Laceration Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a laceration injury, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a personal injury compensation claim on a No Win No Fee basis.

In this article

Introduction

Cuts and lacerations are one of the most common types of injury claim. Where cuts tend to be superficial, affecting only the surface of the skin, lacerations are deeper, often damaging tendons, muscles, ligaments and bones.

Produced by a blow, blunt trauma, a collision, a fall or a sharp object, lacerations can vary in severity and affect any part of the body. Contact with broken glass is another common cause.

In addition to the physical pain and tissue damage, a laceration can seriously affect an individual's ability to live a normal life.

What types of laceration can you claim compensation for?

Surface lacerations can cause scarring and minor tissue damage, which can lead to infection if not properly treated. If the laceration is deeper, more extensive damage can occur. This includes:

  • Muscle damage
  • Nerve damage
  • Fractured or broken bones

In some of the most severe cases, surgery, skin grafts and even amputation may be needed. All of these can lead to a much longer rehabilitation period.

Even if you suffered relatively minor laceration injury that was not your fault, a compensation claim may be possible.

Who is liable for your injury?

Who is liable in laceration claims depends on the context in which the accident occurred. But whatever the circumstance, liability can only be apportioned once negligence is proven.

Workplace accidents

Approximately 30 per cent of all workplace injuries involve cut or lacerations, 70 per cent of which are injuries to the hands or fingers. Unfortunately, in many cases they could have been prevented if the employer had properly managed the risks. Typical causes of lacerations in the workplace include:

  • Improper training, lack of safety procedures or employees taking short cuts
  • Failure to wear proper, cut-resistant gloves
  • Contact with metal items such as nails
  • Hand tools with blades such as knives, box cutters, screwdrivers and chisels
  • Powered machinery with cutting blades, rotating parts, motors and presses
  • Handling sharp objects or material such as glass and sheet metal
  • Improper tool for the job or tool used improperly
  • Tools in poor condition, for example a cracked or broken handle or dull blade
  • Missing or improperly adjusted guarding
  • Poor housekeeping, clutter and debris
  • Poor lighting leading to reduced visibility

In any of these instances an employer could be held liable under a range of health and safety legislation for failing to protect an employee from avoidable harm. This includes the Health and Safety at Work etc. Act 1974 and the Provision and Use of Work Equipment Regulations 1998.

Road traffic accidents

Lacerations often occur in road traffic accidents - involving vehicles, motorbikes, and pedestrians - particularly those occurring at high speed. They can happen due to windows being smashed, items being thrown around a vehicle or from collision impact.

Under a range of statutory law, including the Road Traffic Act 1988, all road users have a 'duty of care' to avoid injuring others - as is reasonable. Therefore, in this situation, the at-fault driver (or pedestrian) would be liable if they were negligent.

Accidents in other public places

If a person sustains a laceration injury in another public place, such as a shop, pub, restaurant, park, school or leisure centre, liability would lie with the person responsible for their safety at the time. This would generally be the owner or manager and would usually fall under the Occupiers Liability Act 1984.

Lacerations can also occur as a result of clinical negligence, for example during surgery, or from a defective product. A solicitor can advise on who is liable in these instances.

Whatever the circumstance, a solicitor will also advise on the process and help gather the types of evidence needed to prove negligence. This could include medical reports, witness statements and health and safety records.

Do I have an injury claim?

AN injury claim should be possible if your injury occurred:

  • in the last 3 years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim

Do I have a claim? - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Can I make a laceration injury claim right up to the three-year limit?

Technically, yes. However, in practice, not always. Many solicitors will not take on a laceration injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

Under a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without having to pay upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.

No win, no fee - our guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

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 we can help you

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
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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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.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an 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 injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor