Broken leg and Personal Injury Claim
Discussion
Hi fellow Pistonheaders
About a month ago I (age 40) was getting into a friends car (passenger seat) when they by accident set off with me half in the car and half out. I still had one leg on the floor outside and the momentum of the car moving forward snapped both my tib and fib.
It has required surgery under general anaesthetic to "repair" the injury. I have had a left ankle fibular nail and medial malleolar screws and syndesmotic screws. My recovery plan is 6-8 weeks non weight bearing with a cast and with a recovery period of about 6-12 months for full recovery.
My friend accepts full responsibility for the accident and is understandably very upset about this and is aware a Personal Injury claim will happen. My main concern is just to get better and recover the best I can as soon as possible, however, I accept my leg health will never be as it was pre-accident due to the screws etc and scarring from surgery and likelihood of arthritis.
My questions are as follows;
1. Has anyone else on here had this type of injury/surgery?
2. What type of issues do you face/suffer now as a result?
3. I am intending to make a Personal Injury claim. How can I establish how much my claim might be worth?
4. Does anyone know about Kemp & Kemp calculations rates?
5. Does anyone have experience of Judicial College Guidelines compensation calculations?
Thank you in advance.
About a month ago I (age 40) was getting into a friends car (passenger seat) when they by accident set off with me half in the car and half out. I still had one leg on the floor outside and the momentum of the car moving forward snapped both my tib and fib.
It has required surgery under general anaesthetic to "repair" the injury. I have had a left ankle fibular nail and medial malleolar screws and syndesmotic screws. My recovery plan is 6-8 weeks non weight bearing with a cast and with a recovery period of about 6-12 months for full recovery.
My friend accepts full responsibility for the accident and is understandably very upset about this and is aware a Personal Injury claim will happen. My main concern is just to get better and recover the best I can as soon as possible, however, I accept my leg health will never be as it was pre-accident due to the screws etc and scarring from surgery and likelihood of arthritis.
My questions are as follows;
1. Has anyone else on here had this type of injury/surgery?
2. What type of issues do you face/suffer now as a result?
3. I am intending to make a Personal Injury claim. How can I establish how much my claim might be worth?
4. Does anyone know about Kemp & Kemp calculations rates?
5. Does anyone have experience of Judicial College Guidelines compensation calculations?
Thank you in advance.
flatsixmaniac said:
Hi fellow Pistonheaders
About a month ago I (age 40) was getting into a friends car (passenger seat) when they by accident set off with me half in the car and half out. I still had one leg on the floor outside and the momentum of the car moving forward snapped both my tib and fib.
It has required surgery under general anaesthetic to "repair" the injury. I have had a left ankle fibular nail and medial malleolar screws and syndesmotic screws. My recovery plan is 6-8 weeks non weight bearing with a cast and with a recovery period of about 6-12 months for full recovery.
My friend accepts full responsibility for the accident and is understandably very upset about this and is aware a Personal Injury claim will happen. My main concern is just to get better and recover the best I can as soon as possible, however, I accept my leg health will never be as it was pre-accident due to the screws etc and scarring from surgery and likelihood of arthritis.
My questions are as follows;
1. Has anyone else on here had this type of injury/surgery?
2. What type of issues do you face/suffer now as a result?
3. I am intending to make a Personal Injury claim. How can I establish how much my claim might be worth?
4. Does anyone know about Kemp & Kemp calculations rates?
5. Does anyone have experience of Judicial College Guidelines compensation calculations?
Thank you in advance.
1.) Yes, tib and fib and the bottom of the tib also significantly fractured with a spiral twist. Fixed with a plate and some screws - don't know the actual name of the technique/parts used.About a month ago I (age 40) was getting into a friends car (passenger seat) when they by accident set off with me half in the car and half out. I still had one leg on the floor outside and the momentum of the car moving forward snapped both my tib and fib.
It has required surgery under general anaesthetic to "repair" the injury. I have had a left ankle fibular nail and medial malleolar screws and syndesmotic screws. My recovery plan is 6-8 weeks non weight bearing with a cast and with a recovery period of about 6-12 months for full recovery.
My friend accepts full responsibility for the accident and is understandably very upset about this and is aware a Personal Injury claim will happen. My main concern is just to get better and recover the best I can as soon as possible, however, I accept my leg health will never be as it was pre-accident due to the screws etc and scarring from surgery and likelihood of arthritis.
My questions are as follows;
1. Has anyone else on here had this type of injury/surgery?
2. What type of issues do you face/suffer now as a result?
3. I am intending to make a Personal Injury claim. How can I establish how much my claim might be worth?
4. Does anyone know about Kemp & Kemp calculations rates?
5. Does anyone have experience of Judicial College Guidelines compensation calculations?
Thank you in advance.
