£85,000 Compensation For A Crushed Hand – Case Study & Guide To Calculating Crushed Hand Compensation

 

£85,000 Compensation For A Crushed Hand

Crushed hand compensation

Crushed hand compensation

If you’re looking to claim compensation for a crushed hand injury that wasn’t your fault, this guide provides a comprehensive overview of personal injury claims. To do so, we’ll cover everything from how to determine whether you have grounds for a claim to how much compensation you may be entitled to. 

We hope you find this guide helpful and if you’d like any more information, please get in touch with our team today to see how we could help you:

Select a Section

  1. A Guide To Crushed Hand Compensation Claims
  2. What Is A Crushed Hand Injury?
  3. Calculating Financial Loss For Crushed Hands
  4. Common Hand Injury Accidents
  5. Care Claims For Victims
  6. What Values Crushed Hand Injury Compensation
  7. Case Study: £85,000 Payout For Hand Crush Injuries
  8. Calculating Compensation Estimates For Crushed Hands
  9. What Are No Win No Fee Agreements?
  10. Where To Find Top Personal Injury Solicitors
  11. Discuss Your Case
  12. Further Materials

A Guide To Crushed Hand Compensation Claims

To begin, we’ll explain how to identify a crushed hand injury by outlining some symptoms. We’ll then help you understand how to establish whether someone else could be held liable for your injury, listing some common bodies that owe a duty of care. 

To illustrate the process of claiming compensation for a crushed hand, we’ve created an example case study of ‘Mr Richards’, which compartmentalizes the different elements of his payout. To finish, we’ll direct you to some additional resources that may be of use and offer our advice on seeking legal help to increase your claim’s chances of success. 

To see how our panel of personal injury lawyers could help you claim for a crushed hand that wasn’t your fault, please get in touch today.

What Is A Crushed Hand Injury?

A crushed hand injury typically results from a heavy impact and can damage bones, ligaments, blood vessels and nerves. If the force was strong enough, you may have heard a crack, indicating a dislocation or fracture. You may also hear a crunch. Bleeding, bruising and swelling can result from damage to blood vessels, all of which limit movement. 

Generally, crushing injuries require mobility exams and an x-ray to identify the extent of the damage caused. After which, surgery may be required, as well as a cast or splint to allow the hand to heal, with help from physiotherapy to encourage strengthening and mobility. 

Though most broken bones heal within 12 weeks, recovery periods can be longer in more severe cases. For example, if a bone is displaced or protruding from the skin, it may require surgery.

Calculating Financial Loss For Crushed Hands

In addition to the physical and psychological pain that you may be suffering as a result of your crushed hand injury, you may also be suffering financially. Whether you’ve experienced a loss of earnings due to unpaid sick leave or missed opportunities, or you’ve been forced to pay out of your own pocket for costs relating to your injury, did you know that you could recover these expenses as part of your personal injury claim? 

In claiming compensation for a crushed hand, special damages may be awarded in attempts to restore you to the financial standing you had before your injury. Please continue reading to learn more about the different types of expenses that can be recovered, or speak to one of our specialist advisors today.

Common Hand Injury Accidents

Did you know that you could be entitled to compensation for a crushed hand? Providing that a third-party was responsible for your injury, you could be able to hold them to account through making a personal injury claim. 

However, the third-party must have had a duty of care to you. Furthermore, they must have breached this duty, and this breach led to you coming to harm. Here are some examples of this:

  • Under the Health and Safety at Work etc. Act 1974, employers have a duty of care to their employees. Therefore, you could be entitled to compensation for a crushed hand if you were injured as a result of your employer’s negligence.
    • E.g. if your hand was caught in faulty machinery because your employer didn’t provide regular maintenance checks, you could be able to claim against them.
  • Under the Occupiers’ Liability Act 1957, those in control of public places owe a duty of care to visitors. Therefore, you could be entitled to compensation for a crushed hand if you were injured as a result of those controlling public places’ (such as shops and parks) negligence.
    • E.g. if your hand became trapped in outdoor gym equipment in a poor state of repair in a public park, you could be able to make a public liability claim against the local council responsible for maintenance.
  • Under the Highway Code, road users owe a duty of care to each other. Therefore, if another road user’s negligence resulted in your injury, you could be entitled to compensation for a crushed hand. A road traffic accident (also referred to as an RTA) describes any collision involving a vehicle or other road user.
    • E.g. if an RTA caused by another driver resulted in your injury, you could be able to claim against their insurance.

