Last updated on May 14th, 2022 at 09:24 am
If you’ve injured your foot in a car accident, following an accident at work or after tripping on a pavement, you may be entitled to compensation to cover your suffering and any financial impact of your injury.
If you do decide to take action, we can help with foot injury compensation claims. This article will explain what types of accidents you could claim for, what proof you could supply for your claim and what compensation could be paid.
We offer no-obligation consultations to review foot injury claims over the phone. A specialist advisor will explain your options and provide completely free legal advice. If you decide to proceed, and your claim is taken on by one of our personal injury lawyers, they’ll represent you on a No Win No Fee basis. That means you won’t need to pay for their work up front and you won’t need to pay them at all unless your claim is successful. Knowing that in advance should make your claim a lot less stressful.
Want to talk with us about a foot injury claim right away? If so, please call us on 0800 652 1345 today. Otherwise, you’ll find lots of useful information about the claims process throughout this article so please read on.
Can I claim compensation for a foot injury?
It’s important to note that our solicitors can’t take on every foot injury compensation claim that’s presented to them. During their assessment of your case, they’ll try to ascertain whether:
- The party you blame (the defendant) owed you a legal duty of care; and
- Through a negligent act, the defendant caused an accident; and
- As a direct result of that accident, your foot was injured.
Our solicitors specialise in personal injury claims and will check whether legislation exists that establishes a duty of care so you needn’t be too concerned by that at this point. There are plenty of examples that might be relevant to you though. For example, the Road Traffic Act 1988 could be used if you’ve been injured in a motorcycle crash. Similarly, the Occupiers Liability Act 1957 could apply if you’ve injured your foot after you slipped on a wet floor in a shop.
Rather than getting too involved in legislation, you could spend your time gathering proof to show what caused your foot injury and how you suffered as a result. We’ll explain how you can do this later on in this article.
Common accidents leading to foot injury claims
Essentially, you could claim compensation for a foot injury sustained in any type of accident. As such, we won’t list every example here. Instead, we’ve included a range of common accidents below to give you some idea of the types of negligence that might allow you to seek foot injury compensation. They include:
- Workplace accidents. You could be compensated if your toes or foot was amputated in a workplace accident because your employer failed to provide steel toecap boots. Another scenario might be where heavy items crushed your toes when falling from unsafe shelving.
- Road Traffic Accidents (RTAs). It’s possible to claim for injuries sustained in an RTA caused by another road user’s negligence. For example, a pedestrian could be compensated if their foot was driven over after a vehicle mounted the kerb. Similarly, a cyclist could claim if they broke their foot after being knocked off their bike by a speeding driver.
- School or playground accidents. Children are more vulnerable to being injured in an accident so extra care should be taken to keep them safe in places like schools or playgrounds. If your child suffers a foot injury in a playground because of somebody else’s negligence, we could help you claim compensation on their behalf.
- Sporting injuries. While most sports include an element of risk, you could be compensated if you sustain a foot injury from sports because of an unsafe playing environment or poor coaching advice.
- Slips, trips and falls. These can happen just about anywhere and could result in foot injuries. Compensation claims might be possible for accidents caused by a wet floor with no warning signs, trip hazards obscured by poor lighting or uneven pavements.
- Repetitive Strain Injuries (RSI). This is another type of workplace injury claim. You could claim compensation if you sustain an injury to your foot because your employer failed to make changes to prevent you from sustaining RSI over a long period of time.
If you’re not sure whether you are entitled to compensation for a foot injury, call and ask one of our specialists. They’ll help by reviewing your case for free and letting you know your chances of being awarded compensation.
What foot injuries could I get compensation for?
Let’s take a look at what types of foot injuries could result in a compensation claim. It’s important to point out that minor injuries like grazes or modest bruising may not entitle you to claim but some of the more common foot injuries that may lead to a claim include:
- Foot fractures
- Ligament tears.
- Strains and sprains.
- Broken toes.
- Ruptured tendons.
- Foot amputations.
- Toe amputations.
- Extreme bruising.
- Metatarsal injuries.
- Injuries causing arthritis in the foot.
These injuries range in severity but other than the most severe injuries, symptoms you might associate with foot injuries include:
- Pain when walking, standing or bearing weight on the foot.
- Swelling or redness in the area that is injured.
- Pain if the affected area is touched.
- Pain that becomes worse over time.
If you’ve suffered any type of foot injury because of somebody else’s negligence, contact us here to see if your suffering could be compensated.
How much compensation can I claim for a foot injury?
If you make a personal injury claim for a foot injury, you can’t (unfortunately) just choose the amount of compensation you’d like to be paid. Instead, you’ll need to provide evidence to justify why you’re asking to be compensated. This can be based on general damages where the pain associated with your injury is compensated or special damages to cover any costs linked to your foot injury.
No two claims are really the same but you could be entitled to compensation to cover:
- The physical pain and suffering your foot injury has caused.
- Any mental harm that has resulted from your injuries.
- Any impact your injury has had (loss of amenity) on your hobbies or social life.
- Earnings you’ve missed out on whilst recovering.
- The time a friend or relative spent looking after you while you were recovering (or the cost of a professional carer).
- Any travel costs (linked to medical appointments for example).
- The cost of adapting your home to help you cope if you’ve been left disabled.
- Any income you’ll lose in the future because your injuries will reduce your earning capacity.
