In this guide to abrasion injury claims we’ll look at common accidents that can cause abrasions (such as slips, trips and falls), when you might have grounds to claim compensation, and the process you’ll need to follow. Finally, we’ll explain how much compensation could be paid for abrasion injuries.
Our team is here to help if you wish to discuss your claim options. They will review your case and can give free legal advice during a no-obligation telephone consultation. Where there are grounds to proceed to making an abrasion injury claim, we could provide you with one of our personal injury solicitors to represent you. They’ll make your claim less stressful if they take it on because they provide a No Win No Fee service.
If you are ready to start a claim, please get in touch on 0800 6524 881. Otherwise, please read on to learn more about claiming compensation for abrasion injuries.
Are You Eligible To Make An Abrasion Injury Claim?
There are many different accidents that could result in abrasion injury claims that we’ll look at shortly. Before we do, let’s consider when you might be eligible to seek compensation. Before a personal injury solicitor will work on your case, they’ll check that:
- The defendant owed you a legal duty of care; and
- A negligent act meant they breached that duty; and
- As a direct result of that negligence, you suffered an abrasion injury.
Legal duty of care is not something you need to know too much about as your solicitor will check that it exists. For your information, though, it is established through various pieces of legislation like the Occupiers Liability Act 1984 and the Health and Safety at Work Act 1974.
To help prove the next two criteria for claiming, you’ll need evidence. There are various ways to obtain this including:
- Taking photographs. If you’re able to do so safely, it’s always a good idea to capture the accident scene in a photograph. If possible, this should be done before anything is removed.
- Reporting the accident. Companies are legally required to keep records of accidents on their premises in an accident report book (or a similar device). Also, you have the right to ask for a copy of the accident report relating to your injury. This report could help prove when, where, and how the accident occurred.
- Getting treatment. If you are injured, it’s always advisable to visit A&E or a minor injuries unit for treatment. By doing so, medical records will be created that explain what abrasion injuries you sustained and the treatment you needed.
- Witness details. If anybody else saw what happened, make a note of their contact details. They might be asked by a solicitor to provide a statement that could confirm what happened.
- Video footage. Where possible, it’s a good idea to secure copies of any CCTV or dash cam footage that captured the incident.
- Financial losses. If you need to spend money because of your abrasion injuries, keep a list with receipts.
If you have already secured evidence relating to your accident, call our team today. They’ll review your abrasion injury claim for free and could pass it to one of our No Win No Fee solicitors.
How Much Compensation For Abrasion Injuries?
When claiming abrasion injury compensation, several factors are considered when determining how much to claim for. Solicitors will usually split your claim into two different elements. They are:
- General damages. This will be based upon the physical pain and suffering caused by your abrasion injury. Additionally, you could claim for the psychological impact of any permanent scars that remain after your abrasion has healed.
- Special damages. These cover any costs or expenses you’ve sustained because of your injuries.
To help establish the level of suffering your abrasion injuries have caused, you could be asked to attend an independent medical assessment which can be arranged locally by your solicitor. In your appointment, an independent specialist would review your injuries, read your medical records, and discuss how you’ve suffered. They’ll then produce a report detailing your prognosis.
Abrasion Injury Compensation Calculator
Let’s now look at what amount of abrasion injury compensation might be awarded. To do so, we’ve provided a compensation calculator based on general damages compensation figures supplied by the Judicial College. If your injury isn’t listed, don’t worry as we might be able to supply a compensation estimate during your free case review.
We should explain that the figures listed are not guaranteed compensation amounts. They are guidelines and you could be paid more or less in a successful claim. Also note that they do not include special damages as your solicitor would need to add these up separately. Please contact us if you’d like us to consider your abrasion injury claim and estimate how much you could claim.
Common Causes Of Abrasion Injury Claims
As abrasions are caused by the skin being rubbed over rough surfaces, there are various ways in which they can happen. While we can’t list every single scenario that could lead to an abrasion injury claim here, we have listed a few examples below:
- Where you put your hand out to stop a fall caused by a spillage and it is grazed on concrete or tarmac.
- If a limb becomes trapped while using faulty machinery in a factory accident.
- Where you are trapped between a forklift truck and a wall in a factory.
- If you are knocked off your motorbike in a road traffic accident.
Types Of Abrasion Injuries
There are three types of abrasion injuries. Each is distinguished by the extent of damage to the skin.
When only the epidermis is damaged, it is called a first-degree abrasion. The skin damage can be clearly seen in a first-degree abrasion but the wound does not bleed. First degree abrasions are not serious and will heal by itself over a period of time.
When the dermis and epidermis are both damaged and there is just a little bit of blood, the injury is called second-degree abrasion. Second degree abrasions will also heal on their own but it will take longer. Getting proper medical treatment will help the wound heal faster and minimise the risk of infection.
When the damage cuts through the epidermis and dermis and goes right through to the subcutaneous layer, it is called a third-degree abrasion. Third-degree abrasions almost certainly leave a scar even after the wound is healed. These injuries are more painful because the highly sensitive nerve endings get exposed. The wound is also at higher risk of getting infected.
Proper medical treatment followed by regular cleaning and irrigating the wound will help prevent infection.
Time Limits For Claiming Compensation
As you may already know, there are time limits that apply to personal injury claims. For most abrasion compensation claims, you’ll have 3-years from the date of the accident that caused your injuries.
We would suggest that it’s best to begin your claim as soon as you can. That will mean your solicitor will have plenty of time to collect evidence to support your case. Furthermore, it will be a lot easier for you to recall the events leading up to your accident.
If a child suffers an abrasion injury, the time limit will not apply. In this instance, a parent, guardian, or friend could represent them as a litigation friend. This method of claiming can be used before the child’s 18th birthday. After that, if no claim has been made, the victim will have 3-years to take action from the day they turn 18.
How Our Personal Injury Solicitors Could Help Your Abrasion Injury Claim
The process of seeking compensation often involves insurance companies. They take responsibility for the abrasion injury compensation claim from their client and will always try to limit how much compensation they award (if any). Therefore, it is vital that you can clearly explain why their client is liable for your accident and the extent of your suffering. If you can’t, it’s quite possible you’ll miss out on any compensation you might be entitled to.
Our suggestion is that the claims process is much easier with a personal injury solicitor working for you. If your claim is accepted by a member of our team, they’ll shield you from the defendant’s insurer. That means you won’t have to deal with complex legal questioning. They’ll also try to ensure there is plenty of evidence to prove your allegations and to try and counter any arguments raised.
If you would like to find out whether we could help you make a claim, please call our claims team. Our number is 0800 6524 881. When you get in touch, we’ll assess the merits of your case for free and offer advice on your legal options. Remember, every abrasion injury claim we accept will be dealt with on a No Win No Fee basis.
Last updated 2nd October 2021.