Foot Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a foot injury we can help.
The purpose of this guide is to help anyone who has suffered a foot injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
foot injury compensation:
Health and Safety Executive figures show around 629,000 people had an accident at work during 2013-14. Approximately 351,000 people were off work for more than 3 days due to their injuries. A proportion of these workplace injuries were foot injuries, for which workers can claim compensation.
Members of the public are also entitled to claim for foot injuries, if they are sustained as a result of negligence.
Do I have a foot injury claim?
As a basic rule, you will be eligible to make a foot injury claim if you sustained an injury:
- in the last three 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 a foot injury claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a foot injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
What types of foot injury can I claim for?
Claimable foot injuries fall into two main 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. This can particularly be the case 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
Foot health injury can be 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.
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 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.
The amount of money you could claim for your foot injury will depend on:
- the extent 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 foot injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
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 a foot 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
Foot injury compensation amounts
The following foot 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 a foot 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 a foot injury will depend entirely on your specific circumstances.
Your foot injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Will I have to pay tax on my foot injury compensation?
If you receive financial compensation following a foot injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Foot injury compensation
Calculating how much compensation you can claim for a foot 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 foot injury claim could be worth now:
How long does a foot injury claim take?
How long it can take to process a foot injury claim can vary considerably.
For instance, 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?
Caring and sensitive support
Your solicitor will handle your foot injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
No win, no fee takes all of the risk out of making a foot 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 a foot injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my foot 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 foot injury claim?
If your foot 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.
How do personal injury solicitors get paid?
If your foot injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Foot injury FAQ's
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 was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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 a foot injury claim?
In general, you have a time limit of up to 3 years from the date of the foot injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your foot injury claim becomes 'statute barred'.
Can I claim for a foot 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 612 7456 to find out if you are still able to claim foot injury compensation.
In reality, there are a number of factors that can affect whether a foot injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.