Ankle Fracture Settlement Amounts

What kind of success are other lawyers having in fracture ankle cases? Apparently, they are having very little success. The median settlement values for ankle fracture injuries are:

These are 21 factors that drive the trial and settlement value of your ankle fracture case:

1. Surgery
2. Surgery with internal fixation (hardware)
3. Open reduction surgery
4. Complex fracture
5. Displace bone
6. Continued ankle swelling (synovitis)
7. Synovitis with chondral changes
8. Signs of arthritic changes
9. Arthrofibrosis
10. Chondral injuries
11. Loose bodies
12. Nerve Damage
13. An ankle replacement
14. Walking with a limp
15. Non-weight bearing ankle
16. High past and future medical bills
17. Permanent ligament or tendon damage
18. A crush injury
19. Ankle ligament damage
20. Permanent instability
21. Amputation

Below is another path to look at the settlement value of ankle injury cases: sample verdicts and settlements. I think these are helpful.

But please remember that no two cases are alike and you cannot figure out the value of your case just by comparing your case with a similar case. No two cases are the same and someone’s verdict is just a poor predictor of what the outcome in your case will be. Certainly, along with other tools, it sheds light on the settlement value of your case. No question. But you just cannot put too much into it.

Also, remember these are not workers’ compensation cases but third-party ankle injury cases.  The average payout for a workers’ comp ankle injury claim will be less.

Factors That Impact Settlement Value in Ankle Injury Cases

The value of an ankle injury settlement hinges on multiple factors, each playing a crucial role in determining fair compensation. It is essential to understand these elements so that plaintiffs can advocate for the settlement they truly deserve. Let’s break down the most significant factors:

1. Age of the Plaintiff

Age matters—significantly. Younger plaintiffs typically receive higher settlements because their injuries impact their lives for a longer period. A 25-year-old with a permanent limp will face decades of physical, emotional, and financial challenges, while the same injury for a retiree may not carry the same economic or functional burden. This disparity doesn’t diminish the older plaintiff’s pain but underscores how life expectancy and future earnings potential weigh heavily in settlement calculations.

2. Pre-Existing Conditions

Insurance companies love to exploit pre-existing conditions to diminish settlement values, but this tactic is often unfair and misleading. If an accident worsens a pre-existing condition, the defendant is still responsible for the aggravated injury. Yes, this can be hard to prove but it can be done in most cases.  A pre-existing ankle injury may make the plaintiff more vulnerable to severe fractures or arthritis, increasing their long-term suffering and the cost of care. Plaintiffs’ lawyers must push back against the defense’s attempts to downplay the defendant’s liability in these cases.

3. Comparative Negligence

If the plaintiff bears any responsibility for the accident—such as slipping on an icy surface or misstepping in a poorly maintained area—this will kill your case in Maryland.  In a contributory negligence state like ours, even a small degree of fault could bar recovery entirely. This is where having the best attorney possible really makes a difference.  Good lawyers can challenge these claims and ensure the plaintiff’s compensation is not unfairly reduced by baseless accusations of fault.

4. Cost of Future Care

Ankle injuries often involve substantial long-term medical expenses. Surgeries, physical therapy, pain management, and even ankle replacements can cost tens of thousands of dollars or more. The settlement value must reflect not only current medical bills but also future expenses, such as additional surgeries or adaptive equipment, that the plaintiff will likely need.

5. Injury Characteristics That Drive Higher Settlements

Some injuries demand higher compensation because of their severity and impact on daily life. These include:

• Displaced Fractures: These fractures, where bones are out of alignment, often require open reduction and internal fixation surgeries, leading to higher settlements due to the invasiveness and recovery time.
• Nerve Damage: Loss of sensation or motor function in the foot or ankle can permanently impair mobility and cause chronic pain, which must be fully accounted for in the settlement.
• Permanent Instability or Instability Requiring Hardware: If the ankle cannot bear weight or requires hardware like screws, plates, or rods to stabilize, the injury’s impact is lasting and life-altering, warranting a significant settlement.
• Crush Injuries: Severe cases involving crush injuries often lead to complications like compartment syndrome or amputation, resulting in some of the highest settlements.

The settlement payout for an ankle injury case should reflect the full scope of the plaintiff’s losses—physical, emotional, and financial.

Defense strategies often aim to devalue injuries by focusing on superficial recoveries or pre-existing conditions, but these arguments should not overshadow the real and permanent harm caused by the injury. Plaintiffs must work with experienced lawyers who understand these factors and can maximize the compensation deserved, ensuring the outcome truly reflects the plaintiff’s suffering and future needs. Settling for less is not an option when the stakes are this high.

Ankle Injury Verdicts and Settlements

Below are summaries of reported settlements and verdicts from actual tort cases in which the plaintiff’s primary claim was an ankle injury.

