If you were involved in a serious accident that caused an amputation injury and a liable party was at fault, you might be eligible to claim compensation. This guide examines claiming toe amputation compensation.
Firstly, we take a look at how compensation could be awarded for successful personal injury claims, with a focus on toe and foot injuries. Also, we explain how you can recover the out-of-pocket expenses incurred as a result of suffering an amputation.
This is followed up with a look at the eligibility criteria that must be met in order to seek compensation for your foot injury. We’ll provide examples of real-life situations that could result in losing a toe.
If you think you have a valid compensation claim, you might be interested in how the claims process works. We explore how to start a personal injury claim and how a solicitor could help you through the process on a No Win No Fee basis.
Opting to claim compensation following a toe injury could get things back on track and help to recoup any financial losses you have suffered due to your injury. Contact our advisors today to see if you could claim personal injury compensation.
- Put your details into our contact form.
- Call our friendly team on 0800 408 7825.
- Click on the live chat option.
Browse Our Guide
- How Much Toe Amputation Compensation Can I Claim?
- Am I Eligible To Claim For A Toe Amputation After An Accident?
- Examples Of Toe Amputation Compensation Claims
- How To Start A Toe Amputation Claim
- Why Choose Public Interest Lawyers For Your Claim?
- More Information
How Much Toe Amputation Compensation Can I Claim?
Losing a toe or toes can be a traumatic and life-altering event, and understandably, you might want to know the amount of compensation you could receive. As all successful personal injury claims differ from each other, it makes sense that all settlements are also different. This is due to claims being valued on their own merits.
So, we can’t tell you in this guide how much compensation you could receive for your amputation injury. However, we can explain how this compensation could be awarded for a successful claim. Alternatively, if you would like an individualised valuation, you can contact our advisory team 24/7 to discuss how much your claim could be worth.
Factors That Go Into Calculating Compensation
Personal injury claims compensation could be made up of two sections: general damages and special damages.
General damages are calculated based on the pain and suffering you are dealing with after an accident. This can be physical pain, psychological pain, or both. For example, you could claim for depression as well as ongoing foot pain when pursuing toe injury compensation.
Additionally, general damages may consider your loss of amenity. This is the change to your lifestyle and overall enjoyment out of life. For example, if your toe is amputated and you were a keen dancer or played 5-a-side football but are now unable to pursue your hobbies, the settlement could consider this.
Those responsible for valuing your claim may refer to your medical records alongside the Judicial College Guidelines (JCG) to calculate how much compensation you could be awarded for general damages. The JCG provides a guideline list of compensation values for different types of injuries.
Aside from the first row, entries in the table below have been taken from the Judicial College Guidelines.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Multiple Instances of Severe Injury and Special Damages | Very Severe | Up to £250,000+ |
| Foot Injury | Very Severe | £102,470 to £133,810 |
| Toe Injuries | Amputation of All Toes | £44,570 to £68,430 |
| Amputation of the Great Toe | In the region of £38,210 | |
| Severe | £16,770 to £25,710 | |
| Serious | £11,720 to £16,770 |
Please note that the amount of toe amputation compensation you receive could be less or more than the guideline figures above.
You can find out more about special damages in the dedicated section below.
Special Damages And How They Affect Your Claim
Special damages are the part of a settlement that reimburse any financial losses you have suffered as a result of your injury. The special damages you can claim will vary, but, after losing a toe, you could potentially claim for:
- At-home care, including childcare, nursing care, and cleaning help.
- Prescriptions.
- Ongoing medical treatment.
- Transport to and from medical appointments.
- Medical aids, such as crutches or a walker.
- Loss of earnings, especially if you were forced to take extended time off work.
If your claim is eligible, your solicitor will advise you on which special damages you can claim for when pursuing toe injury compensation.
Am I Eligible To Claim For A Toe Amputation After An Accident?
There are various ways in which you could suffer a toe amputation. For example, a traumatic amputation could occur in a workplace accident if appropriate personal protective equipment isn’t provided. Alternatively, a crush injury could lead to a surgical amputation. Medical negligence, as well, could cause toe amputations.
However, becoming injured does not necessarily mean you can automatically claim toe amputation compensation. You must be able to prove that you satisfy claims eligibility criteria. To claim, you must be able to prove that:
- A duty of care was owed to you.
- The duty of care was breached.
- You suffered physical or psychological harm because of this breach.
A duty of care is a legal obligation that others – for example, your employer or the owner of a restaurant – must follow. Those it applies to must, to a reasonable degree, act in a way that prevents harm to you.
Accidents At Work
While you are at work, your employer owes a duty of care to you. This means that you and everyone else who works there should be able to expect that your employer has undertaken all reasonably practicable steps to ensure employee health, safety and welfare while carrying out job-related duties. This is set out in the Health and Safety at Work etc Act 1974. and all employers must abide by it.
A few examples of steps your employer could take include:
- Provide the correct personal protective equipment (PPE) to employees who require it.
- Ensure all equipment is regularly checked, maintained, and replaced when necessary.
- Ensure that all staff are provided with the necessary up-to-date training required to carry out their job role safely.
- Perform risk assessments often to identify and reduce hazards.
If your employer did not do the above and you lost a toe or toes due to it, you might be eligible to make an accident at work claim.
Public Liability
You may not think it, but toe amputation claims can be made even if the accident occurred in a public place. Per the Occupiers’ Liability Act 1957, all occupiers of a space must take reasonable steps to remove risks from that area. For example:
- Carrying out regular risk assessments.
- Replacing faulty equipment or flooring.
Occupiers are the people in charge of a specific area, such as the council being in charge of the pavement or a person owning a cafe you are visiting. If you sustain an injury that results in a toe amputation because the occupier failed to comply with their duty of care, you could have good ground to launch a public liability claim.
