In this article, we aim to answer the question, ‘Can I claim for a leg injury in a hospital?’. If you were visiting a hospital, either to see a friend or relative in a ward, you expect to be relatively safe. However, if you suffer an injury while on the premises, you might be eligible for compensation. You will need to prove that you meet the personal injury claims eligibility criteria, which we discuss in this article.
If you meet this eligibility criteria and decide to file a compensation claim, you will need to follow the claims procedure. You may like to have legal representation to help with the claims procedure. This article concludes with a look at how you can have the support of a personal injury solicitor on a No Win No Fee basis.
Our advisors are here to help you with any queries you have about making a personal injury compensation claim. They can also assess whether you are eligible as well as discuss how much compensation you might receive. Additionally, you could be connected to one of the personal injury lawyers from our panel who might take on your case.
To discuss leg injury claims:
- Call 020 8050 2736
- Fill in our claim online form and an advisor will get back to you at a time that suits you.
- Ask about public liability claims in our live chat.
Select A Section
- Can I Claim For A Leg Injury In A Hospital?
- Who Can Claim For A Leg Injury In A Hospital?
- What Is The Claims Process In Leg Injury Compensation Claims?
- What Is My Potential Leg Injury Compensation Amount?
- Claim Leg Injury Compensation On A No Win No Fee Basis
- More Information About Can You Claim For A Leg Injury In A Hospital?
Can I Claim For A Leg Injury In A Hospital?
While in a public place, as a visitor to that space such as a hospital, the individual or organisation in control of that space (known as the occupier) owes you a duty of care under the Occupiers’ Liability Act 1957. This means that they must ensure your reasonable safety while you are on that premises. If you sustained an injury to your leg as a member of the public visiting a hospital and would like to claim compensation, you must satisfy the eligibility criteria.
When making a public liability claim, you will need to prove that:
- You were owed a duty of care.
- This duty was breached.
- You sustained injuries because of this breach. These could be mental or physical injuries or both.
Ask an advisor, ‘Can I claim for a leg injury in a hospital?’ and they will assess the incident against the claiming criteria.
Who Can Claim For A Leg Injury In A Hospital
There a various ways a member of the public could suffer injuries while visiting a hospital. These include:
- Slipping on a wet floor. If the hospital occupier was aware that the floor was wet, they should take steps, such as putting up a wet floor sign, to avoid members of the public suffering a serious leg injury.
- Slips, trips or falls on a flat surface. Occupiers of public spaces should ensure that walkways are clutter-free and avoid trailing wires across the floor. For example, if a worker is cleaning a specific area, there should be warnings if they cannot avoid trailing the wire for the vacuum cleaner. Without them, a member of the public could suffer a soft tissue injury.
- Fall from a height. These can happen on stairs due to a faulty handrail or poor lighting. The hospital should ensure that the stairs are safe for use and repair any reported faults in a timely manner.
- Faulty automatic door. A faulty door can result in a crush injury that leads to a leg amputation. It is up to the occupier to ensure doors are safe for members of the public to use.
Time Limits In Leg Injury Claims
If you would like to claim compensation for your injured leg, it is vital that you start the process within the time limit. For personal injury claims, this is typically three years from the date of the accident as per the Limitation Act 1980. However, for some injured persons, such as children below the age of 18 and those without the mental capacity to file a claim, this time limit is suspended. Please contact our advisors for further information about time limits and exceptions.
What Is The Claims Process In Leg Injury Compensation Claims?
If you would like to claim broken leg compensation, you need to follow the Pre-Action Protocol for Personal Injury Claims. These involve:
- Sending a Letter of Notification. This is to inform the defendant that a claim is likely to be made.
- Rehabilitation. At this stage, both parties should determine any reasonable medical treatment or rehabilitation that the claimant needs as soon as possible.
- Sending a Letter of Claim. This is the formal notification that a claim is being filed against the defendant. It should provide a concise summary of the facts on which the claim is based.
- Response. The defendant has up to 21 calendar days to acknowledge the Letter of Claim and then 3 months to conduct investigations.
- Document disclosure. This is intended to provide clarity on points of dispute and help resolve the claim.
- Experts. Both parties can instruct relevant experts, including medical professionals, to provide expert reports on the claim.
- Negotiations. If the defendant admits liability, they may make an offer to settle the claim. You can choose to accept their settlement offer or negotiate and ensure they have all relevant information including about losses and future expenses.
