In a broken toe injury claim, depending on whether you endured a straightforward or severe fracture, compensation could be anything up to £12,900. This is according to the Judicial College Guidelines, a yearly updated publication that a solicitor may use to value your pain and suffering. Using the JCG, amputation of toes could reach up to £52,620. This doesn’t include consequential financial suffering. Which could increase your broken toe compensation amount.
Broken toe injury compensation
Because your claim is unique to you, the average settlement for a broken toe may not be what you receive. That’s why this guide was written: to help you evaluate your toe injury claim for yourself. It also clears up questions you may have on the process behind your potential personal injury claim.
Our panel of expert personal injury solicitors is here to help, should you like to make a broken toe injury claim. Otherwise, if you’d just like to talk things over with our personal injury advisors, give us a call on 0161 696 9685. You can also contact us in writing or use our live chat. An advisor is available at all times, they give free advice and you don’t have to proceed with our services to get your answers.
Select a Section
- A Guide To Claiming Compensation For A Broken Toe Injury
- What Is A Broken Toe Injury?
- How Can You Suffer A Broken Toe Injury At Work?
- Broken Toe Injury In A Public Place
- Can A Road Traffic Accident Cause A Broken Toe Injury?
- We’ll Help With Your Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £12,500 For A Broken Toe Injury
- Free Legal Advice For Your Claim
- Eligibility Criteria For No Win No Fee Cases
- Our Team Can Offer Free Legal Advice
- More Resources And Guides On Broken Toe Injuries
- Broken Toe Injury FAQs
A Guide To Claiming Compensation For A Broken Toe Injury
As well as giving you background information for estimating your broken toe injury claim, this guide aims to give you insight into:
- What a personal injury claim is.
- Who is liable in different situations (e.g. a road traffic accident, accidents in a public place and in an accident at work claim).
- How toe injury compensation is recovered in terms of general and special damages.
- What happens in a No Win No Fee agreement.
We also provide you with a case study of a crushed toe claim, to highlight how claims can be made, handled and valued.
Hopefully, this guide helps bring clarity but, if you’d like a solid answer to ‘How much is a toe worth?’ or just free legal advice, you can discuss your condition with our team. Call them on the number above or send a message in a live chat any time, Monday to Sunday.
What Is A Broken Toe Injury?
To make a successful broken toe injury claim, you’ll need to be able to prove your fracture through medical evidence, which we delve into in section 6.
A broken or fractured toe can happen when it is hit by a force strong enough to break or crush the bone.
We recommend seeking medical help as soon as possible if you suspect a bone fractures. This broken toe NHS guidance states symptoms may include:
- Bruising or redness
- Swelling
- Extreme pain (if there’s no nerve damage)
- Difficulty walking (especially if the big toe is broken)
Treating a Broken Toe
This broken toe NHS leaflet for patients observes that minor fractures to the toe may be treated by strapping it to the next toe with professional intervention. An untreated broken toe could lead to malunion or non-union so always try to seek medical help.
Sometimes a broken toe injury claim can involve moderate injuries. The NHS notes that moderate broken toe treatment involves resting the foot, elevating it and using pain control. Recovery generally takes up to 6 weeks.
Treatment for the big toe could be more intensive, with Oxford University Hospital’s guide noting the potential for wearing a removable orthopaedic shoe for up to 5 weeks. It can take up to 6 weeks for the fracture to heal, but several months for the reduction of broken toe symptoms. The injured party may never recover full mobility of the big toe.
If you have an untreated broken toe or think you need broken toe treatment, it is best to visit a doctor. However, if you’re looking to make a broken toe injury claim, you can call us. Our team provides free legal advice any time you need them. Call on the number at the top of the page or send a live chat message for advice with no obligation to use our services.
How Can You Suffer A Broken Toe Injury At Work?
A broken toe can easily happen, perhaps by stubbing it or a falling object landing on it. If the injury happens at work, HSE expects the relevant person to report it, providing a doctor confirms the toe is fractured. If the accident wasn’t your fault, you could potentially make an injury at work claim.
HSE statistics reveal that the most common non-fatal accidents at work are slips, trips and being struck by a moving object. These accidents could result in a fractured toe.
What Is An Employer’s Duty Of Care?
Under the Health and Safety at Work etc. Act 1974, employers have a duty to safeguard employees’ health, safety and wellbeing. Section 2 lays out the basics for employers: where it is reasonably practicable, they should take steps to ensure employees’ safety through actions such as providing safe environments, appropriate training and regularly maintaining equipment. The actions could avoid a work accident claim.
How Can My Employer Breach Their Duty Of Care?
