If you’ve sustained a leg injury because of a breach of duty of care, then you may be eligible to claim compensation. We will look at accidents on the road, at work or in public places and when they could form the basis of a claim.
Leg injury claims explained
In this guide, we will address some of the key aspects of making a personal injury claim. For example, we will look at some of the different types of incidents that could result in leg injury claims. Furthermore, this guide will explain the process through which personal injury claims are valued.
For more information, please don’t hesitate to contact us. If one of our advisors feels that you have a valid claim, you may be connected to one of the expert personal injury claims solicitors from our panel.
To get in touch, you can:
- Call us on 0113 460 1216
- Find out more about making a claim online
- Access our live chat feature below
Jump To A Section
- When Are You Able To Claim For A Leg Injury?
- Evidence That Could Help You Claim For A Leg Injury
- Is There A Personal Injury Claims Time Limit?
- How Much Leg Injury Compensation Could You Receive?
- You Could Make A No Win No Fee Personal Injury Claim By Contacting Us For Free Today
- Learn More About How To Make A Personal Injury Claim
When Are You Able To Claim For A Leg Injury?
A personal injury claim aims to restore someone back to the position they were in before the accident occurred, as much as this is possible. A leg injury claim is only valid if you can prove that your injuries are a result of third-party negligence. In tort law, this means that:
- A third party owed you a duty of care
- They breached this duty of care, either in their actions or inactions
- This breach caused your injury
There are a number of different scenarios in which an injury may be sustained. Below, we take a look at some of the circumstances in which you’re owed a duty of care which, if breached, could result in you being harmed.
Road Traffic Accidents
Every road user has a duty of care to prevent accidents resulting in injury. The Road Traffic Act 1988 set out the duty of care that applies on the road. The Highway Code contains rules and guidance that road users should follow; some of these rules are legally binding because they can be found in legislation.
For example, you could be involved in a road traffic accident when a car pulled out of a junction when it wasn’t safe to do so, resulting in a T-bone collision. You could sustain a broken leg and lacerations in this car accident.
Accidents In A Public Place
The Occupiers Liability Act 1957 establishes an occupier’s duty of care to members of the public. This means that those in charge of public space must ensure the reasonable safety of those who use the space for its intended purpose. For example, they should assess potential risks and act on the results to prevent accidents in public places from occurring.
For example, if you were using a leg press machine in a public gym and the staff knew it was faulty, but failed to signpost it, then you could be injured. You could experience a kneecap injury if part of the machine came loose and hit you on the leg.
Accidents At Work
All employers owe a duty of care according to The Health And Safety at Work etc. Act 1974. This means that they need to take all reasonable steps to ensure the safety of the workplace, equipment, and facilities to prevent accidents at work from occurring.
These reasonable steps could include performing risk assessments and acting on the results, providing employees with training and maintaining machinery and work equipment. For example, if your employer fails to provide you with non-slip shoes that you need as part of your uniform and you slip and fall, you could sustain a knee injury.
If you have suffered a leg injury and would like to see if you could have a valid claim, please call one of our advisors today.
Evidence That Could Help You Claim For A Leg Injury
When seeking compensation, collecting evidence can help strengthen your leg injury claim. Examples of evidence that could be useful include:
- CCTV footage capturing the accident. If you’ve suffered injuries in a road traffic accident, this could include dash cam footage
- Photographs of your injury and the accident site
- Medical records e.g. X-rays or notes from your doctor
- Witness contact details from anyone willing to provide a statement at a later date
- Keeping a diary which includes symptoms and treatments which illustrate your physical/mental state after the accident
You might find the process of collecting this evidence easier with the help of a lawyer. To see if you could be connected with a legal representative from our panel, why not get in touch today?
Is There A Personal Injury Claims Time Limit?
According to The Limitation Act 1980, the standard time limit for making a personal injury claim is three years from the date the accident took place. However, certain exceptions can be made. For example:
- Child accident claims – The time limit is halted until their eighteenth birthday. Once they turn eighteen, they have three years in which they can start their own claim.
