Ankle injury claims arise in cases where a person suffers an injury to the ankle. Injury can be a result of the negligence of another person.
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Ankle injuries are very common. This is not surprising given that our ankles deal with the weight of our bodies as we walk. Therefore ankle injuries can affect a person’s everyday life. The actions/inactions of another person may lead to a personal injury claim. Therefore, those who have been injured may be unable to work or carry out simple everyday tasks as a result.
To make a claim liability must be proven to show that the accident was not your fault. In some cases this can be a simple task, for example, in cases where you slip and fall on a wet floor in a supermarket where there was no wet floor sign, the liability usually rests with the supermarket as they have a duty of care to keep a hazard free environment for customers. In these cases, it must be proven that the party responsible lacked a reasonable duty of care and failed to eliminate any risks and hazards that may have been present.
Slip and fall accidents are the most common form of workplace accidents that result in an ankle injury. These injuries generally occur due to a hazardous working environment. They also occur in cases where a person trips over something that has obstructed them. In cases, a person’s mobility is reduced. As a result, this may affect their ability to work or even carry out daily activities. Certain industries may be more at risk from these accidents. An example of these includes construction, mechanic, retail and hospital workers. Other causes of work related ankle injuries are:
In cases where a person is injured at work and the accident was the fault of somebody else – either the employer or fellow employee – they must report the accident to their superior in work and then seek medical attention straight away before pursuing a claim and speaking with a workplace accident solicitor.
Injuries sustained in a road traffic accident will vary depending on the severity of the accident, the speed of the drivers and whether one or two vehicles are involved. If the accident was caused by another vehicle and was not your fault there are certain steps that need to be taken when making a claim;
Ankle injuries sustained in public place accidents are commonly caused by slips, trips and falls. Liability may rest with the owner of the premises, like a shop or petrol station forecourt. Accidents also commonly take place in hazardous environments. These incidents may also happen on our streets or in local public parks. Cases arise where a person trips and falls on an uneven or broken pavement that is deemed to be hazardous. In these cases, you should seek medical attention. On top of this, take pictures of the cause of the accident and your injuries. Then your next step would be to speak with an accident solicitor.
An ankle fracture occurs when there is a break on one or more bones within the ankle. This is a more serious injury and may be caused by a slip and fall or other serious accident that may cause trauma to the ankle. These fractures must be treated straight away so as to avoid any long term ankle issues.
Tendon injuries are known as tendinopathies. In cases where an accident has caused a person to rupture or tear their tendon, the tendon that wraps around your ankle which provides protection from strains, gives stability and allows you to walk and run cannot do its job. Rehabilitation and possibly surgery may be needed in this case.
Osteoarthritis is a degenerate condition that can cause ankle pain and dysfunction. This can be linked to overuse or repetitive strain injury from a person’s job. It is important to note that you should speak with your employer about personal protective equipment to avoid any long term injuries. Especially a job requires you to perform a certain task that is affecting your ankle.
A broken ankle is one of the more serious ankle injuries a person can sustain. In these cases, surgery may be required to reset the bone. Casting may be required also to provide support to allow the ankle to set correctly and longer term rehabilitation may also be needed. Different types of injuries can happen in more serious accidents like car accidents, occupational accidents, more serious slips, trips or falls and any accident that may affect the lower limbs.
Damage to the ligament of the ankle is not uncommon. In cases following a serious sprain, the ligaments may become torn. This would mean a much longer recovery time and reduced mobility for a longer period of time. As part of rehabilitation, an ankle support may be worn to help the injury heal. This injury is also associated with slip, trips and fall along with other accidents that may inflict damage on the lower limbs.
The value of your ankle injury claim will heavily depend on the specifics of your case. To value your claim you must take into account the following:
The Judicial Council’s personal injury guidelines categorise ankle injuries into the following categories:
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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