£80,000 Compensation Payouts For A Broken Foot – Case Study & A Guide To Calculate Broken Foot Compensation

Have you sustained a fractured foot through no fault of your own? If so, you could be entitled to compensation if third-party negligence was responsible for your injury. This article aims to help you understand the process of making a claim for a broken foot. If you’d like to know how to establish grounds for a claim or calculate how much compensation you could be entitled to, please continue reading.

Whether you’re looking to claim for a broken foot or would like some advice on your situation, contact our team of specialist advisors today for a free consultation. Open 24/7, the number to call is 0800 408 7826 or use the live chat feature at the bottom right of your screen. Whatever your circumstances, our panel of personal injury lawyers could help you.  

broken foot compensation payout case study

Select a Section

  1. A Guide To Broken Foot Compensation Amounts
  2. What Is A Fractured Metatarsal?
  3. Common Broken Foot Accidents
  4. Can A Broken Foot Cause Financial Issues?
  5. Add A Care Claim To Foot Injury Compensation
  6. Factors That Add To Compensation Value
  7. Case Study: £80,000 For A Foot Fracture
  8. Expert Compensation Calculation Estimates
  9. Use No Win No Fee Services For Foot Injury Claims
  10. Where Are The Best Personal Injury Lawyer For Your Claim?
  11. Contact Our Specialists
  12. References

A Guide To Broken Foot Compensation Amounts

This article will begin by explaining how to identify a broken foot and common accidents responsible for such injuries. Next, we will outline the potential effects that a finger fracture could have, from physical to financial impacts. We’ve provided an example case study of ‘Mr Sutton’ to help illustrate this, which we have developed based on our experience handling and valuing claims. We then explain how you could gain a compensation estimate of your own case with the help of our knowledgeable team. Acquiring the help of a personal injury lawyer can not only boost your claim’s chances of success but maximise your compensation payout. To see how our panel of personal injury lawyers could help you, get in touch with our team of specialist advisors today.

What Is A Fractured Metatarsal?

A broken foot is a serious foot fracture, with symptoms including pain, swelling, difficulty walking and limited movement. If you believe you have a broken foot, you should seek immediate medical attention where you can confirm the extent of the injury with an x-ray and get the injury treated. An acute fracture is caused by a sudden injury to the foot, such as dropping a heavy object on it. A stress fracture is caused by overuse of the foot or repetitive damage to the bone, resulting in a break.  In most cases, a supportive dressing will be administered with a medical boot to aid walking. Crutches aren’t typically encouraged as early weight-bearing can help aid healing. The recovery period generally lasts 6 to 8 weeks, but it can take up to 3 months for normal function to resume with physiotherapy.  If third-party negligence was responsible for your injury, you could be entitled to claim for a broken foot. Typically, negligence can be established if your accident meets the following criteria:

  1. Did the third-party owe you a duty of care?
  2. Was the third-party in breach of this duty?
  3. Were you injured as a result of this breach?

Common Broken Foot Accidents

For a third-party to be held liable for your injury, they must have breached a duty of care that they owed to you. Bodies that commonly owe a duty of care include:

  • Employers
    • If somebody didn’t stack a shelf correctly, a heavy item could fall onto your foot, leading to injury. In such circumstances, your employer could be held liable under the Health and Safety at Work etc. Act 1974 for your broken foot
  • Those in control of public places
    • If you slipped on an icy surface that should have been gritted, you could be entitled to claim for a broken foot against the retailer. Under the Occupiers’ Liability Act 1957, those in control of public places, including parks and shopping centres, are all subject to public liability obligations. Therefore, if you’re injured in a public place and third-party negligence is responsible, you could be entitled to compensation.
  • Road users
    • If you sustained a broken foot in a collision caused by a careless driver, they could be held liable for breaching the Highway Code. Road traffic accidents (RTAs) resulted in over 157,530 casualties between 2018 and 2019.

Can A Broken Foot Cause Financial Issues?

After sustaining a foot fracture through no fault of your own, you may be experiencing financial shortfall as a result.  If you’ve had to pay out of pocket for expenses such as medical or care costs, or suffered loss of earnings as a result of your injury, you could be able to claim these back as special damages.  For more information, please continue reading to see how much you could be entitled to recover.

Add A Care Claim To Foot Injury Compensation

If you’ve suffered a broken foot, it’s likely that you may be experiencing a level of incapacity as a result. For day-to-day assistance, you could receive help from family and friends, also known as gracious care. But did you know that compensation could be claimed for the time they spent helping you? In such instances you can recover an hourly wage for their time, so log how many hours they helped you each week. Alternatively, you may have hired professional carers to provide home visits over your recovery period. In this case, the value of compensation is decided using any invoices raised. Therefore, it’s vital that you retain such records to evidence your claim. In addition, it’s possible to claim for any usual care your injury prevented you from giving. For example, if you used to assist a vulnerable relative before your accident, you could claim for the cost of a carer who helped in your place.

How To Value Compensation Amounts

If you instruct a personal injury lawyer to represent you, as part of the process they’ll ask you to undergo a medical assessment with an independent expert.  At your appointment, you can expect to be physically examined and questioned about your accident. The expert will assess whether the injury was caused in a manner consistent with the accident, determine the extent of your suffering and the long-term suffering. This prognosis helps value your claim.

General Damages

Personal injury claims have two heads of damages that can be claimed; general and special damages. General damages compensate for physical and psychological harm, such as a foot fracture. It takes into account the trauma of the injury, the impact on your life and how painful treatment was. 

