This page provides information about claiming compensation for foot ligament injuries and the procedures to follow in order to secure a satisfactory outcome to a compensation claim for a damaged foot ligament.

However, while the information contained on this page should be of benefit to those considering a compensation claim for a damaged foot ligament, it is no substitute for receiving expert advice from a lawyer relative to your own personal circumstances.

Qualifying for Compensation for Damage to a Foot Ligament

It is possible to claim compensation for foot ligament injuries if it can be demonstrated that the damage to your foot ligament was caused by the negligent actions – or inactions – of somebody who owed you a “duty of care”.

A “duty of care” in legal terms means that an individual, a company or a government department has a responsibility to adhere to a standard of reasonable care while performing any act that could foreseeably harm others.

Therefore, if you were to sustain an injury to a foot ligament due to the negligent actions of a car driver, an employer, those responsible for any place of public access or a medical practitioner, you should qualify for compensation for damage to a foot ligament.

Procedures Prior to a Compensation Claim for a Damaged Foot Ligament

The key element in successfully claiming compensation for foot ligament injuries is proving that the injury — whether it happened in a car accident, at work or in a place of public access — occurred because of the negligence of someone who had a responsibility to care for your health and safety.

The first stage therefore is to prove that and injury has occurred and, even though the best treatment for a damaged ligament is to rest and let it heal, a doctor should be consulted immediately after the injury has been sustained. Not only is a medical examination of the injury necessary to establish the full extent of the damage to the ligament, but your doctor´s diagnosis will be recorded in your medical history and used to support a compensation claim for a damaged foot ligament.

As ligament injuries to the feet often restrict mobility, it is recommended that you enlist the services of a lawyer to help complete formalities such as making relevant accident reports and gathering evidence of negligence such as photographic evidence, CCTV footage, witness statements and – in cases when a foot ligament injury claim for compensation is being made due to a faulty product – the faulty product in question.

Claiming Compensation for Foot Ligament Injuries

Once sufficient evidence has been acquired to justify a claim for compensation for a damaged foot ligament, your lawyer will send the negligent party’s insurers a “Letter of Claim” informing them that you intend to take action against their policyholder.

The negligent party´s insurers then have twenty-one days in which to acknowledge receipt of the letter, and a further ninety days to advise your lawyer whether they are prepared to admit to liability and negotiate a settlement or whether they wish to contest your claim for compensation for damage to a foot ligament.

If the negligent party admits to liability — and all of the costs and consequences of your injury are known — your lawyer will immediately enter into negotiations with their insurance company. If liability is contested, you should then discuss with your lawyer whether it is worth pursuing a settlement through court action.

Just because liability is denied initially, it does not mean that your foot ligament injury claim for compensation is automatically going to be decided in court. Insurance companies sometimes rethink whether the cost of defending a compensation claim for a damaged foot ligament is justifiable when there is a likely possibility that judgement may be made against them.

How much is a Foot Ligament Injury Claim for Compensation Worth?

One of the considerations that will determine whether you pursue a compensation claim for a damaged foot ligament through the courts is how much a foot ligament injury claim for compensation worth.

How much compensation for foot ligament injuries you are entitled to is calculated against the Judicial College Guidelines for the Assessment of General Damages and based on a number of factors — the nature and extent of the injury are among the first variables considered, along with your age, sex and previous physical condition.

Pursuing compensation for damage to a foot ligament also entitles you to claim for any psychological trauma you have suffered and for any out-of-pocket expenses you have incurred which are directly attributable to your ligament injury.

Compensation for your “loss of amenity” is possibly one of the most important elements of a compensation claim for a damaged foot ligament. The term “loss of amenity” relates to any deterioration in your quality of life due to your injury, and a settlement of compensation for damage to a foot ligament should account for:-

  • Being unable to drive while recovering from your injury
  • Being unable to perform everyday domestic tasks
  • Being unable to participate in regular leisure and social events

Indeed, it is recommended that you maintain a diary during your recovery to record all the times your injured foot ligament prevents you from doing something that would normally form part of your regular routine.

Ligament Injury Compensation Offers

Sometimes claimants entitled to compensation for foot ligament injuries are approached by an insurance company acting on behalf of the negligent party with an offer of compensation — in some cases even before a foot ligament injury claim for compensation has been considered.

Insurance companies make unsolicited offers in the hope that a claimant will settle for the first offer they receive; however these offers are often insufficient to cover the “value” of a claimant’s injuries or to compensate them for the psychological trauma and loss of amenity they experienced as a result of the accident.

Although the prospect of an immediate payment is tempting, it is important to remember that if the unsolicited offer is accepted the agreement is final and there is no scope to request more compensation should the settlement of compensation for damage to a foot ligament be inadequate.

While the offer of compensation for foot ligament injuries does not prove the negligent party´s liability, and it cannot be mentioned should your foot ligament injury claim for compensation proceed to court, the offer is enough for your lawyer to open negotiations with the insurance company and obtain a satisfactory settlement of your compensation claim for a damaged foot ligament.

Other Issues That Can Affect Pursuing a Settlement

Complications when pursuing compensation for foot ligament injuries can arise in a number of different circumstances — notably when the claimant is a child, when you have contributed in some way to your own accident or when your injury is sustained in the workplace.

  • When a child has damaged a ligament in their foot, because a minor is not allowed to make a foot ligament injury claim for compensation until they reach the age of eighteen, the responsibility of pursing a settlement falls to a parents/guardians who, acting as a “litigation friend”, can represent the child´s interests.
  • When you have contributed in some way to your own injury — through exacerbating it due to your own lack of care or being partly to blame for the accident that caused it —a settlement of compensation for damage to a foot ligament may be reduced to account for your own carelessness.
  • Claims made against an employer for an accident can lead to an uncomfortable working environment. It is important to remember that an employer´s insurance company settles claims for compensation for foot ligament injuries and that employment law supports an employee should there be repercussions after a claim is made against an employer.

Damage to a ligament can often take months to heal and may require an accident victim to undergo physiotherapy for up to a year after surgery. As it can often take months or even years for the full extent of a ligament injury to become apparent, it can sometimes be the case that a foot ligament injury claim for compensation may not be ready until just before the three-year time limit for making personal injury claims. For this reason it is extremely important to speak to a lawyer at the first possible opportunity after receiving medical treatment.

Claiming for Injury on a “Contingency Fee” Basis

One of the most popular ways to pursue compensation for foot ligament injuries is through a “Contingency Fee” arrangement — an agreement made between you and your lawyer that if the case is not successful he or she will not receive their legal fees. These arrangements are only proposed when a lawyer believes a case has a high probability — usually above 75 percent — of succeeding.

It should be mentioned however that, just because you will not have to pay any legal fees should your claim be unsuccessful, a “Contingency Fee” arrangement does not automatically mean that you will not be liable for costs. If your claim is not successful you may be charged for the defendant’s legal fees, as well as any extra costs incurred by your lawyer in the preparation of your claim. You may already have legal fees insurance against these potential costs, and your lawyer will explain how you can protect yourself against further liabilities before offering you “Contingency Fee” representation.

Most lawyers offer a free initial consultation to potential claimants considering a compensation claim for a damaged foot ligament. This will enable you to establish that you have a foot ligament injury claim for compensation which is worth your while to pursue, obtain a preliminary assessment of how much compensation for foot ligament injuries you may be entitled to receive and also to be advised on the lawyer´s terms and conditions for accepting your claim on a “Contingency Fee” basis.

Foot Ligament Injury Claims – A Summary

  • No two claims for compensation for foot ligament injuries are the same. Your personal circumstances can influence how much compensation for damage to a foot ligament a claim is settled for as much as the injury itself.
  • There are certain procedures that need to be followed before making a foot ligament injury claim for compensation for which you may need the assistance of a lawyer if your injury leaves you immobile.
  • Claims made on behalf of children, those where contributory negligence is a factor and claims made against an employer can complicate pursuing compensation for damage to a foot ligament.
  • You should always consult a lawyer before deciding whether or not an unsolicited offer of compensation for damage to a foot ligament represents an adequate settlement for your injury.
  • Speaking with a lawyer at the first available opportunity is highly recommended even though the full extent or consequences of your injury may not yet be known.