You might not think of a toe injury as one of the worst things that could happen in the world. However, if your toes are crushed, broken or even amputated, you are likely going to suffer a lot of pain and your injuries could affect many aspects of your life. Therefore, you may wish to seek compensation if your toes were injured in an accident that wasn’t your fault.
In this guide to toe injury claims, we’ll show you how you could be eligible to claim compensation for a toe injury at work, from a road traffic accident, or slips, trips and falls amongst other things. We’ll also explain how the toe injury claims process works and how much compensation you could claim.
To start a toe injury compensation claim right away, please give us a call on 0800 6524 881 today. Alternatively, please carry on reading to learn more about the claims process.
Table of contents
- Am I Eligible To Make A Toe Injury Compensation Claim?
- Common Causes Of Toe Injury Claims
- How Much Compensation Will I Get For A Toe Injury?
- Average Toe Injury Compensation Amounts
- Evidence To Support A Toe Injury Claim
- Time Limits For Claiming Toe Injury Compensation
- How Does The Toe Injury Claims Process Work Using A Solicitor?
If you ask one of our solicitors to take your toe injury compensation claim on, they’ll try to verify that you’ve got a reasonable chance of success before accepting it. Therefore, they’ll check whether:
- You were owed a duty of care by the defendant (the party you’re claiming against); and
- Because the defendant was negligent, an accident/incident occurred; and
- You injured your toe (or toes) as a direct result of that accident/incident.
In personal injury claims in general, legislation such as the Road Traffic Act 1988 or the Health and Safety at Work Act 1974 is often used to establish a duty of care. You needn’t worry too much about this. It’s something your solicitor will confirm as part of their checks before accepting your case.
The best way you can help initially if your claim is taken on is to provide as much evidence as possible to help prove how you injured your toe and who was to blame. We explain what evidence you could use in a later section.
There are many ways in which you could injure your toe in an accident. We can’t list all of them here of course but we have added a few common examples, below, to give you some idea about when you could be compensated. They include:
- Accidents at work. You might be able to claim if your toe was injured in an accident at work because a heavy item fell on it that hadn’t been stored securely. Similarly, you could be eligible to claim if your toes were crushed or amputated by equipment you had not been trained to use.
- Slips, trips and falls. Toe injuries are quite common following a slip, trip and fall. An example of when you might be eligible to claim is if you suffered a fractured toe because you tripped on an uneven pavement. You could also claim after slipping in a supermarket on a wet floor where no warning signs were used.
- Road traffic accidents. Broken bones are common in RTAs especially when vulnerable road users like cyclists, pedestrians or motorcyclists are involved. If you have injured your toe in an RTA caused by another road user, you could be eligible to seek damages.
- Medical negligence. Some conditions such as diabetes can lead to circulation problems. This can result in dangerous infections in the foot where a toe amputation is needed. In that scenario, you could be compensated if a doctor was negligent and failed to spot the signs of diabetes early enough.
If you believe you have suffered a toe injury in an accident that somebody else caused, call today on 0800 6524 881 to see if we could help you to claim.
Our personal injury solicitors could help you claim compensation for any toe injury (aside from the most minor injuries). Some of the most common toe injuries claimants seek compensation for include:
If you believe you should be compensated for the pain and suffering somebody else caused, please get in touch to speak to an advisor.
Any compensation you request in a toe injury claim must be fully justified. While each claim will vary from the next, it is possible that your compensation settlement could be based on:
- Any pain and suffering your toe injury has caused.
- Any impact on your hobbies. For example, you could claim for loss of amenity if your injuries prevented you from playing football as you normally would.
- Lost earnings and future loss of earnings where necessary.
- Travel expenses.
- Care costs if you needed somebody else to help you while you were recovering.
- Medical and rehabilitation costs.
- The amount it costs to adapt your home to help you cope with any permanent disability.
Should your claim be taken on, your solicitor will assess your claim in detail to try and make sure everything is included so that you are compensated correctly.
Your solicitor will use medical records and a report from an independent medical assessment to determine the severity of your toe injury. They’ll then use guidelines from the Judicial College to try and determine how much compensation for a toe injury you should claim. These figures have been used below so you can get some idea of what your claim might be worth.
- Modest toe injuries such as simple fractures that are expected to heal fully and short-term injuries might expect to receive no more than £5,590 at the maximum.
- For moderate toe injuries such as a straightforward broken toe, up to £9,600 compensation at the maximum.
- The average payout for what is classed as serious toe injuries such as multiple fractures and crushed toes is £9,600 to £13,740.
- Severe toe injuries such as severe crush injuries leading to amputations of one or two toes or partial amputations, £13,740 to £21,070.
- Compensation for the amputation of a big toe is around £31,310.
- Compensation for the amputation of all toes, which can vary due to factors such as whether the amputation was surgical or traumatic and effects on mobility, £36,520 to £56,080.
As some toe injuries may affect the foot and therefore compensation, you may also wish to refer to our foot injury claims page.
Please be aware that these amounts are not guaranteed. If you’d like a more personalised compensation estimate, please get in touch.
Whether you’ve injured your toe at work or in any other type of accident, your claim is likely to be passed to the defendant’s insurer. They won’t want to compensate you unless you can prove how the accident happened and how serious your toe injury was/is. To help with this, you could use the following:
- Photographs to help prove how the accident happened. It’s best to take these as soon as possible and preferably before anything is removed from the accident scene.
- Witness details so that your solicitor can ask them for a statement about what they saw if the defendant denies liability for the accident.
- Medical records to help determine the severity of your injured toe. These can be requested from the hospital, GP surgery or minor injuries unit that treated you at a later date.
- Accident report forms to help prove the date, time and location of your accident. Most businesses and companies need to keep an accident report log and you’re entitled to a copy of the report about your accident.
- Video recordings are another good way to prove how you suffered a toe injury. You are entitled to ask for a copy of CCTV footage or dashcam recordings of your accident and you should do so quickly before the files are erased.
It’s also worth writing as much down about your accident before speaking with a solicitor. That way, you’ll find it much easier to remember when your toe injury stopped you from working or participating in family events. You could also keep track of any expenses in this way too.
It’s important to make you aware of the 3-year personal injury claims time limit. If you leave your toe injury compensation claim too late, it could become statute-barred meaning you might lose out on any compensation you might be eligible for.
We believe toe injury claims are easier if you start them early. Firstly, an early start should make it easier to collect supporting evidence. Secondly, private medical treatment of your toe injury could be arranged and paid for by an interim payment from the defendant.
To help reduce your financial risk and stress levels, one of our solicitors will work on a No Win No Fee basis if your toe injury claim is accepted. That means you’ll only pay their success fee (explained in the Conditional Fee Agreement) if you receive a settlement from the defendant, and nothing at all if your claim’s unsuccessful.
The easiest way to check if you’re eligible to claim compensation on a No Win No Fee basis is to call our advice line on 0800 6524 881 for a free consultation. There’s nothing to lose by calling as you’ll get free legal advice about making a toe injury compensation claim and your options whatever you decide to do.