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Crush Injury Claims Specialists
Read our comprehensive guide on crush injury claims, and learn how our No Win No Fee solicitors could help.
£85 million in compensation
Crush Injury Claims Specialists
Read our comprehensive guide on crush injury claims, and learn how our No Win No Fee specialists could help.
How To Make Crush Injury Claims
A crush injury can occur when significant force or pressure is applied to the body, usually in cases where a body part is squeezed between two objects. These accidents can result in life-altering injuries, such as fractures or even paralysis.
You could make a personal injury claim with us at JF Law if we can prove that your injuries are a result of someone else’s negligent actions. Continue reading to learn more about the crush injury claims process.
Essential Information
- Crush injuries could include minor fractures to severe conditions such as paralysis.
- Following a crush injury, you may have to pay for care and rehabilitation. You may also not be able to work.
- Any financial losses you have suffered due to your crush injuries could also be claimed for within a personal injury claim.
- If your claim fulfils the eligibility criteria, you could make a No Win No Fee claim with our solicitors.
- In certain circumstances, you could also make a claim on someone else’s behalf.
If you’ve got any questions about crush injury claims, or if you’d like some free advice for your particular case, you can reach our helpful advisors by:
- Calling us on 0151 375 9916
- Filling out our online form
How To Make A Claim For Crush Injury Compensation
For you to be eligible to make a crush injury claim, your case must satisfy the eligibility requirements. In order to do so, we must be able to prove that the following three elements are present in your claim:
- Someone owed you a duty of care
- They breached this duty
- This caused you to experience a crush injury
A duty of care is a legal responsibility to ensure someone’s reasonable safety. There are various instances where you are owed a duty of care, such as:
- Whilst at work. Under the Health and Safety at Work etc Act 1974 your employer owes you a duty of care to take all reasonable steps to ensure your safety at work. They can do this by following the guidance laid out by the Health and Safety Executive, which is the body responsible for governing workplace safety in the UK. As per their duty of care, your employer should supply you with personal protective equipment where needed and ensure that you receive adequate training for the role for which you have been employed.
- On the roads. All road users must operate on the roads in a way which prevents causing harm or damage to other road users, per their duty of care. They must also adhere to the Road Traffic Act 1988 and the Highway Code.
- In a public place. The duty of care owed to you can be found in the Occupiers’ Liability Act 1957. As per the Act, the person or organisation responsible for the premises has a duty of care to ensure your reasonable safety whilst visiting that space.
How Long Do I Have To Claim For A Crush Injury?
Generally, most compensation claims are subject to a 3-year time limit. This is established under the Limitation Act 1980, which outlines two exceptions to these time limits:
- Claimants under 18 will have 3 years from the date of their 18th birthday to start their claim. This is because those under 18 can’t legally make a claim.
- Those who are mentally incapacitated will have their time limit suspended until they make a full recovery, where possible. Their time limit would then run from the date of their recovery.
How To Claim On Behalf Of A Loved One
You can make a claim on behalf of a loved one in two circumstances: either if the claimant is under the age of 18 or if the claimant is mentally incapacitated, as both groups are unable to claim on their own.
In both cases, you could be appointed by the courts as their litigation friend, giving you the power to make a claim on their behalf and with their best interests in mind. Here at JF Law, we can help you apply for this role.
Fatal Crush Injury Claims
If, unfortunately, due to someone else’s negligent actions, a loved one has suffered a fatal crush injury, a fatal accident claim could be made.
In the first 6 months following the death, under the Law Reform (Miscellaneous Provisions) Act 1934, only the deceased’s estate can make a claim. This claim can encapsulate the pain, suffering and financial implications felt by the deceased prior to death. The estate also has the power to make a claim on behalf of the deceased’s dependents.
However, if a claim hasn’t been made on behalf of the dependents following the first 6 months, under the Fatal Accidents Act 1976, they are able to make their own claim. This claim is for how the death has impacted them.
If you’d like any further information about fatal accident claims, get in touch with us today.
The Average Compensation Paid Out In Crush Injury Claims
When calculating the average compensation paid out in crush injury claim, the two heads of loss that can be awarded will need to be considered: general and special damages.
General damages aim to compensate you for the physical and psychological impact of your injuries; they can compensate for the pain, suffering and any loss of amenity.
Special damages are for any financial expenses or losses you have suffered due to your injury. We discuss this in depth in the next section of this guide.
