Ankle InjuryCompensation Claims
If your ankle injury seems mild, at least start with home care: rest, ice packs, mild compression and elevation. You can manage the pain with over-the-counter pain relievers unless you suffer from diabetes or any special medical condition.
Consulting your doctor first is in any case the smartest choice. The doctor can also recommend support like crutches, a walking (moon) boot or a cast to stabilize the ankle strain or sprain. Later, a physical therapist will provide appropriate exercises to restore your ankle's range of motion, strength, flexibility and stability.
Ankle injuries can have far-reaching implications for an injured person's mobility as well as finances. A serious ankle injury can have a devastating impact on your quality of life.
Your ankle injury may be severe and require special medical treatment or surgery, in which case you can claim compensation through a personal injury lawyer. Specialist personal injury solicitors can advise you on the prospects of a successful claim.
Common ankle injuries include ankle strains, ankle sprains and fractures. You can also get a tear of ligaments or tendons. Untreated ankle injuries can lead to serious and debilitating complications. If you suffer from an ankle injury, it's important to get an evaluation by a trained ankle specialist if your symptoms don't improve within a day or two.
The ankle is a complex structure and requires expert medical treatment in the case of a serious ankle injury or broken bones. Tendons attach muscles to the bones, while ligaments attach bones to other bones. Tendons and ligaments work together to provide movement and stability.
The ankle is where 3 bones, the tibia and fibula of your lower leg and talus of the foot, meet. These bones are held together at the ankle joint by ligaments (like strong elastic bands) that keep the bones in place while allowing normal ankle motion. Tendons attach muscles to the bones, making the ankle and foot move, and help keep the joints stable.
A broken ankle or a fractured ankle is an injury to the bone. You may experience a broken ankle from a twisting injury from a simple misstep or fall, or from direct trauma during a car crash.
One of the main tendons of the foot is the Achilles tendon. It attaches the calf muscle to the heel bone. The Achilles tendon makes it possible to run, jump, climb stairs and stand on your feet.
Let's have a closer look at the following types of ankle injury compensation claims: an ankle injury at work, an ankle injury due to a motor vehicle accident and an ankle injury caused by a slip and fall. Compensation claims for personal injuries are made under the relevant legislation or under common law.
Businesses in Queensland that employ workers are legally obliged to insure them against work-related injuries. A workplace ankle injury is covered under WorkCover insurance or a workers' compensation scheme policy held by the employer. These are applicable to injuries that occur while you're at work or while travelling to and from work.
When you claim worker's compensation for an ankle injury, Workers' compensation covers workers for up to 85% of your weekly wage while you're unable to work as well as medical treatment and medication, rehabilitation, hospital and travel expenses.
Doctors use tables and scales to determine the impairment rating of a worker after an ankle injury. Injured workers receive an offer of a lump sum compensation based on their work-related impairment or degree of permanent impairment (WRI/DPI).
The consequences of an ankle injury at work are well illustrated in an unfortunate case in 2017. The claimant was busy in the course of her work at a nursing home. While helping to shower a patient, she slipped, injuring her ankle. She only had a few days off work, but her symptoms worsened. One thing led to another and three years later she developed a deep venous thrombosis and 2 pulmonary thromboses. The court took into account that she also suffered from depression and met her ankle injury claim with a $ 480,000 payout.
Another older ankle injury compensation claim was decided by the Queensland District Court. Here the person with the ankle injury was affected to a large extent by her depressive mood and the court, in addition to general damages, made provision for payments to her for future psychological treatment and rehabilitation of her incapacity for work. The court ordered a total compensation payout of $ 311, 709.
Learn more about how you might be entitled to make a workers compensation claim.
Motor vehicle accidents include those in which the following vehicles are involved: motor vehicles, motorcycles, bikes, buses, trains, trailers and trucks. This insurance provides for compensation payouts for people injured or killed when a motor vehicle is involved in an accident.
In this case, the injured person's claim is against the CTP (Compulsory Third Party) insurer of the vehicle at fault. The driver or passenger in a vehicle or even a pedestrian bystander may claim compensation provided they suffered personal injury and did not cause the accident.
If the details of the at-fault vehicle are unknown or the vehicle was unregistered at the time of the car accident, you may still be able to submit a claim for compensation via the State Government's Nominal Defendant.
In motor vehicle and other accidents, the extent of injuries is described as moderate, serious, severe and extreme.
Once again, an ankle injury due to a motor vehicle accident is illustrated by a claim finalized in 2020 by the Queensland Supreme Court. The injured claimant suffered severe injuries including injuries to his neck and shoulder. He was healthy at the time of the accident and worked outdoors as a self-employed vessel master and game fishing boat operator. It took him a long time to recuperate from his ankle injury and he was unable to return to his former work. The court awarded him an amount of $633.988 in his personal injury compensation claim.
Find out more about making a car accident compensation claim.
Personal injury claims can occur in other places as well, like, hotels and cafés, schools, entertainment venues and footpaths; even ankle injuries sustained inside your rental home or someone else's home could present a claim.
