Someone’s negligence may cause your ankle injury in Florida or on a cruise. If so, you may want to know if you have a personal injury case.
This article talks about ankle injuries from slip, trip and falls in Florida and on cruises. I wrote a separate article on ankle injury claims in car, truck and motorcycle accidents in Florida.
Unless I say otherwise, this article assumes that someone’s negligence caused your ankle injury.
Sprained Ankle Not Worth As Much as Ankle Fracture or Tear
All things equal, a sprained ankle is not worth as much as an ankle fractures (broken ankle).
Ankle Fracture Case Worth More than Ankle Tear
Jury verdicts are higher for the full value of the pain and suffering of an ankle fracture than an ankle tear.
How Much is Pain & Suffering Worth for a Ligament or Tendon Tear in the Ankle?
Past Florida jury verdicts for the pain and suffering component are usually under $15,000 for tear of a tendon or ligament in your ankle without surgery. It depends on how it heals and the resultant disability.
How Much is Pain & Suffering Worth for a Ligament or Tendon Tear in the Ankle with Surgery?
With surgery, the range is $40,000 to $75,000 but could be more if it doesn’t heal well.
How Much is Pain & Suffering Worth for an Ankle Fracture Without Surgery?
Past Florida jury verdicts for the pain and suffering component are typically between $15,000 to $25,000 for an ankle fracture without surgery. It depends on how it heals and the resultant disability.
With surgery, the range is $40,000 to $75,000 but could be more if it doesn’t heal well.
No Guarantee that You Will Get Paid a Penny
There is no guarantee that you will get a penny for your case because there are many factors that affect the value of a case. There is a chance that you won’t be able to prove that the property owner was negligent, or that they caused your ankle injury.
Man Gets $64,900 for Ankle Injury from Trip and Fall on Grassy Hole
See a case where a man got a $64,900 settlement for tripping and falling in a hole that was covered by grass overgrowth in Doral, Miami-Dade, Florida.
He Already Had an Injured Ankle Before the Fall
Before the fall, he was getting treatment for his current ankle injury. His ankle was slowly getting better.
He Had Surgery to Fix His Ligament and Tendon (in his Ankle)
He had surgery to repair an unstable ankle ligament and peroneal tendon tear after he tripped and fell in a hole that was covered with grass overgrowth in a condominium complex.
The peroneal tendon can be seen in the image below.
He Got $58,000 for Pain and Suffering
About $58,000 of the $64,900 settlement was for pain and suffering. I represented the injured man.
Customer Hit By Stanley Steamer Vacuum Gets $25,000 for Ankle Tear
Passenger Gets $25,000 for Ankle Fracture Slip and Fall on Wet Steps
A passenger was walking down steps on a cruise ship. She didn’t know that water was on them.
On her return, while walking back up the steps, she slipped and fell. She fractured her ankle.
She treated for about 1 year. She healed well and didn’t need surgery.
We claimed that the cruise line caused the water to get onto the floor. We settled the case for $25,000.
$45,000 Verdict for Pain & Suffering from Surgery When Gate Falls on Man’s Ankle
This isn’t my case.
Man Helps Security Guard Move a Gate
A security guard asked him to move a 300 pound gate in Fort Lauderdale, Florida. While moving the gate, it landed on the his foot and he fell to the ground.
Doctors Diagnosed Him With Acute & Chronic Inflammation
A jury awarded a man $45,000 for pain and suffering damages for his acute and chronic synovitis (inflammation) to the ankle.
He Waited 4 Months to Get Treatment
The man waited 4 months to get medical treatment following the incident.
He Had Surgery 1 Year After Accident
This resulted in arthroscopy (surgery), 1 year later.
Claimant 15% at Fault; Verdict Reduced by 15%
The claimant was found 15% at fault. He was 48 years old. He waited 4 months to get medical treatment.
The pain and suffering award was broken down to:
- $30,000 for past pain and suffering
- $15,000 for future pain and suffering.
The case went to trial in Broward County. The verdict was in 2002 and the accident happened in 1999.
