No Win, No FeeIf you have suffered a crush injury because of someone else’s negligence whether it was in a road traffic accident, a workplace accident or some other cause, you may be eligible to make a crush injury claim for compensation.
Our specialists are ready to help if you’d like to know more about claiming compensation for a crush injury. As part of a no-obligation consultation, they’ll review your case in detail and provide free legal advice about your next steps. If the claim appears to be suitable, we’ll ask one of our personal injury solicitors to assess it in more detail. If they’re happy to represent you, you’ll benefit from their No Win, No Fee service. That means you won’t have to pay for their work unless you receive a compensation payout.
If you’re ready to begin a crush injury claim straight away, please call our team today on 0800 652 1345. To learn more before contacting us, please continue reading.
When Can You Claim Compensation for a Crush Injury?
Essentially, you could claim compensation for a crush injury sustained in any type of accident. Rather than listing every possible scenario, we’ve highlighted some common types of accidents to illustrate how negligence might lead to a claim for crush injury compensation. These include:
- Workplace accidents. If your hand or another body part was crushed due to a lack of safety equipment, such as protective gloves or machine guards, you might be able to claim. For instance, a crush injury could occur if an employer fails to maintain heavy machinery, leading to parts malfunctioning and trapping your hand or foot.
- Road Traffic Accidents (RTAs). Crush injuries can happen in various traffic-related incidents. You might be able to claim if, for instance, your hand or foot was crushed in a car accident caused by another driver’s recklessness. Similarly, cyclists and pedestrians may be able to claim if a vehicle mounted the curb or collided with them, resulting in severe crush injuries.
- Construction site accidents. Construction sites are high-risk areas for crush injuries due to heavy machinery and materials. Claims could arise if, for instance, building materials were improperly stacked and fell, crushing a worker, or if a malfunctioning crane or forklift caused a serious injury.
- Playground accidents. Children can be particularly vulnerable to crush injuries in playgrounds. If your child suffered a crush injury because of poorly maintained equipment, you could pursue a claim on their behalf.
- Public place accidents. Crush injuries might also happen in crowded spaces or due to heavy items falling in public places. For instance, if shelves were inadequately secured in a supermarket, resulting in products falling and causing a crush injury, you could be entitled to compensation.
- Machinery accidents. In some work environments, heavy machinery or equipment poses a high risk of crush injuries. If proper safety training or preventative maintenance wasn’t provided, leading to a machinery accident, you may be able to claim.
Even if your accident isn’t specifically listed here, you may still be able to claim compensation if the crush injury was caused by someone else’s negligence.
Am I Entitled to Compensation for a Crush Injury?
Our personal injury solicitors want to help as many claimants who’ve suffered a crushing injury as possible. To find out what chance there is of you being compensated they’ll want to know whether:
- The defendant owed you a legal duty of care.
- The defendant was negligent and an accident occurred as a result.
- You suffered a crush injury as a direct result of that accident.
If you’re wondering how to prove that you were owed a duty of care, don’t worry. Our specialists and your solicitor will be able to check this for you before proceeding with your crush injury claim. Usually, it is established by legislation such as the Road Traffic Act 1988 or the Health and Safety at Work Act 1974. You needn’t be concerned by these steps as it’s something that will be assessed during your free consultation.
What Types of Crush Injuries Can I Claim For?
Crush injuries are where body parts are crushed by some form of external force. The types of injuries that you could claim compensation for include:
- Crushed hands, arms or fingers.
- Crushed legs, feet or toe injuries.
- Brain injuries caused by a crushed skull.
- Internal organ damage.
- Nerve damage.
- Crushed torso.
Crushing can cause injuries that resolve themselves within a matter of days or weeks. However, they can also result in complications like compartment syndrome, low-volume shock and avulsions. In some cases, crushed limbs may not be treatable and the only option available is amputation – please also see our page on amputation claims if this applies.
What Evidence Do I Need for a Crush Injury Compensation Claim?
Most crush injury claims will be handled by an insurance company on behalf of the defendant. In most cases, they will not accept liability for your accident or your injuries unless proof is provided to show how you were injured and why their client was responsible.
To help achieve a positive outcome for your claim, the following proof could be used:
- Accident report forms. You should always report any accident if it happened in the workplace or in a public location. Your copy of the incident report would make it difficult for the defendant to deny that the accident had happened.
- Photographs. It’s always a good idea to take pictures of the accident scene. If you can do so safely, take photos from various angles and try to capture the cause of the accident before it’s removed.
- Witness details. A statement from others who saw your accident occur could help to prove your version of events. For this reason, write down the contact details of anyone else who was present when you suffered your crush injury.
- Medical notes. X-rays and medical records are a good way to prove the injuries you suffered and what treatment was required. You or your solicitor can request these from the hospital, GP surgery or minor injuries unit that treated you.
- CCTV footage. Where your accident was recorded by a security camera (or dashcam), you should try to secure a copy quickly. In most cases, such recordings are not stored for more than a month. See our page on how to get CCTV footage of a car accident if it applies.
During our free review of your claim, your advisor will assess any proof you’ve secured already.
