The time limit for filing a claim for a hand injury, as part of personal injury claims, is generally three years from the date of the injury, or from the date you first became aware that your injury was connected to an incident or negligence.

However, there are exceptions to this rule:

• For children: the three-year period usually starts from their 18th birthday, meaning they have until they are 21 to make a claim.
• For individuals who are mentally incapacitated: the time limit might not start until they regain capacity.

In a hand injury case, you can typically claim compensation for several types of damages to cover both the immediate and long-term impacts of the injury. Here’s a breakdown of the common types of compensation you might seek:

1. Medical expenses: this includes costs for all medical treatments related to the hand injury, such as emergency care, surgery, medication, physical therapy, and any ongoing rehabilitation costs.
2. Loss of earnings: if the injury has caused you to take time off work, you can claim for lost wages. Additionally, if there is a reduction in your ability to earn in the future due to the injury, you can claim for loss of future earnings.
3. Pain and suffering: this covers compensation for the physical pain and emotional distress caused by the injury. The severity of the injury and the level of pain you experience play significant roles in determining this amount.
4. Loss of amenity: compensation for loss of amenity refers to the impact the injury has on your quality of life, such as your ability to engage in hobbies, sports, or other activities you enjoyed before the injury.
5. Adaptations and aids: if your injury requires modifications to your home or vehicle, or if you need prosthetics and other aids, these costs can also be claimed.
6. Care claims: if you require assistance from professionals or even family members for your daily activities during your recovery, you can claim for the cost of this care.
7. Out-of-pocket expenses: you can include any additional costs incurred as a result of the injury, such as travel expenses to and from medical appointments, parking fees, and over-the-counter medications.

Proving that your hand injury was caused by someone else’s negligence involves demonstrating several key elements. Here’s a general outline of what you need to establish:

1. Duty of care: establish that the defendant owed you a duty of care. This means proving that the person or organisation had a responsibility to act in a way that would prevent harm. For example, employers have a duty to provide safe working conditions, and manufacturers are expected to produce products that are safe when used as intended.
2. Breach of duty: show that the defendant breached that duty. This could be through an action they took or failed to take. For instance, if an employer did not provide the necessary safety equipment, or if a manufacturer produced a defective product that caused injury, this may be seen as a breach.
3. Causation: prove that the breach of duty directly caused your injury. This involves linking the negligent act to your hand injury unequivocally. Medical records, expert testimony, and other forms of evidence can be crucial in establishing this link.
4. Damages: demonstrate that you suffered actual damages as a result of the injury. This could be physical, emotional or financial harm. Documenting your medical treatments, financial losses, and the impact on your daily life are essential to this part of your claim.

Collecting Evidence

To support your claim, you will likely need to gather various forms of evidence, including:

• Medical records: these are critical as they provide details about your injuries, treatment and prognosis, directly linking your condition to the accident.
• Witness statements: statements from people who saw the incident or can testify to the conditions that led to your injury can support your version of events.
• Photos and videos: visual evidence of the scene can help establish the conditions that caused your injury.
• Expert testimony: experts in fields like workplace safety, medical professionals, or accident reconstruction specialists can provide authoritative opinions supporting your claim.
• Accident reports: if the injury occurred at work or in a public place, an accident report might have been filed, which could further substantiate your claim.

Legal Assistance

Given the complexities involved in proving negligence, consulting with a personal injury solicitor at JMW can be very beneficial. They can help you navigate the legal aspects, gather the necessary evidence, and present a strong case to maximise your chance of a successful outcome.

Yes, you can still claim compensation for a hand injury even if you were partially at fault. This concept is known as "contributory negligence." It recognises that more than one party can be responsible for an incident that led to an injury. Here’s how it generally works:

• Shared fault: if it is determined that you share some of the blame for your injury, your compensation may be reduced by a percentage that reflects your degree of fault. For example, if you are found to be 30% responsible for your injury, your compensation might be reduced by 30%.
• Calculation of damages: the exact impact of your contributory negligence on your compensation will depend on the laws specific to your jurisdiction. In some places, as long as you are not more at fault than the other party, you can still receive compensation.

The time it takes to settle a hand injury claim can vary significantly based on several factors. Generally, the process could take anywhere from a few months to several years. Here’s a breakdown of the factors that influence the timeline:

1. Complexity of the case: simpler cases, where the injuries are clear-cut and liability is not disputed, can be resolved more quickly, often within a few months. More complex cases, such as those involving severe injuries with long-term effects or disputed liability, may take longer to resolve.
2. Severity of the injury: the extent of the injury impacts how long it takes to fully assess the damages. Claims often proceed faster once there is a final medical report stating that the injured person has reached maximum medical improvement (MMI), which means the condition has stabilised and a complete prognosis can be made.
3. Willingness to settle: the negotiation process can be straightforward if both parties are motivated to settle. If either party is uncooperative, or there are significant disagreements over the value of the claim, this can lead to extended negotiations or even a trial, which prolongs the process.
4. Legal proceedings: if a settlement cannot be reached and the claim goes to court, the timeline extends considerably. Court schedules, motions and potential appeals can add years to the settlement process.