

Most common causes of foot injury are playing sports and road traffic accidents, but even a slight stumble can cause a sprain which can take some time to heal. As sprains are sustained so easily compensation for slight injury is relatively low and many believe they cannot claim for tripping over something. This is not the case. If you fall over and twist your ankle because you stumbled over a broken or unlevel paving slab, those responsible for maintaining the area concerned may well be liable on the grounds of negligence. This would be the land or building owner, local authority etc., depending on whether it is on public or private property.
For a minor fracture such as a broken toe with full recovery, compensation can be up to £3,000. More severe foot injury, which causes difficulty walking. long-term disability and discomfort has a guideline range of £7,000 to £26,000. For the most severe damage including permanent deformity or amputation of the entire foot, £40,000 to £55,000 can be awarded.
In the first instance, check that your solicitor’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have solicitors who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your solicitor about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the solicitor yourself. Fortunately, solicitors are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your solicitor bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your solicitor will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Before agreeing to work on a conditional fee basis, a competent personal injury solicitor will assess the merits of the claim. If you and your solicitor decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s solicitors’ fees in the event that you lose your claim.