£21,000 For A Broken Toe Injury: How To Claim Compensation
If you suffer a broken toe in an accident that occurred through no fault of your own, you may decide to seek legal advice about a potential compensation claim. But what could you claim for, and what might you receive? This guide details an example case study of a £21,000 compensation payout for a broken toe injury. It explains general damages and special damages, and also our No Win No Fee service.
Find out more by clicking the headings below.
Choose A Section
- A Guide To Compensation Payouts For A Broken Toe
- What Is A Broken Toe?
- How Can You Suffer Financially From A Broken Toe?
- Most Common Places A Broken Toe Accident Can Happen
- Can A Care Claim Be Added For A Broken Toe?
- How Is Compensation Valued?
- £21,000 For A Broken Toe Injury: A Case Study
- Get A Free Compensation Calculation Estimate From Our Team
- Making A No Win No Fee Claim For A Broken Toe Injury
- Finding The Best Personal Injury Lawyer For You
- Contact Us
- Further Reading
You could take legal action if you break your toe in an accident that wasn’t your fault. Such a compensation claim would focus on the negligence of another person or organisation. As well as detailing the criteria for a negligence claim, this guide will cover:
- Broken toe injuries
- The financial repercussions of a broken toe injury
- Common broken toe injury scenarios
- Care claim details
- General damages and special damages
- A case study for a £21,000 compensation payout for a broken toe injury
- Compensation calculation estimates
- Details of our No Win No Fee service and finding the best personal injury lawyer for you
The law states there is a personal injury claims time limit in which you can bring your case. You have 3 years to claim the date that you broke your toe. A litigation friend (a close relative or another appointed representative) can process the claim for a child (under 18) or someone who lacks the mental capacity to claim. However, should no claim be made, the 3-year clock will begin to tick from the date of the child’s 18th birthday, or the date the injured person regains capacity.
You can find out more about the claims process by speaking to our knowledgeable team today.
A broken toe occurs when a bone has snapped, fractured or is sticking out of the skin of your toe. It’s easier to identify in your big toe due to its size. Other broken toe symptoms include redness, bruising, swelling, significant pain and being unable to walk on the affected foot. You may hear a snap, experience significant pain, and the toe could be bleeding after the break.
To succeed in a claim for a broken toe, you must meet 3 criteria to satisfy the requirements of negligence. They are:
- The defendant owed you a duty of care
- However, a breach of that duty of care caused an accident
- And the result of an accident was an injury, such as a broken toe.
We’re able to support you with claims relating to accidents at work, public liability claims, and road traffic accidents. Let’s look at them in more detail.
The first is employers’ liability (EL), meaning workplace accidents. The Health and Safety at Work etc. Act 1974 rules that an employer should, so far as reasonably possible, uphold the health, safety and wellbeing of its employees. If, for instance, an unqualified colleague drives a forklift truck over your foot by accident, leading to a broken toe, you could pursue a claim against your employer for their failure to provide proper training and supervision.
The second is public liability (PL), which covers any accidents in public places. The Occupiers’ Liability Act 1957 emphasises a duty of care to keep public places safe and free of the risk of harm. So, for example, if the body in control of a public space, let’s say a shopping centre, erected a display item that collapsed and fell onto your foot, breaking your toe, you could pursue a claim.
The third is a road traffic accident (RTA). The Highway Code states that drivers have a duty of care towards one another and to pedestrians and cyclists. You could claim if your toe is broken due to a road accident. The incident may cause multiple injuries with a break to the toe bone being one and, say, whiplash being another. This scenario could allow you to make a multiple injury claim by using a car accident lawyer.
Call us or use our contact form to tell us how your toe was broken, and we can advise you from there.
A broken toe could cause a financial strain. You may require care costs during your recovery due to immobility, as well as medical treatments and possible physiotherapy. Public transport may be required since a fractured toe limits your ability to drive safely. And then there are the potential losses from being unable to work for some time, as well as any detriments to your ability to work in the future.
Call us by using the number at the top of the page for further details on the potential financial impacts and how your claim can factor them in.
The Health and Safety Executive reported 581,000 accidents at work in 2018/19. Broken toe injuries could have made up a percentage of that figure. Also, slips, trips or falls are examples of accidents in a public place which could result in you breaking your toe. Injuries of this nature could certainly lead to public accident claims/public injury claims.
Meanwhile, it’s definitely possible to injure your toe on the road, and that includes cycling. Nearly 2,000 cyclists were seriously injured in 2018, with broken toe injuries likely suffered within that statistic.
Get in touch with our expert team today to discuss the circumstances of your broken toe injury. Our panel of personal injury lawyers can handle your case from there.
If your broken toe injury led you to require additional care around the home, these costs could also be factored in. Relatives taking the time and effort to assist your recovery could be included (known as gracious care). In such circumstances, it will be possible to claim an hourly rate for their time. Any professional nursing care that might be required could be claimed back too using the invoices supplied.
However, if you were already receiving care relating to your toe before the accident, that couldn’t be included.
