£21,000 Compensation Payouts For A Broken Toe Injury: Case Study & A Guide To Calculate Compensation

Our panel of personal injury lawyers handle everything from accidents at work, road traffic accidents and accidents in public areas, and a broken toe can easily occur in any of these incidents. We will look at a case study, which we must emphasize is only an example, to illustrate the process involved in making a claim for a broken toe. We’ll also discuss the potential claim you could make.

If at any point while reading this guide you have a question or if you’d like to proceed with a claim, our team of friendly advisers are on hand to take your call 24 hours a day, 7 days per week. You can reach them on 0800 408 7826.

broken toe compensation payout case study

Select A Section

  1. A Guide To Compensation Payouts For A Broken Toe
  2. What Is A Broken Toe?
  3. How Can You Suffer Financially From A Broken Toe?
  4. Most Common Places A Broken Toe Accident Can Happen
  5. Can A Care Claim Be Added For A Broken Foot?
  6. How Is Compensation Valued?
  7. £21,000 For A Broken Toe Injury: A Case Study
  8. Get A Free Compensation Calculation Estimate From Our Team
  9. Making A No Win, No Fee Claim For A Broken Toe Injury
  10. Finding The Best Personal Injury Lawyer For You
  11. Contact Us
  12. Further Reading

A Guide For Compensation Payouts For A Broken Toe

Personal injury claims can be made for accidents in any scenario, either at work or in public, on private or communal property. A broken toe injury is the kind of accident that is remarkably easy to sustain yet can be very painful and debilitating, resulting in significant stress and suffering.

Once it’s been established that there has been a breach of duty on the part of the defendant our panel of No Win No Fee personal injury lawyers will determine the value of potential compensation and guide you in the correct path to win the maximum damages possible. To take advantage of this free legal support, simply call us on the above number.

What Is A Broken Toe?

We can all imagine the pain of snapping a bone in our foot, but what are the three requirements for making out a negligence case against others for it?

  • Duty of Care – The legal requirements as covered under the likes of the Health and Safety at Work etc. Act 1974 obliges your employer to create as safe and fit-for purpose environment for you as possible. There is also the Occupiers Liability Act 1957 which places a duty of care on anyone operating a public or private business premises to ensure, to the best of their ability, the safety of everyone who uses their facilities.
  • Breach of Duty – Was this care absent or remiss and did that cause or contribute to your injury? Motorists, for instance, have a ‘duty of care’ to each other to be responsible road users in accordance with the Highway Code. Was your broken toe injury sustained as a result of a breach in this duty?
  • Injuries – because of the breach of duty, did you suffer your broken toe injury? If so, you could have a claim.

Finally, it’s worth focusing on what the NHS actual classify a broken toe as. Their website offers practical definitions on everything from a slight bruising to a bone piercing and exiting the skin. For more information about symptoms, please click here to read a broken toe NHS guide.

How Can You Suffer Financially From A Broken Toe?

You might be surprised to learn how disrupting a seemingly small injury like a broken toe can be. The financial ‘knock-on’ effects of this type of accident are usually covered by something called ‘special damages’ which can be awarded in a wider scope than general damages, which is compensation designed to cover your physical pain and psychological suffering amongst other things.

For instance, if you are a taxi driver who broke your big toe and found it was incredibly painful to accelerate with that foot whilst driving, you wouldn’t be able to work for the 4 – 6 weeks healing time required. That’s a massive dent into your personal finances. Other possible costs that may arise and can be claimed for are:

  • Missed income from inability to work
  • Travel fares
  • Chiropractor and physiotherapy fees
  • Modified/special footwear or crutches
  • Prescription charges for painkillers

When you discuss the condition with our team, you may find there are many financial costs that can be claimed for.

Most Common Places A Broken Toe Accident Can Happen

Our panel of personal injury lawyers has handled cases relating to a broken toe injury sustained in nearly every imaginable location. Accidents at work form a large part, but road traffic accidents and accidents in public places make up a substantial percentage of broken toe injuries as well. Why do these accidents most commonly occur?

