A guide to making a No Win No Fee leg injury claim
When personal injury solicitors talk about leg injuries they are referring to an injury to any part of the upper leg or thigh, lower leg or shin, knee, ankle or foot.
Leg injuries are fairly common, with the Department of Health England's statistics revealing that 68,805 people were treated for injuries to the lower leg and knee between 2002-2003. Many leg injuries require hospital treatment including operations and physiotherapy.
The most common types of leg injury are sprains and strains, cuts and bruises, dislocation, and ruptures to tendons or muscles. More serious injuries such as compound fractures or injuries requiring amputation are less common but have serious life changing consequences for those affected.
Quittance's panel of solicitors have assisted in claiming leg injury compensation for people hurt in:
- car accidents
- motorcycle accidents
- cycling accidents (25% of cycle accident claims involve a leg injury)
- slips trips and falls in public places and at work
- cases of medical negligence.
Assessing the severity of a leg injury
It is often difficult to assess the severity of a leg injury and the affect it may have on a Claimant in the future.
In most cases a Claimant will be required to undergo a medical examination in order to assess the injury and recommend any further treatment that may be necessary.
This is a quick and simple examination carried out at no cost to the Claimant at a local medical centre.
Can you claim?
To claim compensation, the accident that resulted in the leg injury will need to have:
- happened in the last three years
- resulted from the act or omission of another party
- caused the injury
The injury lawyer must prove that the Defendant can be held legally accountable for the accident and your injuries resulted from the accident. It may not be clear who is responsible for the accident. If you are not certain who caused the accident you may still be able to make a claim.
How much compensation is awarded for a leg injury?
An award or settlement cannot reverse history, but it should have a positive impact on your present circumstances and future recovery.
Personal injury compensation guidelines are recommended by the Judicial College (formerly the Judicial Studies Board). An amount is recommended with respect to the extent of a given injury. Compensation is laid out in the form of maximums and minimums awarded for each injury.
Technically these guidelines are not law yet both insurance companies and Courts will refer to them when calculating settlement offers and compensation awards. Our Compensation Claims Report will look at the factors affecting your likely compensation by referring to these guidelines.
The Courts understand that there can be life-altering consequences to a leg injury. General and special damages can be awarded for:
- loss of earnings while you are unable to work
- loss of earnings if you are not able to work
- expected future medical care costs and any which you have already incurred
- travel costs and other expenses arising from the injury
- damage to personal possessions
- general pain and suffering including loss of amenity
Relatively minor injuries such as sprains and strains can still cause huge distress and disruption for those affected. General damages awards of up to £7,000 are not uncommon.
Injuries to the femur can warrant higher rewards of between £7,000 and £10,000 - depending on the level of pain, complication and recovery time.
If the injury is more serious preventing or compromising the person's mobility or ability to walk, awards of up to £21,000 are common.
Awards for more severe mobility compromising injuries such as those caused by serious and multiple fractures can earn settlements of up to £100,000. If the injury results in an amputation JSB Guidelines allow for awards of up to £193,000.
For more information on specific leg injury compensation levels get a free compensation claim report.
Sometimes an accident may exacerbate an existing injury . A claim may also be possible under these conditions.
Expenses (e.g. travel for doctors' appointments), medical treatment costs and loss of earnings may also be included in a claim, and are called special damages.
What are the chances of success?
It needs to be proven, on the balance of probabilities, that the accident or circumstances in question resulted in your injuries, and subsequently that this was the result of an act or negligence by the party being held responsible.
Where the Defendant has accepted that they are responsible for the claim the likelihood of your claim succeeding is very high.
On the other hand, if liability is only partly accepted or contested reaching a positive outcome can be more of a challenge.
Whether liability is acknowledged or not, doing everything you can to help your case is strongly recommended. A course of action may be recommended by your lawyer. These are some of the steps you can take:
- report the accident to a suitable person or authority
- record the details of the accident where possible
- gather names and addresses or contact details of witnesses
- take photographs of the scene of the accident
Even where considerable time has passed, doing what you can to help you case is worth considering.
How does No Win, No Fee work for leg injury compensation claims?
No Win, No Fee agreements, technically referred to as Conditional Fee Agreements (CFAs), comprise the foundation of most claims.
The Conditional Fee Agreement lays out the terms between you and the injury lawyer. The agreement details the work your solicitor will deliver and, most significantly, a percentage success fee that will be taken from your award when your claim is successful.
With a Quittance solicitor, you are able to focus on your rest and recovery, with the knowledge that that there will be nothing to pay if your claim is unsuccessful and you will never be out of pocket.
Get your free Compensation Claim Report
The Compensation Claim Report (CCR) considers the main issues of your claim in detail and you will not need to speak to a lawyer.
Your Compensation Claim Report estimates:
- how long the claims process could take
- how likely the claim is to succeed
- how much compensation could be paid
Your CCR helps you to choose whether to make a claim.
We are aware that people having sustained leg injuries will most likely have specific questions before deciding on whether or not to take legal action.
For specific answers to any questions you may have relating to the injury claims process works, such as "How do personal injury solicitors get paid ", go to our FAQ section.
The next steps
Your Compensation Claim Report will include a detailed and bespoke assessment of the possible duration of your claim, the chance of success, and potential compensation.