With this said, those responsible for calculating your general damages might make reference to the Judicial College Guidelines (JCG). This is a tool which outlines guideline compensation brackets for injuries.
Our table below shows some of these JCG figures relating to crush injuries. Please note that the top entry has not been taken from the JCG, and these figures are not a guarantee of compensation.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple severe injuries and special damages | A number of serious injuries and special damages such as a loss of earnings | Up to £1,000,000+ |
| Paralysis – Tetraplegia | Claimants will need assistance with bodily functions, and their ability to communicate will be impacted | £396,140 to £493,000 |
| Paraplegia | The amount awarded will be affected by any impact on sexual ability, how present and serious the level of pain is and any impact on life expectancy | £267,340 to £346,890 |
| Brain Damage – Very Severe | Little meaningful response to any environmental stimulus, and there may be some ability to follow commands | £344,150 to £493,000 |
| Brain Damage – Moderately Severe | Very serious level of disability, with dependence on others for care | £267,340 to £344,150 |
| Leg Amputations – Above-Knee Amputation of One Leg | The amount awarded will depend on the presence of any phantom limb pain, and the success of any prosthetic limbs | £127,930 to £167,760 |
| Leg Amputations – Below-Knee Amputation of One Leg | The highest award in this bracket would be for traumatic amputation which occurs in a devastating accident | £119,570 to £162,290 |
| Hand Injury – Total or Effective Loss of One Hand | A crush injury necessitating a surgical amputation | £117,360 to £133,810 |
| Toe Injury – Amputation of All Toes | The amount awarded will be impacted by how much of the forefoot has been lost, as well as if the amputation traumatic or surgical. | £44,570 to £68,430 |
| Back Injury – Moderate (i) | A compression or crush fracture to the lumbar vertebrae | £33,880 to £47,320 |
To learn more about how compensation is calculated in crush injury claims, you can contact our advisors today.
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What Else Can Be Covered By Crush Compensation?
As aforementioned, any financial losses you have suffered due to your injury could also be covered by your crush compensation under the heading known as special damages.
Some examples of special damages you could claim include:
Lost Earnings
Suffering a crush injury might’ve left you unable to work, resulting in lost earnings. This could have had a knock-on effect, for example, if you’ve now lost out on pension contributions following your time off. These lost earnings can be taken into consideration when your special damages are being calculated and can be proven with payslips.
Cost Of Care
Your special damages could also incorporate the costs of care you now have following your injury. This might include direct care costs for day-to-day care from professional carers, but can also account for gratuitous care payments if a family member has taken time off work to provide you with care.
Another point of note here is that if you have mounting childcare costs due to being unable to provide care, these costs could also be valued as part of your compensation.
These costs could be proven with invoices, for example.
Medical Expenses
Following your crush injury, you might now be facing rising medical costs, particularly if you need reconstructive surgeries, for example. Your medical costs might include the costs of prescriptions or private medical appointments. These could all be taken into consideration when your special damages are being calculated and could be proven with invoices or bank statements.
Rehabilitation Or Recovery
After experiencing a crushing accident, you might need extensive rehabilitation to help readjust following your injuries. Costs for physiotherapy or physical therapy can be expensive, and these expenses can be valued as part of your damages.
Home Or Car Adaptations
Unfortunately, suffering a crush injury could have left you with a permanent disability, necessitating adaptations to your home or vehicle. These modifications can help you in adjusting after your accident, and potentially improve your quality of life. Special damages could cover the costs of any adaptive equipment, such as wheelchair ramps or the expenses of a new vehicle.
Cost Of Travel
Any travel expenses incurred as a result of your injuries can also be claimed as part of your special damages. This could include costs for fuel, taxi expenses or if you’ve had to arrange mobility-friendly transport, these costs can also be included in your compensation and proven with receipts or travel tickets, for example.
Early Access To Compensation
You could be eligible to apply for interim payments only if there is a high likelihood that your case will be successful, or if the defendant admits liability. This is because any interim payments you receive would be deducted from your compensation at the end of your claim.
These advance payments help claimants avoid mounting costs or financial burdens during the claims process. Here at JF Law, our solicitors could help you to apply for these payments, so if you would like to learn more about how they could help you, get in touch with us today.
How Might Negligence Cause A Crush Injury To Happen?
