Toe Injury Compensation – How Much Can I Claim?

If you have sustained a toe injury, compensation could be awarded if you can meet the eligibility criteria for personal injury claims. Depending on the nature of your injury, including the severity, and long-term impact it has, the settlement you could potentially receive could differ.  As you move through this guide, you will find further information on when you could be eligible to claim, and the settlement you could potentially be awarded if you succeed.

toe injury compensation

Toe Injury Compensation – How Much Can I Claim?

Additionally, we explore the duty of care certain third parties, such as road users, employers, and occupiers, owe you. We also look at the legislation that outlines their responsibilities, and how an accident could lead to you sustaining a toe injury could occur if this legislation is not adhered to.

Furthermore, we discuss the evidence you could gather to support your claim, and how a solicitor from our panel could assist you in building your case under No Win No Fee terms.

If you have any other questions about personal injury claims, please contact an advisor. To do so, you can:

Select A Section

  1. How Much Toe Injury Compensation Could You Claim?
  2. When Are You Eligible To Claim Toe Injury Compensation
  3. Evidence That Could Help You Claim Toe Injury Compensation
  4. What Is The Personal Injury Claims Time Limit?
  5. Claim Toe Injury Compensation On A No Win No Fee Basis
  6. Learn More About The Personal Injury Claims Process

How Much Toe Injury Compensation Could You Receive? 

Toe injury compensation can vary depending on the specific nature of each claim. Generally though, a personal injury settlement awarded after a successful claim can consist of up to two heads of claim. These are general damages and special damages.

General damages is the primary head of claim, which is awarded in order to compensate for the pain and suffering experienced as a result of your injuries. This also takes into account the severity of your injuries, the impact they have made on your life, the loss of enjoyment that they have caused, and the recovery period. 

Solicitors can use the Judicial College Guidelines (JCG) to help calculate the value of your injuries. The JCG contains guideline award brackets that correlate to injuries of differing severities. Solicitors can also use medical records from an independent medical assessment to help them alongside the JCG.

Below is a table of figures listed in the JCG. These figures cannot be guaranteed, as every case is different with varying circumstances.

Compensation Table

InjurySeverityCompensation Bracket
Toe InjuryAmputation£36,520 to £56,080
Toe InjuryAmputationIn the region of £31,310
Toe InjurySevere£13,740 to £21,070
Toe InjurySerious£9,600 to £13,740
Toe InjuryModerateUp to £9,600
Foot InjuryModerate£13,740 to £24,990
Foot InjuryModestUp to £13,740

Special Damages In A Toe Injury Claim

Special damages are used to account for past and future financial losses incurred as a result of your injuries. For example, you could seek compensation to reimburse any loss of earnings, care costs, travel costs, and the cost of adaptations to your home.

In order to account for these costs, proof of these expenses will need to be produced. As an example, you could use receipts, invoices, and payslips.

For more information on the toe injury compensation you could be awarded following a successful personal injury claim, call our team on the number above.

When Are You Eligible To Claim Toe Injury Compensation?

In order to make a personal injury claim for toe injury compensation, you need to prove the following:

  • A third party owed you a duty of care.
  • This duty of care was breached.
  • You experienced a physical injury, psychological harm, or both, as a result of the breach.

The three criteria lay out the foundation of negligence in personal injury claims. 

In the following sections, we have provided information on the duty of care certain third parties owe, the legislation they need to adhere to, and examples of an accident that could be sustained if their duty isn’t upheld.

Accidents In A Public Place

Occupiers of public places have a duty of care to those who use their facilities, and must ensure the reasonable safety for those who are using the spaces for its intended purpose. This is outlined in the Occupiers’ Liability Act 1957.

An example of an accident in a public place that could occur if an occupier breached their duty of care includes:

  • You may slip, trip or fall on a wet floor in a supermarket that had no warning signs present. As a result, you sustain a sprained toe injury.

Road Traffic Accidents

The Road Traffic Act 1988 and The Highway Code set out rules that road users need to follow. In doing so, they can ensure they uphold their duty of care to navigate the roads in a way that prevents harm or damage to themselves and others. 

