If you've suffered a broken foot in an accident that wasn't your fault, contact us to find out how much compensation you could be entitled to.
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How much compensation for a broken foot?
If you or a loved one suffered a broken foot in an accident that was not your fault, you might want to claim compensation if someone else was legally responsible for it. This guide will explain when you can make a claim and how much compensation you could receive for a broken foot.
A foot fracture can significantly disrupt your life, causing pain, mobility issues, and financial strain. For medical information about diagnosis and treatment, you can read the NHS guidance on foot and toe fractures. It could be caused by situations such as falls, road traffic collisions, workplace accidents, sports and even faulty products.
To learn more about the claims process or to start a claim for a broken foot, call 0800 470 0472 or request a call back. An experienced legal adviser will offer you a free case assessment with no obligation to proceed.
Key points about broken foot compensation
- Eligibility: You may be able to claim if your foot was broken in an accident that wasn’t your fault.
- Accident Types: Workplace incidents, public falls, and road accidents are common causes of foot fractures.
- Time Limit: A claim should usually be made within 3 years of the injury, or 3 years from your 18th birthday if injured as a child, subject to some exceptions.
- Compensation: Varies depending on the type and severity of the fracture and may cover pain, mobility loss, and lost income.
- No Win, No Fee: Your solicitor may manage your claim on a no win, no fee basis, so you would only pay a success fee if you win compensation.
Table of Contents
What is included in a broken foot claim?
A broken foot compensation claim addresses all the losses you’ve suffered due to your injury. These include both tangible financial losses and subjective impacts on your life and well-being and are grouped into two types of damages:
General damages are part of the compensation awarded for losses that do not have a specific monetary value attached to them. However, these have a very real impact on your life and include:
- The immediate and long-term physical pain and discomfort caused by the injury
- Emotional and psychological trauma, such as stress, anxiety and depression
- Long-term disability and mobility issues
- Loss of amenities, such as the ability to engage in sports and hobbies
- The impact on your lifestyle and relationships
- The reduced quality of life suffered due to the injury
Special damages refer to the compensation awarded for specific financial losses and expenses directly incurred due to the injury. These are objective and quantifiable and could include:
- Lost wages due to time off work for treatment, recovery and rehabilitation
- The impact on your ability to return to your previous job
- Past and future medical expenses, such as prescriptions, physical therapy and mobility aids
- Travel expenses for medical appointments
- Care and assistance with daily tasks during recovery
- Modifications to your home or vehicle
- Any property that was damaged in your accident, such as clothing or electronic devices
Your final compensation payout will be calculated by carefully summing up all your losses. Your solicitor will aim to ensure everything is included and that you receive fair compensation.
How much compensation can I claim for a broken foot?
The compensation award for a broken foot injury claim will result from adding together the two types of damages mentioned above.
When calculating special damages, your solicitor will use tangible evidence, such as receipts, medical bills and payslips. For this reason, these losses are more straightforward to calculate.
On the other hand, general damages are often assessed with reference to the Judicial College Guidelines (18th Edition) and depend on the type and severity of the fracture you suffered. For example, you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| Foot Injuries | A foot injury with complete recovery or only minor ongoing symptoms | Up to £18,000 |
| Displaced metatarsal fractures causing permanent deformity and ongoing symptoms | £18,000 - £33,000 | |
| A serious foot injury causing ongoing pain or risk of future arthritis | £33,000 - £52,000 | |
| A severe foot injury, such as fractures of both heels or feet, with restricted mobility | £55,000 - £93,000 | |
| A very severe foot injury causing permanent severe pain or serious disability | £111,000 - £145,000 |
You can visit our personal injury compensation calculator to find out within minutes how much you could claim if you’ve suffered a broken foot injury.
What factors determine the value of a broken foot injury claim?
Several factors will influence the amount of compensation you could receive if you make a successful foot injury claim. These include:
- The type of fracture you suffered – simple fractures typically result in lower compensation than complex fractures;
- The treatment required and the recovery time – if you needed surgery and ongoing medical care, you would be entitled to more compensation than otherwise;
- Any complications and long-term effects – if your injury caused complications such as nerve damage, chronic pain, arthritis or loss of mobility, you will be entitled to more compensation;
- The impact on daily life – if the fracture affected your ability to work or engage in daily activities, this will be included in your compensation payout;
- The psychological impact – you can claim more compensation if your physical injury is accompanied by emotional or psychological damage;
- The accident circumstances – if you were injured because of an assault or a hit-and-run accident and you must claim compensation through the CICA or the MIB, this could result in a lower payment.
Can I still claim if I was partially at fault for my broken foot injury?
You may still be entitled to broken foot injury compensation even if you were partially at fault for it. This contributory negligence does not take away your right to make a claim, but it will likely affect the amount of compensation you are awarded.
In this case, the parties involved or, sometimes, the court will determine the extent to which you have contributed to the accident and your injury. Any compensation owed to you will then be reduced proportionally to your degree of fault.
For example, if you suffered a severe foot fracture valued at £40,000 and you are found to be 25% responsible for it, you would only receive £30,000 in compensation.
Examples of contributory negligence in a personal injury compensation claim include:
- Ignoring warning signs for hazards such as wet floors
- Crossing a street without looking for incoming traffic
- Not wearing a seatbelt in a car accident
- Using safety equipment incorrectly
- Engaging in reckless behaviour, such as running in a cluttered area
It is generally advisable not to admit fault after an accident before seeking legal advice. Ultimately, it will be up to the defendant to prove your contributory negligence if you make a compensation claim against them.
How do I know if I can claim compensation for a broken foot?
If you break your foot in an accident, it might be unclear whether you are entitled to make a personal injury claim for compensation. That’s why it is essential to speak to a specialist solicitor as soon as possible.
