£45,000 Compensation Payout For A Crushed Toe – Case Study & Guide To Calculating Crushed Toe Compensation

£45,000 Compensation For A Crushed Toe

Crushed toe compensation

Crushed toe compensation

Have you sustained a crushed toe injury through no fault of your own? If someone else was responsible for it, you could be able to hold them liable through a personal injury claim. 

This article aims to help you understand the claims process, explaining everything from how to establish liability to how much crushed toe compensation you could be entitled to. 

If you’d like any additional information, please reach out to one of our specialist advisors today and see how our panel of personal injury lawyers could help you:

Select a Section

  1. A Guide To Compensation For A Crushed Toe
  2. What Is A Crushed Toe?
  3. Does A Crushed Toe Cause Financial Losses?
  4. Common Causes Of Crushed Toes
  5. Add Care Claim Settlements To Your Payout
  6. How Your Solicitor Calculates Compensation Claims
  7. Case Study: £45,000 Compensation For A Crushed Toe Claim
  8. Get A Free Estimate
  9. Discussing No Win No Fee Agreements
  10. High-Quality Personal Injury Solicitors For Your Case
  11. Chat With An Expert
  12. Further Guidance

A Guide To Compensation For A Crushed Toe

In this guide to personal injury claims, we’ll begin by helping you identify a crushed toe injury and list some example accidents caused by a third-party that could be responsible. 

Next, we’ll present some potential impacts of a crushed toe injury, including physical, psychological, and financial issues. To help you understand the criteria needed to make a claim, we’ll discuss how you could establish third-party liability and the different types of damages that could be compensated. 

We’ve also included an example case study of ‘Mr Thorpe’ to help illustrate how compensation is calculated in a successful claim for a crushed toe. 

Finally, we’ve added some additional resources that may be of use, including our advice on selecting a solicitor to handle your case. Our panel of personal injury lawyers not only ease the claims process but increase the amount of crushed toe compensation you could receive. 

Please contact one of our advisors today to learn more about our services.

What Is A Crushed Toe?

A crushed toe injury commonly occurs as a result of a heavy blow to the foot, impacting bones, ligaments, nerves and blood vessels. If forceful enough, the impact may cause a cracking or crunching noise, signalling a broken toe. 

Crushing injuries often entail multiple severe fractures, where the bone may have shattered into small pieces. This can also be indicated by pain, swelling and limited movement. 

Typically, mobility exams and x-rays are used to identify any damage, with a cast or medical boot then administered to protect the affected area and allow it to heal correctly. However, if bones are more severely dislocated, they may require surgery. 

Broken toes typically require around 6 weeks to heal with physiotherapy but recovery periods are prolonged in cases of surgery.

Does A Crushed Toe Cause Financial Losses?

Experiencing financial shortfall in the wake of an accident that wasn’t your fault is common. If you’ve sustained a crushed toe injury, you may be unable to work and subsequently suffer a loss of income. 

You may have even had to pay for things like medical bills out of your own pocket, leaving you with a worse financial standing than you had before your injury. 

However, these costs can be recovered through special damages as part of your personal injury claim. In addition to your crushed toe compensation, you could also claim for any injury-related expenses you incurred. 

For more information on special damages, please continue reading or speak to one of our specialist advisors today.

Common Causes Of Crushed Toes

Did you know that you could receive crushed toe compensation if the injury wasn’t your fault? If the third-party responsible owed you a duty of care and you were injured because they were in breach of it, they could be held liable. 

If you’re wondering whether you have grounds to make a personal injury claim, we’ve provided some examples below of how you could establish third-party negligence:

  • Employers have a duty of care to employees under the Health and Safety at Work etc. Act 1974. Therefore, you could be entitled to claim crushed toe compensation if your injury was caused by your employer’s negligence.
    • A report found that slips, trips and falls accounted for a third of all major workplace injuries, with around 95% resulting in broken bones. If a heavy object that should have been secured landed on your toe, you could be able to claim against your employer.
  • Those controlling public places have a duty of care to visitors under the Occupiers’ Liability Act 1957. Therefore, you could be entitled to claim crushed toe compensation if your injury was caused by the negligence of those controlling the public places in question.
    • E.g. if you slipped on a wet shop floor with no hazard sign, you could be able to make a public liability claim against the retailer.
  • Road users have a duty of care to each other under the Highway Code. Therefore, if your injury was caused by another road user’s negligence, you could be entitled to claim crushed toe compensation.
    • A report found that over 157,630 people were injured in road traffic accidents (RTAs) on Britain’s roads. If you were injured in an RTA caused by another road user, you could be able to claim against their insurance.

