Suffering a crush injury can have life-altering impacts; it might have left you immobile or unable to work as a result. Our guide today will explore how much compensation for a crush injury claim you could receive, and how you could be eligible to make a personal injury claim with us. Keep reading to learn more.
What You Need To Know
- You could make a No Win No Fee claim with a solicitor from our panel.
- Compensation in successful claims could consider the physical, psychological and financial impact of your injuries.
- Generally, most claims must be started within 3 years of the date of the accident.
- A solicitor from our panel could help in gathering evidence to support your claim.
- Compensation could help with loss of earnings, care costs or even rehabilitation costs.
Contact Us
To learn more about how to start your crush injury claim, you can contact us by:
- Calling us on 0800 408 7826
- Filling out our online contact form
- Using our live chat
Frequently Asked Questions
- How Much Compensation For A Crush Injury Claim Could I Get?
- What Can Compensation Help With After A Crush Injury?
- Can I Make A Crush Injury Compensation Claim?
- What Accidents Could Lead To A Crush Injury?
- What Are The Most Likely Complications Of A Crush Injury?
- How Can I Make A Claim For Crush Injury Compensation?
- Get Help From How Much Compensation For Your Crush Injury Claim
- Learn More
How Much Compensation For A Crush Injury Claim Could I Get?
How much compensation for a crush injury claim depends on a few factors. The severity of your injuries, as well as your projected recovery time, will impact the amount of compensation you could be eligible for.
In successful claims, your compensation could be comprised of two heads of loss, called general and special damages. Your general damages are concerned with the pain, suffering and loss of amenity caused by your accident. So, if your injury has meant you’re unable to enjoy your hobbies the same way you were able to beforehand, then this would also be considered.
The other head of loss, special damages, is concerned with the financial losses caused by your injuries. We explore how these are calculated later in our guide.
However, when your general damages compensation is being calculated, the solicitors responsible could consider documents such as the Judicial College Guidelines (JCG). This is a framework which displays guideline brackets of compensation for various injury types.
Our table below contains some of these compensation guidelines relating to crush accidents and injuries. Please be aware that the top entry has not been taken from the JCG, and these are guideline amounts only.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple severe injuries and special damages | Various serious injuries as well as special damages such as loss of earnings | Up to £1,000,000+ |
| Paralysis - Tetraplegia (also known as Quadriplegia) | Cases will show significant effect on senses or ability to communicate as well as needing help with bodily functions. | £396,140 to £493,000 |
| Paralysis - Paraplegia | The following factors will impact the amount awarded: - age and life expectancy - impact on sexual function - the presence and extent of pain | £267,340 to £346,890 |
| Brain Damage - Very Severe | Little, if any, evidence of meaningful response to environment, little or no language function, double incontinence, and the need for full-time nursing care. | £344,150 to £493,000 |
| Leg Injury - Above-Knee Amputation of One Leg | Factors which will affect the award are: the level of the amputation; the severity of any phantom pains; pain or other problems with a stump | £127,930 to £167,760 |
| Leg Injury - Severe (iv) Moderate | Severe crushing injuries or multiple fractures to one limb. | £33,880 to £47,840 |
| Hand Injury - Total or Effective Loss of One Hand | The hand will been crushed an surgically amputated. | £117,360 to £133,810 |
| Toe Injury - Amputation of All Toes | The amount of compensation will be impacted by whether or not the loss of toes was traumatic or surgical and the level of the amount of forefoot lost | £44,570 to £68,430 |
| Back Injury - Moderate (i) | The lumbar vertebrae has suffered a crush or compression fracture. | £33,880 to £47,320 |
| Foot Injury - Serious | Injuries less severe than in above but leading to continuing pain from traumatic arthritis or the risk of future arthritis | £30,500 to £47,840 |
To learn more about how much compensation for a crush injury claim, you can contact our advisors.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Can Compensation Help With After A Crush Injury?
We understand that compensation cannot undo the harm caused by a crush injury, but it could help to achieve a sense of justice and provide financial relief.
Below, we discuss how special damages could help in the aftermath of suffering a crush injury:
Loss Of Earnings
You might’ve been left unable to work as a result of your injuries, meaning you have lost earnings either currently or future earnings. As a result, you may have also lost pension contributions and other benefits, such as company healthcare. These losses can be assessed as part of your special damages.
Medical Treatment
Medical expenses such as prescriptions, further treatments, or even counselling to help with the aftermath of your crush injury can be high costs; by keeping receipts of evidence of these costs, you could potentially claim for these expenses under your special damages.
