Originally Posted by
James090618
Baisicly I was run over in by a car around about 1 year and 3 months which broke my foot I only found out it was broken 6 months in though I am now using a machine called a Exogen bone healing machine if this works and my foot is healed in 3 months I would of lost £15,000 wages how much do you think the pain and suffering would be because I don’t no weather to accept there offer of 30,000 and hope it all goes well or chance waiting and mabey losing money but defiantly knowing it’s healed before I accept a payment incase I need surgery what’s is the minimum you believe I would received if it is all healed in a year and a half with £15,000 loss of wages?
If your prognosis for recovery from a fractured foot is 18 months, the JC guidelines says
"(g) Modest
Simple metatarsal fractures, ruptured ligaments, puncture wounds and the like. Where there are continuing symptoms, such as a permanent limp, pain or aching, awards between £5,590 (£6,140 accounting for 10% uplift) and £10,960 (£12,050 accounting for 10% uplift) would be appropriate. Straightforward foot injuries such as fractures, lacerations, contusions etc. from which complete or near complete recovery is made would justify awards of £5,590 (£6,140 accounting for 10% uplift) or less. Modest injuries that resolve within a short space of time will attract lower awards. Awards for minor foot injuries resolving within a few months, with little impact on lifestyle or day to day activities, are unlikely to exceed £1,950 (£2,150 accounting for 10% uplift)."
So it sounds like for your injuries they are going top whack of that bracket. Add in the loss of earnings and £30k is about right. I would, however, suggest waiting for the 18 months to pass to make sure you have recovered properly as the next bracket up (f) Moderate
Displaced metatarsal fractures resulting in permanent deformity and continuing symptoms. There may be a risk of long-term osteoarthritis and/or future surgery. £12,050 to £21,910
You can always ask for an interim payment of your loss of earnings whilst you wait to recover in full.