A Case Study and Guide To Making A Claim For A Broken Foot
You could make a claim for a broken foot injury provided it wasn’t your fault. Our panel of personal injury lawyers covers all areas of the country, helping people win cases like this. The injury may have been the result of an accident at work, an accident in a public place, or if you were involved in a road traffic accident. Our panel of lawyers have handled thousands of successful personal injury cases and can help you access the best free legal advice available.
Below is a case study which is purely an example but is based on past cases handled by our panel of personal injury lawyers. We hope it sheds some light on the claims process.
If you have any questions that arise when reading this guide or if you would like to make a claim for a broken foot, you can begin by contacting us today on 0800 408 7826. We’ve available 24/7 to discuss your situation with no obligation to proceed.
Select A Section
- A Guide To Calculate Broken Foot Compensation Claims
- What Are Metatarsal Fractures?
- Financial Losses From Broken Feet
- Add A Care Claim To Your Final Settlement
- We Can Help Calculate Compensation Amounts
- £80,000 Case Study: Foot Fracture Compensation Payouts
- Call For A Free Compensation Estimate
- You Can Use No Win No Fee Agreements
- Where Are The Top Quality Personal Injury Lawyers?
- Contact Our Team
- Further References
The Labour Force Survey, published through the HSE, found that over 690,000 people sustained injuries at work in 2019/20, many of which could have involved broken ankles or foot injuries. In this article, we’ll explain how to identify a broken foot injury. We’ll discuss what a personal injury solicitor could obtain for you in compensation if this happened either as a workplace accident, an accident in a public place or as a result of the reckless driving of someone else.
A successful personal injury claim hinges on proof that the defendant was in breach of the lawful ‘duty of care’ that they owed to you, so we’ll look at the legislation that binds them to that. Also, we will explain the process of valuing compensation amounts, followed by a case study to illustrate a typical scenario involving a serious foot injury.
At the end of this article, we’ll explain how we can help you calculate your own compensation, and how you can take advantage of our No Win No Fee service. Finally, we look at where to find the best lawyers to handle your claim for a foot fracture at work, or as a public liability claim anywhere else.
A metatarsal fracture is a break or hairline crack to any of the 26 bones in the foot. An injury like this usually happens as a result of impact with a heavy object or repeated strain on a certain part of the foot. It can also happen when a person twists their ankle.
Foot injuries are very painful given the necessity to use our feet so much, and multiple injuries can require a healing time of 4 – 6 weeks, or longer depending on severity. For more information on feet and toe injuries visit the NHS website.
After the shock of your accident has subsided, there are three crucial points to establishing negligence and blame in your broken foot claim. These are:
- That the defendant owed you a duty of care
- This duty was breached, leading to an accident
- As a result of that accident, you suffered an injury
We’re able to assist with claims against employers (employer’s liability claims) against bodies in control of public spaces (public liability claims) and those harmed in road traffic accidents. Let’s consider the duty of care in each type of case.
- Your employer is required by law to uphold a ‘duty of care’ under the Health and Safety at Work etc. Act 1974 to ensure their employees are safe and free of the risk of harm at work, so far as it is reasonably possible. Were your employers fully compliant with this? Did they breach their duty to you?
- Likewise, those in control of public places have a duty of care under the Occupiers’ Liability Act 1957 which outlines precisely the expectations made upon them.
- Lastly, in Road Traffic Accidents or RTA’s, all other road users, irrespective of age or experience have a duty of care as described in the Highway Code. This applies to everyone on the roads and if your broken foot was the fault of someone else here, you could make a claim.
Given their crucial importance in body function, it’s almost certain you will suffer a financial impact from a broken foot. Serious foot injuries can make every movement very painful and learning to use crutches or even a wheelchair can be a massive upheaval.
The implications of this injury may mean that you cannot go to work, use your home properly, drive, look after children or function at anything near normal ability in your daily life for some time. A double foot injury is a very serious incapacitation that will undoubtedly have a financial impact.
At this point, a lawyer handling your claim for a broken foot will explore special damages with you. An umbrella term for all the various financial expenses you might incur, this is a way to ensure you are restored to the financial position you were in before the accident, as well as taking into account any future financial repercussions of the injury.
An inability to walk will challenge every aspect of your independence. Mobility, shopping, cleaning, personal care and work will all be massively compromised until you heal fully. If you cannot rely upon the goodwill of family and friends to help you (this is called ‘gracious care’), you may need to pay for a carer.
The costs of professional care can be prohibitive, in fact, the NHS estimates that this sort of help can cost as much as £1,500 per week. When it comes to reclaiming these expenses, the costs to family and friends must be gauged and recorded carefully by you, whereas a paid carer can simply provide evidential invoices of costs.
Either way, you need to prove the care was given due to incapacitation as a result of your accident and a personal injury lawyer can offer vital advice on how best to do this. For further information contact the number at the top of the page or speak to our ‘live support’ team on our website, bottom right.
