In this guide, we’ll be discussing hand injury claims. As you move through this guide, you will find information on the criteria that need to be met in order to pursue personal injury compensation, the time limits in place for doing so and the evidence you could gather to support your case.
There are a variety of third parties who owe a duty of care. We will explore these in further detail throughout our guide and explore the types of accidents in which someone could sustain a hand injury if the duty of care owed by a third party is not upheld.
Furthermore, we’ll provide guidance on the potential compensation settlement that could be awarded following a successful personal injury claim and what it could include.
If you have any questions as you read our guide, you can get in touch with our team of advisors. They can assess your case for free and may connect you with a No Win No Fee solicitor from our panel, provided you have valid grounds to pursue compensation. You can reach an advisor by:
- Entering your details into the ‘contact us‘ form online
- Calling on 0800 408 7827
- Talking with one of our advisors by using the live support bubble
Choose A Section
- Eligibility For Hand Injury Claims
- What Evidence Can Support Hand Injury Claims?
- Time Limits For Hand Injury Claims
- What Is The Average Compensation For A Hand Injury?
- Can I Make A Personal Injury Claim With A No Win No Fee Lawyer?
- More Information On Making A Broken Hand Claim
Eligibility For Hand Injury Claims
In order to begin a personal injury claim for a hand injury, you need to provide evidence that negligence has occurred. Negligence involves the following:
- A third party owed you a duty of care.
- The third party beached their duty of care.
- As a result of the breach, you experienced emotional or physical harm.
There are several third parties who owe a duty of care, including employers, occupiers’ and road users. The following sections explore the legislation that outlines the responsibilities each of these parties have regarding your safety.
Accidents At Work
As set out in The Health and Safety at Work etc. Act 1974, employers owe a duty of care to their employees. This means that they have to ensure the safety of their employees by taking reasonable and practicable steps to prevent them from becoming injured in the workplace or as they perform their work-related tasks.
A failure to uphold this duty of care could lead to an employee sustaining a hand injury in an accident at work. For example:
- An employer may fail to ensure workplace equipment is safe and fit for it’s intended use. As a result, an employee working on a construction site might sustain a puncture wound to their hand when using a faulty drill.
- An employer may fail to provide an employee with adequate training to ensure they are able to perform their work tasks safely. As a result, the employee sustains a crushed hand injury when operating a piece of machinery without the relevant training.
For more information on how to sue your employer contact us by using the information above.
Accidents In A Public Place
The party in control of a public space owe members of the public a duty of care to take steps to ensure their reasonable safety. This is outlined in the Occupiers’ Liability Act 1957.
A failure to do so could mean you sustain a hand injury in a public place. For example:
- There may be a broken handrail on the stairwell in a restaurant that was not fixed in a timely manner. As a result, a customer may have fallen down the stairs and sustained a fractured hand.
- There may have been a spillage in a supermarket that wasn’t cleaned up or signposted in a reasonable timeframe. As a result, a customer may have slipped and broken several bones in their hand, including their fingers.
Road Traffic Accidents
Road users owe a duty of care to one another. This means they must navigate the roads in a way that prevents themselves and others becoming injured. This is set out in the Road Traffic Act 1988.
The Highway Code also provides guidance and rules on the ways road users, including drivers, riders and pedestrians, are expected to act when using the roads.
If a road user failed to uphold their duty of care, it could lead to a road traffic accident. For example:
- A driver may operate their vehicle whilst being under the influence of drugs. As a result, they crash into a pedestrian crossing the road. This leads to the pedestrian sustaining several injuries, including damage to their hands, a head injury and neck injury.
- A driver not paying sufficient attention on the road whilst driving may crash into another vehicle from behind. As a result, the other driver may sustain a break or fracture to their hand.
Please note, it’s not always possible to make a personal injury claim following a road traffic accident, accident at work or public place accident. You must be able to demonstrate that negligence has occurred. To discuss your specific case and find out whether you have valid grounds to pursue compensation, please get in touch on the number above.
What Evidence Can Support Hand Injury Claims?
As part of the hand injury claims process, you’ll have to provide evidence to prove that your injury was caused by third-party negligence. This can include:
- Video footage of the accident. This can include CCTV and dashcam footage.
- A diary of your treatment and symptoms.
- Copies of any medical records, including prescriptions and scans.
- Photographs of your injury and the accident site.
- The contact details of potential witnesses.
