Have you suffered a sprain, strain, or rupture that wasn’t your fault? You could seek compensation through a personal injury claim. This guide explains Achilles tendon injury claims.
We will explain exactly how Achilles tendon injuries can happen and how they can lead to legal claims. There are various ways, all of which include the same feature: a duty of care. We will explain what this means and what your legal rights are when someone fails to uphold such a duty.
If you successfully make a claim, your settlement could consist of up to two types of damages. We will explain what they are for, how they are calculated, and other factors that may affect your claim. We will also go over how claims work, including the evidence you will need to make one and the deadline before which this must be done.
Whether for your pain and suffering or any financial losses as well, you could be owed Achilles tendon injury compensation. To learn more, keep reading. Alternatively, contact our advisors for a completely free initial consultation.
- Call on 0800 073 8804.
- Use our online claim form.
- Use the Live Chat feature below.
Select A Section
- What Is An Achilles Tendon Injury?
- Am I Eligible To Claim Compensation For An Achilles Tendon Injury?
- Common Causes Of Achilles Tendon Injury
- How Much Compensation You Could Claim
- Starting An Achilles Tendon Injury Claim
- Get More Information
What Is An Achilles Tendon Injury?
The Achilles tendon connects the calf muscle to the heel. According to the Hull University Teaching Hospitals NHS Trust, it allows you to point your foot downwards, which is important for everyday movements like running and jumping.
Although the Achilles tendon is the largest and strongest in the body, sudden stress can injure it if there is unpredictable movement or a pre-existing weakness. This is common in sports such as football, where players change direction while moving at speed.
Recovery depends on the injury. According to the Cambridge University Hospitals NHS Trust, you may need a protective boot to limit ankle movement for up to 12 weeks after an Achilles tendon rupture. If your injury is serious, it can take 24 weeks of rehabilitation and care or more to restore full function.
You may experience pain and discomfort for long periods, and you may have to take time off work. If someone causes this, you may be able to seek compensation for your losses and discomfort. Contact our advisors via the details above if you wish to discuss Achilles tendon injury claims, or keep reading to learn more.
Am I Eligible To Claim Compensation For An Achilles Tendon Injury?
You can make an Achilles tendon injury claim if you can meet the following criteria:
- A person or organisation owed you a duty of care.
- They breached their duty of care.
- This breach harmed you.
A duty of care is an obligation to provide a minimum standard of care. You are owed a duty of care in many parts of your life, including your workplace, on the road, and in public places. If someone who has a duty of care falls below the standard that duty requires, they breach that duty. We will explain how this works with examples in this guide.
If you can prove that a third party was negligent towards you, you can seek compensation from them. Negligence is when a breach of a duty of care harms you. This may be more common than you expect. Use the details provided at the start of this guide to speak to our advisors about your eligibility to claim compensation.
Common Causes Of Achilles Tendon Injury
We will now consider the events that might lead to Achilles tendon injury claims.
In each example, the law places a duty of care on a third party. They fail to meet the standards under that duty and, in doing so, cause harm. Had they met those standards, the harm would have been prevented. In other words, they are negligent.
Accidents At Work
Under the Health and Safety at Work etc. Act 1974, employers must take reasonable steps to keep employees safe in the workplace. This is a duty of care. Negligent employers harm their staff by failing to take these steps. For example:
- Due to poor risk assessment, your manager does not put out a “wet floor” sign after cleaning an oil spill, which causes you to slip and fall and sprain your ankle.
- A colleague runs over your foot when they lose control of a forklift truck, leaving you with a broken foot and a snapped Achilles tendon. Your colleague was told to operate the forklift despite not having the proper safety training.
- After a construction site accident, you require time off work and surgery to fix a broken ankle. You were not provided with adequate Personal Protective Equipment, despite your foreman knowing the risks.
You could make an accident at work claim if an employer harms you by breaching their duty of care.
Road Traffic Accidents
Road users must not endanger one another. This is the duty of care for anyone using the roads. Negligent road users cause harm when they fail to follow the rules of the road, such as the Road Traffic Act 1988 or Highway Code. For example:
- Believing it to be safe, a driver mounts the pavement to get around roadworks. They drive over your foot and leave you with a broken ankle and crushed toes.
- You perform an emergency brake. You sustain a broken Achilles heel when the driver behind, who did not leave adequate space, rear-ends your vehicle.
- An untraced driver knocks you off your motorcycle at night without stopping. Your leg becomes pinned under the bike, causing a broken foot bone in four places, along with an injury to your Achilles heel.
You could make a road traffic accident claim if another road user harms you by breaching their duty of care.
Accidents In A Public Place
Under the Occupiers Liability Act 1957, those in control of public spaces must, within reason, ensure the reasonable safety of those visiting the space for its intended purpose. This is a duty of care. Negligent occupiers harm visitors by failing to do so. For example:
- The council does not fix uneven pavement in their multi-storey car park despite knowing about the hazard. You trip while leaving work one night and sustain a serious Achilles tendon injury,
- You are left with a severely twisted ankle when, during a visit to your local swimming pool, you fall on tiles that had not been cleaned as often as risk assessments revealed they should be.
- Your local leisure centre causes a serious gym accident by not removing equipment they know to be faulty. You have to take several months off work with a fractured femur when it collapses on your leg.
You could make a public liability claim if an occupier of a public space harms you by breaching their duty of care.