In order to prove a personal injury claim, it’s always necessary to have a medical assessment. The object of this is for a medical professional to establish that the injuries you are suffering were a direct result of the accident and not caused by some underlying or pre-existing condition. Once this has been satisfied there are two types, or ‘heads of claim’ you can access.
General damages are designed to account for the physical pain, psychological suffering and the detrimental impact the injury has had on your life.
An organisation that provides guidance on compensation awards called the Judicial College offers a set of guidelines on the potential pay-outs in general damages’ for a broken foot claim.
According to them, a severe injury to both feet, or particularly very bad injury to one, can have a potential payout bracket between £40,000 to £65,000. This applies to a foot injury that includes life-altering consequences and permanent damage.
Special damages cast a wider net and allow you to really consider the financial impact of your accident. The types of costs you can apply for under special damages are:
- Loss of earnings
- Medical expenses such as medications
- Travel costs to hospital appointments and physiotherapy
- The cost of any care
It’s important to note that you can claim under both, so under the correct circumstances, even a simple injury to the foot could result in substantial damages.
Peter had worked at the brewery for about 3 years and was in charge of quality control on the factory floor. Each day he was required to spot check random kegs of lager and beer to ensure that they met the standards to go on to distribution. It was a fairly fast-paced environment and it was important that the machinery and conveyor belts were maintained well to keep things moving.
On the day of his accident, the brewery was working at full capacity to meet a large order. A few of his colleagues had raised concerns that working at this capacity would cause problems and that trying to process too many of the 60kg metal barrels would risk overloading the system. Management told them to press ahead anyway.
Sure enough, the conveyor belt malfunctioned and a steel barrel rolled off, landing directly on the bridge of both Peter’s feet, crushing the metatarsal bones in several places.
After the medical assessment, it was determined that Peter would need at least 3 months off work. He was confined to a wheelchair for a month with broken foot ‘boots’ and crutches required for the majority of his rehabilitation. With his life turned upside-down, Peter considered his options with a No Win No Fee lawyer.
With both witness statements and onsite CCTV footage, Peter’s lawyer was easily able to prove that the management had been in breach of their care of duty by insisting that the machinery be overloaded to meet this order, which in turn endangered the welfare of their workers.
Peter’s case was successfully settled in his favour and he won £80,000 in compensation. In addition to general damages, the amount reflected his loss of earnings, medical costs and the pain and suffering inflicted due to this accident as follows:
|General damages||Special damages|
|Severe, life-altering injuries to one or both feet have a potential compensation award of between £40,000 - £65,000 according to the Judicial College Guidelines.|
In Peter's case, he was awarded £65,000.
|Loss of earnings for 3 months - £9,000|
|Carer costs - £2,500|
|Rehabilitation and physiotherapy - £2,000|
|Travel costs - £500|
|Special modifications and use of wheelchair/crutches - £1,000|
The case of Peter is purely an example, but it illustrates the scope for much wider-ranging damages when you consult a personal injury lawyer. If you feel that an accident was preventable at work or in any public space, contact our team today and discuss your broken foot claim with them.
The calculations above are based on the guidelines provided by the Judicial College but it’s important to note that personal injury compensation calculators can easily generate misleading figures that may, in fact, be underestimating the potential payout to you. You might be entitled to more.
It’s always advisable to speak to knowledgeable experts like our team who can assess your broken foot claim value and advise you on what payout you could recover. Every caller receives totally free, legal advice and support during our no-obligation consultation.
No Win No Fee claims are designed to help people access the justice and compensation they deserve for their foot injury at no upfront cost to them. This can be particularly helpful when it comes to fractured foot injuries, as mobility issues are immediate and expensive. The maximum compensation possible will go a long way to help with this.
Essentially, if your case does not succeed, you will not have to pay any of your solicitors fees. Under such an agreement, you won’t have to pay any upfront costs, nor any costs while the case is ongoing.
If your case is successful, your personal injury lawyer will seek a nominal fee called a ‘success fee’ (capped by law) which is deducted only after the compensation has been won, leaving the bulk of the money for you.
The precise location of a solicitor is no longer important thanks to the internet. Google searches will generate thousands of personal injury firms to choose from, so how do you find the right one for your broken foot case? We recommend that you read reviews. They give great ‘first hand’ information about a firm. Specifically, look out for the following:
- See how quickly the case was settled for other claimants
- How well did the solicitors communicate?
- Did the client get the desired result?
Thank you for reading our guide. We hope that it’s been informative and helpful in your search for how to approach a broken foot claim and sets out the advantages of using a No Win No Fee lawyer to recover the best possible compensation award. For free, legal advice and support, with no obligation to proceed,
- Call our friendly team on 0800 408 7826 to discuss your case today.
- You can write to us with details of your case by clicking here.
- Or you can talk to our ‘live support’ team online by using the box, bottom right.
Thank you for taking the time to read our guide about making a claim for a broken foot. Below, you can find some further resources you may find useful.
Guide by WA
Edited by BI