If you have endured a crush injury through no fault of your own, you may have grounds to claim compensation. We understand that the after-effects can sometimes have life-altering health and financial consequences, which is why we have created this guide to crush injury claims.
Our guide will first explore the causes behind crush injuries, their impact, and how to treat them. Then, we walk you through eligibility, whether you can claim on someone else’s behalf, and what happens if you were partially at fault for your injuries.
We also discuss the topic of compensation, detailing how it is calculated and whether it covers financial losses. Next, we offer guidance on how long personal injury claims take and the evidence you may need. Finally, we discuss what Conditional Fee Agreements (CFA) are and why our specialist No Win No Fee solicitors offer them to prospective claimants.
If you would like to discuss your crush injury after reading this guide, please feel free to contact us using the details below:
- Ring us on 0800 073 8804
- Write to us.
- Talk to an advisor using our live chat feature.
Frequently Asked Questions
- What Is A Crush Injury?
- Can I Make A Crush Injury Compensation Claim?
- How Much Compensation Could I Get For A Crush Injury?
- Can Financial Losses Be Compensated In Crush Injury Claims?
- How Can I Start My Crush Injury Claim?
- How Do I Fund A Crush Injury Claim For Compensation?
- Learn More
What Is A Crush Injury?
A crush injury occurs when an external force compresses the body or part of it gets stuck between two solid objects. Whilst this type of injury can happen for many reasons, below are a few scenarios commonly encountered in crush injury claims:
- Road traffic: A drink driver has a head-on collision with another vehicle, resulting in a passenger’s head being crushed and leading to a severe brain injury.
- Public space: A pub or bar fails to repair a broken hand-rail, leading to a visitor crushing their ankle when they fall down the stairs.
- At work: A poorly maintained forklift at a factory malfunctions, causing serious chest injuries when it crushes a worker.
The Medical Impacts Of Being Crushed
Crush injuries often have a serious impact on the body beyond bone fractures, muscle damage, or tendon injuries. Below is a list of the main issues associated with crush injuries:
- Hypovolemic shock: Severe blood loss means your vital organs and body don’t receive the blood and nutrients they need. Cases can result in organ failure and death.
- Compartment syndrome: Pressure building in muscles causes pain and restricts blood flow, potentially causing damage to blood vessels.
- Degloving: A large piece of skin and soft tissue is partially or wholly ripped from muscles and connective tissue (usually in the process of releasing you from the crush).
Moreover, a severe crush injury could result in some form of paralysis, limb amputation, and post-traumatic stress disorder (PTSD). With that in mind, the quicker you receive medical attention, the better chance you have of a full recovery.
Treating Injuries After A Crushing Accident
Medical advice relating to crush injuries depends on how long the person has been crushed for:
- Less than 15 minutes: Remove the compressive force as soon as possible, call 999, try to stop any bleeding, give support, and treat their shock.
- Longer than 15 minutes: Do not remove the compressive object, as this can make the crush injury worse. Instead, try to reassure them and call 999 immediately.
To discuss your crush injury, please get in touch with one of our trained advisors.
Can I Make A Crush Injury Compensation Claim?
In order to have a valid crush injury claim, three components of negligence must be met:
- A third party, such as a HGV driver or local authority, owed you a duty of care.
- This duty was breached.
- The breach resulted in your crush injury.
For instance, if your accident happened at work, your employer would be in breach of their duty of care if they failed to take reasonable steps to ensure your safety in the workplace, per the Health and Safety at Work etc. Act 1974.
Likewise, road users have a legal obligation to use roads in such a way that they avoid injury to themselves or each other. They uphold this duty of care by following the rules and regulations outlined by the Road Traffic Act 1988 and the Highway Code.
You may also be wondering, ‘Can I claim on behalf of someone else?’. The quick answer is yes, but your loved one must meet one of the following two conditions:
- They are under the age of 18 at the time of the accident.
- They lack the mental capacity to claim on their own behalf.
In either of these cases, you could become a litigation friend so as to act in their best interests and start a claim. Alternatively, you can have someone else take on the role, such as a solicitor.
What If I Was Partially At Fault For My Crush Injuries?
Even if you were partially at fault for the crush injuries sustained, you may still be entitled to compensation. The Law Reform (Contributory Negligence) Act 1945 states that the courts can reduce the amount of damages someone might otherwise be entitled so that it reflects their level of fault.
In practice, if the courts decided your degree of fault was 20%, 80% of the liability would be assigned to the other party. That would mean you would receive 80% of the compensation you were initially entitled to.
If you have questions about eligibility or how liability might apply to your claim, contact us today to see how we can help.
