Foot and Toe Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a serious foot injury or a toe injury, we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming foot or toe injury compensation with a solicitor
You can make a compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask how you foot or toe injury happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
Health and Safety Executive figures show around 693,000 people had an accident at work during 2019-20. Approximately 168,000 people were off work for more than 7 days due to their injuries. A proportion of these workplace injuries were foot and toe injuries, for which workers can claim compensation.
Members of the public are also entitled to claim for foot injuries and toe injuries, if they are sustained as a result of negligence.
What types of foot injury and toe injury can I claim for?
Injuries affecting feet and toes generally fall into three types:
Bone injury - fractures and breaks
Fractures and breaks in the bones of the foot and ankle are a frequent type of accident injury. This type of injury can include breaks, or fractures of:
- Anklebone (talus bone)
- Heel bone (calcaneus bone)
- Metatarsal bones (just above the toes)
- Toe bones
Sometimes bone injuries result in damaged ligaments and tendons. This damage may produce foot deformities and on-going impairment. Long-term issues are often associated with burn injuries to the foot. In severe foot injuries, bones may have to be surgically fused, which can also result in permanent disability. In very severe cases, amputation of the foot may be necessary.
Foot health injury
A foot health injury can occur in occupations involving standing for long periods, or where heavy protective footwear is required. Injuries of this type can include:
- Bursitis of the toes (inflammation of the fluid filled sacks protecting the toe joints)
- Tarsal tunnel syndrome (compression of the nerve behind the inner anklebone)
- Fungal infections
Your solicitor will arrange for an independent medical report of your foot injury. This report will detail the injuries sustained, and offer expert opinion on the likely impact of these injuries.
An amputation can occur as the result of a accident with a power tool, plant equipment or in a car crash or other high velocity collision. In some cases, a crush injury to the foot may require one or more toes to be surgically amputated.
Your solicitor will work with you to understand the physical and psychological consequences of your injury, including any likely long-term health issues, and they will ensure you are properly compensated for the full extent of your injuries and other losses.
What can I claim compensation for?
Compensation awards made by the Court take into account both the financial and personal impact of the injury. Your lawyer will assess the value of your claim based on your medical report, and previous awards for similar foot and toe injuries.
Compensation settlements may include amounts for:
- Costs of medical treatment
- Pain and suffering
- Loss of amenity - social and personal adjustments made as a consequence of the injury
- Loss of earnings - including future earnings
- Expenses associated with the injury - such as the purchase of mobility equipment, or taxi costs to hospital
In severe cases, the Court may award an interim payment, in advance of the final settlement.
Do I have a foot or toe injury claim?
As a basic rule, you will be eligible to make an injury claim if you sustained an injury:
- in the last 3 years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Injury claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.
Can I make a foot injury claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on a foot injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
What if I don't know who was to blame?
You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
For example, severe toe injuries, including amputations, are usually awarded between £11,730 and £17,790, depending on the level of injury.
A serious foot injury is usually awarded between £21,320 and £33,450.
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Injury compensation amounts
The following injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Foot injury||Minor||Common foot injury with full recovery||Up to £10,960|
|Foot injury||Moderate||Metatarsal fracture with permanent symptoms||£10,960 to £19,920|
|Foot injury||Serious||Serious, permanent injury||£19,920 to £31,250|
|Foot injury||Severe||Severe, permanent injury to one or both feet||£33,460 to £55,830|
|Foot injury||Severe||Loss of one foot||£66,930 to £87,410|
|Foot injury||Very Severe||Loss of both feet||£135,030 to £160,600|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe foot injury can be £33,000
For a less serious leg injury, in isolation, you would typically receive £7,500.
However, if you have a severe foot injury and a less serious leg injury, you would typically receive £33,000 + a reduced percentage of £7,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
How long does a foot injury claim or toe injury claim take?
How long it can take to process a foot or toe injury claim can vary considerably.
A straightforward liability accepted injury claim could be settled in a few weeks. If the defendant denies liability, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. For more information, see: How long will my claim take?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Will I get financial advice?
Your solicitor will be able to advise you on whether to accept a financial settlement for your foot injury claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee
No win, no fee takes all of the risk out of making an injury claim. If you don't win any compensation, you won't have to pay your solicitor any legal fees.
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.