Care Claims For Victims

Whether you received help from family and friends or paid for a professional carer to assist you, care costs could be factored into your compensation for a crushed hand. To value the cost of care you received, any invoices raised are used, so it’s important to keep a paper trail to evidence your claim. 

If the care you received didn’t incur any expense, then compensation is typically calculated using the average rate of a local professional, then reduced because their services weren’t commercial. If you normally provided care for someone else but your injury prevented you from doing so, you could also claim back the cost of care in this instance.

For example, if you usually cared for a vulnerable relative, but your crushed hand injury meant you were unable to drive to their home and complete day-to-day tasks for them, then this could also entitle you to compensation.

What Values Crushed Hand Injury Compensation

To value your claim, your solicitor should arrange for you to undergo a medical assessment with an independent expert. By physically examining your injury and discussing your accident, they’ll produce a report assessing the extent of the damage caused to you. 

If the specialist believes your injuries were sustained in the manner that you claim they were, then this evidences your case and helps your solicitor determine how much compensation you could receive. However, failing to attend your appointment can significantly hinder your claim. 

If you choose our panel of personal injury lawyers to handle your claim, we’ll arrange an appointment as convenient to you as possible. This allows you to focus on recovering from your injury while we take charge of your case. To see how we could help you claim compensation for a crushed hand, please speak to one of our advisors today.

General Damages

In claiming compensation for a crushed hand, there are two heads of claim that can be pursued; general and special damages. General damages account for the physical and psychological harm that you suffered as a result of your accident, such as the pain of your injury and any traumatic surgery you may endure.

Special Damages

Special damages account for any costs incurred as a result of your injury, from loss of earnings to prescription fees. Recovering these costs attempts to restore you to your financial standing before your injury, as well as accounting for any future losses too. This includes but isn’t limited to:

  • Loss of earnings and potential loss of future earnings
  • Travel expenses for medical appointments
  • Damage to possessions
  • Medical bills
  • Cost of care

Case Study: £85,000 Payout For Hand Crush Injuries

At the time of his injury, Mr Richards was a factory operative working with powerful machinery. To meet a tight deadline, Mr Richards was instructed by his employer to remove the safety mechanism from the machine he was working on as a means of increasing production. Due to this alteration, the machine Mr Richards was working on went into another cycle earlier than he could anticipate. As a result, his hand became trapped and was immediately crushed by the force. 

Upon visiting A&E, Mr Richards was informed that he had sustained significant nerve and blood vessel damage to his hand, including multiple fractures. Also, his forefinger had been effectively severed upon impact. In attempts to reconstruct Mr Richards’ hand, he underwent surgery where his finger was reattached and fractured bones were realigned. After his operation, a cast and sling were administered to be worn for 6 weeks, alongside a physiotherapy plan to encourage mobility. 

In total, Mr Richards’ rehabilitation period spanned 16 weeks before his hand reached its peak point of recovery. As a result of his injury, his dexterity and grip were permanently reduced to around 50% function. Mr Richards’ rehabilitation period was prolonged by the surgical reconstruction he underwent to save his forefinger, which left him with significant cosmetic disfigurement and caused his hand to appear claw-like. 

Throughout his recovery, Mr Richards’ lack of hand function meant he was unable to drive or even complete day-to-day tasks as normal. In addition to this, he was unable to work for 16 weeks. Upon returning to work, his employers were accommodating to his reduced hand function, finding a more suitable role for him on the same salary. Mr Richards had experienced significant financial difficulties as a result of his injury, losing out on wages, paying out of pocket for prescriptions, travel, and other services to assist him. 

Since he knew his employer was responsible for his injury, Mr Richards decided to make a claim for a crushed hand. To ensure he gave his claim the best chances of success, he instructed a No Win No Fee personal injury lawyer to handle his case. As Mr Richards had photographs taken by his co-workers at the scene of the accident as well as witness statements obtained by his solicitor, he had a strong collection of evidence to help establish liability against his employer. 

Mr Richards’ solicitor then sent him for an independent medical assessment to reinforce that his injuries were sustained in the manner described in his claim. Despite his employer initially disputing liability, Mr Richards didn’t lose hope. To counter this dispute, Mr Richards’ solicitor made a disclosure request to RIDDOR. 