Special Damages

Special damages attempt to account for injury-related costs, including:

  • Expenses
    • E.g. prescription fees, travel costs to medical appointments, and care payments
  • Loss of earnings
    • Accounts for unpaid sick leave and predicted loss of future income

The purpose of special damages is to restore you to the financial position you were in before the accident. If you intend to claim special damages as part of a broken finger claim, note that it’s vital to retain a record of any costs incurred.

Case Study: £80,000 For A Foot Fracture

Mr Sutton was a warehouse operative unloading stock when his foot was run over by a forklift truck. As his employer didn’t provide him with steel toe cap boots, a required piece of Personal Protective Equipment (PPE) under the Health and Safety at Work etc. Act 1974. The forklift crushed Mr Sutton’s foot causing him immediate pain. Upon visiting A&E, Mr Sutton received an x-ray identifying serious foot fractures. He was administered with supportive dressing and a medical boot, which encourages gradual weight-bearing to aid healing. These were worn for an initial period of 2 months, after which physiotherapy sessions were undertaken to help regain mobility.  However, Mr Sutton’s doctor later discovered he had developed severe osteoarthritis as a result of his accident, preventing him from returning to work and causing permanent pain and limited mobility. Mr Sutton decided to make a claim for a broken foot against his employer, holding them liable for breaching their duty of care to ensure safety in the workplace.   With the help of his colleagues who witnessed the accident, Mr Sutton was able to record the scene of the accident, taking photographs and obtaining witnesses’ contact details. Once connected with a personal injury lawyer who helped him build his case, this evidence meant he had the best chances of making a successful claim for his broken foot. Once his employer accepted liability, Mr Sutton was awarded £35,000 in general damages. The settlement accounted for the severity of his injury and the impact on his life. However, the bulk of Mr Sutton’s claim was in special damages, receiving a sum of £45,000. Special damages aim to cover costs relating to the injury, with a break-down presented in the table below:

Type of Special DamagesIncludesHow Much?
Travel ExpensesTo and from appointments/treatmentMr Sutton was unable to drive so was awarded £210 for travel expenses.
Medications/PrescriptionsPrescriptions, treatment, physiotherapy, walking aids, etc.Mr Sutton was prescribed painkillers throughout his recovery, for which he was reimbursed £150.
Additional CareProfessional care at home, from family, childcare, etc.At the time of his accident, Mr Sutton had daily care duties to his elderly mother. As his injury prevented him from carrying-out such duties, like shopping and cleaning, he was awarded £1,040 for professional home visits.
Future LossLoss of Earnings, future loss of earnings, potential future careMr Sutton’s job as a warehouse operative earnt him £20,000 per annum. At the time of his accident, he was 64, intending to work until retirement at 66. As he was unable to work these remaining 2 years, he was compensated £41,000. This sum also accounted for his missed yearly attendance bonuses of £1,000.
Cleaning/GardeningInability to perform domestic tasks or participate in leisure/social activities as normalAs Mr Sutton was unable to complete domestic tasks as usual and was awarded £600 for a cleaner and gardener.
The case of Mr Sutton 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 they are valued.

Expert Compensation Calculator Estimates

If you’re looking to make a claim for a broken foot, you may be wondering how much compensation you’re entitled to. We advise against the use of online ‘personal injury claims compensation calculators’, as they often provide inaccurate estimates. As a result, many claimants believe they’re entitled to more than they receive in their actual settlements.  For a consultation that you can rely on, our team of specialist advisors are available 24/7 to offer free and impartial advice on your situation. Contact us today to see how our panel of personal injury lawyers could help you get the most out of your claim.

Use No Win No Fee Services For Foot Injury Claims

In our experience, we know that the financial risk involved in making a claim can be off-putting. Even if you know you weren’t responsible for your injury, expensive solicitors’ fees may seem unattainable.  However, did you know that a No Win No Fee agreement means you don’t pay your solicitor’s fees unless they win your case for you? Our panel of personal injury lawyers always works on a No Win No Fee basis to win you the compensation you deserve, leaving you to focus on recovery. If they win your case for you, they’ll take a small ‘success fee’ as part of the agreement. But don’t worry about losing your compensation, as this is a legally-capped percentage of your settlement, meaning you can get the most out of your claim.

Where Are The Best Personal Injury Lawyer For Your Claim?

In claiming for a broken foot, acquiring the help of a personal injury lawyer can not only boost your claim’s chances of success but maximise your compensation payout. Technological developments have changed the legal system to enable virtual communication with clients. Therefore, if your initial thought is to search for a solicitor near you, consider whether you could be limiting your claim’s chances of success by confining your search locally. We know that selecting a solicitor can be a daunting task given the number of firms promising the best service. To narrow your search, we recommend online reviews. From first-hand experiences of past clients to solicitors’ success rates, you can get a better understanding of what’s on offer. Ultimately, see whether a service is recommended or not. With clients across the nation, our panel of personal injury lawyers can provide you with regular updates on your claim via telephone, email or even face-to-face if you’d like. Get in touch today to learn more about our services and see how we could help you.

Contact Our Specialists

If you’re looking to claim for a broken foot, our advisors are available 24/7 to provide you with a free consultation.  Call 0800 408 7826 today or use our live chat feature on the bottom right of your screen to get in touch. Whatever your situation, our panel of personal injury lawyers could help you win the payout you deserve. Whatever your situation, our panel of personal injury lawyers could help you win the payout you deserve.

References

 

Guide by OL

Edited by RI