Will I Need a Medical Assessment for My Crush Injury?
As part of the personal injury claims process, you may need to attend a medical assessment conducted by an independent medical expert. This is a routine step, and your solicitor will typically arrange a convenient local appointment for you.
During the assessment, the specialist will discuss how your crush injury has impacted your daily life and conduct a physical examination. Afterwards, they will prepare a report detailing the extent of your injuries and your prognosis, which will be shared with all parties involved in the crush injury claim to support your case.
What Is the Time Limit to Make a Crush Injury Claim?
The UK has a 3-year time limit for all personal injury claims. As you’ll more than likely be aware of your injuries at the time of your accident, the limitation period will begin then.
However, in cases where injuries or complications emerge later, the time limit may start from the “date of knowledge”. This is the point at which the person becomes aware that the injury was related to their accident.
If you begin your claim too late, you could miss out on any compensation you’re entitled to. As such, we’d suggest starting the process as soon as possible. This will allow plenty of time for proof to be gathered and for your solicitor to arrange for an independent medical assessment to clarify the extent of your crush injuries.
How Much Compensation for a Crush Injury Can I Claim?
Any compensation awarded for a crush injury claim is designed to help you to recover from the pain and suffering caused by your injuries (general damages) and any associated costs (special damages).
In general, your claim could therefore include compensation to cover:
- The physical pain your crush injuries and treatment have caused.
- Any mental harm resulting from your accident or crush injuries such as post-traumatic stress disorder (PTSD), anxiety or depression. See our pages on psychological injury claims and/or PTSD claims.
- The effect your injuries have had on your hobbies, social life and family. See our page on loss of amenity compensation.
- Any travel expenses incurred because of your crush injuries.
- Replacement costs for personal property damaged during your accident.
- The cost of making changes to your home or vehicle if you’re left with ongoing symptoms or a permanent disability.
We believe you are likely to be paid a higher amount of compensation if you have a specialist solicitor by your side. If your case is accepted by one of our solicitors, they’ll assess your case in detail to try and ensure everything is included. In all cases, they’ll try to ensure you are fully compensated for your crush injuries.
Can I Claim for Loss of Earnings Due to My Crush Injuries?
A crush injury can severely impact your ability to work, particularly if you need time off to recover or attend hospital appointments for treatment. If your employer does not provide full sick pay while you’re off work, you may be eligible to claim for any lost earnings.
For crush injuries with long-term effects that limit your ability to work in the future, you could also seek compensation for any anticipated reduction in future earnings.
Can I Claim for Ongoing Medical Costs Due to My Crush Injury?
If your crush injury was caused by someone else’s negligence, you may be entitled to claim for ongoing medical expenses. This can cover treatment, rehabilitation, and long-term care costs, as well as any travel expenses related to medical appointments. This type of compensation is designed to help manage the financial burden of your recovery and ongoing care needs.
Will I Need a Solicitor to Make a Personal Injury Claim?
While you’re not legally required to have a solicitor for a crush injury claim, having professional support can give you a better chance of receiving fair compensation. We realise that the cost of using a solicitor may be a concern. As such, our solicitors offer a No Win, No Fee service for all accepted crush injury claims.
This means that you:
- Won’t be asked to pay your solicitor upfront.
- Will not pay for your solicitor’s time (or expenses) if the claim fails.
- Will pay a success fee to your solicitor if you are compensated.
Success fees are a percentage of any settlement that you are paid. They are legally capped at 25% of any compensation you receive when using a Conditional Fee Agreement (CFA). This is the type of contract our No Win, No Fee solicitors use.
The exact success fee you’ll pay will be listed in your CFA so you’ll be aware of it before you sign up with your solicitor. To find out if you could claim compensation for a crush injury on a No Win, No Fee basis, please get in touch today.
Crush Injury Claims Frequently Asked Questions
What Happens If My Crush Injury Worsened an Already Existing Condition?
If you had a pre-existing condition that was made worse due to a crush injury caused by someone else, you may still be able to claim compensation. However, it’s common for the defendant’s insurer to challenge this type of claim, so obtaining legal advice can help clarify your options.
A specialist solicitor can use medical records from before and after the incident to help establish how the accident worsened your condition and support your case.
Can I Claim on Behalf of Someone Else Who Has Suffered a Crush Injury?
UK law allows a person to act as a litigation friend on behalf of someone who cannot pursue a crush injury claim independently. This means you could claim compensation for a crush injury on behalf of someone under 18 or a vulnerable adult.
To become a litigation friend, you’ll need to apply to the court and complete certain paperwork. Once appointed, you can manage the claims process on behalf of the injured person.
Start a Crush Injury Compensation Claim Today
We are ready to help if you’ve decided to claim damages for a crush injury. To begin the claims process, simply call our team today on 0800 652 1345 to have your case reviewed for free. Whatever you decide to do after your initial consultation, you’ll be given free legal advice and your options will be explained.
If your claim is accepted by a solicitor from our team, your stress levels during the claims process will be reduced because of their No Win, No Fee service.
Please use our live chat to connect with our advisors if you’ve any questions at all on crush injury claims, or arrange your free consultation here.