The case is Lloyd Scott vs. Broward Partnership for the Homeless.
Good Verdict Because He Waited 4 Months to Get Treatment
This is a good verdict for him because he waited 4 months to get medical treatment following the incident.
Gaps in Treatment Usually Lower Case Value
The settlement value of your case usually decreases the longer you wait to get medical treatment.
The claims adjuster will argue that the accident or incident did not cause your ankle tear because if it did, you would have got immediate medical care.
Since the plaintiff was 48 years old at the time of the accident, he had a life expectancy of 31 more years. You can find someone’s life expectancy by going to this chart.
Awarded $10,000/Year for Past Pain and Suffering
He was awarded $10,000 per year for past pain and suffering. I arrived at this amount because it took 3 years for this case to get trial.
Awarded $500/Year for Future Pain and Suffering; 48 Years Old
He was awarded about $500 per year ($1.37 per day) per future pain and suffering.
Man Wins $20,000 for Pain and Suffering for Ankle Muscle Tear from Fall
This isn’t my case. A man won $20,000 for pain and suffering for a tear of the peroneus longus muscle in a man’s right ankle.
He Tripped and Fell on Open Water Meter Box
He claimed that he tripped and fell on an open water meter box. The lawsuit was against the City of Ormond Beach, located in Volusia County, Florida.
He did not sue for medical bills or lost wages.
Jury Says He Was 10% at Fault; Verdict Reduced by 10%
The jury found the city liable for the incident but found the man 10% fault. The verdict is then reduced by 10%, which is percentage of fault.
After Applying Fault, He Gets $18,000
He could recover $18,000 by using the following formula:
Recovery = Total Verdict x (100% – % of comparative fault)
Since the jury found the man 10% at fault, we substitute “x” with “10%” which is:
Recoverable Award = $20,000 x (100% – 10% comparative fault)
Recoverable Award = $20,000 x (.9)
Recoverable Award = $18,000
Pain and Suffering is Just 1 Component in a Case
The full value of the pain and suffering component is just one component of the case. This value is added to the economic damages (out of pocket medical bills and lost wages) to arrive at the full value of the case.
The full value of the case is then adjusted by any, or all, of the 76 factors that may affect the settlement value of a Florida injury case.
You then arrive at the fair settlement range for an ankle injury caused by someone’s carelessness an accident in Florida, or on a boat or cruise.
Did someone’s carelessness cause your ankle injury in slip, trip and fall or other accident in Florida, or on a cruise or boat?
See Our Settlements
Check out some of the many Florida injury cases that we have settled, including but not limited to store or supermarket accidents, cruise ship accidents, dog bites and much more.
Call Us Now!
Call us now at (888) 594-3577 to find out for FREE if we can represent you if you were hurt in Florida or on a cruise or boat. We answer calls 24 hours a day, 7 days a week, 365 days a year.
No Fees or Costs if We Don’t Get You Money
We speak Spanish. We invite you to learn more about us.
Editor’s Note: This post has been completely revamped and updated.
Just trying to get an idea of where I stand. I fell on a set of stairs in an Apartment complex in Northern FL. I live in SWFL. No apparent/visable cause for my fall. It happened so quick, I do not have a clue as to why I fell. Claim manager for Insurance Company is keeping close contact with me regarding my progress. I broke my ankle in 3 places, dislocated it, had to have ORIF surgery, staph infection six weeks post-op (requiring outpatient Vancomycin IV for a week), probably going to need hardware removal within next few months, still have a limp 5.5 months after. Just wondering what neighborhood I should be in if any “Settlement” amount is offered.
Dear person who slipped and fell on a stairs,
Thank you for your comment! Disclaimer: I am not your attorney. There is a time limit to file a lawsuit.
It sounds to me like you sustained a trimalleolar fracture, which can be a devastating injury. In order to calculate whether any “settlement” amount is offered, I would need to know whether you gave a recorded statement to the claims adjuster.