2.) In my case the twist continued after the break and the resulting sharp ends of the bones thrashing about destroyed a number of the 'valves' (or made them less effective) that stops the blood running back down the leg when it gets pumped back up. So I get some swelling around the lower leg if I stand still for a long time, but it goes when walking or leg raised. I use a flight sock now on long haul flights, but that's probably a good idea anyway. Otherwise, no ill effects apart from a nice scar and some discolouration of the skin. BUT that was after having all the metalwork removed again! I was getting a lot of pain with the metalwork in place trying to run/hop/put a 'shock' through it (although no problem with just walking). I was pretty much back to normal in around 6 or 7 months (and I would have been mid 40s then, late 50s now
), and was skiing on it fairly hard in 8 months, notwithstanding the pain with the metalwork above. Quacks were none too keen about taking the metal out as it had healed well in their view, so I had it in for 2 1/2 years in the end. I should have persisted and got it out earlier. 3.) No idea - I put it down to 'one of these things' even though arguable it wasn't my fault, but more important things to worry about...
4.) Duh?
5.) No
Your call to make a claim, but I took the view that I should put my energies into healing - and if I went legal I'd just start to obsess over the case and would be gutted if I lost. I chose just to move on.
I can help you with 3, 4, and 5.
Simple fractures of the tib/fib can be worth in the region of £10,000 but that all depends on recovery time, whether there is metalwork implanted and whether further surgery is needed to remove that in future. Above that value, you start looking at whether the fractures will cause any osteoarthritis in the knee or ankle (depending on where the fracture was) and whether any further surgery in the future will be needed.
All of this info comes from the JC Guidelines. Kemp is not much use save as looking at previous cases where similar injuries have occurred and what payouts those Claimant's received.
Keep all of your receipts (for everything), track how much care you need from now until recovery and get the advice of a decent Physio now.
Good luck.
Simple fractures of the tib/fib can be worth in the region of £10,000 but that all depends on recovery time, whether there is metalwork implanted and whether further surgery is needed to remove that in future. Above that value, you start looking at whether the fractures will cause any osteoarthritis in the knee or ankle (depending on where the fracture was) and whether any further surgery in the future will be needed.
All of this info comes from the JC Guidelines. Kemp is not much use save as looking at previous cases where similar injuries have occurred and what payouts those Claimant's received.
Keep all of your receipts (for everything), track how much care you need from now until recovery and get the advice of a decent Physio now.
Good luck.
tvrolet said:
Your call to make a claim, but I took the view that I should put my energies into healing - and if I went legal I'd just start to obsess over the case and would be gutted if I lost. I chose just to move on.
OP can't lose. He's been badly injured and the negligent party has accepted full responsibility. It's not a win or lose situation, just a "how much" discussion.phil-sti said:
You're going to sue your friend?
If I'd done that to my friend and had the ability to financially compensate him for all the pain and suffering I caused him (which sounds significant in this case) through my insurance policy, I'd be demanding he sued the f
k out of me. It's why I pay for insurance that covers 3rd party injuries.So you'd stiff your friend?
JQ said:
phil-sti said:
You're going to sue your friend?
If I'd done that to my friend and had the ability to financially compensate him for all the pain and suffering I caused him (which sounds significant in this case) through my insurance policy, I'd be demanding he sued the fk out of me. It's why I pay for insurance that covers 3rd party injuries.So you'd stiff your friend?
Who wouldn't???
Fernhurst2012 said:
You should go and see a solicitor and get some proper advice. Plenty of firms will take your case on a no win, no fee basis but don't expect your friend's insurers to roll over, whatever the facts.
Rubbish. Insurers will not waste time fighting claims they can't win. The facts are as stated, and if the driver is 100% honest and gives the same story to the OP, then they will move to settlement pretty rapidly. There's a scale of payments, with variation for other factors (if the OP is a pro footballer he'll get more than a librarian for a badly broken leg).OP will probably have no real problems in claiming. Or as suggested, use a person injury solicitor.
Thank you for all you inputs on this subject.
As twig has deduced I will not have trouble claiming, I just want to make sure I do not sell myself short in agreeing a settlement. Trying to gauge and establish the correct compensation levels is proving challenging and the variables of the future not being known regarding any potential complications or ongoing pain.
I anyone has experience of calculating these types of claims I would really appreciate any input.
As twig has deduced I will not have trouble claiming, I just want to make sure I do not sell myself short in agreeing a settlement. Trying to gauge and establish the correct compensation levels is proving challenging and the variables of the future not being known regarding any potential complications or ongoing pain.
I anyone has experience of calculating these types of claims I would really appreciate any input.
A friend of mine was recently injured in a cut and dried RTA with multiple witnesses and an admission of liability from the other driver - and their insurance company soon after
He was visited by the police a few days later to discuss how they were handling it and my pal raised the issue of personal injury to which the copper just told him the other party's insurance would be likely to stiff him at every opportunity to drive the claim down and to absolutely use a solicitor
Good luck
numtumfutunch said:
my pal raised the issue of personal injury to which the copper just told him the other party's insurance would be likely to stiff him at every opportunity to drive the claim down and to absolutely use a solicitor
"Police know fk all about the workings of insurance" shocker.Insurance companies do not stiff people on genuine injury claims, especially on a serious injury like the OP has sustained. It's actually very bad for business. Nothing does an insurance company more harm than cheating people who have been genuinely badly hurt.