Road Traffic Accidents
Just like at work and in public places, all road users owe each other a duty of care to safely navigate the nation’s roads and avoid causing injury and damage. To comply with their duty, they need to adhere to the Road Traffic Act 1988 and the Highway Code. Some of the rules in the above acts that road users must adhere to are:
- Abiding by speed limits.
- Not being distracted by phones or other issues while driving.
- Letting pedestrians cross at the designated areas.
- Paying attention to all road signs.
For example, if a car driver fails to stop at a zebra crossing, they could run over a pedestrian’s foot, resulting in crush injuries that require toe amputations.
If you sustained a toe amputation due to another driver failing to comply with road traffic rules and regulations, you could make a road traffic accident claim.
Medical Negligence
There are certain situations in a medical setting where a healthcare professional’s failure to comply with their duty of care could result in the need for your toes to be amputated. When you seek medical attention, those providing you with treatment automatically owe you a duty of care to provide this care and treatment to the expected standard. If they don’t meet this expected standard and you suffer avoidable harm as a result, you could have a valid reason to seek compensation through a medical negligence claim.
For example, if you present to A&E with tell-tale signs of meningitis but there is a delay in diagnosis, you could need your forefoot amputated. Or your GP may have failed to relay diabetes test results to you, leading to the condition worsening and requiring toe amputations.
If you have any questions about the eligibility to claim toe amputation compensation, please speak to a member of our team. They can give you a free eligibility check and if you meet the requirements, you could be connected to one of the No Win No Fee solicitors from our panel.
Examples Of Toe Amputation Compensation Claims
There are several ways toe injuries can occur. However, in order to make a toe amputation compensation claim, you need to meet the criteria we discussed above. Some examples are:
- Slip, trip, and fall accidents.
- Handling heavy and/or defective work equipment.
- Not being trained in carrying out a task.
- An object not being stored properly.
- Being run over or hit by a vehicle.
These are only a few examples of the types of accidents that can lead to severe crush injuries and amputation. If any of the above reasons were caused by a breached duty of care, you could claim compensation for your toe injury. Speak to us about the incident that caused your toe injury today.
How To Start A Toe Amputation Claim
To begin a claim for toe amputation compensation, we recommend collecting all the evidence you can – more on this below. Some types, such as CCTTV footage, have a time limit of thirty days. Because of this, it’s better to begin as soon as possible.
Next, reach out to a member of our advisory team. Our advisors will inform you whether your claim is valid. If you are eligible to claim, you will be connected to a solicitor from our panel who will work with you throughout the claims process. The defendant (who you are claiming against) will be informed, and your claim will begin.
Gathering The Right Evidence To Support Your Claim
For personal injury claims, the kinds of evidence needed are similar. To pursue toe amputation claims, we recommend gathering the following types of evidence.
- Proof of training you had or did not have (if claiming for an accident at work).
- Faulty PPE.
- CCTV footage of the accident, or dashcam footage if claiming for a road traffic accident.
- Contact details of any witnesses.
- Contact and insurance information from the other driver, if you suffered your toe injury in a car accident.
- A copy of your medical records.
- Receipts (for special damages).
How Long You Have To Start A Claim
Under the Limitation Act 1980, you have three years to start a personal injury claim. These three years begin from the date of the accident.
In certain cases, there are exceptions to this time limit, such as if the injured party is under 18 or if they lack mental capacity. In such cases, a litigation friend may be required. Our advisors can give you more information regarding this. Call today.
How Long It Can Take To Get Toe Amputation Compensation
Once personal injury claims have begun, there’s no time limit. Claims can take anywhere from a few months to years to settle. Some aspects that could prolong a claim include the defendant refusing to accept liability, your claim going to court, and evidence being difficult to obtain.
However, you should receive compensation within a month once your claim has been settled.
Why Choose Public Interest Lawyers For Your Claim?
At Public Interest Lawyers, our panel of solicitors have decades of experience in winning toe amputation compensation for their clients. If your claim is accepted, your solicitor will:
- Explain all legal jargon.
- Represent you in court if required.
- Offer support throughout the claims process.
- Let you know what you can and cannot claim for and ensure that all damages are accurately accounted for.
- Answer all questions and queries you might have.
What’s more, our panel accept claims under a type of No Win No Fee agreement that is known as a Conditional Fee Agreement. This type of agreement means you only need to pay solicitor’s fees if your claim is successful. This fee is taken as a success fee from the compensation that has been awarded to you. It is a percentage that has been limited by a legislative cap. However, if you are not awarded compensation following an unsuccessful claim, your solicitor will not charge you for their work on it.
This type of arrangement is especially beneficial if you are already struggling due to financial losses but wish to pursue a claim.
More Information
We hope our guide has been useful. Contact our advisors today. They’ll listen to the circumstances of the accident that resulted in losing a toe. They can offer you free advice about your next steps. Furthermore, f you are eligible, they can help you get a claim started. Additionally, they can value how much compensation you could be eligible for. To speak to the team:
- Putting your details into our contact form.
- Calling our friendly team on 0800 408 7825.
- Clicking on the live chat option.
The below links may also be useful.
Here are a few further guides from our website:
- See if you’re entitled to full pay after being injured at work.
- Read what to do if you fall down stairs at work.
- Discover some of the most common accidents at work.
These external links might also be helpful:
- HSE.GOV.UK – Learn detailed information about health and safety at work.
- NHS.UK – Learn about lesser toe amputation.
- NHS.UK – See whether you need to self-fund your care.
Please get in touch if you have any further questions about toe amputation compensation.
