By Lewis Cobain. Last Updated 5th September 2024. If you’ve suffered a toe or foot injury due to negligence, you may wish to know how much compensation for losing a toe you could receive in a successful claim. In this guide, we examine loss of toe compensation and the toe amputation claims process.
We look at scenarios in which you could suffer an injury that causes the amputation of one or more toes. Toes could be traumatically amputated during an accident. They could also be amputated surgically afterwards, such as following severe crush injuries.
If a third party owed you a duty of care and a breach in this caused your toe injury, you could be eligible for loss of toe compensation. Read on to find out more about personal injury compensation, or get in touch with our advisors for free legal advice.
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Select a Section
- Toe Amputation Settlement Amounts
- A Guide To Toe Amputation Claims
- What Is A Toe Amputation?
- How To Prove Toe Amputation Claims – What Evidence Do I Need?
- No Win No Fee Toe Amputation Claims
- Toe Amputation Claims – Frequently Asked Questions
- Helpful Links
Toe Amputation Settlement Amounts
The amount of toe amputation compensation you could potentially receive if your claim succeeds can depend on a number of factors, including:
- The types of toe amputation you suffered.
- Who was liable for your injuries.
- How severely you suffered.
- How long it will take you to recover.
- Whether or not you suffered financial losses.
Because of the specificity of these factors, every claim is unique, which means payouts are awarded on a case-to-case basis.
Most toe amputation claims are made up of two heads. The first head, general damages, covers the pain and suffering caused by the amputation. The effects of losing a toe can range from minor to life-changing, which is considered when your compensation is calculated.
To help when calculating this heading, professionals may refer to the Judicial College Guidelines (JCG). The JCG provides compensation guidelines for different injuries and illnesses, including toe and foot amputations.
You can take a look at some of these examples below. Please keep in mind that these figures aren’t fixed, and the top entry is not taken from the JCG.
| Injury | Amount |
|---|---|
| Multiple Severe Injuries And Special Damages | Up to £500,000+ |
| Amputation of Both Feet | £206,730 to £245,900 |
| Amputation of One Foot | £102,470 to £133,810 |
| Very Severe Foot Injuries | £102,470 to £133,810 |
| Amputation of All Toes | £44,570 to £68,430 |
| Amputation of the Great Toe | In the region of £38,210 |
| Severe Toe Injuries | £16,770 to £25,710 |
| Serious Toe Injuries | £11,720 to £16,770 |
| Moderate Toe Injuries | Up to £11,720 |
Special Damages In Toe Amputation Claims
Not everyone is eligible to claim for special damages. This second head of claim is tailored to each individual claimant as it covers the financial losses they have suffered as a direct result of their injuries.
For example, if you can’t work after losing your toes, this can cause a significant financial burden. Under special damages, you could potentially claim back any current or future lost earnings caused by the amputation.
This heading can also help you cover the cost of:
- Prosthetics.
- Rehabilitation.
- Physiotherapy.
- Mobility aids.
- Home adjustments.
- Counselling.
- Prescriptions.
- Childcare.
- Help with cooking or cleaning.
However, to claim under this heading, you need to be able to provide evidence of your losses. Because of this, we recommend keeping relevant bills, receipts, and invoices related to your injuries.
For more information on compensation in toe amputation claims, get in touch with our team of specialist advisors today.
A Guide To Toe Amputation Claims
Toe amputation claims may be made if negligence has occurred. Negligence is when a responsible third party breaches their duty of care, and in turn, causes you to suffer an injury.
Duty of care is the legal responsibility of someone else’s welfare and safety. Different people can owe you a duty of care at different times, such as your employer, an occupier of a public space, and road users.
For example, your employer owes you a duty of care while you are at work under the Health and Safety at Work etc. Act 1974. To comply with this duty, your employer must take reasonable steps to ensure your safety when working. One of these reasonable steps includes providing the appropriate training, such as manual handling training. If you are not given any manual handling training, you could drop a heavy object on your foot from using the incorrect lifting technique, leading to a crush injury that requires a big toe amputation.
As such, here is the eligibility criteria for toe amputation claims:
- A responsible third party owed you a duty of care.
- The third party breached their duty of care by acting negligently.
- You suffered an injury as a result of this breach of duty.
To learn more about your claim eligibility and about the different duties of care that can be owed to you, please contact us today.
Is There A Time Limit For Toe Amputation Claims?
As with any type of personal injury claim, time limits apply to toe amputation claims. As outlined in the Limitation Act 1980, usually you’ll have three years to take action from the date of the accident that resulted in your amputated toe injury.