If you would like to discuss your unique circumstances, our advisors are available 24/7 via the details above. They can help you better understand your prospects and, if you wish to proceed, connect you with one of our personal injury lawyers.
How Much Compensation You Could Claim
Personal injury claims generally seek compensation in two ways:
- General damages for pain and suffering.
- Special damages for financial losses.
Both must be the result of your injuries. For example, you could claim compensation for a car accident that broke your leg unless your leg was already broken. In that case, you could only claim for the extent to which the crash, according to medical evidence, made your leg worse.
A claim may also be reduced if you are partly to blame. The reduction in compensation is the same as the amount of blame you share, whatever percentage that may be. This is called split liability.
How Achilles Tendon Payouts Are Calculated
General damages compensate you for pain and suffering. They are calculated by comparing medical records to the Judicial College Guidelines (JCG), a set of tables that lists the compensation paid out for different injuries in the past.
The JCG doesn’t guarantee final compensation, but it does allow the parties to negotiate with a similar understanding of claim value. We provide some examples below. Please note that we have added the top figure to account for more complex cases. This figure was not taken from the JCG. Please only use this table as a guide.
| Injury | Severity | Guideline Compensation |
|---|---|---|
| Multiple Injuries With Special Damages | Severe | Up to £150,000 or more |
| Ankle | Very Severe | £61,090 to £85,070 |
| Severe | £38,210 to £61,090 | |
| Moderate | £16,770 to £32,450 | |
| Modest Injuries | Up to £16,770 | |
| Achilles Tendon | Most Serious | In the region of £46,900 |
| Serious | £30,500 to £36,720 | |
| Moderate | £15,370 to £25,710 | |
| Minor | £8,870 to £15,370 |
You can also claim for special damages if you can prove your injuries led to financial losses. An Achilles tendon injury may force you to:
- Lose income due to time off work.
- Make accessibility adjustments to your home.
- Pay for private medical care.
- Hire domestic help or professional carers.
Special damages aim to reimburse you for such losses, provided you can prove their cause. For example, you could claim for loss of earnings by presenting past payslips and a doctor’s note about your time off work.
Starting An Achilles Tendon Injury Claim
Once you decide whether you will instruct a solicitor or take on the risk yourself, your next step will be to set out your legal arguments in a Letter of Claim. This tells whoever is responsible for your injuries – or their insurer – how much compensation they owe you and why. It also gives them a set time to respond. If you decide to have the support of a solicitor, they will handle this step and further steps in the claims process for you.
You will need to prove any claims you make in this letter. This requires evidence.
What Evidence Do I Need?
Achilles tendon injury claims are most likely to succeed if you can link your injuries to the actions of the third party responsible. For example:
- Medical evidence to confirm how your injuries happened.
- CCTV footage to show the incident itself.
- Photos or journals to account for your recovery.
- Contact details so that a legal professional can take witness statements.
- Receipts and invoices to verify out-of-pocket expenses.
How Long It Could Take To See A Payout?
Every claim is different. Some start and finish within six months. Others may take twelve or more.
Our solicitors will always run your claim with the intention of being diligent and seeking the maximum compensation. However, there are various factors that need to be considered when estimating how long it will take to settle your claim, including:
- Complexity.
- Evidence strength.
- Whether the defending party accepts or denies liability.
- Negotiations.
- The nature of the injuries you suffered.
Additionally, please also note that there is a limitation period. Under the Limitation Act 1980, you must start a claim within three years of an injury. There are exceptions our advisors can discuss with you, especially where children and vulnerable adults are concerned. Their details are at the top of this page.
Finding The Right Solicitor
You should consider several details when choosing the right solicitor for you:
- Where are they based?
- Which areas of law do they practice?
- How much will they charge?
That is unless we connect you to one of our expert personal injury solicitors. They have a proven track record of helping clients across the UK settle Achilles tendon injury claims for the maximum compensation for the claimant’s circumstances, and they can do the same for you on a No Win No Fee basis.
When you work with one of our solicitors, you can be sure that you have decades of experience behind you:
- Driving your claim forward with the latest legal developments.
- Gathering the strongest evidence possible.
- Negotiating in your best interests.
- Guiding you through every step of the claim process.
If your Achilles tendon injury claim doesn’t succeed, you won’t pay for your solicitor’s services either. By signing a Conditional Fee Agreement (CFA) with one of our solicitors, you agree to pay a small percentage of any compensation if you receive it. This percentage is agreed before you sign anything and is capped by law.
In return, they agree not to charge for their services if your claim is unsuccessful. You will pay nothing upfront or during the claims process for your solicitor’s work.
You have nothing to lose in discussing your claim with our advisors today. All initial consultations are free and completely without obligation. Get in touch:
- Call on 0800 073 8804.
- Use our online claim form.
- Use the Live Chat feature below.
Get More Information
We have gathered some more information to help you keep learning about this subject.
Here are some more guides from Legal Expert:
- Our guide to knee injury claims.
- How to claim when an Achilles tendon injury leads to a foot amputation.
- What happens if an employee did not report an injury?
Here are some useful resources from around the Web:
- Achilles tendinopathy advice from the Newcastle upon Tyne Hospitals NHS Foundation Trust.
- How to help someone with an ankle strain or sprain – guidance from the Red Cross.
- Statutory Sick Pay – your rights if you have to take time off work with illness or injury.
Thank you for reading our guide on Achilles tendon injury claims.
