No Win, No FeeA ruptured Achilles tendon can be an extremely painful injury. As well as reducing your ability to work, an Achilles tendon rupture can stop you from driving, playing sports and enjoying time with your family. As such, if you’ve ruptured your Achilles tendon in an accident caused by another party’s negligence, you may be entitled to claim compensation. This article on Achilles tendon rupture compensation claims will review the types of accidents that could mean you’re entitled to compensation and how the claims process works.
We’re here to help with any questions you might have. We offer an initial free consultation where a specialist will review your claim with you and explain your legal options. If the chances that you’ll be compensated are strong enough, we’ll consult with a personal injury lawyer from our panel. They’ll represent you on a No Wi,n No Fee basis if they agree to help meaning legal fees only become payable if you are compensated.
For more information on claiming compensation for a ruptured Achilles tendon, please read on or call us on 0800 652 1345 to speak to a specialist right away.
What is an Achilles tendon rupture?
You might be wondering what’s the difference between an Achilles tendon rupture and a tear as they are often used interchangeably. However, there is a subtle difference in their meanings when referring to Achilles tendon injuries. Basically, a tear is a partial disruption or damage to the tendon fibres, while a rupture is a complete or near-complete separation of the tendon. Tears can vary in severity, while a rupture indicates a significant and complete break in the tendon.
The symptoms of a ruptured Achilles tendon include:
- Feeling as if someone has kicked you in the calf.
- A snapping or popping noise at the time the Achilles tendon was torn.
- Severe pain levels.
- Swelling near the heel.
- Inability to bear weight or stand on your toes.
Treating a ruptured Achilles tendon can involve wearing a specialised boot to keep your leg as straight as possible to allow the tendon to heal naturally. The boot can be awkward and cumbersome but should allow you to function relatively normally. However, this type of treatment can result in decreased strength in your heel and there could be a risk of blood clots or re-rupturing the Achilles tendon.
Surgery to fix a torn Achilles tendon is less common but is a possibility for elite athletes or those with a delayed presentation or re-ruptured Achilles tendon.
How does an Achilles tendon rupture happen?
An Achilles tendon rupture typically occurs during activities that involve a sudden, forceful push-off or a quick, explosive movement of the foot and ankle. Some common causes of Achilles tendon ruptures include:
- Sudden and forceful contraction – A rapid, forceful contraction of the calf muscles can put excessive stress on the Achilles tendon, leading to a rupture. This can happen during activities like jumping, sprinting, or abruptly changing direction.
- Overuse and degeneration – Over time, repetitive stress and degenerative changes can weaken the Achilles tendon, making it more susceptible to rupture. This is more common in individuals who engage in sports involving running and jumping, such as football, tennis, basketball, rugby etc.
- Age and reduced tendon elasticity – As people age, the Achilles tendon may lose some of its elasticity and become more prone to injury. Tendon degeneration and the natural ageing process can increase the risk of a rupture, particularly in individuals over the age of 30.
- Sudden traumatic event – A direct blow or trauma to the back of the leg, such as a pedestrian hit by a car or a window cleaner who fell off a ladder, can also cause ruptures to the Achilles tendon.
Certain factors can increase the risk of an Achilles tendon rupture, such as having a history of tendon problems, previous tendon injuries, poor conditioning or flexibility, improper footwear, and certain medical conditions (e.g., tendinopathy, steroid use, certain antibiotics).
Can I claim compensation for a ruptured Achilles tendon?
To determine if you can claim compensation for an Achilles tendon rupture, several questions need to be considered by a solicitor, including:
- Did the defendant in the case owe you a duty of care?
- Were you involved in an accident or incident as a result of the defendant’s negligence?
- Was your Achilles tendon ruptured during the accident or as a direct consequence of it?
If you’re able to answer yes to the above questions, you could have grounds to claim. Of course, proving that you’ve suffered a ruptured Achilles through someone else’s negligence can be tricky. As such, we’ll explain the types of proof that could help you to do so shortly.
Common causes of Achilles tendon rupture compensation claims
We won’t list every type of accident here that could result in compensation for a ruptured Achilles tendon but some of the most common include:
- Slips, trips and falls where you land badly and the Achilles tendon is stretched so violently that it snaps. These types of incidents can happen because of spillages, leaks, recently cleaned floors, potholes, pavements and other slip and trip hazards.
- Accidents at work such as falling from height and landing on a hard surface. Claims might be possible if your employer failed to provide protective equipment (like a safety harness) or you’d not been trained on how to work at height safely.
- Road traffic accidents where your foot is trapped and twisted suddenly. Any road user could claim for Achilles tendon rupture compensation if the accident was someone else’s fault including cyclists, drivers, pedestrians and motorcycle riders.
- Sporting incidents where the rupture resulted from poor coaching, damaged equipment or damage to the playing surface.
Even if we’ve not described your accident here, please call our team if you’d like to know more about your chances of receiving a compensation payout.
How much compensation do you get for a ruptured Achilles tendon?
