serious | £47,840 up to £66,920 | Comminuted and compound fractures that require prolonged treatment. | |
| Moderate | £33,880 up to £47,840 | Complicated, multiple fractures as well as crush injuries. | |
| Less Serious Leg Injuires | Incomplete recovery from fractures or serious soft tissue injuries. | £21,920 to £33,880 | The injured person has made a reasonable recovery from fractures, but left with a metal implant, limp, sensory loss, discomfort or exacerbation of a pre-existing disability. In the case of serious soft tissue injuries, there's a significant cosmetic deficit, functional restriction or nerve deamage. |
| Simple femur fracture | £11,120 to £17,180 | The claimant suffered a simple fracture to their femur without any damage to the articular surfaces. | |
| Simple tibia or fibula fractures or soft tissue injuries | Up to £14,450 | There may be ongoing minor symptoms such as aching or modest movement restrictions, or soft tissue injuries that might result in minor residual disability or cosmetic disability. |
Factors Affecting Payouts
Special damages have a bearing on compensation payouts. This head of loss acknowledges the financial damage caused by the leg injury and can make up a significant amount. It is essential to submit proof of the out-of-pocket costs to claim special damages, such as:
- Payslips that prove the injuries caused you a loss of earnings or damaged your ability to earn a living.
- Medical costs.
- Travel expenses to necessary appointments.
- The receipts or invoices for amounts paid to others for essential care.
- Invoices for any home adaptions, such as installing a ramp or stairlift.
Including these financial losses can increase the amount of broken leg compensation in a successful claim. Why not discuss the evidence you have for your expenses with our expert team? If eligible and you wish to proceed, a skilled personal injury solicitor from our panel can calculate a much more accurate amount to aim for.
Using A Leg Injury Compensation Calculator
If you would like an estimate of your general damages, you can use our compensation calculator. However, it is worth remembering that an online tool like a compensation calculator will only provide an estimate.
If you would like a more detailed valuation, one of our advisors could help. Additionally, if you are eligible they could connect you to a skilled personal injury solicitor from our panel. Their expert eye can spot the factors that affect compensation claims such as:
- The cost of long-term medical treatments, physiotherapy and rehabilitation.
- The immediate and long-term impact on your ability to earn or your pension.
- How the injury might change your future needs and the cost this can carry.
Make sure your settlement is for the correct amount. Once your leg injury claim is settled, it cannot be reopened, even if further damages become apparent. Call us first for help with the claims process.
Claiming For Psychological Impact
A broken leg might cause psychological injury as well. An amount can apply for this under general damages as well.
You would need medical evidence of any diagnosed mental health issue caused by the injury to have it considered. Call our advisory team if you have a GP or counsellor’s record of the psychological impact suffered and you want to include it as part of your claim.
Causes Of Leg Injuries You Could Claim For
In the next sub-sections, we look at areas where a claim for broken leg compensation could apply. We also give an example of how it can happen:
Workplace Accidents
The Health and Safety at Work etc Act 1974 (HASAWA) sets the duty of care that employers owe to their employees. They must take reasonable and practicable steps to ensure that their employees are protected from harm whilst working. If your employer fails to adhere to this and you sustain a leg injury as a result, you could be owed compensation.
An example of a breach in duty of care would be if an employer failed to check the safety of scaffolding. Faulty equipment could collapse and workers could suffer significant leg injuries in the fall. Or if a lack of hazard signs led to an office worker slipping on a wet floor.
Road Traffic Accidents
Every road user owes other road users a duty of care to minimise the risk of harm or damage. They must adhere to the Road Traffic Act 1988 and additional obligations in the Highway Code to meet this duty of care. If another driver fails to comply with road safety regulations and they cause an injury, you could claim broken leg compensation.
Here, an example of a breach of duty of care would be an intoxicated motorist colliding with another driver, cyclist or pedestrian and causing them severe leg injuries, such as a broken tibia and fibula.
Public Liability Claims
While in a public place, the occupier (organisation or individual responsible for that space) needs to ensure the reasonable safety of those visiting the premises for its intended purpose. This is the duty of care set out in the Occupiers’ Liability Act 1957. Should an occupier fail to ensure your reasonable safety while you are on their premises and this causes an injury, you could have good grounds to launch a claim.
For example, if required safety checks aren’t carried out at a theme park, the occupier may not notice that a ride is faulty. Allowing people to ride the attraction could result in injuries.
