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Claim for Injuring Foot in Accident

How to Claim for Injuring Foot Your in Accident

There are many factors that can dictate whether a compensation claim for injuring a foot will be successful and, since no two cases are exactly alike, to receive personal advice about claiming for having injured a foot in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining compensation advice quickly after an accident can increase the probability of you being able to successfully claim compensation for injuring a foot. A solicitor will assess the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific instructions about the procedures which should be followed in order to make a claim for foot injuries.

Always Visit a Doctor If You Have Injured a Foot in an Accident

Your legal right to make foot injury claims will be affected if you do not seek medical attention for your injury. Your health must be your number one priority if you have injured a foot in an accident; not only will seeking prompt medical examination ensure that the damage sustained in the accident is kept to the minimum possible level, but your claim for foot injuries must be supported by your medical records.

Even if you were provided with first aid at the scene of the accident after injuring your foot, it is still important for you to have a thorough medical examination conducted as a claim for compensation for injuring a foot cannot be justified if your injury did not warrant you seeking medical attention.

If you did not receive medical attention immediately after your accident you will not have lost the right to make a compensation claim for injuring a foot. However, if your injuries have deteriorated as a direct result of a delay in seeking medical treatment, the settlement of foot injury compensation you will be able to recover is likely to be reduced.

There Has to be Third Party Negligence

In order for compensation for injuring a foot to be recovered, your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been contravened in order to make foot injury claims.

If a third party was responsible for you having injured a foot in an accident it should be possible to claim foot injury compensation, provided that your injury could have been prevented if the third party in question had taken a reasonable amount of care to keep you safe and out of harm’s way.

It must also be possible to establish and prove that your foot injury was directly caused by third party negligence in order for a compensation claim for injuring a foot to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for foot injuries there is a strong probability that you will be able to recover personal injury compensation.

How to Prove Negligence in a Compensation Claim for Injuring a Foot

Once the cause of the accident has been attributed to the negligence of at least one third party, it will be necessary to gather evidence of negligence to support your compensation claim for injuring a foot. There are many ways that negligence can be proven in foot injury claims; although it is vital that prompt action is taken to gather evidence while it still exists.

Eye-witness accounts of the accident and statements taken from people who came to your aid after you injured a foot in an accident that was not your fault can be vital when establishing and proving third party negligence. If the accident was recorded by CCTV or security cameras, an access request can be made for the recording to be released and this can be invaluable in support of your claim for foot injury compensation.

Photographic evidence can also be submitted to support a claim for foot injuries, which can include photographs of the scene of the accident or the hazard that caused it, and visible injuries should also be photographed to prove the seriousness of your injuries.

You should also try to make a record the circumstances under which you sustained your injury in an accident book – if appropriate – and it is also important that the accident is reported to the relevant authorities as copies of these reports can also be submitted in support of a claim for compensation for injuring a foot.

The Legal Process of Making a Claim for Foot Injuries

After your accident has been investigated and evidence of third party negligence has been collected, the first stage in the legal process of making a compensation claim for injuring a foot is the drafting and issuing of a letter of claim to the insurance company of the negligent third party responsible for your accident. Twenty-one days must be provided for the insurer to respond to the letter, and a further ninety days must be allowed to enable the insurance company to establish how you injured a foot in an accident.

If liability for the accident is accepted, the next stage in the claims process is the negotiation of an appropriate settlement of compensation with the insurance company that provided the policy against which foot injury compensation is being claimed. If negotiations stall or if liability for the accident is contested, it will be necessary to issue proceedings and foot injury claims will need to be litigated through the courts. If this is necessary, your claim for foot injuries must go before a judge to be decided and if the case is successful, the judge will decide the amount of compensation for injuring a foot that is awarded, and the insurance company will be ordered to make payment to you.

How Much Foot Injury Compensation Can I Claim?

Compensation rates for having injured a foot in an accident are not fixed. The amount of foot injury compensation that can be claimed will depend on many factors, such as your age, sex and general state of health at the time of the accident. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological disorders as a result of the accident or injury, these must also be included in your claim for foot injuries.

Foot injury claims are not only concerned with providing recompense for a physical injury and for suffering psychological problems due to an accident, as it is also possible to recover costs and expenses which have been – or will be- incurred as a result of an injury.

Compensation for injuring a foot can include reimbursement for medical expenses, prescription costs, alternative transportation, loss of earnings and damage to personal property and any other financial outlay that was or will be necessitated by your injury.

In order to recover costs in a compensation claim for injuring a foot you must be able to provide proof of expenditure, so it is essential that you retain receipts or invoices to submit with your claim.

Compensation if Your Child Injured a Foot in an Accident

If your child has injured a foot in an accident, a claim for compensation should be possible although your child is not permitted to take legal action personally until the age of consent has been reached. In the majority of cases, delaying foot injury claims will affect the likelihood of success and it is usually advisable that a claim is filed more promptly.

In order for a compensation claim for injuring a foot to be made before the age of consent has been reached, an adult must make a request to the courts to become a ‘litigation friend’ for the child. Before a litigation friend can be authorised by the courts, financial responsibility for making a claim for foot injuries must be accepted by the litigation friend and it must also be established that the foot injury claim is being made in the best interests of the child.

If the case is successful, foot injury compensation will be awarded to the child although it would be held by the courts until the age of consent has been reached. An application can be made to a judge to release a proportion of compensation for injuring a foot to a parent or legal guardian as recompense for ongoing expenses such as the cost of medical treatment.

Summary of Actions to Take in Order to Claim for Foot Injuries

The best course of action to take after you have sought professional medical attention for an injured a foot in an accident is to consult a personal injury solicitor for legal advice. Eligibility to recover compensation for injuring a foot will be confirmed and you will be told about the steps that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for injuring a foot as well as the amount of foot injury compensation you should be entitled to recover, and a solicitor is in the best position to provide specific legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make foot injury claims to receive recompense for your foot injury and to recover expenses you have incurred.

Making a claim for foot injuries cannot turn back the clock, but it will ensure are not made to suffer financially for being injured in an accident for which you were not to blame.