A personal injury solicitor from our panel could offer to represent your claim, provided it’s valid and has a chance of being successful. As part of the services they offer, they can help you gather evidence to strengthen your claim and ensure the time limit and any court instructions are complied with.
For more information on whether you could work with a solicitor, get in touch on the number above.
Time Limits For Hand Injury Claims
The standard time limit to begin a personal injury claim is three years from the date of the accident occurring. This is set out in The Limitation Act 1980, however, there are exceptions to this rule. For example:
- The time limit is suspended for a child under the age of 18. While it is paused, the courts could appoint a litigation friend to start the claim on the child’s behalf. If this is not done, the child will have three years from the date of their 18th birthday to begin their claim.
- The time limit is indefinitely suspended for a person who lacks the mental capacity to begin their own claim. Similarly, while it’s paused, a litigation friend may start the claim on their behalf. If the person recovers their mental capacity and no claim has already been made on their behalf, the three year limitation period for pursuing compensation will start from the date of recovery.
For more information on the time limits for hand injury claims and exceptions that could apply to your specific circumstances, please get in touch on the number above.
What Is The Average Compensation For A Hand Injury?
Compensation in successful hand injury claims can be awarded under two different heads of loss:
- General damages, this head of loss compensates for physical as well psychiatric injuries.
- Special damages, compensation for financial losses.
During the claims process, a potential compensation figure will be calculated. When completing this task, solicitors can refer to your medical evidence in conjunction with the Judicial College Guidelines (JCG).
The JCG contains guideline compensation amounts for different injuries, and whilst this is helpful, they are only guidelines. As the majority of claims are settled out of court and assessed on an individual basis with unique features, we cannot provide an exact average hand injury compensation figure.
Compensation Table
Please be advised that the first entry is not from the JCG and that this table has been included for guidance purposes only.
Injury Severity Guideline Compensation Brackets
Multiple Very Serious Injuries in addition to Significant Financial Losses. Very Serious Up to £500,000 +
(a) Hand Total or Effective Loss of Both Hands £171,680 to £245,900
(d) Hand Index, Middle and/or Ring Finger Amputation £117,360 to £133,810
(b) Hand Serious Damage to Both Hands £75,550 to £110,750
(c) Hand Total or Effective Loss of One Hand £68,070 to £103,200
(e) Hand Serious Hand Injuries £35,390 to £75,550
(f) Hand Severe Fractures to Fingers Up to £44,840
(g) Hand Less Serious Hand Injury £17,640 to £35,390
(t) Hand Serious Injury to the Thumb £15,370 to £20,460
(h) Hand Moderate Hand Injury £6,910 to £16,200
Can Hand Injury Claims Include Special Damages?
Special damages are the second head of claim that you could be eligible to receive following a successful claim. This head of claim aims to reimburse you for any financial losses you have experienced as a result of your injuries. This can include:
- Loss of earnings
- Cost of care
- Travel expenses
- Cost of renovations to a home
- Medication costs
Evidence in the form of bank statements, payslips, invoices, or receipts can help prove these losses.
For more information on compensation for hand injury claims, get in touch on the number above. An advisor can provide you with a personalised estimate of what you may be awarded if your case succeeds.
Can I Make A Personal Injury Claim With A No Win No Fee Lawyer?
If you have a valid claim, you can choose to work with one of the personal injury solicitors from our panel. They offer their services under a No Win No Fee contract called a Conditional Fee Agreement (CFA).
When working with a solicitor in this way, you won’t typically be expected to pay any upfront or continuous costs for the work they do on your case. As well as this, in the case that you’re unsuccessful in your claim you won’t have to pay anything for their services.
If the claim is won, you’ll have to pay a success fee. This is a percentage taken from your compensation. However, it is discussed between you and your solicitor before your claim begins and the amount they can take is restricted by The Conditional Fees Agreements Order 2013
To get in touch, you can:
- Enter your details into the ‘contact us‘ form online
- Call on 0800 408 7827
- Talk with one of our advisors by using the live support bubble
More Information On Making A Broken Hand Claim
You can find more of our helpful guides relating to personal injury claims below:
- How to sue a restaurant
- Can a pedestrian sue if hit by a car?
- How to sue for a slip or trip accident
Alternatively, you can use the following links to learn more:
- Health and Safety Executive – Non-Fatal Injuries At Work
- Think! – Advice For Road Users
- Royal Society for the Prevention of Accidents – Fall Prevention
Thank you for reading this guide on hand injury claims. If you have any other questions, please get in touch using the number above.
Article by POW
Edited by MIT