Add Care Claim Settlements To Your Payout

If you’ve sustained a crushed toe injury, you may be experiencing some level of incapacity as a result of your reduced mobility. 

Whether you had help from family and friends (gracious care) or you paid for a professional carer, any assistance you received could be compensated as part of your personal injury claim, regardless of whether you spared any expense on it. 

To recover professional care costs, any invoices raised are reimbursed. Therefore, we advise you to keep hold of any paper trail to evidence your claim. To value compensation for gracious care, the average local rate of a professional carer is used according to the time spent looking after you. The amount is then reduced due to the fact that the service you received was non-commercial. 

You could also claim care costs for any care that you were unable to provide as usual due to your injury, such as childcare. For more information on care claims, please speak to one of our specialist advisors today.

 How Your Solicitor Calculates Compensation Claim

In order for your solicitor to be able to evidence your claim and value your case, they’ll arrange for you to undergo a medical assessment with an independent expert. 

At your appointment, you’ll receive a physical examination and will discuss your accident with the expert. This allows them to assess the impact your injury has had on your life, as well as corroborating any information you provided about how you sustained it. 

Therefore, it’s vital that you attend or you may risk losing out on the crushed toe compensation that you deserve. 

Our panel of personal injury lawyers can arrange your appointment for you using our nationwide network of medical specialists, ensuring your assessment is as convenient as possible. If you’d like to learn more about our services, please contact one of our advisors today.

General Damages

As part of your personal injury claim, there are two heads of damage that could make-up your compensation payout; general and special damages. For crushed toe compensation, general damages account for the physical and psychological trauma you experienced as a result of your injury, as well as the impact on your enjoyment of life.

Special Damages

Special damages can be additionally claimed to cover any expense incurred as a result of your injury. This attempts to restore you to the financial position you were in prior to your accident, as well as covering any loss your injury may cause in the future. Costs that can be recovered include but aren’t limited to:

  • Loss of income and impact on future earnings
  • Repairing or replacing damaged property
  • Medical expenses

Case Study: £45,000 Compensation For A Crushed Toe Claim

At the time of his accident, Mr Thorpe was a yoga instructor driving to a class at his studio. However, when another car made a dangerous turn across his lane without warning, Mr Thorpe was forced to swerve and ultimately ended up crashing into a tree. 

The impact trapped Mr Thorpe’s foot in the footwell, where it remained until emergency services were able to free him from his vehicle. An x-ray at A&E identified multiple fractures in Mr Thorpe’s toes, which had been crushed in his accident. Due to the awkward positioning of the fractures, Mr Thorpe’s toes were severely dislocated and required surgery. After which, a medical boot was administered and painkillers were prescribed across his recovery period. 

Mr Thorpe required crutches for the first 4 weeks of his rehabilitation, after which, he achieved adequate mobility without them. For the next 8 weeks, he embarked upon a physiotherapy plan to rebuild strength and movement, with gradual weight-bearing encouraged. 

This brought Mr Thorpe’s recovery period to around 12 weeks, during which time he was unable to drive, work or even carry-out daily tasks as normal, resulting in significant financial losses. 

As Mr Thorpe knew that another road user was responsible for his injury, he decided to pursue crushed toe compensation by making a personal injury claim. A friend who came to meet him at the scene of the accident had taken photographs and obtained contact details of witnesses, which meant Mr Thorpe had a good foundation of evidence to begin legal proceedings with. 

To ensure his claim had the best chance of success, Mr Thorpe acquired help from a personal injury lawyer. In building his case, Mr Thorpe’s solicitor collected witness statements – and crucially – another road users’ dashcam footage of the accident, supporting his claim. 