The amount of damages for general damages (injuries) you will get will depend pretty much on the severity of your injury and how long you take to recover and if you do make a full recovery, if not, what ongoing problems you have ben left with.
Special damages (financial losses) are damages for loss of earnings, travelling expenses, treatment charges, care (the time that anyone spends doing things for you that you would normally do yourself) and any future losses when the claim is settled.
Special damages are often higher than general damages.
You have three years to bring the claim.
Check if you have legal expenses insurance on your home insurance and they will instruct a solicitor and you should then get 100% of damages. If you go a no win no fee form, you will get money deducted.
Get the solicitor to submit a claim ASAP, liability won't be an issue and the other side wil help you with rehab if needed.
Its too early to think about how much you will get, so ignore the JC guidelines for the time being and just concentrate on geting better.
Don't try and settle to quickly or let anyone pressurise you into settling to early or under settling
Special damages (financial losses) are damages for loss of earnings, travelling expenses, treatment charges, care (the time that anyone spends doing things for you that you would normally do yourself) and any future losses when the claim is settled.
Special damages are often higher than general damages.
You have three years to bring the claim.
Check if you have legal expenses insurance on your home insurance and they will instruct a solicitor and you should then get 100% of damages. If you go a no win no fee form, you will get money deducted.
Get the solicitor to submit a claim ASAP, liability won't be an issue and the other side wil help you with rehab if needed.
Its too early to think about how much you will get, so ignore the JC guidelines for the time being and just concentrate on geting better.
Don't try and settle to quickly or let anyone pressurise you into settling to early or under settling
I can add, but only from POV of the damage and how long to get better.
I never did claim, as I went for wrong place wrong time (slipped on leaves in the street on autumn day) rather than blame the council and ask them to compensate me.
My what happened to myself, I shattered tib/fib and dislocated the ankle... I took my boot off to see my ankle swinging in the air (OH got an ambulance at that point)....
4 days later and was out of surgery (late Nov)
In plaster stitches removed 10th December, until 23rd I was on the couch trying to work out how to st as I was on opiates but only to help sleep, so 2 tablets a day only, home with the folks for Xmas (was supposed to be abroad).
Plaster taken off in late Dec, switched for aircast.
Banned from walking outside as on crutches and it was icy for Jan.
Feb went to physio, went for 2/3 weeks and they decided not to bother bringing me back, as leg already stronger than it should have been after 8 weeks of physio.
March was off the painkillers (dihydrocodeine) teaching myself to walk again.
April/May was only using the aircast when necessary as ankle was tender, so used on journeys which involved the tube now and again.
June, aircast not used again...
Ankle crunches now and again, no problems with the cold (been in article circle to check that out), 10 pins and 1 plate still in there, still a little wary of the ankle, but that is mental.
Most of all I will say, when you can get off your ass and get swimming breast stroke ASAP... it gives you movement that will result in you ankle and calf muscle regaining their strength back asap.
I lost part of my calf muscle as it detached during the break and no point putting it back again, my ankle is a little sensitive but hey.
How old was I... 34 or so and not that healthy, in fact quite chunky... (that me being 100kg and 5ft 10)... Better now 3 years later.
I never did claim, as I went for wrong place wrong time (slipped on leaves in the street on autumn day) rather than blame the council and ask them to compensate me.
My what happened to myself, I shattered tib/fib and dislocated the ankle... I took my boot off to see my ankle swinging in the air (OH got an ambulance at that point)....
4 days later and was out of surgery (late Nov)
In plaster stitches removed 10th December, until 23rd I was on the couch trying to work out how to s
t as I was on opiates but only to help sleep, so 2 tablets a day only, home with the folks for Xmas (was supposed to be abroad).Plaster taken off in late Dec, switched for aircast.
Banned from walking outside as on crutches and it was icy for Jan.
Feb went to physio, went for 2/3 weeks and they decided not to bother bringing me back, as leg already stronger than it should have been after 8 weeks of physio.
March was off the painkillers (dihydrocodeine) teaching myself to walk again.
April/May was only using the aircast when necessary as ankle was tender, so used on journeys which involved the tube now and again.
June, aircast not used again...
Ankle crunches now and again, no problems with the cold (been in article circle to check that out), 10 pins and 1 plate still in there, still a little wary of the ankle, but that is mental.
Most of all I will say, when you can get off your ass and get swimming breast stroke ASAP... it gives you movement that will result in you ankle and calf muscle regaining their strength back asap.
I lost part of my calf muscle as it detached during the break and no point putting it back again, my ankle is a little sensitive but hey.
How old was I... 34 or so and not that healthy, in fact quite chunky... (that me being 100kg and 5ft 10)... Better now 3 years later.
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