Toe injuries might not seem like the worst thing that can happen but some can lead to significant pain and suffering. Broken, crushed or amputated toes can all be life-changing injuries that reduce your capacity to work and enjoy your normal activities. If you’ve injured a toe or toes because of someone else’s fault, we could help you to make a toe injury compensation claim.
To help you understand your options, we offer a no-obligation initial consultation. A specialist will review your claim with you and check to see if you might be eligible for a compensation payment. If the claim appears strong enough, it could be taken on by a No Win, No Fee personal injury lawyer from our panel. If that happens, they’ll manage the whole claim for you and try to ensure that you are compensated fairly.
Please call us on 0800 652 1345 to discuss your claim or read more about toe injury compensation claims throughout this guide.
Types of toe injuries you could claim compensation for
Effectively, you could be compensated for any toe injury sustained in an accident that was not your fault. Here are a few of the most common toe injuries our solicitors can help with:
- Crushed toes.
- Dislocated toes.
- Toe fractures.
- Toe amputations.
- Toe strains and sprains.
- Severely bruised toes.
Compensation for toe injuries is largely based on how the injury has or will affect you. For example, if your big toe is permanently injured (or even amputated), it will affect you more than a broken little toe would so any compensation you’re offered should reflect this.
If your toes have been injured through no fault of your own, speak to a specialist on our team to see if you can claim compensation.
Can I claim compensation for a toe injury?
Our personal injury solicitors will always assess the likelihood of compensation being won before agreeing to work on a toe injury claim. As such, before agreeing to represent you, they will look at whether:
- Legally, you were owed a duty of care by the defendant; and
- The defendant’s negligence led to an accident; and
- Your toes were injured in that accident.
It’s fair to say that in many everyday situations, you will be owed a duty of care. For example, your employer has a duty of care to make your workplace as safe as possible. Similarly, a retailer will owe all customers a duty of care whilst they are inside a shop. A solicitor can check that a duty of care existed before starting the claims process so you shouldn’t worry about this too much.
Common accidents that cause toe injuries
As per the criteria listed above, any accident caused by somebody else’s negligence could lead to a toe injury claim. In this section, we’ve included a few examples of the types of accidents that could allow you to claim:
Your employer has a legal duty to try and keep you safe at work because of the Health and Safety at Work Act. That means you could claim compensation for a work accident if your toes were injured because your employer was negligent.
Examples of when this might be the case include where your toes were crushed by a heavy object falling off of damaged shelving. If your employer didn’t provide steel toe-capped boots when needed or if a toe was amputated because you hadn’t been trained on how to use a piece of machinery.
Children can be particularly susceptible to toe injuries while using play equipment in parks or at school. If your child has stubbed or broken their toe in a playground accident because of damaged playground equipment or missing safety tiles, they could be entitled to compensation.
Slips and trips
Fractured or broken toes occur fairly regularly from slips and trips. For example, toe injuries can occur if you fall down some steps because of a loose handrail. Similarly, you could be able to claim if you dislocated a toe after tripping on a raised or torn carpet.
Some toe injuries can be avoided with medical intervention. However, if a condition is misdiagnosed, more serious conditions may develop. For example, you might suffer if a GP missed the warning signs of arthritis in your toes. Also, toe injuries can be a warning sign of diabetes. In the worst cases, toe amputations may be required if a doctor fails to test for diabetes and a toe infection becomes life-threatening.
Road Traffic Accidents (RTAs)
One of the most common causes of toe injury compensation claims are road traffic accidents. Toe injuries can be sustained by drivers, car accident passengers, cyclists and pedestrians. They can range from cuts and lacerations caused by sharp metal or glass to toe amputations where the toe is crushed so badly that it cannot be saved.
This list is by no means comprehensive. As such, even if we’ve not described your accident in our list, don’t worry, we could still help you to claim toe injury compensation if someone else caused the injury.
How much compensation for a toe injury?
Compensation awarded for toe injuries is designed to help you recover to the point you were in before your accident occurred (as much as possible). As such it should cover any physical, emotional and financial suffering. So, if you win toe injury compensation, it could cover:
- Physical pain and discomfort.
- Psychiatric harm (anxiety, distress, depression etc).
- Loss of enjoyment of sports or any other normal activities.
- Earnings lost if your injuries stopped you from working.
- Private hospital treatment.
- Care costs to cover the time somebody else spent supporting you.
- Travel expenses.
- Replacement costs for property damaged in your accident.
- Mobility aids to improve your independence while you’re injured.
As you can see, you’ll have a lot to consider when making a toe injury compensation claim. If you work with one of our personal injury solicitors, they’ll make sure that everything is considered before your claim is filed.
Toe injury compensation payouts
Toe injuries can range from simple sprains to serious injuries i.e amputations. As such, The Judicial College is a body that puts together advisory compensation payouts for various types of toe injuries and many other personal injuries. While they are simply guidelines they are well respected by the courts, insurers and solicitors and form a basis for calculating toe injury compensation payouts.