If you broke your toe at work because of your own negligence, you will not be able to make a work accident claim. For example, if you were running in an area where running was prohibited and stubbed your toe.
However, if your employer did not take reasonable steps to prevent your injury, then you could make a broken toe injury claim. If your injury was the result of your employer neglecting to display correct signage, for example, in a place where the floor was wet, causing you to slip, you have potential to make an accident at work claim.
Broken Toe Injury In A Public Place
The Royal Society for the Prevention of Accidents (RoSPA), in an article discussing the prevention of falls, examines the statistics by the ONS (Office for National Statistics) that ‘over-65s account for half of all accident-related hospital admissions’. As we age, our bones are more susceptible to fractures from falling or tripping, which can happen in the home, at work, or in a public place. Accidents in a public place can lead to a public liability claim, providing a third party was responsible.
If you’re making a broken toe injury claim after an accident in a public place, be sure to correctly identify the third party responsible. A park may be owned by a business or local council, for example. Provided they control the premises, land or property, they could be held accountable under the Occupiers’ Liability Act 1957.
The Duty Of Care Of Those In Control Of Public Spaces
Under the Act, those in control of the place where you were injured had a duty to keep you safe as reasonably as possible. This could be by:
- Putting barriers around areas of particular risk.
- Ensuring independent contractors are safe and competent.
- Putting warning signage where there is danger.
How Can This Duty Be Breached?
If an occupier doesn’t follow the Act appropriately, which results in someone’s injuries, they may be liable in a broken toe injury claim. A loose fixture on a supermarket building may have fallen directly on your toe, breaking it. If the business hadn’t taken steps to maintain this fixture, you could make a public liability claim.
However, if there was a barrier attempting to prevent you from getting close to the area because of the risk, and you proceeded past the obstruction anyway, your claim could be rendered null. This is because, as a visitor, you have a responsibility for your own safety.
Can A Road Traffic Accident Cause A Broken Toe Injury?
You may find yourself considering a broken toe injury claim after a road traffic accident (RTA). It’s possible you may have multiple injuries after high-speed, head-on collisions, side-impact accidents and other crashes. In these cases, you could claim for each injury.
Where a car accident claim may involve high speeds for a foot to be crushed, the slower, more vulnerable road users (cyclists and pedestrians) can also be at risk of such injuries. Government data shows that, unfortunately, the highest rates of casualties in 2019 lay with motorcyclists, followed closely by cyclists and then pedestrians.
Duty Of Care Of Road Users
Unlike a work accident claim, where your employer’s duty of care is different to yours, after an RTA, the other road user is under the same responsibility as you. The Highway Code requires all road users to use the highways with skill and consideration for the safety of others. If you feel the other road user could have avoided the accident had they driven with standard skill, you could make a broken toe injury claim.
How Can A Road User Breach Their Duty Of Care?
You could breach your duty on the roads if you were driving recklessly or not taking enough precautions to avoid accidents. If you were using the road dangerously by speeding, for example, though the accident may have been caused by another party, you may have prevented the accident from happening by driving at the speed limit, which would reduce braking time. Your actions here could negatively affect your car accident claim.
If you’re concerned about breaching your duty of care and what it means for your claim, you can call us. Our team can give confidential, free legal advice on your personal injury claim and you don’t have to make a broken toe injury claim through us. The number is at the top of the page or put your query in the live chatbox.
We’ll Help With Your Personal Injury Compensation Calculations
When a personal injury solicitor values someone’s injuries, they consider the pain and suffering the claimant was, or continues to be, subjected to. This is known as general damages.
The solicitor might use guidelines, such as the Judicial College Guidelines, alongside a medical report to calculate toe injury compensation. The medical report is essential in proving your toe injury claim. An independent medical expert creates it after assessing your injuries. Medical records from the time of injury can also support your broken toe injury claim.
If you choose to make a claim, your broken toe compensation amount may vary from the average settlement for a broken toe. This is because compensation increases with severity of injuries, suffering and impact on the enjoyment of life. For example, a crushed toe claim could involve nerve damage and permanent restriction of mobility. But, a simple fracture can heal without too much medical intervention.
Our advisors can help you gauge your general damages and offer free legal advice. Just call on the number at the top of the page or send a message in the live chat. They’re here for you 24/7 so that you can ease your mind whenever you need to.
What Are Special Damages?
A broken toe injury claim, like any personal injury claim, can increase in worth if any financial loss is able to be recovered. Special damages aim to recompense you for what you have already lost monetarily.
For example, a person making an injury at work claim may find that, because of their injury, they were unable to work for a number of weeks and were only able to access Statutory Sick Pay. Whatever salary they lost out on, and providing their case is successful, the claimant could reclaim.