You may also be able to recover any costs relating to the care that you provided to a relative. If you were unable to carry on doing so because of the injury and had to contract someone else to do it, you can claim back these expenses.
You can use our Live Chat 24/7 to find out what you can and can’t claim for.
The compensation value of a case is often determined after you’ve received an independent medical examination. A medical expert could confirm that you suffered your broken toe in a manner consistent with the accident. They could prove that, but for the accident, you wouldn’t have been injured. Also, they could determine your recovery period, which may range from weeks to months.
These elements all contribute to your potential compensation amount, which is divided into general damages and special damages.
General damages cover the pain, suffering and the impact the injury has had on your life. The severity of the injury and any related psychological trauma all influence the level of general damages awarded.
Special damages could cover a variety of injury-related expenses, including medical costs relating to your rehabilitation, along with physiotherapy. They also include increased usage of public transport relating to hospital visits and equipment such as crutches. And consider lost earnings from time off work, along with any potential future losses caused by the incident.
To learn more about general damages and special damages, call us on the number at the top of the page.
Marcus Anderson, 37, is a manager at a large warehouse for an online retailer in Salford. He has been in the role for five years, and he prides himself on his work ethic. His outside interests include kickboxing, for which he is currently training for a green belt qualification.
Early one morning, Marcus was assisting his colleagues in lifting heavy shelving equipment. This included one employee named Larry who was still fairly inexperienced, having only started three weeks earlier. As Marcus was helping him with lifting the shelf, Larry accidentally dropped it. The top corner of the item landed on the big toe on Marcus’ right foot, crushing it.
Fighting the pain, Marcus removed his right shoe and sock and noticed the toe was bleeding with swelling and bruising surrounding the toenail. He received medical attention from the on-site first aid team before he went to his local hospital. There, a medical professional diagnosed him with a severely broken big toe. Marcus was told he was lucky, as the injury was almost serious enough to consider the possibility of an amputation.
Under medical advice, Marcus recovered at home for the next eight weeks. This was the first time he missed work for an extended period since he joined the firm. He required additional medical care from his wife Barbara.
Marcus soon began physiotherapy to restrengthen not only his toe but his right foot as a whole. Indeed, it was essentially a foot injury, as his right foot had been in jarring pain throughout the ordeal. He was also frustrated at the delay in his quest to achieve further kickboxing honours, which require continuous intense training.
After seeking legal advice, Marcus filed a compensation claim for negligence against his employer. His employer admitted liability on the grounds of providing adequate training. Marcus’s lawyer also argued that he should have been provided with steel toe-cap boots, which would have protected him had he been wearing some at the time of the accident. This argument was also accepted by the defendant.
Marcus received £21,000 from his employer’s insurance company. This consisted of £15,000 in general damages and £6,000 in special damages.
|General Damages||Special Damages|
|Mr Anderson was awarded £15,000 in general damages for the injury to his toe and foot, as well as for residual scarring.||Mr Anderson was awarded £4,000 for loss of earnings. On top of this, he was awarded a further £1,000 for the loss of his attendance bonus.|
|£700 was awarded for gracious care for the help and support offered by his wife.|
|£300 was paid to compensate for prescription and medication costs.|
The case of Mr Anderson is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
We feel that a personal injury claims calculator can sometimes produce misleading results. It only provides estimates, so how accurate can a compensation calculator be if it only provides general figures?
We prefer to learn about your particular circumstances and the specific nature of your broken toe injury. At that point, we can provide a compensation calculation estimate that is much closer to what you may receive. And this particular service is free, no matter if you pursue your claim or not.
Chat to your expert team today to take the first step towards learning what compensation you may get.
You could benefit from our No Win No Fee service. No Win No Fee primarily means:
- There is no requirement to cover any costs incurred by your solicitor if the case is unsuccessful
- Plus no requirement to pay any legal fees upfront
- And also no requirement to pay any legal fees during the case
If your claim wins and you receive a compensation payout, your No Win No Fee solicitor would deduct a nominal percentage. That’s known as a success fee, and it’s capped by law, so you won’t lose much of your settlement.
With No Win No Fee, you only pay if your case is successful. This avoids the need to find the money for solicitor fees during the claims process. Contact our team today to discover how our panel of personal injury lawyers could represent you on a No Win No Fee basis.
To find the best personal injury solicitor for your case, don’t stick to those that live nearest to you. They may lack the knowledge and expertise required for your case.
Instead, it may be best to focus on a successful track record, strong client reviews and ideally a speciality for your particular injury. And, if possible, try to find a solicitor who has experience in handling broken toe compensation claims.
Our nationwide service helps claimants all over the UK, and we can handle your broken toe injury claim too. We are ready to hear from you and to help you.
Speak to our expert team today, and they will put you in touch with our panel of specialist personal injury lawyers. You can contact us in the following three ways:
Our team can be reached 24 hours a day, 7 days a week.
We hope you learned from our guide on claiming compensation for a broken toe. More information can be found by using the links below.
Click here for a breakdown of a broken toe injury.
To discover the main NHS services that handle injuries, click here.
For the most recent health and safety statistics in the UK, you can click here.
Guide by MR
Edited by RI