If you’ve suffered a laceration injury because somebody else has been negligent or careless in some way you could make a laceration compensation claim.
The term “laceration” covers a whole host of different injuries from superficial skin surface damage to deeper more damaging lacerations. A laceration can impact everything from muscles to tendons, ligaments to bones and more. The deeper the laceration the greater the likelihood of injury, and infection can also be a major problem if there is any delay in treatment. As a consequence, it is perfectly legitimate to stake a personal injury claim for lacerations where there is negligence by a third party.
The very nature of a laceration means the injury can happen anywhere at any time although the vast majority of laceration compensation claims are the result of road traffic accidents and incidents in the workplace. We see many incidents where lacerations have a major impact upon a victim’s standard of living not to mention inflicting significant physical and mental pain.
In order for any laceration compensation claim to be successful there is a need to prove negligence by a third party which led to the accident and the injury.
Claiming Compensation For Lacerations
A laceration can occur when hitting any surface but the vast majority of personal injury claims relating to deep cuts are a consequence of blunt trauma, collision, physical blow, sharp objects or a fall. There are also many different materials which are potentially dangerous with glass the most obvious one. The range and breadth of potential lacerations in a working and nonworking environment are enormous.
Relatively minor lacerations can heal fairly quickly although they may leave a small scar. Deeper more extensive lacerations can have a significant impact upon the well-being and sometimes the mobility of an individual which would be accounted for when calculating compensation for a laceration injury. It is also worth noting that where there are cuts and lacerations there is always the added risk of infection which can bring about an array of other side effects. Some of the more common types of laceration injury include:
- Muscle/ tendon damage.
- Nerve damage.
While lacerations can vary in size and depth, we generally find that the deeper the laceration the more medical attention required and the greater the potential for a period of prolonged rehabilitation and compensation payout. Fairly straightforward lacerations may require no significant medical attention but there are numerous occasions where surgery, skin grafts and even amputations are required. Even though we tend to focus on the physical aspect of a laceration injury there may be deeper psychological issues to take into account further down the line. It is worth noting that both the physical and psychological impact of a laceration injury will be taken into account if any compensation is awarded.
Proving Liability In Laceration Injury Claims
It goes without saying that in order to pursue a successful laceration personal injury claim the claimant will need to prove negligence after which liability can be apportioned. Generally there is only one negligent third party but there will be instances where various parties have failed to address their legal obligations and liability could be split. As the workplace tends to be the area in which most lacerations occur we have listed a number of common causes below:
- Failure to wear the appropriate safety equipment.
- Substandard training and insufficient monitoring of employees.
- Contact with metal items such as nails, screws, spikes, etc.
- Power machines with sharp and fast rotating components.
- Handheld cutting equipment such as knives as well as screwdrivers, box cutters, etc.
- Handling materials with sharp edges such as sheet metal.
- Using the wrong tool for a specific task.
- Handling materials such as glass which can cut and shatter.
- Misuse of tools, often a means of short cutting a process.
- Poor maintenance of the working environment such as an untidy/ dangerous floor.
- Lighting issues which can significantly increase the level of danger.
Aside from the prospect of being taken to court for personal injury compensation, there are also an array of acts of law which are there to protect employers and employees from accidents at work. In many cases, a successful prosecution of an employer under any of the various working health and safety acts can strengthen the case for a personal injury claim.
Lacerations From Road Traffic Accidents
Where excess speed is involved, contact with another vehicle and the potential to be thrown to the ground at speed, a whole range of different levels of laceration can occur. Unfortunately road traffic accidents involving vehicles, motorbikes and innocent bystanders occur on a regular basis often causing significant injury. While the initial impact of an accident involving one or more vehicles can be extremely dangerous, we also see injuries caused by passengers being thrown through a windscreen resulting in severe head trauma.
Many people may not be aware but under statutory law the Road Traffic Act 1988 deems that road users have a reasonable “duty of care” to avoid injuring others. As a consequence the driver of a vehicle or even a pedestrian found to be at fault may well face personal injury claims if deemed to have been negligent. The term “reasonable” is very important when apportioning liability because even in the event of a road accident an “at fault” third party may well have done everything in their reasonable power to avoid such an incident.
Laceration Injury From Accidents In Public Places
When setting up a business, the owners are legally obliged to take out a range of insurances including public liability insurance. This covers a number of potential accidents which may occur on the premises because of action taken by the owner or employees of a business. Those suffering lacerations in public places such as shops, pubs, restaurants and gyms for example can often prosecute those responsible for their safety at the time of the injury. Under the Owners Liability Act 1984 this liability generally falls on the owner or manager of the business.
Laceration Injury Due To Medical Negligence
Lacerations can also occur while under the direct care of medical professionals with injuries caused by botched surgery and defective products commonplace. Just because there is a perceived risk of injury, in cases such as surgery, this does not protect the third parties involved from prosecution where they have been negligent and held liable.
Starting A Laceration Compensation Claim
It is extremely important that a medical assessment is obtained as soon as possible in the event of a laceration which may result in a personal injury claim. As with any injuries and potential liability, not all lacerations will result in a bone fide compensation claim but where liability is proven because of negligence there could be a strong case.
You should contact a personal injury claims solicitor as soon as possible with details of the incident and the resulting laceration injury. Medical evidence, witness reports and any other information relevant to the case would then be collated and reviewed. Where there is obvious liability, because of negligence, an action will be lodged and the defendant given the opportunity to see the evidence and act accordingly.
In the event of a successful ruling of liability a laceration compensation claim will be lodged to take into account not only the cost of medical attention and any future rehabilitation costs, but also the impact on the claimant’s lifestyle. While the vast majority of lacerations will heal to a great extent, some of the deeper injuries can have long-lasting consequences – there are cases where amputation is the only option. This would likely have a major impact on any compensation payment which would include loss of earnings going forward. As with the vast majority of personal injury claims, laceration compensation claims are often settled out of court as a means of avoiding added legal expense and potential damage to the reputation of a liable third party.