2024 – Washington $37,296 Verdict: In this classic slip and fall premises liability case, the plaintiff was grocery shopping at the defendant’s grocery store. She was walking down an aisle towards the cashier when she slipped in a puddle of liquid and fell. There were no caution signs. The plaintiff’s primary injury was a high ankle sprain which allegedly left her hobbled and unable to work for a time. This case gives a good idea of the value of an ankle sprain injury in an accident case.

2024 – Pennsylvania $6,000 Settlement: The plaintiff, a minor, was seated at a table located outside a restaurant with his mother when a vehicle operated by the defendant  reversed from the adjacent parking lot, traveled quickly backwards, jumped the curb and crashed into the restaurant. The plaintiff suffered right foot and ankle sprains only.

2024 – New York $15,000 Settlement: The plaintiff, 14-years-old, reportedly was riding his bicycle on a roadway when he was struck by a motor vehicle driven by the defendant as she proceeded behind him. The plaintiff allegedly suffered injuries that included a right first toe fracture and a left ankle sprain. The parties agreed to a settlement and sought court approval of the settlement.

2023 – Illinois $150,000 – Verdict: The plaintiff reportedly tripped and fell while climbing/ascending a steep exterior stairway that was cut into the side of a hill, leading up from a stone patio on residential property owned by the defendants. The plaintiff suffered a compound fracture of her left ankle.

2023 – New Jersey $25,000 – Settlement: The plaintiff allegedly slipped and fell while getting off a bus owned by the defendant because of water on the bus steps. The plaintiff allegedly suffered an osteochondral fracture of the lateral talar dome of her left ankle,along with injury to her neck. The case was eventually settled.

2022 – Washington $2,600,000 – Verdict: plaintiff, 91-year-old female, was walking down a sidewalk when a four-foot high plywood construction barrier fell on her foot and ankle. She suffered a fracture ankle which required fusion surgery. Jury awarded $2.6 million which included $636,000 for medical expenses.

2022 – Oregon $133,000 – Verdict: plaintiff, 48-year-old female social worker, suffered trimalleolar ankle fracture requiring surgery with hardware when she slipped and fell on ice in the parking lot of a mall. She sued the mall alleging that is was negligent in failing to remove the icy condition in the parking lot.

2021 – Louisiana $50,000 – Bench Verdict: A 58-year-old man walked with his bike. He was struck by a truck that ran over his ankle. The man suffered an ankle fracture. Two months later, he underwent an ankle repair that included the placement of screws. The man alleged negligence against the truck driver. He claimed he negligently drove against traffic. Following a bench trial, the jury awarded the man a $50,000 verdict.

2021 – Missouri $615,000 – Settlement: A woman tripped on concrete rebar in her apartment’s parking lot. She suffered a right ankle fracture. The woman underwent ankle surgery. She developed complex regional pain syndrome. The woman alleged negligence against the apartment owners. She claimed they failed to inspect for dangerous conditions and properly maintain the premises. This case settled for $615,000.

2021 – New York – $925,000 – Settlement: A man tripped on a sidewalk. He sustained a dislocated ankle fracture. Nine days later, the man underwent an open reduction internal fixation procedure. He subsequently underwent physical therapy for 12 months. The man now used a cane for prolonged walking. He alleged negligence against the City of New York. The man claimed it failed to maintain safe premises and address the defective sidewalk. This case settled for $925,000.

2021 – Connecticut – $1,325,000 – Settlement: A 61-year-old man casino patron walked along a concourse. He slipped and fell. The man fractured his left ankle and tore his right meniscus. He also suffered the aggravation of his pre-existing lumbar, thoracic, and left ankle injuries. The man underwent an open reduction internal fixation procedure. He also underwent physical therapy. The man experienced residual pain. He also found it difficult to walk and stand for extended periods. The man could no longer work as a dentist. He alleged negligence against the casino. He claimed it failed to clean up a liquid substance and warn patrons of the dangerous condition. This case settled for $1,325,000.

2021 – Virginia – $437,500 – Settlement: An 18-year-old passenger was ejected from a vehicle that struck an embankment. He suffered right ankle and thoracic fractures. The man alleged negligence against his driver. He claimed he excessively sped and failed to control his vehicle. This case settled for $437,500.

2021 – Missouri – $775,000 – Settlement: A woman was sideswiped. She suffered ankle, wrist, and rib fractures and head, elbow, and knee lacerations. The woman alleged negligence against the at-fault driver. She claimed he made a negligently left turn and failed to maintain an appropriate lookout. This case settled for $775,000.

2020 – Missouri – $225,000 – Settlement: A woman broke her ankle after slipping and falling on an icy patch in a department store’s parking lot. A sub-contractor plowed around the parking lot but piled snow around the front of the store. The temperatures were chilly enough for icy patches to appear. Doctors performed open reduction and fixation surgery on the woman’s broken ankle. The case settled for $225,000.