There are various way the neglgient actions of another could cause a crush injury; below we have set out some examples:
Accidents At Work
Some accidents at work could result in crush injuries, such as:
- Your employer fails to provide your colleague with adequate training on how to operate a forklift safely. Despite this, at your employer’s request, your colleague uses the forklift. They are unaware of how to use the brakes properly, causing them to crash into you, crushing you between a wall and the forklift. Your leg is severely crushed, later requiring a surgical amputation.
Road Traffic Accidents
Road traffic collisions can cause life-altering consequences. For example, this could occur if:
- You are walking on the pavement when a driver who is under the influence of alcohol collides with you. They crush your body between the car and a brick wall, causing a spinal injury and a broken arm.
Public Liability Accidents
As we previously mentioned, as a visitor, the duty of care owed to you is to be kept reasonably safe whilst using the occupier’s premises. An example of how you may suffer a crush injury in a public space includes:
- Whilst at a restaurant, an overhead light fixture was not properly installed, causing it to fall onto you. This results in crush injuries, including a broken arm and a neck injury.
The examples we have provided are not exhaustive, so if your claim particulars are different, please don’t worry. Get in touch with us today for a free claim validity discussion.
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on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Complications Can Result After A Crush?
Unfortunately, crush injuries can be severe and have serious lasting consequences. Some short-term complications of a crush can include bleeding or bruising, or even damage to muscles or ligaments; whereas, longer-term issues might include permanent mobility problems.
Some more complications resulting from a crush could include:
- Amputations – crush injuries may be so severe in some cases that they later require surgical amputation, resulting in mobility issues.
- Rhabdomyolysis – this occurs if muscle tissue begins to break down, often causing pain, nausea and vomiting
- Hypovolemic shock – where a large amount of blood has been lost, resulting in a drop in blood pressure and loss of oxygen delivered to muscular tissue
- Avulsions – where a part of your body, such as muscle fibres, is torn away during the crush injury
If you’d like to discuss your own experience with suffering a crush injury, get in touch with our advisors today. They are available to discuss any questions you might have.
How Can I Make A Claim After Suffering A Crush Injury?
An important stage within the crush injury claims process is ensuring that you have evidence to support your case. This could be documentation which helps to prove irrefutably that someone else’s negligent actions caused your injuries.
Your evidence might include:
- Medical evidence, such as GP records, to show any prescriptions, treatment or known allergies
- CCTV or dashcam footage if the accident was caught on camera
- Any police reports or emergency service reports
- The report of your accident in the accident book if it took place at work or in public
- Financial documents proving your lost earnings or other expenses you have paid for
- Details of any witnesses who could later provide a statement
As part of the services offered by our solicitors, we could help you with evidence gathering. Contact us today to learn what evidence would be beneficial to your crush injury claim.
Can I Make A No Win No Fee Crush Compensation Claim?
Yes, if your claim satisfies the eligibility criteria, you could make a No Win No Fee claim with us at JF Law. Our solicitors operate through a contract known as a Conditional Fee Agreement, which essentially means you have no upfront fees for our legal services or any service fees as your case progresses. As well as this, if your claim were unsuccessful, you wouldn’t have to pay a penny for our legal services.
If your claim was, however, successful, a small fee would be payable from your compensation. This fee is limited in line with the Conditional Fee Agreements Order 2013, to ensure that claimants receive the majority of their compensation.
To learn more about how a No Win No Fee claim works, contact us today.
How Can JF Law Help Me Through The Claim Process?
Through instructing one of our specialist solicitors, you can rest assured that they are dedicated to offering you support and clear, concise advice throughout the crush injury claims process.
As well as the benefits of claiming on a No Win No Fee basis, by choosing to work with one of our solicitors, you can expect:
- Regular contact and updates about your claim’s progression
- Support with evidence-gathering
- Decades of experience advocating for claimants across the country
- Making sure your claim is started within the permitted time limit
- Working alongside you to develop a rehabilitation plan
- Negotiating a compensation settlement to include both your general and special damages.
We understand that making a claim might feel daunting and overwhelming, particularly if you’ve never made a claim before; that is why our team are committed to offering guidance through every step.
If you’ve got any questions about crush injury claims, or if you’d like some free advice for your particular case, you can reach our helpful advisors by:
- Calling us on 0151 375 9916
- Filling out our online form
More Information
Why not read our other guides on:
- How to claim for a roofer accident
- Gym accident claims
- Bus accident claims
Useful External Resources
- NHS advice about back pain
- How to apply for Statutory Sick Pay from GOV.UK
- Managing sick leave information from the Health and Safety Executive
Thank you for reading this guide on crush injury claims.
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