These claims fall under Public Liability insurance. Businesses, individuals and organisations have a duty of care to avoid harm to others on their premises where the harm could be reasonably foreseeable.
You have to prove that the person or business owed you a duty of care; that they breached the duty of care; they should have known it would cause a shoulder injury; you were hurt and suffered an injury as a result thereof.
Recently, a case hit the news when a teen's father claimed damages on behalf of his son. The boy, a minor, visited a store, where various sports equipment was displayed, with his father's partner. He started using the cross-trainer when his left foot “struck the uncapped end of the seat rail of the rowing machine,” slicing his Achilles tendon.
He underwent surgery for the serious injury the same day, but the boy and his family allege he continues to suffer pain and stiffness, has limited running tolerance, difficulty ascending and descending steps, reduced squatting capacity and loss of range of movement.
The father alleges that there were no warning signs put up close to the equipment in the store at the time. He claims compensation in the amount of $ 252,005 as a result of the store's alleged negligence. The case continues.
Doctors determine the nature and extent of ankle injuries through physical examination, X-rays and Ultrasound. If these methods are inconclusive, doctors will resort to CT (Computed Tomography) and MRI (Magnetic Resonance Imaging) scans.
You should meticulously keep a record of all your injuries, medical treatment and expenses. It is a good idea to take photos of your injury (or have them taken) and the place where your ankle injury occurred. Write down what happened to you while the incident is still fresh in your mind. Obtain the contact details of any witnesses.
Make notes of lost wages and expenses relating to your ankle injury claim. Keep your medical evidence safe and share it with your appointed lawyer.
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The less serious and straightforward your injury and claim, the sooner you can obtain an ankle injury settlement and payout. A severe ankle fracture that requires surgery may take more time to heal. Also, an ankle injury that appears slight at first may turn out to present complications later.
Ankle injury settlement amounts could be resolved within a couple of months, 12 to 18 months or longer in the case of a common-law claim or severe ankle injury.
A Notice of Claim for compensation payment for ankle injuries must be served on the party at fault within 9 months of the injury or within 1 month of consulting a lawyer whichever is first. Under certain circumstances on showing good reason, an application for an extension may be made.
Court claims must be instituted within 3 years of the accident.
Compensation lawyers will represent you on a no win no fee basis in most personal injury claims. This means that if your claim is unsuccessful, you won't have to pay the lawyer. However, if your claim is successful, you'll have to pay the lawyer's fees.
Smith's Lawyers uphold a no win, no fee, no catch promise and they bear the costs of the other sides legal fees, if the claim were to go to court and have an unfavourable outcome. There is no financial risk and in over 25 years we have never had a client out of pocket.
Most lawyers are usually paid between 10 to 20% of a worker's compensation settlement award. When you receive an ankle injury compensation payout, your lawyer will receive an agreed-upon percentage of the amount you recover.
In Queensland, the 50/50 Rule applies which caps the fees a law practice can charge in personal injury compensation claims. It states that a law practice is entitled to charge no more than half the amount to which they're entitled under a judgment or settlement after deducting certain expenses a client is required to pay, including disbursements. Disbursements are the costs incurred by a legal firm in pursuing your claim.
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Each ankle injury claim is unique and it depends on the specific facts of each individual case as to what your ankle injury settlement amount will be. Keep this in mind when you refer to the court cases above where ankle injury compensation claims were awarded.
As your initial consultation is free, it makes sense to make an appointment with one of our experienced, personal injury solicitors. Then we can give you a more detailed estimate of how much ankle injury compensation you can get. You have nothing to lose.
One thing is clear - an ankle injury can potentially have a devastating impact on your quality of life.
As mentioned, ankle injury claims can be complicated and it is important to have a knowledgeable personal injury lawyer looking after your best interests. He or she will be able to ascertain whether your injuries are correctly assessed and be able to fully investigate issues like employer negligence or possible other options for you. In some uncommon instances, you may even be able to claim medical negligence if the doctor botched up your ankle treatment.
At times, engaging with a compensation lawyer can be quite costly. However, Smith's Lawyers offer a no win, no fee, no catch promise which provides no financial risk to our clients. We only charge for the work done, not a fixed percentage. There are no hidden fees. In over 25 years we have never had a client out of pocket.
'No win, no fee' is a popular slogan among personal injury lawyers. You only pay the lawyer if your compensation claim is successful.
The purpose is to provide access to justice on a large scale by removing the upfront costs and many of the risks. Risks may, however, include having to pay disbursements like expert medical costs, barrister fees, printing or photocopying services and possibly the other party's legal fees.
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I would highly recommend Smith’s Lawyers. The work they put into my case was exceptional, even with such a busy working life and at most times being unreachable. They went above and beyond to ensure the best possible outcome. I am very pleased with their work and the result.
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"Greg, Luke and the team at Smiths Lawyers were absolutely amazing in the handling of my cases from day one they were so proactive right through to finalisation of my claim. It’s true what they say no win no fee ( A broad statement) we won my claim and the cost associated with the claim was as such after deductions."
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