The guidelines for toe injury compensation amounts are as follows:
- £36,520 – £56,080 where all the toes have been amputated.
- In the region of £31,310 compensation for an amputated big toe.
- £13,740 – £21,070 for severely crushed toes resulting in the amputation of one or two toes, or partial amputations.
- £9,600 – £13,740 compensation for serious toe injuries i.e crushing of or multiple fractures to two or more toes, serious injury to a big toe.
- Up to £9,600 for relatively straightforward toe injuries i.e fractures, lacerations, soft tissue damage.
- Up to £5,590 compensation for modest toe injuries expected to fully heal within a short time period.
The process of putting a value on your toe injury compensation claim is important because once you have agreed and accepted a settlement offer there’s no turning back.
How does my solicitor determine the severity of my toe injury?
Your toes play an important role in providing stability and mobility. Any injury to the toe can make it difficult to walk or run which can affect your ability to carry out normal activities. As such, an independent medical assessment is generally required where a specialist will examine your toes and discuss how your injuries have affected you.
Your solicitor will book the appointment for you and after the meeting, your solicitor (and the defendant) will receive a medical report that lists all of your injuries and explains your prognosis. They’ll then use this information when calculating how much compensation your toe injury is worth.
Providing proof for toe injury compensation claims
If you’ve ever dealt with an insurance company, you’ll know that they simply don’t settle claims if there’s not enough proof to determine what happened. When making a toe injury compensation claim, you’ll need to prove why the defendant was to blame, the extent of your toe injury and the problems it has caused.
Here are some examples of the types of proof for a toe injury claim your solicitor may use:
- Accident report forms. It’s important that you report your accident if it happened at work or on somebody else’s premises. Your copy of the accident report will make it easier to prove when and where you injured your toes.
- Photographs. You should try to take pictures of the accident scene to help demonstrate how you were injured. Also, as you recover, take regular pictures of your visible toe injuries.
- Medical notes. Toe injuries should always be assessed by a medical professional to try and make sure they heal properly. If you go on to claim compensation for a toe injury, your x-rays and medical records could be requested to support your case.
- Witness information. To help clarify how your toes were injured, your solicitor might need to collect witness statements. So, ask anybody who saw you get injured for their phone number and email address.
- Camera footage. Any CCTV or dashcam footage of your accident can make it much easier to prove what went wrong. Try to request a copy of any relevant data quickly as it’s not usually stored for very long.
This proof can be supplemented by your own statement of what happened plus a record of any costs you’ve incurred because of your toe injuries. If you’ve any proof to support your claim already, please inform your advisor when you call for your free consultation.
Toe injury claim time limits
It is important that you begin your claim within the 3-year personal injury claim time limit to avoid missing out on any compensation you could be entitled to. For adult claimants, the limitation period for a toe injury compensation claim will usually begin on the date of your accident or from when your toe injury was diagnosed. For children, the time limit doesn’t begin until their 18th birthday. As a result, parents or responsible adults (acting as a litigation friend) can claim on behalf of a child at any time before then.
Not only will starting your claim as soon as possible mean you’ll be compensated sooner (if the claim is won), but starting early can make collecting proof to support the claim easier. Additionally, if your toe injury is causing financial problems (such as lost income), it may be possible to secure interim payments to help you before the claim is finalised.
No Win, No Fee toe injury claims
We realise that nobody wants to pay for legal representation and then lose their claim. For that reason, our solicitors conduct all toe injury claims on a No Win, No Fee basis. That means they take on the financial risk involved in claiming and you:
- Will not be asked to pay your solicitor in advance.
- Won’t have to pay legal fees if the toe injury claim fails.
- Will pay a success fee to cover your legal fees if the claim is won.
The success fee is a fixed percentage of any settlement you receive. It will be listed in your No Win, No Fee agreement and is legally capped at 25 per cent of your compensation payment.
After you and your solicitor have signed the agreement, their main goals are to:
- Learn more about how your toe injury has affected you.
- Write to the defendant to advise them of your claim.
- Gather any proof and medical documents needed.
- Fight your corner and try to counter any arguments made by the defendant’s insurers.
- Make sure that you know how your toe injury claim is progressing.
- Offer advice on any settlement offer that is made to settle your claim.
Please get in touch if you’d like to check whether you’re able to make a No Win, No Fee toe injury claim.
Start a toe injury compensation claim today
If you’ve suffered any form of toe injury that was not your fault, why not speak to us about your chances of being compensated? If you call 0800 652 1345, a specialist will guide you through the claims process and offer free legal advice.
If your claim is suitable and accepted by one of our personal injury lawyers, you’ll benefit from their No Win, No Fee service. That should make the claims process much less stressful as you’ll know that you’ll only pay legal fees if you receive compensation for your injured toes.
Please feel free to ask any questions you have about toe injury claims by calling us, or arrange a free consultation here or via our free live chat service.