How Much Compensation Could I Get For A Crush Injury?
Compensation varies on a case-by-case basis and will depend on multiple factors related to your crush injuries, which general damages cover. For instance, the Judicial College Guidelines (JCG) suggest that a very severe brain injury could range anywhere from £344,150 to £493,000.
In the table below, we outline guideline amounts for various injuries taken from the JCG publication. This document is a framework that solicitors may refer to in conjunction with medical evidence to calculate the value of general damages in crush injury claims.
Please note that the first figure shown in the table is not sourced from the JCG, and the listed amounts are only a guideline.
| Injury | Severity | Compensation Amount |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000+ |
| Brain/Head | Very Severe | £344,150 - £493,000 |
| Leg (Amputations) | Loss of Both Legs | £293,850 - £344,150 |
| Paralysis | Paraplegia | £267,340 - £346,890 |
| Foot | Amputation of Both Feet | £206,730 - £245,900 |
| Hand | Total or Effective Loss of Both Hands | £171,680 - £245,900 |
| Hand | Severe Fractures to Fingers | Up to £44,840 |
| Chest | Severe (a) | £122,850 - £183,190 |
| Toe | Amputation of All Toes | £44,570 - £68,430 |
| Back | Moderate (i) | £33,880 - £47,320 |
For more information about compensation, please reach out to one of our supportive advisors. Next, we discuss whether you can claim for financial losses.
Can Financial Losses Be Compensated In Crush Injury Claims?
Yes, financial losses can be covered under special damages. These damages aim to put you in a similar financial position as you would be if it were not for the injuries you suffered. They account for costs that are directly related to your crush injury, including:
- A loss of earnings if your injury forced you to take time off work.
- Any adaptations made to your vehicle or home to accommodate injuries.
- Professional care or rehabilitation support.
- Medical expenses, such as treatments, counselling, and prescriptions.
- Travel expenses incurred whilst attending medical appointments.
No matter what you claim for, you must keep hold of evidence like receipts for medical procedures to prove your losses.
How Long Will It Take To Make A Crush Injury Claim?
Crush injury claims do not follow a universal timescale. How long a claim takes to conclude can vary depending on its complexity and the type of crush injury you suffered. Moreover, the claims process may take longer if evidence gathering is particularly time-consuming or negotiations to settle out of court prove challenging.
Keep reading to find out how you could start a claim or get in touch with the team to learn more about special damages and how long claims can take.
How Can I Start My Crush Injury Claim?
To start a claim and have the best chance of a successful outcome, you will need supporting evidence. What evidence you require will depend on where and how you sustained your crush injuries, but can include the following:
- Photographs of any noticeable injuries you sustained.
- Dashcam or CCTV footage showing the accident in progress.
- Witness contact details, which a solicitor can use to take statements on your behalf.
- Medical notes, including those made by a GP.
- A copy of your accident book report, if your employer has one.
Besides having sufficient evidence, you also need to consider whether you have enough time to start a claim. In accordance with the Limitation Act 1980, you usually have 3 years from the date of your injury to start a claim. However, there can be exceptions to this timeframe.
Our trained advisors are ready to answer any questions you have about time limits or how our solicitors can help gather evidence for crush injury claims.
How Do I Fund A Crush Injury Claim For Compensation?
If you are concerned about the financial costs arising from hiring a solicitor, you may want to consider using a No Win No Fee funding arrangement. Our specialist personal injury solicitors use a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee arrangement.
Signing a CFA means you won’t be required to pay a solicitor’s fee for their work either:
- Upfront.
- During the claims process.
- If the claim fails.
Rather, if your claim is successful, a success fee will be deducted from the compensation that you receive. As per the terms of the Conditional Fee Agreements Order 2013, the percentage taken for a success fee is capped by law.
Contact Legal Expert
Our team is available to answer any questions that you have about crush injury claims. When you connect with an advisor, you’ll be entitled to a free, no-strings consultation to walk you through your options.
Contact us today to find out whether you could claim crush injury compensation by using the details below:
- Ring us on 0800 073 8804
- Write to us.
- Talk to an advisor using our live chat feature.
Learn More
For further reading, please consider some of our other guides:
- When to make a complaint to the Health and Safety Executive (HSE) after a workplace accident.
- How to pursue a fractured vertebrae compensation claim.
- Using a compensation calculator for a hit and run claim.
In addition, the following resources may be helpful:
- Advice from the Royal College of Psychiatrists on coping with a traumatic event.
- The HSE offers safety advice for businesses.
- Government advice on how to obtain CCTV footage of yourself.
Thank you for taking the time to read through our guide on crush injury claims.
