A broken ankle sounds straightforward, but the reality is that ankle fractures are among the most undervalued injuries in personal injury law. Insurance companies treat them as simple fractures that heal in six to eight weeks. The medical data tells a very different story.
Ankle fractures frequently require surgical fixation with plates, screws, and sometimes external fixators. A simple fracture that heals with a cast is one thing. A bimalleolar or trimalleolar fracture that requires open reduction internal fixation surgery is a completely different case with a completely different value. The surgery itself, the hardware, the follow-up imaging, and the possibility of a second surgery to remove hardware all add to the medical expenses.
The recovery timeline for surgical ankle fractures is far longer than the insurance company acknowledges. Non-weight-bearing for six to eight weeks. Then protected weight-bearing with a boot. Then physical therapy for three to six months. Return to full activity can take nine to twelve months, and many patients never return to their pre-injury level of function. That prolonged recovery means extended lost wages, which the insurance company would prefer not to pay.
Long-term complications from ankle fractures are common and well-documented. Post-traumatic arthritis develops in a significant percentage of ankle fracture patients, sometimes appearing years after the initial injury. Chronic pain, stiffness, and reduced range of motion are frequent long-term complaints. In severe cases, the arthritis progresses to the point where an ankle fusion or ankle replacement surgery is needed five, ten, or fifteen years down the road. If your settlement does not account for the likelihood of future treatment, you are being shortchanged.
The impact on your daily life goes beyond the medical bills. An ankle that does not work properly affects everything. Walking, standing, climbing stairs, exercising, playing with your kids, doing your job. Illinois law compensates you for the loss of a normal life, and a permanently impaired ankle qualifies. This is a subjective damage category that the insurance company's software undervalues and that juries take seriously.
If you broke your ankle in an accident and the insurance company is offering you a number that does not feel right, it probably is not right. Call me at 312-500-4500 and I will tell you what the case is actually worth.
Find Out What YOUR Case Might Be Worth...for free.
My client, whom, for confidentiality reasons, we will call “WR”, fell and broke her ankle. She was referred to my office by a woman who spoke with me about a case years before but who did not hire me (all of my clients refer me to their families and friends, and I appreciate it!).
She broke her ankle and chipped a tooth on a private sidewalk, so naturally, she was interested in learning her broken ankle settlement value. Most lawyers would tell you: tough case. Fall down cases can be tough. And it was a tough case. I hired an architect and structural engineer to write a report outlining the problems with the sidewalk and the overhang.
Before we filed a lawsuit, only one of the three Defendants would even return my call. The other two would not acknowledge the claim in any way.
This is common in slip and fall cases or cases involving a fall on stairs. It is common for property owners and property managers not to respond. They do not want to encourage you, and sometimes, inexperienced lawyers will give up. That's why working with an experienced lawyer really helps.
Broken ankle settlements in Illinois range widely depending on the severity of the fracture, whether surgery was required, the recovery timeline, any permanent limitations, and your lost wages. A stable fracture requiring only casting and physical therapy is worth far less than a complex fracture requiring open reduction internal fixation (ORIF) surgery with permanent hardware and ongoing limitations. I evaluate the specific medical facts of your ankle injury to give you a realistic range - not a formula answer.
Significantly. A surgical fracture with hardware implantation means higher medical bills, longer recovery, greater pain and suffering, and often permanent limitations - all of which increase the case value. Future medical considerations like hardware removal, arthritis development, and ongoing physical therapy are also compensable. The difference in case value between a non-surgical ankle fracture and a surgical one with permanent hardware is substantial.
Permanent impairment dramatically increases case value. Post-traumatic arthritis is common after ankle fractures and can cause lifelong pain and limitation. Nerve damage from the fracture or surgery can cause chronic pain or sensory loss. Restrictions on standing, walking, running, and other physical activities affect both quality of life and, for some workers, earning capacity. I work with orthopedic experts to document permanent impairment fully - not just current symptoms but projected future course.
It depends on your recovery trajectory. I don't recommend settling until you've reached maximum medical improvement - typically six months to a year or more for complex fractures - because you need to know the full extent of permanent limitation before valuing the case. Cases where MMI is reached quickly with full recovery can settle sooner. Surgical cases with ongoing issues take longer. Call me at 312-500-4500 and I'll tell you honestly where your case stands and what realistic timing looks like.
Medical records and imaging - x-rays, CT scans, and MRIs that show the fracture pattern and the surgical hardware. Operative reports if you had ORIF surgery. All bills from the ER, surgery, hospitalization, follow-up visits, physical therapy, and durable medical equipment (boot, crutches, knee scooter). Documentation of work missed and wages lost. Photographs of the injury, surgical site, and any external fixator hardware. Statements from your doctors about permanent restrictions and the likelihood of future treatment. A strong damages file is what moves a broken ankle case from a lowball offer to a fair number.
They will try. Insurers routinely argue that prior ankle problems, osteoporosis, arthritis, or general 'wear and tear' explain part of the injury and reduce what they should pay. Illinois law follows the eggshell-plaintiff rule: a defendant takes the plaintiff as they find them. If you had a preexisting condition that made you more vulnerable to fracture, that does not reduce the defendant's responsibility for causing the injury. Handling preexisting condition arguments is a routine part of these cases and not something to be afraid of.
Illinois follows modified comparative fault under 735 ILCS 5/2-1116. If you are 50 percent or less at fault for the fall, you can still recover - but your damages are reduced by your percentage of fault. If you are 51 percent or more at fault, you recover nothing. Property owners and their insurers routinely argue that the fall victim should have been watching where they were walking, was wearing inappropriate shoes, or otherwise contributed to the fall. Pushing back on inflated comparative fault arguments is a major part of slip and fall case strategy - and one of the reasons having an experienced attorney matters.
Two years from the date of the injury under 735 ILCS 5/13-202. Miss that deadline and the case is over no matter how badly you were hurt. Claims against governmental entities (city, county, state, transit authority) have shorter notice deadlines - sometimes as short as one year under the Illinois Tort Immunity Act - so do not wait. Call me at 312-500-4500 as soon as possible after the injury so we can preserve evidence, identify the right defendants, and protect every available deadline.
If you’ve suffered a broken ankle or any other injury due to a slip and fall, you deserve to know your legal options. At The Law Office of Scott DeSalvo, we fight to get our clients the maximum settlement possible.
Whether you’re dealing with a complex slip and fall case or another personal injury, our dedicated team is here to help.
Contact us today for a free, no-obligation consultation and take the first step toward getting the compensation you deserve.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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