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Foot Ligament Tear Claims

Injuries to foot ligaments – no matter how they are sustained – can often lead to long-term incapacitation; and, when the injury to your foot has been caused by somebody else´s carelessness, you may be entitled to pursue foot ligament tear claims to recover compensation for the pain you suffered at the time of your foot injury and the incapacitation you experience as a consequence.

The Importance of Medical Attention in Foot Ligament Tear Claims

In most circumstances, you will only be entitled to claim compensation for a foot ligament tear if your injury has been diagnosed in a professional medical examination. There has to be a record of your injury in your medical history in order to support an injury claim for foot ligament damage and for a solicitor to calculate how much compensation for foot ligament damage you are entitled to claim.

Once you have received professional medical treatment, you should then discuss the circumstances of your foot injury with a solicitor for, although the information below is intended as a guide for making a foot ligament tear claim, no two claims for personal injury compensation are the same. In order to ensure you receive your full entitlement to compensation when pursuing foot ligament tear claims you should seek professional legal advice relevant to your personal situation.

Making a Foot Ligament Tear Claim

When sufficient evidence of negligence has been collected to support an injury claim for foot ligament damage, your solicitor will send a ‘Letter of Claim’ to the negligent party´s insurance company, advising them that you are claiming compensation for a foot ligament tear against their policyholder.

The insurance company has twenty-one days to acknowledge your foot ligament tear claim, and a further ninety days before they have to advise your solicitor whether or not their client accepts responsibility for your injury.

If liability is accepted, your solicitor will enter into negotiations with the insurance company to settle any foot ligament tear claims you have made; however, if liability is denied – or no agreement can be reached on how much compensation for a foot ligament damage you are entitled to – your solicitor will discuss with you the process and potential costs of taking your claim to court.

Compensation for a Foot Ligament Tear and Your Own Lack of Care

If you have been partially responsible for creating the scenario in which your foot ligament was injured, or you worsened its condition by failing to seek professional medical attention at the first possible opportunity, your injury claim for foot ligament damage could be disputed for what is called ‘contributory negligence’.

Being found to have partly contributed to your injury or its severity will not usually disqualify you from claiming compensation for foot ligament damage; however it could delay the resolution of your foot ligament tear claim while a percentage liability is being assigned to you to reflect your own lack of care.

This percentage is then deducted from the settlement of compensation for a foot ligament tear that you would have received had you not been in some way involved with the cause or extent of your injury, and the balance of compensation for any foot ligament tear claims you have made is paid to you.

Unsolicited Offers of Compensation for Foot Ligament Tear Claims

Once the negligent party becomes aware that you intend making an foot ligament tear claim, they – or more likely an insurance company representing the negligent party – may approach you directly with an unsolicited offer of compensation foot ligament tear claims you are pursuing.

These offers are usually designed to be attractive, but are frequently lower than the compensation you would expect to receive if your injury claim for foot ligament damage was to be followed through to its ultimate conclusion.

If the incentive of a quick settlement tempts you to consider accepting the insurance company´s offer, it is still worth your while to refer the offer of compensation for a foot ligament tear injury to your solicitor to ensure you do not risk under compensation for your claim.

Making a Foot Ligament Tear Claim for a Child

If your child has injured a foot ligament in an accident for which they were not to blame, you, another parent or a legal guardian will have to make a foot ligament tear claim for compensation on the child´s behalf; as children are not permitted by UK law to make personal injury claims or instruct a solicitor until they reach the age of eighteen.

The child´s representative – known as a ‘Litigation Friend’ – has to be approved by a court and accept any potential costs associated with claiming compensation for foot ligament damage if the claim is not successful. Furthermore, it has to be shown that the injury claim for foot ligament damage is in the child´s best interests.

Once the foot ligament tear claim has been settled, the settlement is usually approved by a judge before it is paid into court funds – where it remains until the child reaches the legal adult age in the UK. If funds from the settlement of compensation for a foot ligament tear injury are required to recover parental costs, or to provide medical care for the child, they can be released if an application is made to the court.