You probably won’t be surprised to know that the value of each Achilles tendon rupture compensation claim will generally be determined by how bad the rupture is, the amount of suffering it’s caused and how the claimant could be affected in the future. So that your solicitor can assess these points, you’ll need an independent medical assessment during the claims process. This is usually held locally and involves an examination and discussion about the impact of your ruptured Achilles.
On top of the physical impact of a ruptured Achilles tendon, you could receive compensation for:
- Psychological suffering (depression, distress etc).
- Lost income (present and future).
- Mobility aids.
- Medical costs including private surgery or physiotherapy.
- Loss of enjoyment of activities affected by your Achilles rupture.
- The cost of a carer or the time a relative or friend spent caring for you.
- Travel costs.
- Installing ramps, rails or other devices in your home to help you cope with any permanent symptoms.
Your solicitor will want to ensure that all of your suffering is considered before filing your claim. For this reason, they’ll spend quite a bit of time discussing how your ruptured Achilles has affected you before contacting the defendant to request compensation.
Providing proof for Achilles tendon rupture compensation claims
There’s no doubt that having solid proof that shows how your accident occurred and who was to blame will improve your chances of being compensated. Without evidence, any insurer will probably turn your claim away and refuse to compensate you. For this reason, if your claim goes ahead, your solicitor will look for the necessary proof which could include:
- Video recordings. CCTV, dashcam and mobile phone recordings are one of the easiest ways to understand how an accident occurred. If your incident was recorded, you should ask the owner of the footage for a copy as quickly as possible.
- Medical proof. It is important to prove the extent of your Achilles tendon rupture. So, MRI scans, medical records or X-rays may all be requested by your solicitor to get a better understanding of your injury.
- Photographic proof. Proving the cause of your accident can be achieved by photographic proof. So, if you’re able to do so safely, you should take photographs of the accident scene from various angles. If possible, try to do this before anything is removed or repaired.
- Accident report forms. Most businesses, organisations and authorities are legally required to keep records of accidents on their property. A report about your incident could be used to confirm where and when your Achilles tendon was ruptured.
- Witness statements. It’s a good idea to collect contact information for anyone who saw your accident occur. Witness statements could make it easier to clarify what happened if liability for your ruptured Achilles is denied.
You may be entitled to financial compensation for any expenses linked to your Achilles tendon rupture so it’s useful to supply wage slips, bank statements and other records as further proof to support your claim too.
Is there a time limit for lodging a compensation claim?
The legal time limit for personal injury compensation claims in the UK is 3-years. As such, it’s important to begin your claim within 3 years of the accident that ruptured your Achilles tendon or your date of knowledge (the date your doctor confirmed your diagnosis).
If your child has suffered a ruptured Achilles tendon, the 3-year time limit won’t begin until their 18th birthday (so they must claim before they’re 21). However, you can take action on their behalf at any time before then.
How do I claim on behalf of a child with a ruptured Achilles tendon?
If your child has suffered a ruptured Achilles caused by someone else’s negligence, you would need to apply to be your child’s litigation friend if they’re to be compensated. This process is quite straightforward and something our solicitors can help with.
Once approved, you’ll be able to manage the claim on your child’s behalf and work with one of our solicitors in the normal way.
Any compensation awarded will be placed into a court trust fund until your child’s 18th birthday. Before then, you’ll be able to ask for money from the account as and when it’s needed by your child.
No Win, No Fee claims
All of the solicitors we have on our panel work on a No Win, No Fee basis for all accepted personal injury claims.
Should your Achilles tendon rupture compensation claim be taken on, you’ll be sent a formal contract called a Conditional Fee Agreement (CFA). This will set out that:
- Your solicitor will work on your case without being paid upfront legal fees.
- If your solicitor loses your claim, you don’t have to pay anything.
- If the claim is won, a success fee will be deducted from your compensation.
Once a signed CFA is received, work on your claim will commence. Your solicitor will:
- Let the defendant know that you’re planning to claim.
- Collect proof and medical records to support your allegations.
- Liaise with the defendant or their insurers so you won’t need to speak to them.
- Contact you with regular updates.
- Try to counter any arguments raised by the defendant’s insurers.
In all cases, your solicitor will advise you of their thoughts on the fairness of any compensation offer received before it is accepted.
To see whether one of our No Win, No Fee solicitors could help you to claim compensation for a ruptured Achilles tendon, please call today.
Start an Achilles tendon rupture compensation claim today
The simplest way to see if you could be entitled to compensation for a ruptured Achilles tendon is to call 0800 652 1345. After we’ve assessed your claim, you’re free to decide what you’d like to do next.
If you decide to pursue a claim, a personal injury solicitor on our panel will discuss your claim in more detail. If they agree to take you on as a client, they’ll work on a No Win, No Fee basis to minimise your financial risks during the claims process.
Please use live chat to connect with us if you have any further questions on Achilles tendon rupture compensation claims, or arrange your free consultation here.
