A crush injury can occur in a variety of different circumstances. After sustaining a potentially serious and life-altering injury caused by a negligent third party, you may be wondering if you could make a crush injury claim.
This guide covers important topics such as eligibility, calculating compensation and the personal injury claims process. We have also included some example scenarios of how a crush injury could occur.
The final section looks at how our expert panel of personal injury solicitors could help you make a claim.
For a free assessment of your eligibility to claim or get answers to any questions, you can speak to our advisory team at any time via:
- Phone using 0800 408 7826.
- Our live chat window.
- The contact us form.
Browse This Guide
- Compensation Calculator For A Crush Injury Claim
- When Can You Claim Compensation For Crush Injuries?
- How Do You Claim Crush Injury Compensation?
- How Long Do You Have To Make A Crush Injury Claim?
- Why Use A No Win No Fee Solicitor When Claiming For A Crush Injury?
- Read More About Making Crush Injury Compensation Claims
Compensation Calculator For A Crush Injury Claim
Compensation in a successful crush injury claim can be awarded under two heads of loss: general and special damages. Special damages award for the financial losses caused by your injuries. We will address this in more detail below.
The pain and suffering caused by your crush injury will be compensated under general damages. Those tasked with calculating compensation under this head can refer to the figures from the Judicial College Guidelines (JCG) alongside any provided medical documents.
Compensation Table
The table below uses figures from the JCG, with the exception of the first entry. However, you should use these figures as a guide only because settlements can vary.
| Injury | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries With Special Damages | Very Severe | Up to £1,000,000 + | Compensation for a combination of multiple very severe injuries with substantial financial losses including medical bills, home modifications and lost income. |
| Leg Injuries | Amputations (a)(i) | £293,850 to £344,150 | Loss of both legs, such as an above-knee amputation. |
| Severe (b)(i) | £117,460 to £165,860 | Injuries not involving amputation but of similar severity, such as fractures that haven't united and extensive bone grafting has been undertaken. | |
| Foot Injuries | Amputation of Both Feet (a) | £206,730 to £245,900 | Similar to a below the knee amputation due to the common loss of the ankle joint. |
| Chest Injuries | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 | Serious damage to the chest causing severe pain and permanent scarring. |
| Traumatic Injury to Chest, Lung(s), and/or Heart (b) | £80,240 to £122,850 | Resulting in permanent damage and functional impairment. | |
| Other Arm injuries | Severe (a) | £117,360 to £159,770 | Extremely serious injuries that leave the injured person little better off than if the arm had been lost. |
| Hand Injuries | Amputation of Index and Middle and/or Ring Fingers (d) | £75,550 to £110,750 | The hand will be of very little use with very weak grip. |
| Less Serious (g) | £17,640 to £35,390 | Such as functional impairment from a severe crush injury. | |
| Serious Injury to Ring or Middle Fingers (k) | £12,590 to £19,940 | Fractures or serious tendon damage resulting in permanent weakness of grip. |
Special Damages
Financial losses incurred as a result of your injuries may be reimbursed under special damages. Crush injuries could have serious and lasting consequences on your mobility and ability to undertake work. As such, it is very often the case that the payout under special damages is greater than that for general damages.
We have provided a few possible costs you could potentially claim back below:
- Care costs.
- Lost earnings.
- Medical Bills.
- Transport expenses.
- Home modifications.
The information provided in this section is intended as guidance only. To get a more personalised estimate of how much compensation you could be entitled to, contact our advisors today.
When Can You Claim Compensation For Crush Injuries?
A crush injury claim could be made following an accident that was caused by a third party failing to uphold their duty of care. You will need to demonstrate that you were owed this duty at the time of the accident and that by breaching this duty, the third party caused your injuries.
A crush injury occurs when part of your body is crushed as a result of an impact with a solid object. We’ll look at some specific scenarios below, but as an example, if you were working with a machine that had not been adequately maintained and your hand got crushed between moving parts, you could be entitled to a claim.
Accidents At Work
Employers are required to take reasonable and practicable steps to ensure the safety of their employees as per the Health and Safety at Work etc. Act 1974.
An example of an employer breaching this duty and causing a work injury could be:
- Your hand gets stuck on one of the conveyor belts due to a fault that was reported but not addressed, breaking and crushing several of your fingers.