Cost Of Care
After suffering a crush injury, you might now require either gratuitous or professional care. This could be more intensive care, such as help with feeding or mobility, or slightly less intensive care. Either way, the costs of care can mount and accumulate, making them quite expensive. These expenses can be taken into account when calculating your special damages.
Rehabilitation
Recovery costs can be expensive, particularly if you need around the clock care or live-in carers. These rehabilitation costs can be calculated and considered as part of your special damages.
Adaptations Or Aids
Suffering a crush injury can leave you with permanent mobility issues, which could then require the need for vehicle or home adaptations or even mobility aids such as wheelchairs.
You might now require a wheelchair ramp to be built, or you might need vehicular adaptations to accommodate your injuries. The cost of these adaptations can also be valued within your special damages.
Travel Expenses
Travel expenses such as fuel costs, taxi, or even mobility-friendly transport such as minibus expenses could be claimed back.
Interim Payments For Crush Injury Claims
You could apply for interim payments if there is a high likelihood that your claim will succeed or if the defendant admits liability. These payments are designed to help claimants avoid mounting accommodation fees or enduring money worries while the claim is in progress.
Any interim payments that you receive will be deducted from your compensation award at the end of your claim. Here at How Much Compensation, our specialists could help you apply for these advance payments.
Contact us today to see how much compensation for a crush injury claim could potentially be awarded.
Can I Make A Crush Injury Compensation Claim?
Anyone can make a crush injury as long as their case satisfies the eligibility criteria. In order to do so, we must prove three components:
- Someone owed you a duty of care – this varies depending on where your crush injury took place
- The person who owed you the duty of care breached it
- Their breach led to your crush injury
These three factors account to negligence, which forms the basis of all compensation claims. However, as we previously discussed, the duty of care owed to you in different settings is governed by various laws. For example:
- In an accident at work – under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care in the workplace. To adhere to their duty of care, they must take all reasonable steps to ensure your health and safety in the workplace.
- In road traffic accidents – road users have a duty of care to use the roads in a way that minimises their risk of causing harm or damage to other motorists, pedestrians or anybody using the road. They must also abide by both the Highway Code and the Road Traffic Act 1988,
- Accidents in public places – under the Occupiers’ Liability Act 1957, a duty of care is owed by the person or organisation in control of the public place. As per their duty of care, they should take steps to ensure that you are reasonably safe whilst using the premises.
Can I Make A Claim On Behalf Of A Loved One?
Yes, you can make a claim on behalf of a loved one in two situations: if the claimant is under 18 or lacks the mental capacity, as they would be unable to claim on their own.
In these cases, you can apply to be or be appointed by the courts to be their litigation friend. You would be able to make a claim on their behalf and act in their best interests.
If you’d like to learn more about claiming for a loved one, contact us today.
Fatal Crushing Injury Claims
If the negligent actions of another lead to a loved one suffering a fatal crush injury, a fatal accident claim could be made.
Under the Law Reform (Miscellaneous Provisions Act) 1934, within the first 6 months following the death, the deceased’s estate can claim for any pain, suffering, and financial effects felt prior to death. The estate also has the power to claim on behalf of the dependents.
However, if a claim hasn’t been made on behalf of the dependents within the first 6 months, under the Fatal Accidents Act 1976, dependents can make their own claim. They are able to claim how the death has had an impact on them.
We understand that making a claim on behalf of a loved one who has passed can be really challenging, that’s why our panel of solicitors will provide support at every stage of the claim.
Contact us today to learn more about acting as a litigation friend or making a fatal accident claim.
What Accidents Could Lead To A Crush Injury?
Various accidents could lead to a crush injury, such as an accident at work, a road traffic accident or an accident in a public place. Below, we explore a few examples of how accidents could lead to a crush injury in these different scenarios:
Accidents At Work
Unfortunately, some serious workplace accidents could result in crush injuries. This might occur if, for example:
- It has been reported to your employer that the conveyor belt in your warehouse is defective. Despite these complaints, your employer fails to get this machinery fixed, and as a result, you get your hand crushed as it gets stuck in the conveyor belt. This causes a traumatic amputation of two of your fingers.
- Your colleague is working on a forklift at your employer’s request. They haven’t been trained to operate this forklift, causing you to become crushed between the forklift and boxes of stock. You suffer multiple severe injuries, including a spinal injury and broken bones.
Road Traffic Accidents
Road collisions can have detrimental impacts on those involved, sometimes resulting in crush injuries, for example, if:
- A driver is speeding on the motorway, causing them to lose control of the vehicle. Their car collides with your car, and immediately compresses on impact, causing a severe crush injury that leads to the amputation of your leg.
