Foot Injury Compensation Claims
Feet and toes keep us balanced and ensure full mobility. An injury or soft tissue damage to a foot or toe can come as a huge blow. You take your feet and toes for granted until they're injured, broken or crushed and you experience the pain and huge inconvenience firsthand.
Suddenly, moving about, driving and working become a huge effort. Mobility aids become a necessity.
The good news is that you can usually claim compensation for your foot injuries.
Personal injury lawyers can greatly assist you with the maximum compensation for your foot injuries as they are experts in this complicated legal field.
You could claim for medical expenses, loss of wages as well as pain and suffering. A person with foot injuries or a broken foot could claim under the relevant legislation or/and by common law.
Foot Injury Compensation Claim Types
Foot injuries range from mild to severe foot injuries, which include crushing injury, soft tissue damage, broken bones (big and small) and ligament damage.
A toe injury or loss could be a serious injury for which you can claim compensation. Foot and toe injuries can be sustained in multiple ways like in the workplace, a motor vehicle accident, a slip and fall in a public place and even as a result of medical negligence
Foot Injury Due to a Workplace Accident
Workers in certain environments like building and mining sites, factories and workshops are more prone to foot and toe injuries. But, foot and toe injuries can just as well occur in an office setting at work.
Businesses in Queensland that employ workers are obliged to insure them against work-related injuries. Work-related injuries are covered under WorkCover insurance (in most cases)or a workers' compensation scheme policy held by the employer (e.g. Commcare).
Doctors use tables and scales to determine the impairment rating of a worker after a foot injury. Injured workers receive an offer of a lump sum compensation based on their work-related impairment or degree of permanent impairment (WRI/DPI).
As well as a statutory workers compensation claim, you may also be able to lodge a 'common law' claim if your employer has been negligent or otherwise failed in their responsibility for your health and safety, resulting in the injury.
Learn more about the difference between a statutory claim and a common law claim, and better understand your rights by speaking with a personal injury lawyer.
Foot Injury Due to a Motor Vehicle Accident
Car accidents, unfortunately, are a fact of life. Road traffic accidents include those in which the following vehicles are involved:
- Car
- 4WD
- Motorcycle
- Bike
- Bus
- Train
- Truck
- Ferry
- And others..
In motor vehicle claims where someone has been injured, the injured person's claim is against the CTP (Compulsory Third Party) insurer of the at-fault driver. The driver, passenger of a vehicle or even a pedestrian bystander may be able to claim compensation provided they suffered an injury (either physical or psychological) and did not cause the accident.
If the details of the at-fault vehicle are unknown or the vehicle was unregistered at the time of the car accident, you may still be able to submit a claim for compensation via the state government's 'Nominal Defendant Fund.'
It is wise to obtain a lawyer's advice when considering a motor vehicle accident claim, as they will be able to provide you with information on your rights and entitlements.
Talk with an experienced motor vehicle accident lawyer for more information.
A Foot Injury Caused by a Slip and Fall
Personal injury claims for injured feet and toes can occur in places like:
- Hotels
- Cafes
- Schools
- Entertainment venues
- Footpaths
- Rental home
- Someone else's home
- Many other places...
An injury of the foot, sustained in a public place, usually involve the public liability insurance policy of the at-fault party. Businesses, individuals and organisations have a duty of care to avoid harm coming to others on their premises, where the harm could be reasonably foreseeable.
What Evidence is Required to Make a Foot Injury Workers' Compensation Claim?
Medical assessments, treatment and reports serve as crucial evidence to substantiate your claim for compensation for foot and toe injuries.
Medical experts determine the nature and extent of foot injuries through physical examination, X-rays and Ultrasound. If these methods are inconclusive, doctors will resort to CT and MRI scans.
You should meticulously keep a record of all your injuries, medical treatment and expenses. It is a good idea to take photos of your injuries (or have them taken) and the place where your accident occurred. Write down what happened to you while the incident is still fresh in your mind. Obtain the contact details of any witnesses. Make notes of lost wages and expenses relating to your shoulder injury claim. Retain medical bills and keep collecting evidence.
How Long do Settlements Usually Take for Foot Injuries?
As each case is different, it will depend on the nature and severity of your foot injury; what treatment you may need; how long it takes for your injured foot to stabilize; the presence of other medical conditions.
The less serious and straightforward your foot injury and claim, the sooner it will be sorted and a payout made to you. A severe foot or toe injury that requires surgery may take more time to heal. Also, a foot injury that appears light at first may turn out to present complications.
You should be patient and allow time for your injuries to stabilize. Your personal injury lawyers want you to make a full recovery. They can then ensure that all your injuries are included in your personal injury claim and that you get the maximum compensation.
It could be resolved within a couple of weeks; between 12 and 18 months; or longer in the case of a common-law claim or severe foot injury.
Is There a Time Limit for Making a Compensation Claim For a Foot Injury?
Strict time limits apply under legislation so you are encouraged to seek legal advice as soon as possible.
A Notice of Claim for compensation payouts for shoulder injuries must be served on the party at fault within 9 months of the injury or within 1 month of consulting a lawyer whichever is first. Under certain circumstances, an application for an extension may be made.
Common law claims for personal injury must be instituted within 3 years from the time of the accident.
How Much Does it Cost to Lodge a Foot Injury Compensation Claim?
Most lawyers offer a free first consultation as each foot injury claim is unique and depends on the circumstances of that particular case. Expert solicitors can then give advice on the prospects of success for your foot or toe injury claim.
Smith's Lawyers uphold a no win, no fee, no catch promise and they bear the costs if the claim were to go to court and have an unfavourable outcome. There is no financial risk and in over 25 years we have never had a client out of pocket. Expert advice is close at hand.
In Queensland, the 50/50 Rule applies which caps the fees a law practice can charge in personal injury compensation claims. It states that a law practice is entitled to charge no more than half the amount to which they're entitled under a judgment or settlement after deducting certain expenses a client is required to pay, including disbursements. Disbursements are the costs incurred by a legal firm in pursuing your claim.
What Are The Average Payouts For Foot Injury Claims?
There is no simple answer.
Each foot injury claim is unique and it depends on the specific facts of each individual case as to what your foot injury settlement amount will be.
As your initial consultation is free, it makes sense to make an appointment with one of our experienced, personal injury solicitors. Then we can give you a more detailed estimate of how much foot injury compensation you can get. You have nothing to lose.
To start off with, you can use our rough calculator to give you a rough idea of your compensation claim. Nothing, however, beats our expert free legal advice and we want you to make a successful claim.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
I would highly recommend Smith’s Lawyers. The work they put into my case was exceptional, even with such a busy working life and at most times being unreachable. They went above and beyond to ensure the best possible outcome. I am very pleased with their work and the result.
"I highly recommend Smith’s Lawyers! They are very easy to deal with, all staff from the reception ladies through to the lawyers are friendly and action emails and phone messages promptly. I couldn’t have asked more from any of the team. I’ll certainly use Smith’s again in the future if I need to"
"Greg, Luke and the team at Smiths Lawyers were absolutely amazing in the handling of my cases from day one they were so proactive right through to finalisation of my claim. It’s true what they say no win no fee ( A broad statement) we won my claim and the cost associated with the claim was as such after deductions."
"People cringe at the thought of dealing with lawyers but my experience so far has been an absolute pleasure."