Given the evidence against him, the insurer of the driver responsible for Mr Thorpe’s injury admitted liability and a settlement was reached. For general damages, Mr Thorpe was awarded £29,000 in crushed toe compensation. This figure was based upon the severity of his injury and the lengthy recovery period he endured as a result of his surgery. 

Mr Thorpe also recovered around £16,000 in special damages to account for damage to his car, medical bills, loss of earnings and other such injury-related costs, as presented in the table below: 

Type of Special Damages:Includes:Value:
Travel ExpensesTo and from medical appointmentsAs Mr Thorpe’s toe injury left him unable to drive, he received £440 in travel expenses for his recovery period.
Medications/PrescriptionsPrescriptions, treatment, walking aids, etc.For the prescription painkillers he took and the specialist treatment he received, Mr Thorpe recovered £420.
Additional CareProfessional care, gracious care, childcare, domiciliary care etc.As Ms Thorpe’s injury prevented him from completing day-to-day tasks as normal, he received £760 for the gracious care he received from family and friends and the professional care he received after surgery.
Future LossLoss of earnings or potential future financial lossAs Mr Thorpe’s injury forced him to take 12 weeks off work, he was awarded £11,200 in loss of salary.
Cleaning/GardeningCleaning, gardening, areas that require consistent attentionFor help with domestic tasks that Mr Thorpe assistance with during his recovery period, he was awarded £480 for a gardener and a cleaner.
Damage to PropertyCost of repairing or replacing property damaged Mr Thorpe received £2,700 to pay for repairs to his car.
 

This case study of Mr Thorpe is purely an example, created using our experience with personal injury claims. Its purpose is to illustrate how accidents can happen and how claims are valued.

Get A Free Estimate

If you’re wondering how much you could be entitled to in crushed toe compensation, we would advise against using personal injury ‘compensation calculators’. As they fail to consider the facts that make your case unique, they provide generalised estimates at best.

 For a personalised consultation that you can rely on, please contact our panel of personal injury lawyers today. Using specialist knowledge gained over years of experience valuing claims, we can provide you with a reliable figure, free of charge.

Discussing No Win No Fee Agreements

If you’re worried about the financial risk involved in making a claim, our panel of personal injury lawyers always works on a No Win No Fee basis to ensure your peace of mind. 

As part of these agreements, you don’t pay any of your solicitor’s fees if they don’t win your case. In addition, there aren’t any hidden fees you need to watch out for either. Therefore, you could pursue your claim for crushed toe compensation regardless of your financial circumstances. 

If your claim is successful, you’ll pay your solicitor what’s known as a ‘success fee’ to cover their legal costs. However, this charge is transparent in that it’s legally-capped to ensure you still get the payout you deserve and will be set out in your No Win No Fee agreement. 

If you’re interested in claiming crushed toe compensation on a No Win No Fee basis, please speak to one of our specialist advisors today.

High-Quality Personal Injury Solicitors For Your Case

Finding a personal injury lawyer to handle your case for you can not only ease the claims process but increase the amount of compensation you could receive in your settlement. 

However, by selecting a solicitor near you, there’s a chance you could be hindering your claim’s chances of success. As law firms can now connect with clients virtually, the locality of your solicitor shouldn’t be a priority. 

Our panel of personal injury lawyers has clients all over Britain, offering updates via email, telephone, and even in-person meetings. 

In searching for a solicitor, we advise you to use online reviews to compare services, as they offer a unique insight into experiences that former clients have had. 

To see how our panel of personal injury lawyers could help you claim crushed toe compensation today, please get in touch with one of our advisors.

Chat With An Expert

If you’re interested in making a claim for crushed toe compensation, our No Win No Fee panel of personal injury lawyers could help you get the payout you deserve. To learn more about our services, please get in touch with us today:

Further Guidance

We hope you’ve enjoyed our guide to personal injury claims. If you’ve sustained a toe injury through no fault of your own, the following links may be of use:

 

Guide by OA

Edited by RI