- Alternative Dispute Resolution (ADR). This is the final stage of settling out of court. If your claim is not settled, it will go to trial.
You may wish to have legal representation during the civil procedure. A solicitor can be instructed to handle your claim at any point during this process. One of the personal injury solicitors from our panel could be able to help with your claim. Please get in touch with an advisor to find out more.
What Is My Potential Leg Injury Compensation Amount?
If you make a successful claim for your leg injury, your settlement could consist of two parts. These are called general and special damages.
To compensate for the physical pain and suffering and any related mental health injuries, either suffered in the accident or as a result of your leg injury and/or associated treatment, you will be awarded general damages. To help arrive at a figure, those responsible for assessing claims may refer to the compensation guidelines published by the Judicial College (JCG).
In our table below, we’ve listed a few figures for leg injuries from the 16th edition of the JCG. The top row figure is not from the JCG. As all leg injury claims are different, this table is only to be used as a guide.
| Injury | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | You could be compensated for more than one serious injury and related expenses, such as lost wages and mobility aids. | Up to £250,000+ |
| One Leg Lost Above the Knee | As with the above injury, the award is impacted by various factors such as phantom pains. | £104,830 to £137,470 | |
| Loss of One Leg Below the Knee | This bracket can apply to traumatic and surgical amputations with the award impacted by the same factors as above. | £97,980 to £132,990 | |
| Severe Leg Injuries | Most Serious | Although an amputation hasn't occurred or is needed, the injury is so severe that damages are awarded at a similar level, such as in cases of extensive degloving. | £96,250 to £135,920 |
| Very Serious | These injuries result in permanent mobility problems. | £54,830 to £87,890 | |
| Serious | The claimant has extensive scarring, will likely suffer arthritis and experience a lengthy period of non-weight-bearing and prolonged treatment. | £39,200 to £54,830 | |
| Moderate | The injured person has sustained complicated or multiple fractures or a severe crush injury, usually to a single leg. | £27,760 to £39,200 | |
| Leg Injuries that are Less Serious | Fractures and Serious Soft Tissue Injuries | The bracket applies when the injured person has made a reasonable recovery from breaks and fractures but it is still incomplete or sustained serious soft tissue injuries. | £17,960 to £27,760 |
Claiming Special Damages
If you lost any money as a result of your injury, you could recover these funds under special damages. Your leg injury settlement could include compensation for:
- Your loss of earnings, including future lost wages and pension contributions.
- Mobility aids, including wheelchair rental or purchase or the cost of crutches.
- Physical therapy costs.
- Prescription costs.
- Other medical expenses.
To recover these losses, you should save evidence to submit as part of the claims process. For example, receipts, invoices and payslips can help show how much money you lost as a result of your leg injury.
To further discuss how much compensation you get for a leg injury, contact an advisor. They can help calculate the value of your potential personal injury claim.
Claim Leg Injury Compensation On A No Win No Fee Basis
You may like to have a personal injury solicitor to support you through the claims process if you are eligible to seek compensation for your leg injury. One of the personal injury solicitors from our panel could help with your claim. Our panel typically provide their legal representation on a No Win No Fee basis. They usually do this under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement.
Under a CFA, there aren’t:
- Upfront fees for your solicitor’s services.
- Any ongoing costs.
- Payments for your solicitor’s work on your case if your claim fails.
However, if your leg injury claim is successful, your No Win No Fee solicitor will take a success fee out of your award. The law limits this amount to a capped percentage.
If you have any further questions related to ‘Can I claim for a leg injury in a hospital?’ get in touch with a team member. Additionally, you could also be connected to a public liability solicitor from our panel if you satisfy the claiming criteria.
To start your claim today:
- Call 020 8050 2736
- Ask about personal injury claims in our live chat.
- Fill in our claim online form and a team member will call you back.
More Information About Can You Claim For A Leg Injury In A Hospital?
Additional public liability accident claim articles that might help you:
- Guidance on making a claim for an accident in a shop and what steps to take to seek compensation.
- Information on claiming compensation for an accident in a supermarket with the support of a No Win No Fee solicitor.
- Find out about theme park accident claims with this article.
External resources that could be useful:
- Guidance on what to do if you sustain a broken leg from the NHS.
- Information about claiming statutory sick pay (SSP), including statutory sick pay rates from the government.
- Find out how to request CCTV footage of yourself from the government.
To find out more advice on what can you claim for a leg injury in a hospital, contact an advisor.