An example of how a road traffic accident could occur, leading to a toe injury, if they fail to uphold their duty of care can includes:

  • A driver failed to indicate or check their mirrors before turning out of a junction. As a result, you sustain multiple injuries, such as a break or fracture of your toe, a broken hip and head injury, in a side-collision.

Accidents At Work

Employers have a duty of care to their employees, as outlined by The Health and Safety at Work etc. Act 1974.  An employer should take reasonable steps to ensure the safety of the workplace, environment, equipment and facilities. To uphold their duty of care, they could ensure they provide adequate training to employees, as well as any necessary personal protective equipment (PPE), and perform regular risk assessments to address any hazards.

If an employer has breached this duty of care, and this has led to you sustaining an injury to your toe, you may be eligible for compensation.

An example of how an employer could breach their duty of care includes:

  • You are not provided any PPE when working on a construction site, such as steel-toe capped boots. As a result, items drop on your foot and you sustain a severe crush injury, leading to the amputation of several toes.

To discuss your specific case and find out whether you could be eligible to receive toe injury compensation following an accident at work, road traffic accident or public place accident, call our team on the number above.

Evidence That Could Help You Claim Toe Injury Compensation

If you are injured in an accident due to a third party’s breach of duty of care, and are eligible to seek toe injury compensation, you could gather evidence to support your claim. For example:

  • CCTV footage of the accident. If in the case of a road traffic accident, dash cam footage can also be useful. 
  • Keeping a diary of symptoms and treatments can help illustrate your mental and physical state after the accident. 
  • Records illustrating medical care. This can include X-ray scans, and other test results, as well as doctor reports.
  • Photographs of the injury and accident site. 
  • Witness contact information. Potential witnesses can provide another account of your accident, and the injuries you sustained.

Our panel of personal injury solicitors can help you throughout the claims process, including assisting you with gathering evidence, and ensuring your claim is presented within the relevant limitation period. To find out more about the services they could offer, please contact an advisor on the number above.

What Is The Personal Injury Claims Time Limit?

When making a personal injury claim, you need to ensure you start legal proceedings within the limitation period. In most cases, the time limit is three years from the date of the injury, as stated by The Limitation Act 1980. There are, however, some instances that may mean exceptions can be made to the time limit.

For example, if the individual making the claim lacks the mental capacity to do so themselves, an indefinite pause is placed on the time limit. During this time, the courts could appoint a litigation friend to begin the claims process on their behalf.

If the individual regains the mental capacity to claim, then the three year limit is enforced from the date of recovery. They will then have three years from this date to start their own claim, provided one hasn’t already been made for them.

Similarly, a pause is placed on the time limit when the claimant is under the age of eighteen. This pause lasts till the child’s 18th birthday. During this time, a litigation friend who has been appointed by the courts, could make the claim on the child’s behalf.

If no claim is made on their behalf before they turn eighteen, they are then given three years to make their own claim from their 18th birthday.

For further guidance on the personal injury claims time limit, and any exceptions that could potentially apply, please contact an advisor on the number above.

Claim Toe Injury Compensation On A No Win No Fee Basis

If you are eligible to make a personal injury claim and seek toe injury compensation, you may find it beneficial to do so with a No Win No Fee solicitor from our panel. They could offer you a contract called a Conditional Fee Agreement (CFA) which often means that no payment is required for their services upfront, at any point throughout the process of your claim, or if the claim fails. 

If a claim is successful, a percentage of the amount of compensation awarded will be taken by your solicitor as their success fee. A legal cap applies to this percentage to allow the claimant to receive the majority of the settlement. 

Our advisers are available to help with any inquiries regarding claims. You can contact them by:

Learn More About The Personal Injury Claims Process

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Thank you for reading our helpful guide on when you could be eligible to make a personal injury claim for toe injury compensation. If you have any other questions, call an advisor on the number above.

Article by DGE

Edited by MIT