2020 – Washington – $266,500 – Verdict: A 29-year-old petroleum inspector was gauging a barge at a refinery. After doing so, he crossed a gangway and fell to the hard surface below. He suffered a herniated disc and ankle, foot, and neck injuries. The man sued the barge’s owner for negligence. He also claimed that he lost his job because of his injuries. The jury awarded him $266,500.

2020 – Florida – $720,000 – Verdict: The 56-year-old bank manager fell as she exited a mixed-use building. She suffered an ankle fracture. The woman underwent multiple surgical procedures and months of physical therapy to treat her injuries. She sued the premise’s owner for negligently creating dangerous conditions. The jury assigned 90 percent liability to the premise’s owner and 10 percent liability to the woman. They determined that the damages totaled $720,000, but the woman could only recover $648,000 based on comparative negligence.

2020 – Virginia – $1,980,000 – Settlement: A passenger was injured after the vehicle they were in went off-road and struck an illegally parked tractor-trailer. They suffered fractures to their sternum, ribs, and ankle. The passenger sued both their driver and the trucker.  They received a $1,980,000 settlement.

2019 – Pennsylvania – $475,000 – Verdict: Our lawyers see a lot of ankle injuries in nursing homes.  Here, a woman’s foot became wedged under the bed, causing a fracture that required an ankle fusion.  She went through all of this while in the nursing home because she was recovering from a stroke.

2018 – New York – $2,400,000 – Verdict: A 69-year-old woman contended that her landlord would not fix her shower, requiring her to leave a drain uncovered.  She fell on the drain and suffered a bimalleolar ankle fracture, which is a tough ankle injury that often causes the victim permanent problems.  An angry jury awarded $2.4 million.

2014 – Maryland – $96,789 – Verdict: The plaintiff was driving on a two-lane road when another car hit him head-on. He suffered a comminuted ankle fracture because of the crash. The plaintiff had to have two screws permanently implanted in his leg and developed a permanent limp because of his injuries. The jury awarded him $96,789.  This is one of those cases I’m talking about, right?  A permanent limp is only worth $96,000?

2014 – Pennsylvania – $847,362 – Verdict: As the plaintiff was exiting her apartment when she slipped and fell on icy steps. She sued the property owner, claiming that they negligently maintained the steps by failing to remove snow and freezing rain. The plaintiff alleged that the defendants failed to inspect the property over the previous night, which led to the hazardous condition. She suffered an ankle fracture, which required the implementation of screws in her ankle, leading to arthritis. She also alleged that her ability to stand was compromised.

2014 – Pennslyvania – $225,000 – Settlement: The plaintiff was crossing a street at a crosswalk when she stepped in an uneven asphalt patch. This caused her ankle to roll, leading to a fracture. She sued the city, alleging that they failed to maintain a dangerous condition. She had to receive surgery, where two screws were implanted in her ankle. The plaintiff had to undergo physical therapy and claimed that she suffers pain and swelling during prolonged periods of standing. The defense claimed that the alleged injuries were fully healed. Still, the parties reached a pretrial settlement.

2014 – Virginia – $2,000,000 – Verdict: The plaintiff was a 59-year-old shipyard worker who slipped and fell on a patch of black ice while taking his car in for service. He sued the dealership, alleging that they failed to maintain a lesser-used sidewalk and that they knew that it commonly iced over. He suffered an ankle fracture and claimed that the injury aggravated a pre-existing back injury. He had to receive surgery to repair his ankle and additional surgery to alleviate back pain. The defendants claimed that he had previously inquired about the back surgery prior to the fall. The jury awarded him $2,000,000.

2013 – Maryland – $260,506 – Verdict: When the plaintiff was inside a Taco Bell restaurant, a fight ensued, and the plaintiff was struck in the face by an employee. He fell backward in the fight, which caused his ankle to become fractured. He had to receive two surgeries to fix his ankle and developed an infection. Additionally, he claimed that he had limited mobility in his ankle. The insurance company contended that he provoked the fight. The jury awarded him $260,506.

2010 – North Carolina – $80,000 – Settlement: In this motor vehicle accident case, a woman was struck by the at-fault driver trying to enter the roadway from a cross-street. She suffered an ankle fracture from the car accident. The parties eventually settled for $80,000.

 

Obviously, the quality of your lawyer makes a big difference at trial. But it also makes a huge difference at the settlement table, particularly in ankle injury cases.

Why? Because the settlement value of the EXACT SAME ankle injury will vary wildly depending on who your lawyer is. Too many accident attorneys do not understand the real value of these lawsuits. The result is a settlement below the true value of the case that fully compensates the victim for all the harm that has been done.