If you are looking to make a hand injury claim, this guide may be of help to you. To have valid grounds to pursue a claim for a personal injury, you must show that negligence occurred. This can involve a third party breaching their duty of care and causing you harm as a result.
Hand Injury Claim
There are many scenarios that could lead to you sustaining a hand injury. For example, you could be injured in an accident at work, in a public place or in a road traffic accident. In some cases, you may be able to seek compensation for the injuries you sustained. However, there are a set of eligibility requirements that need to be met in order to do so. We will explore these further throughout our guide.
Additionally, we will explore how compensation for hand injuries is valued alongside what your payout could comprise.
Furthermore, we will look at the evidence that can be gathered to support your claim.
Finally, you can find an overview of No Win No Fee agreements and how a solicitor operating under these terms can help you.
Our advisors are available to assist you 24/7. For free advice and to ask any questions you may have relating to your potential personal injury claim, please do not hesitate to get in touch using the following details:
- Call us on 0800 073 8805
- Contact us via our online form
- Speak to an advisor through our live chat feature
Choose A Section
- When Are You Eligible To Make A Hand Injury Claim In Scotland?
- How To Make A Hand Injury Claim
- Potential Hand Injury Compensation Amounts
- Make A Personal Injury Claim On A No Win No Fee Basis By Using Our Panel Of Solicitors
- Learn More About Starting A Hand Injury Claim
When Are You Eligible To Make A Hand Injury Claim In Scotland?
In order to be eligible to begin a personal injury claim, you must meet the a set of requirements. Firstly, you must be able to prove that you were owed a duty of care by a third party. Moreover, this duty of care must have been breached. Finally, you must have been injured, either physically, psychologically, or both, as a result.
Additionally, you need to ensure you start your claim within the limitation period laid out in the Prescription and Limitation (Scotland) Act 1984. Generally, this states you have three years from the date of the accident to begin legal proceedings. However, some exceptions can apply.
In the following sections, we explore the different parties that owe a duty of care as well as the legislation that sets out the responsibilities they have.
Accidents At Work
Your employer owes you a duty of care as established in the Health and Safety at Work etc. Act 1974 (HASAWA). The legislation states that employers must take all reasonable steps to prevent employees from being injured at work or while carrying out work tasks.
An example of how an employer could breach this duty of care includes:
- Your employer fails to ensure machinery in the workplace is safe and fit for purpose. As a result, you sustain a crushed hand injury when using defective equipment.
Accidents In A Public Place
The party in control of a public space, such as a gym, supermarket or park, also owes you a duty of care. They need to take steps to ensure your reasonable safety as per the Occupiers’ Liability (Scotland) Act 1960.
An example of how an accident in a public place might happen due to a breach of duty includes:
- A spillage in a supermarket is not cleared or signposted within a reasonable time frame. Consequently, you slip, trip or fall and endure a fractured hand injury as you land.
Road Traffic Accidents
In accordance with the Road Traffic Act 1988, road users owe a duty of care to conduct themselves in a way that prevents themselves or anyone else being injured. Additionally, The Highway Code provides rules for different road users. These are backed by law and must be adhered to. There is also guidance on a road users’ different responsibilities in the Highway Code.
Below, is an example of how you could be injured in a road traffic accident if there was a breach of duty:
- You are stopped at a red light when another road user rear-ends you as a result of them being on their phone while driving. Subsequently, you suffer a hand injury.
If you have sustained a hand injury, a claim could be made if you can prove negligence. To learn more about whether you could be eligible to seek compensation for your injuries and how long you have to do so, contact an advisor on the number above.
How To Make A Hand Injury Claim
When making a hand injury claim, it is useful to gather evidence that proves third party negligence as well as the extent of injuries you sustained as a result. Here are some examples of the types of evidence you could acquire:
- A copy of your medical records.
- CCTV footage of the accident.
- Pictures of your injuries and any hazards that caused the accident.
- A diary of your symptoms, treatment and the impact your injuries had on your life.
- Witness contact details to allow witness statements to be taken at a later date.
- Proof of any financial losses, such as receipts, invoices or bank statements.
A solicitor from our panel can help you acquire evidence if you need any help. Please get in touch with our team of advisors for more details on the services they can offer and whether you could be eligible to have them assist you.