- A car occupant is under the influence of drugs and, as a result, fails to properly assess their surroundings. You are cycling when you’re suddenly hit by their car and pinned between the vehicle and a wall, causing multiple rib fractures as well as a severe neck injury.
Accidents In Public Places
Public places such as gyms and restaurants should be upkept to ensure the reasonable safety of members of the public who might use the premises. Examples of how a public liability accident might result in crush injuries could be if:
- It has been reported to the gym staff that the Smith machine is faulty, and they have failed to provide signage warning of potential dangers. Because of this, you use the machine, and a weight crushes you against the floor, causing a broken leg.
- You are in a restaurant when a poorly maintained wall collapses and lands on you. This causes crush injuries, including a broken arm and bruising.
The examples we have explored are not the only ways in which these types of injuries can occur, so if your case details differ from those above, please don’t worry. Get in touch with our advisors today for a free claim validity discussion.
What Are The Most Likely Complications Of A Crush Injury?
Crush injuries cause both short-term and long-term impacts. For example, some short-term issues could be bruising or bleeding by the affected area, or soft-tissue damage such as tears to muscles or ligaments.
Some more serious consequences could include:
- Rhabdomyolysis: the breakdown of muscle tissue, sometimes causing muscle soreness, vomiting and nausea.
- Hypovolemic shock: this occurs after a crush injury if a lot of blood has been lost, causing a drop in blood pressure and a lack of oxygen delivered to muscular tissues.
- Avulsions: where a part of the body detaches, following a forceful injury. This could occur if ligaments, muscle fibres or even limbs are torn away during your crush injury.
- Amputations: some crush injuries can be so severe that they later require surgical amputation.
Suffering these types of injuries can be life-altering, which is why our panel of solicitors are committed to achieving a suitable settlement which accurately reflects the extent of your injuries. Contact us today to learn how we could help you.
How Can I Make A Claim For Crush Injury Compensation?
An important part of any claims process is to ensure it is started within the permitted time limit. Under the Limitation Act 1980, you generally have 3 years from the date of your crush injury to make a claim, unless one of the exceptions applies:
- Those who are under 18 at the time of the accident will have 3 years from the date of their 18th birthday to start their claim.
- Vulnerable adults or those who are mentally incapacitated will have a paused time limit until they make a full recovery, if this is possible. Their time limit would then run 3 years from the date of their recovery.
Another vital stage of making a crush injury claim includes evidence. This could be documentation that demonstrates how someone else’s negligent actions caused your injuries.
Your evidence in these types of claims could include:
- CCTV or dashcam footage if the accident was caught on camera
- Any details of anybody who might have witnessed the accident, sa witness statement could be taken from them at a later date
- Medical records or your GP record, to demonstrate your diagnosis, any treatments or prescriptions
- A copy of your workplace accident report book, if you had an accident at work
- Any photographs of your injuries
As part of the services on offer, a solicitor from our panel could help in obtaining this evidence to strengthen your claim. If you’d like to learn more about what evidence is useful in crush injury claims, contact us today.
Get Help From How Much Compensation For Your Crush Injury Claim
Solicitors from our panel work on a No Win No Fee basis through the use of a Conditional Fee Agreement (CFA). What this means is that you wouldn’t have any upfront solicitor fees or any solicitor’s fees to progress your claim. If your claim were unsuccessful, you also wouldn’t be required to pay a penny in solicitor’s fees.
Only if your claim was successful would a small success fee be deducted from your compensation at the end of your claim. This fee is a legally limited percentage.
As well as the benefits of utilising a CFA, by choosing to work with a solicitor from our panel at How Much Compensation, you could expect:
- Specialised and personalised support and guidance
- Frequent updates about the progress of your claim
- Working alongside yourself to develop a rehabilitation plan which suits your personal needs
- Help in gathering evidence and witness statements
- Assistance in applying to act as a litigation friend, applying for interim payments or making a fatal crush accident claim
- One of the solicitors from our panel to advocate on your behalf
Contact Our Advisors
If you are still unsure how much compensation for a crush injury claim you could potentially be awarded, or if you would like to discuss your case, you can contact one of our advisors by:
- Calling us on 0800 408 7826
- Filling out our online contact form
- Using our live chat
Learn More
Additional personal injury claims guides by us:
- How to make a factory accident
- Pub or bar accident claims
- How to claim if you’ve been assaulted at work
Useful External Resources
- When to call 999 from the NHS
- How you could apply for Statutory Sick Pay from GOV.UK
- When to report a workplace accident from the Health and Safety Executive
Thank you for reading our guide about how much compensation for a crush injury claim.
