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Crush Injury Claims

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Whether you have suffered a crush injury at work, a road traffic accident or another type of incident, the consequences can be equally catastrophic. Injuries can range from crushed fingers to other limbs such as crushed arms and legs. Incidents which involve crush injuries are very serious and a claim deserves to be dealt with by knowledgeable experts who can achieve the best results for you.

We understand the sheer devastation that can be caused when incidents involving crush injuries occur. Not only does the injury affect the individual who has been hurt, but it can also traumatise those around them who have had to witness the misery and pain that the accident has caused. We think it is very important that those injured, and their families, are provided with a compensation which is consistent with their injury, allowing them to move forward from the trauma.

Due to the number of situations in which crush injuries can occur in and the various types of crush injuries themselves, the information can be overwhelming. If you are unsure on whether you have a case for compensation for a crush injury, please read on and contact an expert at Wildwood Legal.

 

What are the main accident causes for crush injuries?

 

Crush injuries take place when a large amount of force or pressure is put on a body part. This can occur in many different scenarios such as a road traffic accidents or accidents at work, for example in a factory or on a building site. Although, this list of situations is not exhaustive as crush injuries could occur in a large variety of situations.

 

How do I make a crush injury compensation claim?

 

The claim process may differ slightly depending on the scenario in which the incident took place, for example, the claim process for an accident at work and RTA can differ slightly.

 

An accident at work (a factory or building site etc)

If you have sustained a crush injury in an accident at work, you need to establish the negligence which has occurred. Due to the dangerous nature of the work, your employer needs to uphold certain standards and regulations.

These may include: the provision of necessary safety training, the provision of protective equipment or the prevention of falling objects. If your employer has failed to uphold these regulations, they may be liable for your injury.

After the accident has occurred, it is vital that you attend the hospital and receive the necessary medical treatment. It is important to keep a note of the treatment that you are receiving and request your medical records for future reference. If you have had to face any additional losses, such as parking costs or medical fees, keep a copy of the receipt.

In order to be able to commence a claim for compensation, you will need to prove that you were an employee or subcontractor, your employer breached their duty of care, and this breach caused your injury. To prove this, you should gather the relevant documents which state your employment. Furthermore, witness statements can be extremely useful when proving that a lack of care caused the crush injury.

Alongside the collection of witness evidence, it is important to take photographs of the crush injury and the related symptoms, as these can be very helpful evidence. If possible, you should also take photographs of the accident location and any equipment that you were using at the time of the accident.

Whilst completing the above steps, it is also vital to seek legal advice from a specialist personal injury solicitors. At Wildwood Legal, we are experts in personal injury and can provide you with tailored advice on how to proceed with the matter. From then, we will be able to handle the case and take care of the necessary legal steps.

 

A road traffic accident:

 Following a road traffic accident, it is vital to seek medical attention straight away, as crush injuries can be extremely serious. Whilst you are receiving medical treatment, it is important to retain any necessary records or images of your crush injury for future evidence.

Within the next 24 hours, the accident should be reported to the authorities. This ensures that there is an official record of the timeline of events. Subsequent to this, you should report the incident to your insurance company.

The evidence which is useful in a crush injury claim caused by an RTA is usually photographs of the injuries, photographs of any costs that you have had to pay due to the accident, CCTV/dashcam evidence and a letter from your workplace, stating that you have been unable to work. Furthermore, once you have sought legal advice, we will arrange a medical examination and the production of a report.

When you contact Wildwood Legal, we will be able to handle the legal aspect of the claim and provide support during the process.

 

What is the process for crush injury claims?

 

Once you have commenced a claim for compensation, the Defendant will be notified of the claim, and they will have time to respond to the allegations proposed. As soon as a response has been received from the Defendant, the matter will proceed.

The next actions will depend on whether the Defendant accepts liability or not, this will also affect the length of the matter.

Once certain documents have been filed, negotiations can commence, and a settlement figure can hopefully be agreed. If not, the matter will be heard at Court, however this is a last resort option.

 

Time limits on crush injury claims

 

The general rule for personal injury matters states that you have three years from the date that the crush injury occurred, or three years from the date that you realised you had sustained an injury, to have either settled your claim or have started Court proceedings.

If you are under eighteen years old, there is no time limit. However, the three-year time limit commences from the date of your eighteenth birthday. Furthermore, if an individual lacks the mental capacity to carry out a claim for themselves, there is no time limit.

This limit highlights why it is imperative that you seek legal advice following the occurrence of the accident.

 

How is crush injury claims compensation calculated?

 

Crush injury compensation is made up of two areas, general damages and special damages.

 

General damages refer to the amount of compensation that you will receive based on your pain, the severity of your injury, your suffering and loss of amenity. In order to assess this figure, Wildwood Legal will look at the compensation awarded in previous similar matters, together with the relevant guidelines.

Special damages are those which reflect any direct financial losses which you may have encountered as a result of your injuries. In many cases, these may be loss of past earnings, loss of future earnings, loss of self-employed earnings or the costs of care provided to you.

In addition, if you have become disabled due to your crush injury at work, you may be entitled to the Industrial Injuries Disablement Benefit (IIDB). This is a no-fault scheme paid by the department for work and pensions.

 

How much do crush injury claims cost?

 

Throughout the claim process, we will always be completely honest about our legal fees. We tend to operate matters on “no win, no fee” basis and use an agreement called a Conditional Fee Agreement to do so. Therefore, if we fail to win your case, you do not need to pay us any money. If we win, we will take a small pre-agreed percentage of your damages to cover our costs.

We encourage our clients to ask as many questions as they require when discussing the financial details of a case. This is because we do not want anyone to sign a document that they do not 100% understand.

 

How can Wildwood Legal assist with your claim for compensation?

 

Our team of legal experts are extremely knowledgeable in injury claims. As it is our specialism, we have been able to gather a large amount of experience. Additionally, we to maintain a very personal and friendly approach with our clients. This can be supported by our outstanding testimonials from previous clients.

Due to our vast experience in personal injury claims, we understand the impact that injuries, such as crush injuries can have upon an individual’s life. Therefore, we value the importance of compensation in accident claims, allowing those who have been injured to proceed with their lives.

 If you would like to find out more about how we can help with your crush injury claim for compensation, please contact us on 01423 209046 or email us at info@wildwoodlegal.co.uk to seek advice from an expert solicitor.

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If you are thinking about making a claim, we would love to hear from you.  We will give you clear, honest advice.

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