Potential Hand Injury Compensation Amounts
The compensation that may be awarded for a successful hand injury claim may be split into two heads of claim. You could receive compensation for any pain and suffering that is caused by your injuries under general damages. This can apply to both physical and mental injuries.
We have included a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG) by Judiciary UK. This is a document solicitors can refer to when calculating the value of your injuries.
We have included these figures in the table below. Please keep in mind that as all cases are unique, the settlement you receive could differ to the figures listed.
Compensation Brackets
| Injury Type | Severity Level | Compensation Bracket | Details |
|---|---|---|---|
| (a) Hand Injury | Complete Or Effective Loss Of Both Hands | £140,660 to £201,490 | A serious injury that results in damage of an extensive nature to both hands. This renders them little more than useless. |
| (c) Hand Injury | Complete Or Effective Loss Of One Hand | £96,160 to £109,650 | A hand that has been crushed and then surgically amputated. |
| (d) Hand Injury | Amputation Of Index, Middle Or Ring Fingers | £61,910 to £90,750 | Any grip that remains will be increasingly weak and the hand will be rendered of very little use. |
| (b) Hand Injury | Serious Damage To Both Hands | £55,820 to £84,570 | Injuries in this bracket will have led to a permanent cosmetic disability as well as a significant loss of function. |
| (e) Hand Injury | Serious | £29,000 to £61,910 | Injuries, for example, the amputation of several fingers that have been rejoined to the hand reducing it to about 50% capacity. |
| (f) Hand Injury | Severe Finger Fractures | Up to £36,740 | Injuries may lead to partial amputations and result in deformity as well as impaired grip and other issues. |
| (g) Hand Injury | Less Serious | £14,450 to £29,000 | Significantly impaired function from a crush injury that is severe in nature. |
| (i) Hand Injury | Total And Partial Loss Of Index Finger | £12,170 to £18,740 | This bracket covers cases where an injury to the index finger has caused disfigurement and grip impairment. |
| (j) Hand Injury | Fracture Of Index Finger | £9,110 to £12,240 | The fracture has mended quickly but grip has remained impaired and the person experiences pain on heavy use. |
| (h) Hand Injury | Moderate | £5,720 to £13,280 | Injuries in this bracket can include crush injuries, penetrating wounds and deep lacerations. |
These guidelines are often used to value claims in England and Wales.
Special Damages In A Hand Injury Claim
Special damages might be included as part of your payout if you incur any financial losses as a result of your injuries. You could claim back the following costs under this head:
- Loss of earnings
- The cost of home adaptations
- Care costs
- Medical expenses
- Travel costs
It can benefit your claim to gather evidence to prove any monetary expenses.
Our advisors can provide you with a personalised estimate of how much compensation you could be owed for your hand injury if you get in touch.
Make A Personal Injury Claim On A No Win No Fee Basis By Using Our Panel Of Solicitors
Under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, you could be offered a Speculative Fee Agreement or a Damages Based Agreement by a solicitor.
This typically means no fees will be required for your solicitor’s services at the following times:
- At the start of your claim
- While your claim is ongoing
- If your claim fails
In the event of a successful claim, a success fee will be deducted from your compensation to be paid to your solicitor. This will be law capped, which guarantees you take home the majority of your settlement.
If you would like to find out whether you qualify to be represented by a No Win No Fee solicitor, please get in touch with an advisor from our team. They can also offer insight into whether you have valid grounds to begin a hand injury claim and the process involved in doing so.
To get in touch:
- Call us on 0800 073 8805
- Contact us via our online form
- Speak to an advisor through our live chat feature
Learn More About Starting A Hand Injury Claim
For more of our guides:
- Learn more about how you can start your claim.
- Find out about fall from a height claims.
- Read about making a claim following a head injury at work.
We have also included further reading that might be beneficial to you:
- NHS – First Aid
- Health and Safety Executive (HSE) – Common Workplace Risks
- GOV.UK – Request CCTV footage of yourself
Thank you for reading this guide on how to make a hand injury claim. If you have any questions, please do not hesitate to get in touch with an advisor from our team.
Writer Beck Pilsner
Editor Meg Mochi