  • Obstructions in walkways can cause trips.
  • Uneven surfaces and broken pavements can also cause tripping hazards
  • Effects of weather, particularly untreated ice
  • Generally poor housekeeping and cleaning issues
  • Awkward or cluttered use of space
  • The carelessness of others

Whether it’s a threshold not clearly marked or an object falling over on to the toe bone, this type of accident forms part of the staggering HSE statistics which state that in 2018/19, 581,000 people suffered a work-related injury in Britain.

Can A Care Claim Be Added For A Broken Toe?

Yes! For such a seemingly small part of the anatomy, a broken toe can be incredibly painful and debilitating. So much so that you may even require personal care. This can be anyone who is needed to help you cook, wash and clean and maintain the standards of your daily life.

Should this be necessary, it’s vital that you keep every receipt or proof of payment as a way of calculating the costs with a view to recovering those costs as part of your compensation later on. 

The biggest hurdle in most personal injury claims is proving that your firm, a company or the council breached their duty of care to you. The success of your case will pivot on this information, so whatever the nature of your toe injury, always ask yourself these three questions:

  1. Did your employer comply with their legal duties contained in Section 2 of the Health and Safety at Work etc Act 1974? Click here to read more 
  2. Did the party in control of a public area comply with their legal duties as outlined in the Occupier’s Liability Act 1957? Did a driver breach their duty of care as defined in the Highway Code by speeding, driving while under the influence or otherwise behaving in a reckless way without due care and diligence?

If you’d like any more information, please don’t hesitate to get in touch with our team.

How Is Compensation Valued?

When claiming a broken toe, a medical assessment will always be required. This is the opportunity for a medical professional to confirm that the injuries sustained were as a direct result of the accident rather than a pre-existing medical condition. It also can provide you with a prognosis of recovery for the future. There are two types or ‘heads’ of claim under which compensation can be awarded.

  • General Damages which are designed to compensate for pain, suffering and loss of amenity due to your injury. General damages also take into account such things as the tangible impact of the accident on hobbies.
  • Special Damages are more broad-ranging and can incorporate many more financial issues created as a result of the accident For more information on what you can claim under special damages, please see our section above.

£21,000 For A Broken Toe Injury: A Case Study

Jane was a busy personal fitness instructor and dance teacher, as well as a mum of two children under five. She needed a lot of energy to manage a typical day. In between classes she would drive to the local supermarket for daily essentials and it was during one of these trips that her accident occurred. Although the car park was crowded, everyone was taking care to drive slowly and carefully as they parked or reversed. Nearly everyone.

Jane locked her car and turned to go into the supermarket just as the car in the next  bay reversed out too fast for Jane to react and step back. The tyre ran across her foot, breaking her toe in several places and crushing it.

This accident turned Jane’s life upside-down. Movement and dance was Jane’s entire livelihood and one person’s carelessness changed that forever in an instant.

After the immediate shock and emergency medical attention, Jane spoke to the driver and exchanged details. A few days later after returning from hospital, while still in a great deal of pain and highly distressed, she had the presence of mind to take photographs on her phone of the location of the accident. Although she could barely bring herself to look at it, she also took pictures of what remained of her left big toe.

Jane began the process of completely recalibrating her life after this accident. It became clear very quickly that she needed the service of a No Win, No Fee Solicitor if she was to have any chance of coping with the financial aftermath of an event that she was entirely blameless in.

The time that Jane was forced to spend with her foot up could at least be put to good use as she organized her claim for personal injury. After finding the right personal injury lawyer to handle her broken toe claim, Jane did her best to rebuild the routine of her life, however, she needed support while she recovered from her injuries.

The insurance company of the negligent driver admitted liability and Jane’s claim was successfully settled.

When it came to determining her settlement package, her solicitor considered the Judicial College Guidelines which provides estimated compensation amounts that can be awarded under general damages. In a case like Jane’s, her toe was completely crushed, leaving life altering conditions, so she was right to aim for the maximum end of the award scale.

This was just the first phase of her compensation. Under the guidance of her personal injury solicitor she was able to understand much more about compensation and how she could recover all of the financial expenses she had incurred because of the injury under special damages.

