By Jo Anderson. Last Updated 12th February 2024. In this guide, we will examine how to claim for a crush injury. If an accident that was caused by someone else’s negligence has led to a part of your body being crushed, then you could be eligible to receive personal injury compensation.
It can be difficult to know what steps to take when making a claim. However, we are here to offer guidance. We endeavour to avoid any complex legal terminology and explain things as simply as possible. If you have any issues or questions about your crush injury claim, then get in touch with us.
The more information we have about your injury and how it was sustained, the more accurately we’ll be able to assist you. Everybody will need information that’s tailored to their circumstances. So, by reaching out to us, you’ll be giving yourself the best chance of fully understanding your situation.
Not only can you speak to us over the phone, but there are other ways you can speak with our advisors. If we believe you could have a valid crush injury claim, we may connect you with one of our expert personal injury lawyers.
- Call us on 0800 073 8801
- Send us an email at office@accidentclaims.co.uk
- You can use the pop-up live chat window in the corner
Select A Section
- A Guide To Claiming For A Crush Injury
- What Are The Causes Of Crushing Injuries?
- Calculating Crush Injury Compensation Claims
- What Else Can I Be Compensated For After A Crush Injury?
- No Win No Fee Claims For A Crush Injury
- Contact Us
- References
- FAQs About Crush Injury Claims
A Guide To Claiming For A Crush Injury
You are owed a duty of care in various day-to-day situations. While at work, you are owed a duty of care by your employer under the Health and Safety at Work etc. Act 1974. Per their duty of care, they must take reasonable steps to prevent you from suffering harm while performing your work-related duties.
While on the road, all road users owe each other a duty of care. They must navigate in a way the prevents harm coming to themselves and others. They must also adhere to the Road Traffic Act 1988 and the Highway Code.
Those in control of public spaces, otherwise known as occupiers, owe a duty of care under the Occupiers’ Liability Act 1957. Per their duty of care, they must take all the necessary steps to ensure your reasonable safety while you are visiting that public space for its intended purpose.
To be eligible to make a personal injury claim for your crush injury, you must be able to meet the following requirements:
- A duty of care was owed to you.
- This duty was breached.
- Due to this breach, you suffered harm.
Contact our advisors today to discuss your particular case and see whether you may have a valid personal injury claim.
What Are The Causes Of Crushing Injuries?
There are various ways that you could suffer a crush injury. However, you must remember that in order to have a valid claim, your injury must have been caused by someone else breaching the duty of care they owed you.
Some examples of how you may suffer a crush injury include:
- Your employer failed to give you training on how to operate a piece of machinery on a production line. Despite airing your concerns, your employer still makes you work with this piece of machinery. Due to your lack of training, you suffer a crushed arm injury that later requires a surgical amputation.
- A drunk driver fails to come to a stop at a red light and crashes into your car. This causes you to suffer multiple severe injuries, such as a crushed leg, broken arm and severe neck injury.
- A supermarket failed to regularly maintain its entrance automatic doors. While you are entering the supermarket, the door malfunctions, and your hand suffers a crush injury.
These are only a few examples. To see whether you may have a valid claim, you can contact one of the advisors on our team.
Calculating Crush Injury Compensation Claims
When calculating how much a personal injury claim can be worth in compensation, there are a number of figures to consider. Firstly, let’s discuss the matter of general damages.
This amount is what’s awarded to you to account for your injuries, both physical and psychological. It’s calculated by legal professionals with the assistance of the Judicial College Guidelines (JCG). This is a publication that’s made up of a list of injuries and how much they could be worth in compensation.
As part of your claim, you will be invited to a medical assessment with an independent expert. This expert will assess your injuries and how they have impacted you, as well as confirm that they are consistent with the accident you experienced. Their findings will be detailed in a report which will be used to value your claim.
