Toe Injury Compensation Claims
If you have been affected by a toe injury we can help.
The purpose of this guide is to help anyone who has suffered a toe 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
toe injury compensation:
Do I have a toe injury claim?
A toe injury claim should be possible if your injury happened:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - 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 toe injury claim on their own behalf.
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.
Who is liable for my toe injury?
To make a toe injury claim, your solicitor will need to prove that your toe injury was a result of another party's negligence.
Your solicitor will help to identify the party (person or company) legally responsible for your injury.
In the case of work accidents, for example, the company you work for will usually be liable, even if the injury is caused by a negligent co-worker or site visitor.
Typical causes of toe injury claims include:
- Slip, trip and fall claims - the liable party for toe injury caused by uneven, cluttered, wet and slippery floors will be the owner of the premises.
- Dropped or falling object injury claims - these can cause breaks, fractures and crushed toes. The liable party will be the individual who dropped the object or the employer of the individual who dropped the object.
- Work accident toe injury claims - employees handling heavy loads, operating machinery and using tools may sustain toe injury in the course of their work. Dropped heavy weights, mishandled tools and dangerous machinery have all resulted in compensation claims for toe injuries in the workplace. Compensation claims for toe injuries at work often result from inadequate personal protective equipment and dangerous work practices. Injuries include broken phalanges, tendon and ligament damage.
The amount of money you could claim for your toe 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 toe 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 toe 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
Toe injury compensation amounts
The following toe 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.
|Toe injury||Minor||Up to £7,650|
|Toe injury||Serious||£7,650 to £10,960|
|Toe injury||Loss of several toes||Around £24,950|
|Toe injury||Moderate||Up to £7,650|
|Toe injury||Loss of all toes||£29,110 to £44,710|
|Toe injury||Serious||£7,650 to £10,960|
|Toe injury||Severe||£10,960 to £16,800|
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 serious foot injury can be £30,000
For a more minor arm injury, in isolation, you would typically receive £4,000.
However, if you have a serious foot injury and a more minor arm injury, you would typically receive £30,000 + a reduced percentage of £4,000.
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 toe 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 toe injury will depend entirely on your specific circumstances.
Your toe 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.
See the injury table above for some examples.
Will I have to pay tax on my toe injury compensation?
If you receive financial compensation following a toe 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.
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 toe injury compensation
Calculating how much compensation you can claim for a toe 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 toe injury claim could be worth now:
How long does a toe injury claim take?
The length of time needed to secure compensation for a toe injury can vary considerably.
A straightforward liability accepted injury claim could be settled in a couple of months. If liability is denied, however, the process might take longer. Typically, an injury claim takes between 4 and 9 months. For more information, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your toe 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
Under a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make a toe injury claim without the worry of upfront legal fees. If your toe injury claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a toe injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my toe 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%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my toe injury claim?
If your toe injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. toe injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Toe 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 toe injury claim?
In general, you have a time limit of up to 3 years from the date of the toe injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your toe injury claim becomes 'statute barred'.
Can I claim for a toe 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 toe injury compensation.
In reality, there are a number of factors that can affect whether a toe 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.