If 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.
Types of crush injuries you could claim compensation 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.
- 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.
Can I claim 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 for a crush injury 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.
How much compensation for crush injuries 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.
- Lost income if you had to have unpaid time off work while you were recovering.
- Future loss of income if your ability to earn will be reduced by your injuries in the future.
- Medical expenses. This could, in some cases, include private treatment.
- Care costs even if a family member looked after you rather than a professional carer.
- 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.
Common accidents that cause crush injuries
In the next few parts of this article, we’ll explore the types of accidents that could result in crush injuries that you could be entitled to be compensated for. We’ll look at crush injuries at work, car crashes (and other road traffic accidents) and sporting incidents. If you’ve suffered crush injuries from any other type of accident, please get in touch as we could still help you to start a claim.
Workplace crush injuries
While you are at work, your employer has a duty to try and protect your wellbeing. This means that they need to:
- Train you properly – see our inadequate training claims page.
- Conduct risk assessments regularly.
- Provide Personal Protective Equipment (PPE) where necessary.
- Carry out regular maintenance of equipment and machinery.
- Ensure the company’s health and safety procedures are readily available and up to date.
Some examples of accidents at work causing crush injuries you could claim compensation for include:
- If you were trapped beneath items of stock that had fallen from height because they had not been stacked safely.
- Where you were crushed in a forklift accident because the driver was driving too fast or failing to follow the company’s safety procedures.
- If your hand was crushed by a faulty piece of machinery because its safety guard was missing – see our workplace machinery injury claims page.
- Where your toes were crushed because your employer failed to provide steel toe-capped boots – see our PPE compensation claims page.
Employment laws make it illegal for your employer to try and stop you from claiming compensation against them. Furthermore, you cannot be fired or disciplined for making an honest claim. So, don’t miss out on the compensation you may be entitled to. Instead, call our team on 0800 652 1345 to discuss your crush injury claim today.
Crush injuries from road traffic accidents
Although the roads of the UK are relatively safe, accidents do still happen every day of the year. If you suffer a crush injury in a crash that wasn’t your fault, you could be entitled to compensation from the other road user’s insurance policy. Pedestrians, cyclists, motorcyclists, drivers and passengers could all be eligible to seek damages.
Some examples of RTA claims involving crush injuries include:
- If your legs were crushed and broken after being struck by an overtaking vehicle on the wrong side of the road.
- Where your arm was trapped and crushed after you were knocked off of your bike by another vehicle.
If you or a loved one have suffered crush injuries in a road traffic accident caused by someone else’s reckless or careless driving, please call to learn more about your options.
Those who play certain types of sport do so in the knowledge that there is a certain element of danger and injuries may occur without negligence. It is worth noting that this does not negate the legal duty of care that participants have to themselves and others. This also extends to organisers of such events who need to have suitable procedures in place to avoid and treat crush injuries.
Where it is possible to prove negligence on behalf of a sporting participant there will likely be a potentially strong claim for compensation. Please also see our sports injury claims page if this applies.
Other types of crush injury claims
Here are a few more types of accidents that could lead to a crush injury claim:
- If you’re injured as a passenger on a coach or bus after being trapped in a collision caused by the driver’s negligence.
- Where you’re crushed due to overcrowding at an event like a concert or in a nightclub.
- If you’re crushed because of crowd trouble at a football match where there was a lack of control and supervision by stewards or the police.
Again, however you have been injured, our personal injury solicitors could help you to claim if the accident was someone else’s fault. To find out more, please use live chat or give us a call today.
Providing proof for crush injury compensation claims
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.
Crush injury claim time limits
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.
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.
Crush injury claims don’t usually require court action as both parties will try to settle the case amicably. The process can take as little as 6 to 9 months if liability is agreed upon quickly. In more complex cases, your claim could take more than a year if extra time is needed to ascertain how your injuries will affect you. In these cases, interim payments might be secured by your solicitor to help cover any immediate expenses.
No Win, No Fee crush injury claims
Our solicitors offer a No Win, No Fee service for any crush injury claim they accept. 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.
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.