We’ve included a small selection of compensation brackets from the JCG in the table below. From this, you’ll be able to get a rough idea of how much certain injuries can be worth.
| Injury | Description | Amount |
|---|---|---|
| Multiple serious injuries along with financial costs and losses. | A combination of serious crush injuries resulting in pain, suffering and financial losses, such as loss of income, for example. | Up to £200,000+ |
| Hand – Total or effective loss of one hand. | Crush injuries leading to amputation. | £96,160 to £109,650 |
| Hand – Less serious | Crush injuries that cause the hand to be significantly impaired regardless of whether surgery has taken place or not. | £14,450 to £29,000 |
| Hand – Moderate | Soft tissue injuries, crush injuries, deep lacerations and penetrating wounds come under this bracket. | £5,720 to £13,280 |
| Leg – Severe (iv) Moderate | Severe crushing injuries to a single leg or multiple fractures. | £27,760 to £39,200 |
| Back – Moderate (i) | Compression/crush fractures of the vertebrae resulting in pain and discomfort. | £27,760 to £38,780 |
| Toe – Severe | Severe crush injuries that lead to one or two toes being amputated that are not the big toe. | £13,740 to £21,070 |
| Toe – Serious | One or toe more toes have been crushed or suffered multiple fractures. | £9,600 to £13,740 |
Get in touch for more information on your specific injury and what you could be awarded. We could offer you a no-obligation assessment of your claim after just a quick phone call.
What Else Can I Be Compensated For After A Crush Injury?
If you are successful in making a crush injury claim, you could also receive compensation under the head of claim known as special damages.
Special damages compensate you for the financial costs and losses that are caused by your injury. They can include but are not limited to:
- Travel expenses – If you have needed to pay for transport to medical appointments, for example, train fares, or you’ve paid for transport to meet with your solicitor.
- Care costs – If your injuries were so severe that you needed care at home, and had to pay for this, these costs could be included.
- Medical expenses – Such as prescription costs, that you have to pay for.
- Lost income – If you have been unable to work due to your injuries, your compensation could include loss of income.
You will need to provide sufficient evidence that such costs were reasonably incurred as a result of your injuries. Bank statements, credit card bills, receipts and payslips can all be useful in this regard.
To learn more about claiming crush injury compensation, please contact an advisor. They could also provide you with a free valuation of your case.
No Win No Fee Claims For A Crush Injury
All of our lawyers work with their clients on a No Win No Fee basis. This means that you will not be required to cover their legal costs unless they are successful in helping you to win your case.
If your claim is successful, then their fee is covered via a small percentage of your settlement. However, this fee is kept small so the majority of your settlement is left intact.
If you are not awarded compensation, then you won’t owe them anything. You also won’t be asked to make any payments before the claim begins or while the process is ongoing. There are no hidden costs, so you know where you stand with us before the case begins.
Whilst having legal representation is not required by law, we do strongly recommend it. This is because, without a No Win No Fee arrangement in place, you could still be responsible for covering expensive legal bills even in the event of an unsuccessful claim.
Contact Us
The next step is to get in touch with us. Our lawyers have many years of experience when dealing with claims such as these, so you’ll be in good hands.
You can:
- Call us on 0800 073 8801
- Send us an email at office@accidentclaims.co.uk
- Use the pop-up live chat window in the corner
References
We’ve included some links for further reading on this subject and adjacent topics.
- Find out how you can act as a litigation friend to claim on behalf of someone else.
- You can request CCTV footage of yourself to use as evidence – find out how.
- NHS information on compartment syndrome, which you could experience after a crush injury.
- Find how out you could claim for a punctured lung.
- How to claim if you are hit by a foreign vehicle.
- More on fractured scaphoid injury claims.
FAQs About Crush Injury Claims
In this section, we’ve answered some of the more common questions we are asked.
Why choose Accident Claims UK?
Our lawyers handle many claims in this field and will do their best to get you the compensation you deserve. We will arrange everything for you and answer any questions you have during the process.
Can a crush injury be fatal?
If it’s serious enough, then yes. A crush injury could cause damage to your internal organs which might prove fatal.
How long do I have to claim for a crush injury?
The Limitation Act 1980 tells us that you have 3 years from the date you were injured to start your claim. If you miss this window, you’re likely to find it much more difficult to have your claim addressed. In some cases, it will be impossible.
There are certain scenarios where time limits for personal injury claims can differ. Speak with our team today to find out what exceptions can apply.
Could I claim if I partially caused the accident?
Yes, this is possible. This is called a “split liability” claim. Your compensation would be reduced accordingly.
Could I claim for negligent care of my injury?
If a medical professional administers inadequate care to a patient that results in a new injury or causes an existing injury to be made worse, then this could be an example of medical negligence. It is possible to make a claim for this if you have proof.
Thank you for reading out guide on the subject of claiming compensation for a crush injury.
Guide by DB
Edited by FS