If you gave a recorded statement whereupon you stated that you “have no clue why you fell” and there was no “apparent/visible cause for [your] fall”, then I will not be surprised if they deny liability and offer nothing under the personal injury coverage part of their insurance policy.
My answer is the same if you gave a non-recorded statement to the claims adjuster and said the same things as you said above. However, if you file a lawsuit and all they have is your unrecorded statement stating – what you said above – than they may pay nuisance value to make you go away assuming there is nothing wrong with the staircase.
This is because in Florida, in a slip and fall case like yours in order to get money for damages you must prove that the apartment complex, management Company or whoever else was negligent and their negligence caused your injury.
If the apartment complex, property management company, etc. has medical payments coverage under their policy, that will pay for your medical bills up to a certain amount regardless of fault.
If I were you, assuming that it is legal, I would immediately take pictures of the staircase. Often times, the improper paint was used, there were no slip resistant strips, or the risers were in disproportionate heights, or the handrail was not to code. An engineer expert is usually needed to examine the steps.
You should request in writing that any video is preserved and that the steps are not altered destroyed or modified in any way.
You should NOT be speaking with the insurance company unless you have handled many of these cases.
I had a $195,000 settlement (gross) – as co-counsel – years ago for a client who fell down the stairs at an apartment complex. It is possible that you would look at a picture of the stairs that he fell on and say that there was no “apparent/visible cause for the fall” and perhaps my client had no clue why he fell when he did.
If there were something wrong with the stairs, it would help in my evaluation to know the amount of your out of pocket medical bills as well as whether there are any health insurance liens that may need to be repaid. There may also be other liens. It may also benefit you to have an attorney if you have health insurance, Medicare or Medicaid as they may allow for a reduction of their lien by attorney’s fees and costs.
You should be sending your medical bills and records to the claims adjuster immediately, as well as any MRI, x-ray or CT scan of your ankle.
Hopefully you did not give a statement to the claims adjuster stating that there was nothing wrong, etc.
As I said in the above article, I have seen trimalleolar ankle fracture verdicts for over $1 million dollars.
There is no correlation between a claims adjuster keeping “close contact with you” and paying to settle your case. I have had a very friendly claims adjuster give me a final offer of $20,000 before I filed a lawsuit. After I filed a lawsuit and litigated the case, we settled for $210,000.
Feel free to call me at 888-594-3577 for a free consultation anytime if you want to hire an attorney. We handle cases in Southwest Florida and throughout the entire state of Florida. There are no attorney fees or costs unless we recover money.
My husband fell at work and injured his ankle in October 19 2011. He has been collecting workmans comp. He has had 2 surgeries already and he is up for another surgery. The 2nd surgery they put in 4 screws and fused bones together. The next surgery will be in 6 months and that may be to fuse all his ankle bones and foot bones together. What can we expect if we were to do a settlement or a lawsuit?
Dear Lady whose husband had 2 ankle surgeries from work accident,
Thank you for your comment! Disclaimer: I am not your husband’s attorney. There is a time limit to file a lawsuit.
I am sorry to hear that your husband was hurt badly. I can imagine that this has been a very stressful time for you. I am only licensed to practice law in Florida, so my response only applies to an accident that occurred in Florida.
You mentioned that your husband was injured at work. I wrote an article that talks about the workers’ rights if you are injured on the job in Florida. I cannot tell you how much his case may be worth, in part, because he still has another major surgery scheduled.
Also, if anyone’s – other than your husband’s employer – negligence (failure to use reasonable care) caused this accident, then your husband may have a personal injury claim against them. If you think that anyone else was negligent, please give me a detailed description of the accident, and I can give you some of my thoughts.
You may also have a personal injury case against his employer under the unrelated works doctrine.
I wish your husband a speedy recovery. I suggest that your husband hire an attorney immediately.
If this accident happened in Florida and your husband wants to hire a lawyer, feel free to call me at 888-594-3577. We work on these cases throughout the entire state of Florida with another law firm. There are no attorney fees or costs unless we recover money.