- Someone who is lacking the mental capacity to claim- The time limit is halted if someone is not mentally capable of pursuing their own claim. If they become able to do so, the time limit begins.
However, litigation friends can be appointed to claim on behalf of the injured party while the suspension applies to the time limit. A litigation friend should be someone acting in the best interests of the claimant, for example, a parent or a guardian.
If you would like to discuss the specific time limit that applies to your case with a member of our team, you can get in touch today. They may be able to connect you with a lawyer to represent you in your leg injury claim.
How Much Leg Injury Compensation Could You Recieve?
A personal injury settlement in a leg injury claim can consist of two heads – general damages and special damages. General damages account for the pain and suffering that have resulted from your injuries. The severity of your injuries and the impact it has had on your life are just two of the factors that will be considered when this head of your claim is valued.
Solicitors, alongside other legal professionals, can use the Judicial College Guidelines (JCG) to help assign a value to personal injury claims. This document contains guideline compensation brackets for different injuries, split into different severity levels.
Below, you’ll find a table displaying injuries and their compensation brackets. Please note, the figures aren’t guaranteed and should only be used as a guideline.
| Injury | Severity | Notes | Compensation Guideline Bracket |
|---|---|---|---|
| Leg Amputation | Loss of both legs (i) | Where both legs have been lost above the knee, or one to a high level above the knee and the other below. | £201,490 to £270,100 |
| Leg Amputation | Below-knee loss of both legs (ii) | Award will consider the level of amputation and factors such as the presence and severity of phantom pains. | £97,980 to £132,990 |
| Leg Injuries | Severe (i) | While these injuries will not necessitate an amputation, the injured party will not be left much better off than if it did. | £96,250 to £135,920 |
| Leg Injuries | Very Serious (ii) | These injuries will result in ongoing issues with mobility. They might need to use crutches or other such aids for the rest of their life. There may be multiple fractures that have taken years to heal. | £54,830 to £87,890 |
| Leg Injuries | Serious (iii) | Serious fractures that cause instability, a long period of treatment, a lengthy period of inability to bear weight on the injured leg and extensive scarring. | £27,760 to £39,200 |
| Leg Injuries | Moderate (iv) | Complicated fractures, or where multiple breaks affect the same leg. The extent of treatment and impact on employment are two factors that could impact the award. | £27,760 to £39,200 |
| Leg Injuries | Less Serious (i) | Where a fracture to the leg doesn't entail a full recovery; for example, the injured person is left with a limp despite a reasonable level of recovery. | £17,960 to £27,760 |
| Leg Injuries | Less Serious (ii) | A simple fracture to the femur that doesn't damage the articular surfaces. | £9,110 to £14,080 |
| Leg Injuries | Less Serious (iii) | Simple tibia or fibula fractures or injuries to soft tissue. | Up to £11,840 |
You Could Make A No Win No Fee Personal Injury Claim By Contacting Us For Free Today
One of the more popular ways for people to work with a solicitor is through a Conditional Fee Agreement (CFA), which is a form of No Win No Fee agreement. Under these terms, the claimant is able to access legal representation at no upfront cost. Further benefits of using a No Win No Fee solicitor include:
- There aren’t any ongoing fees to pay for the work your solicitor carries out on your claim.
- If successful, your solicitor will deduct a small percentage of your compensation, known as a success fee. This is subject to a legal cap.
- If your claim fails, you don’t have to pay any costs for the services your solicitor has provided.
We urge you to get in touch to speak to one of our advisors if there is anything you would like to know more about. You can:
- Call us on 0113 460 1216
- Find out more about making a claim online
- Access our live chat feature below
Learn More About How To Make A Personal Injury Claim
We hope that our guide on leg injury claims has been helpful. We have included links to some of our related guides below:
Claiming When Injured Due To A Breach of Health And Safety At Work
What Could I Get For A Shopping Centre Accident Claim?
I Had An Accident At Work, What Are My Rights?
Claiming Compensation For Chest Injuries
Helpful external links:
The government provide information on entitlement to statutory sick pay
An NHS guide on how to administer first aid
Think! guidance on cycle safety
Writer Laura Smith
Publisher Fern Stringer