A Guide to Claiming Leg Injury Compensation
If you have been affected by a leg injury we can help.
The purpose of this guide is to help anyone who has suffered a leg injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
What are the statistics?
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.
What are the most common types of leg injury?
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 life-changing consequences for those affected.
Assessing the severity of a leg injury
It is often difficult to determine the severity of a leg injury and the effect it may have on a claimant in the future.
In most cases, a claimant will be required to undergo a medical examination to assess the injury and recommend any further treatment that may be necessary.
The medical examination is a routine process carried out at t a local medical centre at no cost to you.
Do I have a leg injury claim?
As a basic rule, you will be eligible to make a leg injury claim if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Find out if you have a claim with our Online Claim Checker:
Are there any exceptions?
Even if these two points don't apply to you, a claim may still be possible.
To get a clearer answer, speak to one of our experts on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. We will never put you under pressure to start a claim.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a leg injury claim on their own behalf.
Can I still claim if I didn't report the leg injury?
If you did not report the accident it can make it more difficult to pursue a leg injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
The amount of money you could claim for your leg injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your leg injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a leg injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Leg injury compensation amounts
The following leg injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Leg injury||Less Serious||Simple tibia or fibula fracture||Up to £9,440|
|Leg injury||Moderate||Crush injury||£22,130 to £31,250|
|Leg injury||Moderate||Simple femur fracture||£7,270 to £11,220|
|Leg injury||Serious||Leg fracture with partial recovery||£14,320 to £22,130|
|Leg injury||Serious||Serious with permanent symptoms||£31,250 to £43,710|
|Leg injury||Severe||Very serious with permanent symptoms||£43,710 to £67,410|
|Leg injury||Severe||Loss of one leg above the knee||£78,100 to £106,010|
|Leg injury||Severe||Loss of one leg below the knee||£83,550 to £109,570|
|Leg injury||Very Severe||Loss of both legs below the knee||£160,600 to £215,310|
|Leg injury||Very Severe||Loss of both legs||£191,950 to £224,800|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe leg injury can be £75,000
For a less serious arm injury, in isolation, you would typically receive £4,000.
However, if you have a severe leg injury and a less serious arm injury, you would typically receive £75,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.Read more about multiple injury claims
What is the average injury compensation for a leg injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a leg injury will depend entirely on your specific circumstances.
Your leg injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a leg injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Leg injury compensation
Calculating how much compensation you can claim for a leg injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your leg injury claim could be worth now:
How long does a leg injury claim take?
How long it can take to secure compensation for a leg injury can vary significantly.
For instance, a simple liability accepted injury claim can settle in a month or two. If the defendant denies liability, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information, see:How long will my claim take?
Will I still be able to claim for a leg injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your leg injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How likely am I to win my claim?
It needs to be proven that:
- the accident or circumstances in question resulted in your injuries, and;
- the accident resulted from an act or negligence by the party being held responsible (the defendant).
If the defendant accepts liability, the likelihood of your claim succeeding is very high.
What happens if the defendant does not accept liability?
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. Your lawyer may recommend a course of action.
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 your case is worth considering.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
No win, no fee takes the risk out of making a leg injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.
Our no win, no fee promise
Our no win, no fee guarantee means there is absolutely no financial risk in making a leg injury claim - even if you don't win your claim.
What do I pay if I win my leg injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my leg injury claim?
If your leg injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Leg injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a leg injury claim?
In general, you have a time limit of up to 3 years from the date of the leg injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your leg injury claim becomes 'statute barred'.
Can I claim for a leg injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim leg injury compensation.
In reality, there are a number of factors that can affect whether a leg injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert