Have you injured your toe in an accident and are now wondering whether you could make a claim for toe injury compensation? If so, this guide could help.
However, no matter where your accident occurred, you need to prove that a third party owed you a duty of care, breached the duty of care they owed you and caused you to sustain harm as a result. We will explore the duty of care you may have been owed in more detail throughout this guide.
Additionally, within this guide, we aim to provide you will the information you need about making a personal injury claim. For example, the evidence you need to gather and whether seeking legal representation could benefit you.
If you would like to speak with someone about your potential claim, our advisors are on hand 24/7 to help you. They can offer you free legal advice and answer any questions regarding the personal injury claims process.
To talk with our advisors today:
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- A Guide On Making A Toe Injury Compensation Claim
- Examples Of Accidents That Could Cause A Toe Injury
- Is There A Personal Injury Claim Time Limit?
- Top Tips On The Personal Injury Claims Process
- How Much Toe Injury Compensation Could I Receive?
- Why Make A No Win No Fee Claim?
- Learn More About Toe Injury Compensation
If you have sustained a broken toe injury, you could experience symptoms such as swelling of the toe, toe pain, bruising, and you could find that it hurts to walk.
To claim compensation for your injury, you need to prove that your injury resulted from negligence. We will explore what this means in more detail in the next section.
If you’re eligible to seek compensation, the settlement you receive could reflect the pain and suffering caused by your injuries as well as the financial impact.
For more information on toe injury compensation, contact our team of advisors.
As stated, to make a personal injury claim for toe injury compensation, you must demonstrate that negligence occurred. This involves proving that you were injured because someone breached the duty of care they owed you.
The following sections explore the duty of care owed to you by different third parties.
Accidents At Work
Your employer owes you a duty of care whilst you are at work and performing work-related duties. The Health and Safety at Work etc. Act 1974 (HASAWA) outlines this duty of care.
As per their duty of care, they must do all they reasonably can to reduce or remove the risk of harm posed by known hazards, such as by performing regular risk assessments.
If your employer were to breach this duty of care, you could become injured. For example:
- Your employer hasn’t ensured that the work floor is free of clutter and hazards. You trip over some wires that were not properly tied down or covered. You suffer from a toe injury and a knee injury as a result.
Accidents In A Public Place
You are also owed a duty of care whilst out in public. As stated in the Occupiers’ Liability Act 1957, the person in control of a public place must do all they reasonably can to ensure that the space is safe and suitable to be used by the public for its intended purpose.
You could sustain an injury if this duty of care is breached. For example:
- Your local council is considered an occupier, as they are in control of public spaces such as parks. If your local council hasn’t been performing regular maintenance checks on the equipment at the park, you or your child could suffer an injury. For example, you sit on a bench at the park, and it breaks. Due to the way you fall, you break your toe, injure you shoulder and suffer a sprained ankle.
Road Traffic Accidents
Road users have a duty of care to ensure that they are behaving in a way that reduces the risk of causing harm to others while using the road. This is laid out in the Road Traffic Act 1988. Additionally, the Highway Code sets out rules and guidance for multiple different road users. The rules in the Highway Code are backed by legislation.
If a road user were to break the rules of the road, they would have breached their duty of care. This could cause an accident where you are harmed. For example:
- Another driver is speeding. You stop at a red light, and because the other driver is driving above the speed limit, they do not have enough time to break. They crash into the back of your car, and you suffer from multiple broken toes and a broken leg injury.
If you have experienced harm as a result of third party negligence, get in touch. You may be able to seek toe injury compensation.
If you would like to pursue a personal injury claim for toe injury compensation, you must adhere to the time limits set out within the Limitation Act 1980.
Generally, these time limits are:
- 3 years to start your claim from the date of the accident.
- 3 years from the date you became aware that your injuries were caused by negligence.
You could only claim outside of these time limits under specific instances. You can call our advisors for more information on time limits for personal injury claims.
