Abrasion Injury Compensation Claims
If you have been affected by an abrasion injury we can help.
The purpose of this guide is to help anyone who has suffered an abrasion injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
abrasion injury compensation:
Abrasion is the medical term for a graze that causes one or more layers of the skin to scrape away. Usually perceived as superficial, abrasions can in fact cause major trauma to the skin leading to the formation of scar tissue. A severe abrasion that removes skin down to the dermis or subcutaneous layer should be professionally treated to aid skin healing.
Anyone who has suffered abrasion injuries as a result of an accident that was not their fault may be eligible to claim compensation.
Types of abrasion injuries
Abrasions are classified according to the depth of the skin damage.
- A first-degree abrasion damages the outer layer of the skin, known as the epidermis. Skin damage will be apparent, but the abrasion typically will not bleed.
- A second-degree abrasion damages the dermis as well as the epidermis and may bleed slightly.
- A third-degree abrasion is known as an avulsion. It involves damage down to the subcutaneous layer and scarring is almost certain.
The majority of abrasion injuries are not serious and will heal completely over time. They be painful, however, because rubbing away the outer skin layers exposes sensitive nerve endings. There is a high risk of germs entering this type of wound, so it is important to clean and irrigate abrasions thoroughly to prevent infection.
Causes of abrasion injuries
Abrasions are usually caused by something rough rubbing against the skin, such as falling onto concrete or rope burns. Common accidents include:
- Slips, trips and falls
- Cycling accidents
- Playground accidents
- Scratching or rubbing the skin after an allergic reaction
- Playing rough sports such as football and rugby.
Due to the nature of the injury, abrasions are most commonly found on the hands, elbows and knees. However, they can appear anywhere on the body including the eye, an injury known as a corneal abrasion.
Do I have an abrasion injury claim?
A compensation claim should be possible if you sustained an abrasion injury:
- in the last three years and;
- someone else was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To find out for sure, speak to a legally trained adviser on 0800 376 1001.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
The amount of money you could claim for your abrasion injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your abrasion injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an abrasion injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Abrasion injury compensation amounts
The following abrasion injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Elbow injury||Less serious||No significant long-term problems||Up to £10,040|
|Facial scars||Minor||£3,150 to £10,960|
|Facial scars||Moderate||£7,270 to £23,980|
|Facial scars||Severe||£14,320 to £77,580|
|Foot injury||Minor||Common foot injury with full recovery||Up to £10,960|
|Knee injury||Less serious||Minimal ongoing symptoms||Up to £10,960|
|Shoulder injury||Minor||Soft tissue injury||Up to £6,290|
What is the average injury compensation for an abrasion injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an abrasion injury will depend entirely on your specific circumstances.
Your abrasion injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following an abrasion injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my abrasion injury compensation
Calculating how much compensation you can claim for an abrasion injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your abrasion injury claim could be worth now:
How long does an abrasion injury claim take?
The length of time needed to process an abrasion injury claim can vary considerably.
A simple liability accepted injury claim could be completed in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information on how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your abrasion injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
No win, no fee means that your solicitor will not charge you anything at all if your abrasion injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee promise
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your abrasion injury. Read more about making a No win, no fee claim
What do I pay if I win my abrasion injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my abrasion injury claim?
If your abrasion injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Abrasion injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an abrasion injury claim?
In general, you have a time limit of up to 3 years from the date of the abrasion injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your abrasion injury claim becomes 'statute barred'.
Can I claim for an abrasion injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim abrasion injury compensation.
In reality, there are a number of factors that can affect whether an abrasion injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.