Financial loss could also include medical bills, tickets spent on travelling to and from appointments, prescriptions or even additional care. A broken toe doesn’t necessarily require additional care but, if you were unable to drive and a family member or friend drove for you or did your shopping, you could be compensated for their lost time.
In order to prove special damages in your broken toe injury claim, as with general damages, you will need evidence. To prove medical expenses, for example, you could provide bills. You could prove painkiller payments with receipts.
To find out what else you could use as evidence or for free legal advice on how special damages affect you, call us on the number at the top of the page. You’re under no obligation to proceed with our panel of injury lawyers, but our team can put you in touch if you like.
Case Study: £12,500 For A Broken Toe Injury
As a family man and busy warehouse manager, Mr Howes spent as much time as he could with his toddler son. One summer’s day at the seaside, he was paying for parking when his son started running towards the beach. Mr Howes chased him but, stubbed his toe on raised pavement. The pain was immediate and didn’t relent.
Why he made a broken toe injury claim
The next day, after seeing his swollen, bruised foot, his wife took him to their local A and E Department, who did an X-ray and found that his big toe was fractured in three places. He needed surgery to insert a metal wire to aid correct healing. As a warehouse manager, he was on his feet all day so would need to take 8 weeks off. Two of those weeks were covered by Company Sick Pay, but he had to take Statutory Sick pay for the rest. He also lost the deposit for a 5-day watersport holiday with friends. After discussing finances with his wife, he decided to seek compensation.
How much is a toe worth?
He found a No Win No Fee solicitor who was able to help him make a broken toe injury claim. Using medical evidence and photographs of the pavement, Mr Howes’ personal injury solicitor recovered £12,500. Of general damages, £9,010 was recovered and £3,490 was assigned to special damages as below:
| Type of Special Damages: | Includes: | How much?: |
|---|---|---|
| Travel Expenses | To and from appointments/treatment | £50 |
| Medications/Prescriptions | Prescriptions, treatment, physiotherapy, walking aids, etc. | £20 |
| Additional Care | Professional care at home, from family, childcare, etc. | Wife driving him and helping him to walk: £400. |
| Future Loss | Loss of Earnings, future loss of earnings, potential future care. | £2,291 for 6 weeks of lost salary (excluding SSP). £729 for watersports holiday deposit. |
The personal injury claim of Mr Howes is an example. It acts to convey how accidents happen, what the claims process is and how compensation might be valued.
Free Legal Advice For Your Claim
If you choose to make a claim, your accident, injuries, financial loss and circumstances will be unique to you. Your compensation will reflect these factors. Consequently, it would be misleading to give you a figure of what you could recover without understanding your broken toe injury claim.
This guide aims to help you understand and approximate your own claim. But, if you’re struggling or would like a professional to advise you, give us a call on the number at the top of the page or send a message in the live chat. We offer free legal advice with no obligation to proceed with our services if you choose not to. Lines are open 24/7.
Eligibility Criteria For No Win No Fee Cases
You may have heard of a No Win No Fee agreement when looking into making a personal injury claim. Those who use these agreements often do so because they’re concerned about funding a personal injury solicitor, especially if the case loses.
Under the agreement, if you choose to use a No Win No Fee solicitor and your case wins;
- You pay your solicitor’s fees, but at a small rate, lawfully capped.
- You don’t pay until the case is over.
If you lose:
- You don’t pay your solicitor fees.
If you’re interested in seeking out a No Win No Fee solicitor, you could contact our advisors. They can delve into the specifics of the agreement and give free legal advice. They can also put you in touch with our panel of personal injury solicitors, who offer such services. Just get in touch through one of the three ways below.
Our Team Can Offer Free Legal Advice
Our advisors can give free advice on your broken toe injury claim. They won’t press you to proceed with our services afterwards so get in touch, any time, any day on:
- 0161 696 9685.
- Our live chat.
- The contact page.
More Resources And Guides On Broken Toe Injuries
How do I know if I’ve a broken bone?: NHS guidance on fractures.
Toe Injury Claims: Read our guide to claiming for other toe injuries.
How to Make a Compensation Claim for Foot Injuries: Our guide to foot injuries and claiming for them.
Broken Toe Injury FAQs
Should you go to the emergency room for a broken toe?
If you think you have broken your toe, go to A&E.
How do you know if a toe is broken or just bruised?
If you’re unsure if your toe is broken, call 111 for advice or seek a medical professional’s diagnosis. If the toe was broken in an accident that wasn’t your fault, consider making a broken toe injury claim.
How much compensation do you get for losing a toe?
Compensation fluctuates with between claimants, and increases with severity of injury and whether there was financial loss. Speak to our advisors for an informed estimation.
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Published by AL.