In order to make a claim for toe injury compensation, you will need to prove that your injury was caused by third party negligence. Some of the evidence you could provide to help prove this are:
- CCTV footage and photographs of the accident.
- Witness contact details.
- Medical records providing details on your injuries.
- A completed accident report book (if applicable).
- A police report (if applicable).
Additionally, you may want to seek some legal advice if you have been injured in an accident. If so, you can contact one of our advisors.
Within your settlement for toe injury compensation, you should receive something called general damages. This seeks to provide you with compensation for your physical and mental suffering, as well as how your quality of life was impacted as a direct result of your injury.
Medical records can help when valuing this head of claim. Alongside this, solicitors and other legal professionals can use a document called the Judicial College Guidelines.
With this in mind, we have created the following table with compensation figures taken from the 16th edition of the JCG. Please only use these figures as a guideline because your actual settlement will vary.
|Guideline Compensation Amount
|(b) - One foot needs to be amputated, and the ankle joint will be lost.
|£83,960 to £109,650
|(d) Severe - Both heels or feet have suffered fractures. This can cause permanent pain and restricted mobility.
|£41,970 to £70,030
|(e) Serious - Traumatic arthritis causes continuing pain. Or there is a future risk of arthritis or fusion surgery from less severe injuries.
|£24,990 to £39,200
|(f) Moderate - Continuing symptoms with a permanent deformity after suffering displaced metatarsal fractures in the foot.
|£13,740 to £24,990
|(g) Modest - Puncture wounds, simple metatarsal fractures or ruptured ligaments of the foot. These can cause symptoms such as aching with a permanent limp.
|Up to £13,740
|(a) - All toes need to be amputated.
|£36,520 to £56,080
|(b) - The great toe is amputated.
|In the reign of £31,310
|(c) Severe - Cases in this bracket include where one or two toes are amputated following a severe crush injury.
|£13,740 to £21,070
|(d) Serious - Serious injuries affecting the great toe are included in this bracket.
|£9,600 to £13,740
|(e) Moderate - Fractures in the toes are included as an injury in this bracket.
|Up to £9,600
Additionally, you may also receive special damages within your settlement. This seeks to compensate you for any financial losses caused by your injury, such as lost wages and travel expenses. You will need to provide evidence, such as bank statements, in order to claim for any costs under special damages.
With this type of arrangement, you will not have to pay them for the solicitor’s services if the claim fails. However, you will pay them a success fee which is legally capped from your compensation if your claim does succeed.
For more information, call our team today.
Contact Us Today For Free Legal Advice
If you are still unsure whether you could make a claim for toe injury compensation, you can contact our advisors. They can answer any questions you may have about making a personal injury claim, as well as offer you some free legal advice.
To talk with our advisors today:
More articles on personal injury claims:
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- Top tips for making a gym accident claim
- Which Claims Fall Under Personal Injury?
- Top Tips for Making a Gym Accident Claim
- What Are No Win No Fee Agreements In Personal Injury Law?
- What Evidence Is Needed For A Personal Injury Claim?
- What Determines The Best No Win No Fee Solicitors?
- What You Need To Know About Neck Injury Claims
- Slips, Trips and Falls Compensation Claims
- A Guide To Restaurant Accident Claims
- Compensation Payout For A Nursery Accident
- Find Personal Injury Solicitors Near You
- How Much Is A Head Injury Claim Worth?
- How To Claim Accident In A Supermarket Compensation
- How To Claim Under The Fatal Accidents Act 1976
- How To Successfully Claim Compensation For A Nose Injury
- Making A Claim For An Accident In A Nursery
- Shoulder Injury Claims Explained
- What Are The Payouts For Arm Injury Claims?
- Compensation For Theme Park Accident Claims
- How To Make A Hand Injury Claim
- Slipping On A Wet Floor Compensation Claims
- A Guide To Making Eye Injury Claims
- PTSD Claims Guide
- Top Tips For Brain Injury Claims
For further information:
Call our advisors today for more information on whether you could receive toe injury compensation.
Writer Megan Rush
Editor Meg McDonald