Special damages take into account several factors, such as:

  • Loss of earnings – obviously for Jane, this was a massive impact as she was unable to work at all, at either of her professions. With a salary of £25,000 p.a. and a monthly take home of £1,500, being unable to work for the minimum rehabilitation period of 4 to 6 weeks would result in a net loss of £2,250. Often, recovery periods can stretch on much longer and in this case, recovery time was 2 months. In addition, she lost her ‘attendance bonus’ at work of £500 and her chance to participate in a sponsored event, losing her £1,500 in fees. Jane’s loss of earnings stood at £5,000.
  • Travel Expenses. Jane was unable to apply any pressure on the accelerator pedal in her car and was effectively rendered immobile but for public transport. This meant that every doctor’s or hospital appointment would require either a taxi or public transport. These costs soon mounted and Jane was looking at £50 in total for ten separate visits to the hospital and the specialists.
  • Medical expenses can be formidable. The cost of prescription painkillers and crutches, as well as the specialist ‘Broken Foot Boot’ that Jane was required to wear constantly racked up an additional £300.
  • Personal Care. With two small children and no partner, it soon became obvious that she needed paid help to assist with the shopping, cleaning, childcare and other costs. This expense was a spiralling one and for the eight weeks that Jane was totally incapacitated, the costs for 8 weeks came in at £2,000
  • Emotional Impact. Jane was also left highly distressed at the impact of the accident and felt it necessary to see a counsellor to help her move past the experience psychologically. She also noticed that nearly all her footwear, which she was very fond of was now either painful to wear or just inappropriate, which compounded both her depression and personal costs. This amounted to a further £700.

Jane’s total payout came to:

General damagesSpecial damages
£15,000Loss of earnings, attendance bonus and special event at work - £5,000
Travel costs to hospital - £50
Painkillers and medical equipment/adaptations such as 'boot cast' - £300
Personal care - £1,000

The case of Jane is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how compensation might be valued. It’s much safer and more accurate to talk to one of our advisors. Simply call us on the number at the top of this page.

Get A Free Compensation Estimate From Our Team

The table above aims to provide an ‘at a glance’ guideline of compensation that may be available to you in the event of a seriously broken toe. The information is sourced from the Judicial College Guidelines which is updated regularly to accurately reflect potential damages.

While personal injury calculators may seem to offer an immediate, user-friendly answer to the burning question of compensation, they can often be wildly off the mark in reality. It’s much safer and more accurate to talk to one of our advisors. Everyone who calls receives a free, no-obligation consultation that takes into account your specific circumstances and guides you to the best possible payout.

Making A No Win No Fee Claim For A Broken Toe Injury

‘No Win No Fee’ claims are an excellent way for people to access justice and compensation quickly, that would perhaps, normally be out of their financial reach. Essentially, a No Win No Fee claim means that if your case does not succeed, you will not have to pay any of your solicitor’s fees. There are other benefits to these arrangements too, such as: 

  • No fees to pay upfront
  • Nothing to pay while the claim is ongoing

If your personal injury lawyer is successful, they will seek a nominal fee which is payable only after compensation has been won for you. This is called a success fee and the amount is capped by law. It will be deducted from the compensation awarded, the bulk of your payout for you.

To find out more about the No Win No Fee agreements, please contact our team.

Finding The Best Personal Injury Lawyer For You

If seeking legal advice, you may start with a Google search and be given thousands of results. How do you know who the best personal injury lawyer is for you? One way to narrow down the options is to look at reviews from past clients. How did they rate the solicitor’s communication skills? Did they get the result the client hoped for? How long did the claim take to settle? These are all things you can look for.

However, it’s important that you discuss your case with a lawyer too. These are all facts that we appreciate and is why our team is available 24/7 to take your call and offer you all the free legal advice and support you need without any obligation to proceed.

Contact Us

As we’ve mentioned above, our team is available 24 hours a day, 7 days per week. You can reach them via the following methods:

Further Reading

Thank you for reading our guide to the potential compensation payout you could receive for a broken toe injury. Below, we’ve included some further guides. 

Health and Safety at Work etc. Act 1974 

Occupiers’ Liability Act 1957 

The Highway Code  

 

Guide by FE

Edited by RN