As a result, he discovered a pattern of reported incidents that were similar to Mr Richards’ report in his workplace accident handbook. This evidenced Mr Richards’ claim that his employer breached his duty of care to employees in the workplace under the Health and Safety at Work etc. Act 1974, subsequently causing his injury. Therefore, a settlement was reached. 

In compensation for a crushed hand, Mr Richardson received a total sum of £73,720 in general damages. This figure was based on the physical and psychological pain of his injury, his prolonged recovery period and the surgery and rehabilitation he had to endure. For his hand injury, Mr Richards was awarded £58,000. In addition, he received £11,000 for the disfigurement and scarring he was left with and £4,720 for mild PTSD he experienced in the wake of his accident.

In special damages, Mr Richards was awarded around £11,280, bringing his total payout to £100,000. Special damages are calculated with the aim of restoring the claimant back to the financial position they were in before their injury, covering costs like prescription fees, travel expenses and the cost of care. 

For a full break-down of Mr Richards’ payout, please see the table below: 

Type of Special Damages:Includes:Value:
Travel ExpensesTo and from medical appointments
As Mr Richards’ crushed hand prevented him from driving, he recovered £380 in travel expenses over his recovery period.
Medications/PrescriptionsPrescriptions, treatment, walking aids, etc.Mr Richards received £120 for cost incurred on prescription painkillers.
Additional Care
Professional care, gracious care, childcare, domiciliary care etc.
As Mr Richards’ crushed hand injury left him unable to complete many day-to-day tasks as normal, he was awarded £2,130 to account for gracious care he received from family and friends.
Future Loss
Loss of earnings or potential future financial lossMr Richards received £6,750 in loss of earnings for the 16 weeks he had to take off work. In addition, he recovered £2,000 for the attendance bonus he subsequently missed-out on.
Cleaning/Gardening
Cleaning, gardening, areas that require consistent attentionFor help with domestic tasks that Mr Richards was unable to complete over his recovery period, he was awarded £800 for a gardener and a cleaner.
 

The case of Mr Richards is purely an example, based on our experience handling and valuing claims. It simply serves to illustrate how accidents happen and how they are valued.

Calculating Compensation Estimates For Crushed Hands

If you’re wondering how much compensation for a crushed hand you could be entitled to, we would advise that you avoid personal injury ‘compensation calculators’. These online tools can provide figures that are inaccurate generalisations, rather than taking into consideration the various factors that are key to accurately valuing your unique claim. 

Our panel of personal injury lawyers offer free, no-obligation consultations, so we can give you a valuation estimate of your claim that you can trust. Please speak to one of our specialist advisors today to learn more.

What Are No Win No Fee Agreements?

Even if you know you’re entitled to compensation for a crushed hand, the financial risk that’s associated with making a claim can be intimidating and could even put you off. However, with a No Win No Fee agreement, you could be able to ease this anxiety and pursue the compensation you deserve. 

If you haven’t heard of these agreements before, they simply mean that you don’t have to pay your solicitor unless they win your case (and there aren’t any hidden fees for you to worry about either). Once your solicitor wins your case, you’ll have to pay them what’s referred to as a ‘success fee’ to cover their costs. 

However, this isn’t a cause for concern either as it’s legally-capped at a small percentage of your compensation to ensure you get the payout you’re entitled to. If you’d like to see how our panel of personal injury lawyers could help you win compensation for a crushed hand on a No Win No Fee basis, please get in touch today.

Where To Find Top Personal Injury Solicitors

Personal injury claims can be challenging to navigate, particularly without help from a legal professional. Therefore, if you’re considering claiming compensation for a crushed hand, we advise you to seek a personal injury lawyer to handle your case. 

By simply selecting the nearest law firm on your local high street, you could be hindering your claim. As solicitors can connect with you virtually, wherever you are, why not see if you could receive better service elsewhere? Our panel of personal injury lawyers provides their nationwide clientele with remote updates on their claim, and even offer in-person meetings if they’d prefer. 

To help narrow your search, we’d recommend that you use online reviews to compare solicitors. You can gain a unique insight into the services they provide by reading honest experiences of former clients.

Discuss Your Case

Our panel of personal injury lawyers could help you win the compensation for a crushed hand that you deserve. For a consultation that you can rely on, please speak to one of our specialist advisors about your case today and see how much you could be entitled to:

Further Materials

Thank you for reading our guide to personal injury claims. Please see the links below for some additional resources:

 

Guide by LA
Edited by LC/II