- The cost of medical or rehabilitation costs (including private treatment in some cases).
If you want to read more about what general and special damages are, head over to this page.
When claiming compensation for a foot injury, you should take time to consider how you’ve been affected. That’s because it’s only possible to claim once. If your case is handled by one of our solicitors, they’ll review everything to try and secure as much compensation as possible to cover your suffering.
Foot injury compensation payouts
The guidance to compensation payouts from the Judicial College is well respected by the courts and insurance companies and is often used as a basis for any foot injury compensation payouts. While in no way legally binding and dependent upon a multitude of conditions like the severity of the injury to the foot, pain experienced and how long the injury is likely to take to heal, some examples of compensation guidance include:
- Modest foot injuries such as a simple metatarsal fracture, puncture wound, torn ligaments would likely see a compensation payout of up to £13,740.
- Compensation payouts for moderate foot injuries such as displaced metatarsal fractures that leave a permanent deformity, £13,740 – £24,990.
- For serious foot injuries that lead to continuing pain and might require prolonged treatment, the compensation payout could see £24,990 – £39,200.
- Compensation payouts for a severe foot injury that for example lead to a substantial restriction in mobility, £41,970 – £70,030.
- For a very severe foot injury with a serious and permanent disability, for example, a traumatic forefoot amputation, £83,960 – £109,650.
- For an amputation of one foot, £83,960 – £109,650.
- For an amputation of both feet, £169,400 – £201,490.
When you consider how important your foot and balance is to not only your working life but also your private life, the different elements of compensation can soon build up. If for example, a footballer was to suffer a foot amputation as a consequence of negligence by a third party we can only estimate the potentially enormous level of compensation overall.
Providing proof for a foot injury compensation claim
Whether you’re claiming compensation for a foot injury against your employer, a shop or the local council, you’ll need to show their insurer why you should be paid compensation. This will involve using evidence to show how the accident happened and what injuries you sustained. You could use the following as proof:
- Photographic proof. It can be quite tricky to recall exactly how an accident occurred. As such, photos could be used to explain what happened. The ideal time to take them is right after the accident happened and before anything is removed from the scene.
- Accident reports. Where possible, you should let somebody know about the accident and ask for a copy of their report. This is useful evidence that can help to prove when and where you were injured.
- Medical records. We would always suggest that you attend A&E, a GP surgery or minor injuries unit to have your foot injury assessed and treated properly. If you decide to claim compensation, your solicitor could ask for copies of your medical notes to help show the extent of your injuries.
- CCTV footage. Where your accident was recorded on CCTV or dashcam, you are legally allowed to request a copy of the footage of yourself. You should ask for it as soon as possible as it will usually be deleted quite quickly.
- Witness information. If anybody saw you injure your foot, you should ask them for their contact details. If liability for the accident is denied, your solicitor could ask for a statement from the witness to explain what they saw.
As well as the evidence listed above, you might want to write down everything that happened while it’s fresh in your mind. Also, keep track of any expenses you’ve incurred and note down the days you couldn’t work or had to cancel social events due to your injuries.
Medical assessment of your injuries
The personal injury claims process may require a medical assessment of your injuries by an independent medical expert. This is nothing to worry about and your solicitor will usually book you in for a local appointment.
During the meeting, a specialist will discuss how your injuries have affected you and examine your foot injury. After they’ve finished, a report will be filed will all parties involved in the claim to explain the extent of your injuries and your prognosis.
Foot injury claims time limits
You may already know that personal injury claims are time-limited. As such, foot injury claims must be started within 3-years of:
- The date your accident occurred; or
- When you found out about your foot injuries (the date of knowledge).
We would suggest that you start your claim as soon as possible so that you give yourself (and your solicitor) plenty of time to collect evidence or to arrange for medical reports. Also, in some cases, claiming early could result in an interim payment from the defendant to cover the cost of private medical treatment of your foot injury.
The 3-year time limit will not apply if you’re claiming on behalf of a child. In this scenario, you can take action on their behalf at any point before their 18th birthday.
The foot injury claims process can be settled in a matter of months if the defendant admits liability early and you’ve already recovered. Where the extent of your injury is not yet fully understood or if the defendant contests liability, the claim could take longer.
No Win No Fee injury claims
You needn’t worry about losing money on solicitor’s fees if you decide to work with us. That’s because your solicitor will provide a No Win, No Fee service if they agree to represent you. That means there won’t be any solicitor’s fees payable if your claim fails and you won’t need to pay for their work in advance either.
A formal contract called a Conditional Fee Agreement (CFA) will be signed by you and your solicitor to formalise the No Win No Fee service. It will explain that you’ll only pay the solicitor’s success fee if you are paid compensation.
The success fee will be deducted from any settlement you receive before it’s paid to you. The Ministry of Justice limits success fees to 25% of your compensation when using a CFA to prevent overcharging.
Please get in touch to check whether you could claim on a No Win No Fee basis.
Start a foot injury compensation claim today
We hope our guide has helped you decide whether to claim compensation for your foot injury or not. The easiest way to get started if you do want to take action is to call us on 0800 652 1345 today.
During your call, we’ll review your chances of being compensated and provide free legal advice too. If your claim is suitable, you could be represented by one of our No Win No Fee personal injury lawyers.
If you need to know anything else about foot injury compensation claims, please use live chat to get in touch.