If you would like to discuss your eligibility to claim and the situation that resulted in your leg injury, talk to one of our advisors.
Steps To Take When Filing Your Claim
There are several practical steps and actions that you can take to construct the strongest compensation claim after a leg injury:
Compiling Evidence
Personal injury claims require solid evidence that proves liability for the injuries suffered. So whether it’s in the workplace, in public, or on the roads, the following examples of evidence could be useful to you:
- Any CCTV footage that captured the incident.
- Dashcam or helmet cam footage that captured the accident.
- A copy of the workplace accident book entry.
- The contact details of witnesses to the accident so they can be approached for a supporting statement.
- Also, copies of medical records, X-rays, scans and specialist reports are useful.
- In addition to this, you might want to consider seeking legal help. Call our advisors for advice on how to do this.
Legal Time Limits
The Limitation Act 1980 sets forth a standard time limit of three years from the date of the accident for personal injury claims to be started. However, there are exceptions.
One exception that can be made when starting a claim is for those without the mental capacity to manage the process. In these cases, the limitation period is suspended indefinitely. However, the three-year period to start a claim can commence from the date that this capacity is recovered.
In cases where the injured party cannot start their own claim, a litigation friend can be appointed. If you’d like more specific guidance about time limits for your broken leg compensation claim, get in touch on the contact options above.
Claiming Compensation For Children
Another exception to the limitation period is made for minors. Those under 18 cannot launch a personal injury claim for compensation until they are 18. Therefore, a parent or guardian can be appointed by the courts to launch a claim for them in the role of litigation friend we looked at above. A designated, safe bank account, known as a Court Funds Office account, holds the compensation for the child until they reach 18.
Using A Solicitor And No Win No Fee Claims
The solicitors on our panel have been confidently representing people just like you for decades. They help gather evidence, accurately calculate damages and build a compelling argument for compensation. In addition to this, they explain legal jargon and can guide you through the Pre-action Protocol.
Rather than add to your stress right now, it makes much more sense to see if they could represent you. They can even do this in a way that doesn’t add to your financial burden. By offering a type of No Win No Fee contract called a Conditional Fee Agreement (CFA), you benefit in the following ways:
- No upfront fees to the solicitors for their work on your case.
- No ongoing fees are due for work carried out.
- No fees are due to solicitors for completed work if the claim isn’t a success.
- Only a small amount is owed as a success fee to the solicitors if the claim wins. This amount is a legally restricted percentage taken from your compensation.
Interested? Why not discover how these benefits could help you with your claim for broken leg compensation? Start a conversation with our friendly team on the free call number above. Or you can submit a claim online or ask the live chat a question for an immediate response.
How Long It Can Take For A Broken Leg Compensation Payout?
There isn’t a hard and fast timetable for personal injury claims, although the courts do set a rough guideline in which correspondence and responses are required. Typically, the duration of a claim can be affected by the following:
- The complexity of the injury and recovery plan.
- How long any necessary specialists’ reports take to arrive.
- Whether the defendant disputes liability or offers insufficient settlement amounts.
An expert could give a much more precise idea of timescales. Connect with our advisors to see if they can help you and to learn more about the process of claiming broken leg compensation.
What If The Accident Was Partly My Fault?
You may have been partly to blame for your own injuries. In split liability cases, a compensation claim could still apply. However, the courts typically award an amount of damages that reflects your level of fault. This is often part of car accident claims.
For example, if you were deemed to be 50% responsible for a road traffic accident in which you were injured, they might award 50% of the total compensation amount that would have applied.
If you’d like more information on claims where the accident was partly your fault, or any aspect of the broken leg compensation claim process discussed in this guide, you can:
- Visit our contact page
- Call our advisors: 0800 408 7826
- Use our live chat service below.
More Information
The focus of this guide was broken leg compensation claims. Also, there are other resources on related topics from our website:
- This guide looks at how much compensation for losing a leg can apply.
- Here we discuss foot injury compensation.
- Also, you can read about injury at work claims in more detail.
External resources to help:
- This provides information about broken leg injuries from the NHS.
- Also, Health and Safety Executive (HSE) provide statistics about an array of work-related injury types and hazards.
- Lastly, check your symptoms with the NHS.
In conclusion, we value your interest in our guide about broken leg compensation claims. If you’d like any further information on what factors impact a claim and how No Win No Fee solicitors might help, reach out to the team.