In contrast, if a child suffers a toe amputation, they’ll have up until their 21st birthday to begin a claim for personal injury compensation. That’s because the limitation period does not apply until they turn 18-years-old.
Another instance where the time limit is suspended applies to claimants who have lost the mental capacity to act for themselves. Unless they regain the mental capacity required to start a claim, the limitation period is permanently suspended.
In regards to the claimants discussed above, a litigation friend may be enlisted to make a claim on their behalf i.e. a parent, guardian or relative. However, it is important that, when acting as a litigation friend, you do so in the best interests of the claimant.
For any questions about toe amputation claims, get in touch for free advice. Our advisors are available 24/7 and could connect you with our specialist solicitors.
What Is A Toe Amputation?
Toe amputation is the partial or full loss of the toe following a trauma to the area. Because of the different types of tow amputation possible, toe amputation recovery time can vary. Here, we list examples of types of toe amputation:
- Partial toe amputation – A partial toe amputation covers the removal of any part of one or more toes, and it is often called an excision.
- Toe disarticulation – This is a full toe amputation, right down to the base of the foot
- Partial foot/ray resection – This involved the resection of the third to fifth metatarsal including the digit.
Toe amputation may take place as a surgical necessity after some trauma has occurred to the area, such as crush injuries. It could also take place after infection has set in, or if the toe has been partially severed or fully severed at the scene of an accident.
Call our advisors to talk about how much compensation for losing a toe you could get and to learn more about the toe amputation claims process. Partial toe amputation compensation may have a different payout to great toe amputation compensation.
How To Prove Toe Amputation Claims – What Evidence Do I Need?
As part of the personal injury claims process, you’ll need to provide evidence that can establish you have had your toes amputated as a result of someone else’s negligence. Toe amputation claims that are not supported by evidence are unlikely to be successful.
Therefore, you might consider collecting evidence such as:
- Photographic evidence of your amputated toes
- The contact details of witnesses who can confirm your version of events
- Your medical records, which will state any treatments you have had for your injuries
- A report from an independent medical expert
- Evidence of any financial harm inflicted by your injuries, for example, wage slips can offer insight into a loss of earnings if you needed time off work to recover from a missing big toe
If you would like a personal injury solicitor to assist you with collecting evidence, speak to our advisors at any time and we may be able to help. Furthermore, they could put you in touch with one of our expert No Win No Fee solicitors.
No Win No Fee Toe Amputation Claims
If you’ve experienced a toe amputation injury due to another’s negligence and are eligible to claim, we would advise hiring legal help to guide you through the toe amputation claims process. However, you may be concerned about the potential costs of doing so.
Our solicitors could offer a No Win No Fee agreement, which typically means you won’t be required to pay any upfront solicitor fees. Instead, if your claim is successful, a success fee will be taken from your award. The law caps how much can be taken. If your claim is not successful, you will not have to pay your solicitor.
Get In Touch For Free Legal Advice
Whether you are looking for more advice on what you need to begin a claim, would like clarification on how the No Win No Fee process works or would simply like to begin a claim, the number to call is 0800 073 8804. Alternatively, you can start your claim online or use our live chat at the bottom of the screen.
Toe Amputation Claims – Frequently Asked Questions
Below, you can find answers to some frequently asked questions on toe amputation claims.
How much compensation for losing a toe can I be awarded?
The figure can vary. When your compensation is being calculated, things like the impact your injury has had (or may have) on your life are taken into account.
Is toe amputation a major surgery?
As with many surgical procedures, toe amputation has certain risks associated with it. For example, infection or issues with the healing process.
Can you walk after a toe amputation?
Until you have recovered from the procedure, you may find it too painful to walk initially. Your doctor may suggest resting the affected area as much as possible.
Helpful links
- NHS – Amputations
- UK amputation stats for service personnel
- Finger amputation guide to compensation
- Amputation claims guide
- Accident at work compensation claims guide
Other Helpful Guides
- Holiday Accident Abroad Claims
- Child Accident Claims
- How Much Compensation For Foot Amputation Claims
- An Accident At Work With No Safety Boots – Can I Claim?
- Foot Injury Claims
- Advice on arm amputation claims. Learn how to claim after wrongful amputation with this guide.
- Learn about road traffic accident claims with this helpful guide.
- Guidance on making petrol station accident claims. Find out how to claim with this informative article.
We hope you found our guide on how much compensation for losing a toe helpful. For more information on the toe amputation claims process, call our team today.
