A guide to making a No Win No Fee laceration injury claim
Cuts and lacerations are one of the most common types of injury. Caused by an external grievance, they are frequently seen in claims. Where cuts tend to be superficial, affecting only the surface of the skin, lacerations are deeper, often damaging tendons, muscles, ligaments and bones.
Although they can happen anywhere, lacerations are frequently the result of workplace and road traffic accidents. For the person injured, the implications can be significant. In addition to the physical pain and damage, a laceration can seriously affect an individual's ability to live a normal life. Compensation can provide some welcome relief.
For a claim to be successful, it must be shown that the injury was the result of third party negligence. Who is liable depends on the situation.
What types of lacerations can be claimed for?
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 notable cause.
Surface lacerations can cause scarring and minor tissue damage, which can lead to infection if not properly treated. If they penetrate 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. For an individual affected, this can mean lost wages and additional costs. Deep lacerations can also lead to psychological trauma. In any of these circumstances, a person is entitled to claim.
Who is liable in laceration claims?
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.
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 their actions or inactions are proved 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.
No Win, No Fee laceration injury compensation claims
No Win, No Fee laceration injury injury claims start after the Claimant signs a CFA (or Conditional Fee Agreement) with their lawyer.
The document explains the service executed by your case handler, and importantly, the success fee. This will be the fee to be deducted from your compensation when the claim is won.
Using a Quittance personal injury lawyer, you will be able to focus on your rest and recovery, knowing that there is absolutely nothing to pay at the outset.
How to proceed
Learn more about your claim
Quittance provide clear information helping Claimants choose whether to start a claim for injury compensation.
Get more information online without being required to call a solicitor. Read more frequently asked questions.
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Once you have decided to proceed, you can start the personal injury claim by phoning 0800 612 7456 or using Quittance's online contact form.
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