Have you suffered a crushed arm injury through another person’s negligence? Did that person owe you a duty of care? Do you anticipate that your injury will affect you for weeks, months or even years to come? If you have answered “yes” to these questions, then you may be entitled to make a personal injury compensation claim.
In this guide, we will cover important aspects you may need to know when making a personal injury claim for an injury that wasn’t your fault. We’ll also include an example case study for a crushed arm injury, so you can see how much compensation claims for similar injuries might attract.
You can begin reading by using the links below to take you to the relevant section of this guide. Otherwise, you can get in touch with our friendly team today about a possible claim.
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- Telephone us on 0161 696 9685
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Choose A Section
- A Guide To Claiming Compensation Payouts For A Crushed Arm Injury
- What Is A Crushed Arm Injury?
- How Can You Suffer A Crushed Arm Injury At Work?
- Crushed Arm Injury In A Public Place
- How Can You Suffer A Crushed Arm Injury In A Road Traffic Accident?
- Our Expertise On Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £325,000 For A Crushed Arm Injury
- Free Legal Advice That Can Help Evaluate Your Claim
- No Win No Fee Policies For Victims Of Negligence
- Our Advisors Can Provide Free Legal Advice
- More Resources And Guides On Crushed Arm Injuries
- Crushed Arm Injury FAQs
This guide has been compiled so that you can get a better understanding of a crushed arm injury, how they could be caused and whether or not claiming compensation is an option. We have included an example case study so you can see the process of claiming. In this guide, we will cover these key topics:
- What a crushed arm injury is, including symptoms and the usual recovery time
- How someone else’s negligence can lead to you being injured
- Three general areas in which many accidents resulting in injury occur; road traffic accidents, accidents in public and accidents in the workplace
- How compensation is calculated
- The benefits of a No Win No Fee agreement
- Frequently asked questions regarding a crushed arm injury.
Personal Injury Claims Time Limit
You have up to 3 years to make a personal injury claim for any injury, including for a crushed arm injury. The three-year time limit runs either from the date of the accident or from the date you realised your injuries were caused by negligence. As there are exceptions to these time limits you may want to call our advisors for more information.
Whilst 3 years may seem like a good amount of time, it’s really important to start the claims process sooner rather than later. As evidence can be easier to collect in the weeks following an accident and also your recollection it better then.
A crushed arm injury occurs when any part of the arm suffers force resulting in muscle compression. This could even cause severe fractures that lead to amputation. In addition, bleeding or swelling within an enclosed bundle of muscles, which can be caused by a crushing injury, can result in compartment syndrome.
The symptoms of a crushed arm injury include intense pain which seems worse than would usually be expected for the injury, tightness in the muscle and a tingling or burning sensation. In some cases, you may experience numbness and weakness in the affected area, which is an indication that the injury has caused permanent damage.
If you think you have compartment syndrome after a crushing injury, you should go to your nearest A&E to seek advice as soon as possible. Or call the emergency services. Compartment syndrome brought about by a crushing injury is a medical emergency and should be treated straight away to avoid permanent muscle or nerve damage.
For a minor crush injury, the recuperation time may vary between a few days and a few weeks. But for a more serious injury, the recovery could take months, and a severe injury may leave you with a permanent disability.
If you’d like to know more about claiming compensation for a crush injury that was not your fault, then please read on. Alternatively, if you’d like to start your claim today you can contact our team for free legal advice.
In order for you to successfully claim compensation after an accident, you need to show that a third party neglected the duty of care they owed to you. You also need to show that your injuries are a direct result of their negligence.
One of the situations that many of us find ourselves in where a duty of care is owed to us is in the workplace. According to the Health and Safety at Work etc. Act 1974, all employers owe their staff members a duty of care.
What responsibilities does my employer have?
There are certain things that your employer could do to ensure, as far as is reasonably practicable, your health and safety in the workplace. These include:
- Carrying out regular risk assessments to remove hazards that pose a risk to workers. If the risk cannot be removed, it should be minimised.
- Administering proper training to all staff members and providing the correct PPE for the roles they perform.
- Maintaining good housekeeping, such as ensuring that all walking surfaces are suitable and that any trip hazards are cleared away
- Ensuring that all machinery is properly maintained and safe to use.
If your employer fails to carry out any of the responsibilities listed above, and you’re injured as a result, then you may be able to make a claim. For instance, if an employee at a factory suffers a crushed arm injury as a result of a piece of machinery that had deteriorated through use and which hadn’t been checked in a long time, then they may have grounds to make a claim.
You can learn more about making a personal injury compensation claim for a crushed arm by speaking to a member of our helpful team today. Alternatively, read on to find out more about crushed arm injuries sustained in a public place.
Just as the Health and Safety at Work etc. Act 1974 outlines the duty of care that employers owe to their staff members, the Occupiers’ Liability Act 1957 tells us what the duty of care owed to us is when we’re in public.
This act outlines the duty of care owed by the controller of a public space to the people who use the space for the purpose intended. Although the Act doesn’t specify who the occupier of any given space is, it should be someone who has control over the space and who could have reasonably predicted that an accident could have taken place.
For instance, if a member of the public is in a supermarket and one of the shelving units comes loose from its bracket, causing it to fall, this could result in a crush injury to the person’s arm. If the accident could have reasonably been predicted by someone in control of the space (for instance, by performing regular checks on the shelving units), the duty of care owed to the member of the public may have been breached. This could result in a personal injury compensation claim.
All road users should adhere to the duty of care that is set out in the Highway Code. This involves taking reasonable care to prevent others from coming to harm through your action or inaction.
This applies to drivers, as well as cyclists and pedestrians too. It doesn’t matter if you’re a new driver, or if you’ve been driving for years; all road users are held to the standard of an ordinary driver, and no allowances will be made if you cause an accident that leads to the injury of another road user.
A crushing injury in a road traffic accident (RTA) could be caused by a head-on or side-on collision in which the impact of the crash damages the driver’s side of the vehicle, resulting in the arm being crushed.
If you’d like to know more about making a claim for compensation following a crush injury in a road accident, then get in touch with our team today. They’ll be happy to give you more information and proceed with your claim.
It is almost impossible to give an accurate figure for a personal injury claim without reviewing medical and other evidence. This is because every claim is unique. One part of the personal injury claims process is a medical assessment by a doctor. This allows a qualified medical professional to fully determine the damage from your crushed arm injury. It also allows you to answer questions about the impact that your arm injury is having on your daily life. This information, along with treatment options and a prognosis from a medical professional, could help to support the validity of your upcoming claim.
The findings of the medical report, alongside the evidence you’ve collected regarding the accident, will influence the compensation award for your case. Your lawyer will then refer to the Judicial College Guidelines, which are guidelines of compensation brackets for injuries of different types and severities.
Why not use a compensation calculator?
Because of all the different aspects of your claim which could influence the amount of compensation you’re owed, a personal injury compensation calculator cannot take all this into account.
There are two heads of claim that a compensation award could consist of; general damages and special damages.
General damages will be calculated based on the physical and, in some cases, the mental impact that you’ve felt following a crushed arm injury. This includes physical pain and suffering and also psychological injuries, such as Post-Traumatic Stress Disorder (PTSD). Please speak to us if you have any questions about general damages.
Special damages, in contrast with general damages, will compensate you for any expenses that you’ve incurred because of your injuries. In order for these to be included in your claim, you must provide proof of these expenses in the form of bills, receipts and invoices.
A primary example of special damages could be loss of earnings for time off work while you recover if you’re not receiving your normal income. Other examples of special damages could include the cost of prescriptions, travel costs and payment for services not available on the NHS such as physiotherapy treatment.
The list above is by no means exhaustive, so if you’ve incurred expenses that aren’t included it doesn’t mean that you won’t be able to include them in your claim. Contact us today for more information on special damages and what they can cover.
Mr Brereton, 55, worked as a cane operator. He had done his job for almost 25 years now and knew that he could do the job with his eyes closed. He worked for a buidling and construction company. On the day of the accident, it was very warm outside the sun was shining really bright no wind at all. This meant the crane would be stable without any side winds.
Today he was working on the floor guiding the material into place. He put on his personal protective gear when he got into work ready for the day ahead. The person who was manning the crane was new he noticed. As the morning went into the afternoon ho noticed that the main hook did not look quite right. He reported this to the site manager who said he would have it looked at first think in the morning. Later that afternoon as Mr Brereton was guiding a load into place the hook failed. The load came loose and headed straight for Brereton. However, it managed to catch him on his arm, he fell to the ground. Part of his arm was crushed by a steel bar.