They will assess your case and verify whether the following apply:
- Another party owed you a duty of care legally
- They breached their duty through negligence or wrongdoing
- You broke your foot following an accident that was caused by their actions or inactions
- This has caused you pain, suffering and other losses
A legal duty of care is based on various legislation, depending on the circumstances of your accident. Examples include:
- The Health and Safety at Work Act 1974, if you were injured in a workplace accident
- The Road Traffic Act 1988, if you had an accident while driving or as a pedestrian or cyclist
- The Occupiers Liability Act 1957, if you were injured in a public place such as a shop, supermarket or restaurant
If your solicitor can establish liability and that you have a valid claim for compensation, they will guide you through the next steps of the claims process.
What evidence do I need to make a broken foot compensation claim?
Gathering evidence is an essential step when making a broken foot compensation claim. This will help prove a breach of duty, as well as the extent of your injury and how it has affected your life. The key types of evidence required include:
- Medical records that show the severity and type of foot fracture you suffered, as well as the treatments received and your recovery prospects;
- A report from an independent specialist regarding the full extent of your injury and your long-term needs;
- Records of physical or occupational therapy sessions;
- Photographs of the accident scene and any hazards that contributed to it, taken before anything is repaired, replaced or tampered with;
- Pictures of any visible signs of your injury, such as swelling, deformity or bruising;
- A copy of an accident report if you were injured at work or in a public place;
- A copy of a police report if you suffered a fractured foot due to a violent crime;
- Statements from witnesses who saw how you were injured or were aware of the unsafe conditions leading to your foot fracture;
- A diary of your symptoms, pain levels and how the injury has affected your daily activities and overall quality of life;
- You will also need evidence of financial losses and expenses, such as medical bills and receipts.
Your solicitor will help you collect and collate all the proof you need to claim compensation for your injury.
Common situations that could lead to a broken foot claim
Various types of situations can lead to an accident claim for a foot injury, including:
- Slips, trips and falls. These are some of the most common accidents leading to broken foot bones. They can be due to various hazards, such as wet floors, uneven pavements, icy streets and cluttered walkways.
- Accidents at work. Unsafe conditions at work, such as faulty machinery, objects falling from shelves, lack of protective equipment or poor safety measures, can cause a broken foot.
- Road traffic accidents. The high speeds and forces involved in road accidents, such as being struck by a vehicle or trapped under vehicle parts, can lead to severe foot injuries.
- Sports accidents. Almost all sporting activities carry a risk of foot fractures. While some are nobody’s fault, others can be due to negligence, such as poor ground conditions, bad advice from coaches or inadequate safety equipment.
- Faulty products. Defective products can cause unexpected accidents, leading to foot injuries. Injured parties may be eligible to claim compensation in relation to defective products, for example under the Consumer Rights Act 2015 or other applicable product liability law.
- Criminal assaults. Intentional acts of violence can also cause fractures of the bones in your foot, especially if a weapon is involved. Blameless victims of violence can make a claim through the Criminal Injuries Compensation Authority (CICA).
- Animal attacks. Kicks or stomps from large animals, such as cows and horses, can cause crushing injuries and fractures of the foot.
- School injuries and playground accidents. Children are particularly vulnerable to all kinds of accidents and injuries, including broken feet. These can be due to falls from playground equipment, trips over uneven surfaces and other incidents.
Regardless of the type of accident, if you or a loved one suffered a broken foot, you may be entitled to claim compensation for your pain and suffering.
Can I make a foot fracture claim on behalf of my child?
Yes, you can claim compensation for a broken foot injury on behalf of your child. As a parent or legal guardian, you have the right to represent them as a litigation friend if:
- You can make fair and competent decisions about the claim
- There are no conflicts of interest between you.
A personal injury lawyer can help you fill in and file all the documents you need to claim on behalf of your child. They will also help you gather evidence and build your case, providing support at every step of the process.
If the claim is successful, the compensation awarded is typically kept in a court bank account and released to the child with interest on their 18th birthday. Alternatively, you can keep the money in a personal injury trust in their name.
Time limits to start an injury compensation claim
The Limitation Act 1980 imposes a general three-year time limit to make a compensation claim, starting from:
- The date of the accident causing a foot injury;
- The date your injury was diagnosed and linked to someone else’s negligence (date of knowledge).
While three years may seem like a long time, we encourage you to seek legal advice as soon as possible. This will give you the upper hand and will make it easier to gather evidence and build a strong case. There are a few exceptions to this limitation date:
- You can make a child injury claim at any time before the child turns 18. Afterwards, they have until 21 to start a claim themselves.
- If the injured party does not have the mental capacity to handle a claim, a litigation friend could represent them at any time, as the time limit doesn’t apply.
- There is a two-year time limit to claim compensation through the CICA following a criminal assault.
Do I have to use a personal injury solicitor to claim compensation for a foot injury?
You are not legally required to use a specialist personal injury solicitor to make a broken foot claim. However, having legal representation brings several crucial benefits, which include:
- Solicitors have the knowledge and experience to navigate the legal system effectively;
- They know exactly how much compensation for a broken foot you could claim;
- They will negotiate with the other party to ensure you receive a fair settlement;
- Your solicitor will help you gather evidence and present your claim efficiently;
- They will handle all communication on your behalf and keep you updated on proceedings;
- If your case goes to court, they will provide expert representation.
Also, your solicitor will work on a no win no fee basis. That means you do not have to pay them any legal fees upfront, and there is no financial risk to you. If you lose the case, you do not owe them a single penny.
To learn more about how much compensation is awarded for foot fractures or to start your claim today, call 0800 470 0472 or use our claim form to request a call back.