Road Traffic Accidents
All road users, including drivers, pedestrians, and cyclists, have a duty of care to each other. As per this duty, road users are required to navigate the roads in a way that avoids causing harm to each other. This means abiding by the rules and regulations of the Road Traffic Act 1988 and the Highway Code.
As an example of a road traffic accident occurring due to a breach of duty includes:
- A multi-car pile-up occurred when a driver on their phone entered the oncoming lane. In this crash, you suffered a severe crush injury to your leg when the car collided with yours. This leads to you requiring a surgical amputation later on.
To ask further questions on what your personal injury claim could be worth, or for a free assessment of your eligibility to claim, talk to an advisor today.
How Do You Claim Crush Injury Compensation?
A crush injury claim must follow the Pre-action Protocol for Personal Injury Claims. This set of steps need to be carried out before a case can be brought to court.
The aim of these steps is to settle the claim without trial if at all possible. We have set out these steps here:
- Letter of Notification: A Letter of Notification is sent from the claimant to the defendant informing them that a claim is likely to be made against them.
- Rehabilitation: Both parties should consider whether the claimant requires medical or rehabilitative treatment as soon as possible.
- Letter of Claim: The Letter of Claim is the formal declaration that a claim is being made. This letter should summarise the facts on which the claim is being made and detail what injuries were sustained.
- Response: The defendant has 21 working days to respond to the Letter of Claim. Then, there will be a maximum of 3 months from the date of acknowledgement to investigate.
- Disclosure: An exchange of relevant documents and other information should occur with the aim of clarifying points of claim and facilitating a resolution.
- Negotiations: This is where a Part-36 offer can be made, and offers to settle pre-proceedings can be issued by both parties
- Alternative Dispute Resolution: Also known as ADR, this is where the parties sit down and attempt to reach a mutually beneficial settlement. Examples can include arbitration or mediation.
If all these are followed and the dispute remains unsettled, then the claim will go to trial.
While you can undertake the Pre-action protocol by yourself, working with a solicitor will mean all these steps are done on your behalf. You will also benefit from your solicitor’s knowledge and experience
To learn about the Pre-action protocol or to find out if you could be eligible to claim compensation, contact our advisors today.
How Long Do You Have To Make A Crush Injury Claim?
Usually, a personal injury claim will need to be made within 3 years, as set out in the Limitation Act 1980. However, exceptions to this general time limit can apply in some cases, including:
- Child injury claim: If the injured person was under 18 when the accident occurred, the 3 years will be counted from their 18th birthday.
- Lacking sufficient mental capacity: Injured persons who lack sufficient mental capacity will have the 3-year limit frozen altogether.
A suitable adult can apply or may be appointed by the Court, to act as a litigation friend for the injured person and claim on their behalf in these instances. You learn more about litigation friends and inquire as to whether any exceptions apply in your particular circumstances by talking to our advisors using the details provided below.
Why Use A No Win No Fee Solicitor When Claiming For A Crush Injury?
Making a crush injury claim with a No Win No Fee solicitor can be highly beneficial. Our panel can offer legal services under a Conditional Fee Agreement (CFA).
This type of contract offers some very desirable benefits, including:
- Not paying a fee to the solicitor to start work on the claim, in most cases.
- Neither will there be fees for that work during your claim.
- Finally, if the solicitor loses the claim, you won’t be paying for the work they have done.
Should your claim be successful, you’ll receive a personal injury compensation award. A success fee will be taken by the solicitor from your compensation. However, since The Conditional Fee Agreements Order 2013 caps success fees, you will keep the majority of any compensation awarded.
For a free assessment of your eligibility to claim or get answers to any questions, you can speak to our advisory team at any time via:
- Phone using 0800 408 7826.
- Our live chat window.
- The contact us form.
Read More About Making Crush Injury Compensation Claims
Read some more of our personal injury claims guides on our website:
- Learn more about making a farm accident claim here.
- Find out if you could make a claim for a fractured pelvis following an accident.
- Improper manual handling practices could lead to a crush injury. Read our guide on manual handling claims for more information.
You can also view these additional resources for more information:
- The NHS has published this resource on administering first aid to an injured person.
- Read the latest road safety campaigns from THINK! on their website.
- Learn more about the legal process of claiming compensation after an accident or injury with this Government resource.
We’d like to thank you for reading this guide to making a crush injury claim. For more information on making a personal injury claim or to get your eligibility assessed, talk to our advisory team today.