Compensation for broken big toe?

by Sue

I was walking my dog around my Dad's neighborhood and tripped on an uneven sidewalk. This was two days ago. I think I may have broken my big toe. I have iced it on and off, but I still have a lot of pain. I want to get an x-ray to see if there's serious damage, but I think they should pay the medical bills.

What recourse do I have with a homeowner in NJ? What can I do to get my treatment compensated? Thanks for any info you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Compensation for broken big toe?":

Sue (NJ):

Before you pursue a personal injury claim, you must have proof of "damages." In your case, damages will begin with medical bills. Go to your doctor and have your toe examined. If your examination reveals a fracture, then you are ready to proceed.

Moreover, you have a legal duty to "mitigate" your damages. This means you must take every reasonable action to stop your injury from worsening. Failure to do so can diminish the value of a future claim.

In any case, presuming the homeowner is responsible for the maintenance of the sidewalk, at this point he or she should be liable at least for the costs of your medical examination, and a small amount for your pain and suffering.

If your injury turns out to be a fracture, the homeowner should be liable for your medical bills, out-of-pocket expenses for medications, crutches, etc., any lost wages if your injury prevents you from working, and an additional amount for your pain and suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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