The aftermath of Mr Brereton’s accident
Mr Brereton underwent successful amputation surgery on his right arm, which was amputated below the shoulder. He was no longer able to work as a crane operator. After 12 months away from work he decided to retire. Retraining at his age felt out of the question. Mr Brereton was left so distraught that he suffered from PTSD, following the accident which meant he suffered from flashbacks and disturbances in his mood.
So, Mr Brereton eventually spoke to a personal injury lawyer. They advised him to file a compensation claim as the injury he sustained was the result of negligence on the part of this employer.
Mr Brereton received a settlement of £325,000 in compensation for the injuries he sustained from this accident. . The compensation consisted of £225, 000 in general damages, alongside £100,000 in special damages.
|Type Of General Damages||Includes:||How Much?|
|Amputation Of Arm||Costs of suffering an amputation of the right arm below the shoulder due to the accident severely affecting his career||£200,000|
|Moderately Severe PTSD||Costs of suffering moderately severe post-traumatic stress disorder (PTSD) after the accident||£25,000|
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Lost earnings for 12 months until retirement.||£60,000|
|Medical Costs||Cost of arm prosthetic||£32,000|
|Nursing Costs||Costs of hiring a nurse to look after him at home during his recovery||£2,500|
|Counselling Costs||Costs of having counselling due to his PTSD||£1,000|
|Transport Costs||Costs of using public transport for journeys||£1000|
|Cleaner/ Household Duties , Gardener, Cook||Cost of hiring someone to help with household chores throughout his recovery||£3,500|
Note: This is an example scenario that serves to only provide an example of a crushed arm injury claim. It is not based on a true-life case but compiled from past experiences.
Having read our example case study on a crushed arm injury, you may feel ready to move ahead with a claim. Or perhaps you have some questions that you need to ask before committing to taking any legal action.
For that reason, we always provide a consultation free of charge for anyone enquiring about pursuing a claim. This allows you to discuss anything that’s on your mind which might impact your decision.
It also gives you the opportunity to discover more about the details of the claims process, and what steps you can take to strengthen a potential claim. Call us today if you’d like a free, no-obligation consultation.
Working with a No Win No Fee solicitor can make a massive difference for anyone who has suffered from a crushed arm injury and is pursuing a claim. Why? Because it means that you only pay your personal injury solicitor’s legal costs if your case is successful. A legally capped success fee will be deducted from your compensation award if your claim succeeds.
But more importantly, a No Win No Fee agreement protects you financially if the case is unsuccessful. That’s because, if the case is unsuccessful, you don’t have to pay your personal injury solicitor’s fees. You can find out more by getting in touch with one of our advisors at any time.
Thank you for reading our guide on a crushed arm injury. If you have any questions that haven’t been covered in this guide, or if you’d like to speak with someone today about starting your claim, you can contact our friendly and helpful team who will be happy to get you started on the process of claiming.
There are 3 channels you can use to get in touch with us. . You can speak to us on the phone by calling 0161 696 9685.
Alternatively, you may prefer to receive an instant response from an advisor by making use of the Live Chat option. You can find our chat feature at the bottom right-hand corner of this screen.
Or perhaps you would rather complete the online form. Keep in mind that we’re available to answer our enquiry 24/7. Just so you know, you’re not under any pressure to proceed with a case as a result of speaking with our specialists.
We hope that from reading this guide you have greater knowledge about crushed arm injuries and how to make a claim for compensation.
We realise that you may want additional information prior to you taking legal action. For this reason, we have these extra online resources for you to take a closer look at.
In this guide, we will look at the process of claiming after suffering an injury in a car accident.
Our helpful guide looking at scenarios that could result in a claim against a local council may be useful if you’ve been injured in a public place.
You can read this guide to find out what to do if you suffer an injury in a taxi or minicab accident.
This NHS guide looks at broken arm or wrist injuries.
The NHS has also provided a guide on arm pain in general.
If you’re not sure what the nature of your injury is, this guide on how you can identify a broken bone might help.
What is a crushed arm injury?
This is when any area of the arm suffers a forceful crush which results in significant muscle weakness.
How do the muscles react to a crush?
Specific muscle cells within the area can quickly die, hence the reduction in strength and support within the arm.
What is the usual treatment for a crushed arm injury?
Acute crush injuries will usually require surgery to relieve the pressure inside the affected muscle compartment. You may also need a skin graft to cover the wound.
How long could it take to recover from a crushed arm injury?
A crush may take anything from a few days to a few weeks to recover from. But for a severe crushed arm injury, the damage may prove to be permanent.
Thank you for reading our guide on claiming for a crushed arm injury.
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