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Specialists In Internal Organ Injury Claims
Read our guide to learn about the steps involved in making internal organ injury claims.
£85 million in compensation
Specialists In Internal Organ Injury Claims
Read our guide to learn about making internal organ injury claims with our team of advisors and solicitors..
A Complete Guide To Internal Organ Injury Claims In The UK
When our internal organs are damaged, it can leave those affected facing a lengthy recovery. Moreover, damage to the brain, heart, and other organs can cause long-term disabilities and lead to significant financial uncertainty. If you were harmed due to the negligent acts of someone else, you may be able to claim compensation. Our team understands that support can make all the difference during the internal organ injury claims process, and we’re here to help.
If you decide to claim with us, your solicitor will work tirelessly from the outset so you can stay focused on what matters: Your recovery. They will provide the right guidance and ensure that you are supported at every stage of the claim. If you’d like to find out whether you can claim personal injury compensation, please get in touch today:
- Call us on 0151 375 9916.
- Contact us online.
Can I Make A Claim For An Internal Organ Injury?
You may be able to claim for an internal organ injury if it has occurred due to the negligent actions of a liable third party. This involves establishing that the party breached the duty of care (the legal responsibility to ensure your well-being and safety) owed to you, directly causing your internal injuries.
How a third party meets their duty of care varies depending on the circumstances of the accident. Below, you’ll see some scenarios that might lead to valid internal organ injury claims.
Road Traffic Accidents
All road users have a responsibility to avoid causing injury or damage to each other (as well as themselves). This duty of care also requires drivers, cyclists, and other road users to comply with the Highway Code and the Road Traffic Act 1988. A breach of this duty may lead to an injury, and a road traffic accident claim for incidents like the following:
- While you’re waiting at a red light, another driver misjudges the distance between your vehicles and rear-ends your car. This collision leaves you with broken ribs and a collapsed lung.
- As a pedestrian, you’re trying to cross the road. However, a speeding bus comes out of nowhere and knocks you over. The impact results in major brain damage, leading to memory loss and concentration issues.
Accidents At Work
All employers have a duty to abide by the Health and Safety at Work etc. Act 1974. This requires employers to take reasonable measures to ensure the safety, well-being, and health of their workers.
Some examples of workplace accidents leading to internal injuries include:
- A poorly maintained machine malfunctions and traps a worker under a textile baling press. The impact of the crush injury causes liver damage. Management knew about the issue, but refused to make repairs.
- A warehouse worker is made to lift boxes which are too heavy for a single person. This causes muscular tears and a hernia injury.
Public Place Accidents
As a visitor to public places, you are owed a duty of care by the occupier in control of the area. This requires them to employ practical steps to ensure your reasonable safety, as per the Occupiers’ Liability Act 1957.
Let’s see how a breach of the 1957 act might cause an internal injury:
- While you’re shopping in a grocery store, a defective shelf causes a rack to fall on top of you. The blunt trauma to your chest leaves you with permanent lung damage. Management had repeatedly delayed repairs.
- In a shopping centre, a person fell on the stairs due to defective railings that had not been cordoned off despite several complaints. This causes significant kidney damage.
Call our team now to determine whether you have an eligible organ damage claim.
What If My Organ Injury Was Caused By Medical Negligence?
If your organ injury was caused by medical negligence, you will need proof that you suffered unnecessarily because of substandard care. All healthcare professionals have a duty to deliver standards of care that meet minimum expectations. If standards are not met, directly causing harm that was otherwise avoidable, then there may be grounds to claim compensation. For example:
- While performing a thoracoscopy, a specialist perforates your lung due to an incorrect technique, causing severe respiratory issues.
Speak to us now for more information on making medical negligence claims.
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How Much Compensation Could I Get For Injured Organs?
If your claim is successful, how much compensation you could get for injured organs will depend on the extent of the damage, its long-term impact, and whether there are associated financial losses. Your personal injury solicitor may use the Judicial College Guidelines (JCG) alongside your medical records to calculate the potential value of your general damages. This is the part of any internal injury compensation that will cover the pain and suffering you experienced.
The JCG is often used for calculating general damages because the text lists injuries and illnesses, along with their corresponding suggested compensation brackets. You can see several JCG brackets below for various internal organ injuries, including brain and kidney damage. Please use this table only as a guide and keep in mind that the top row isn’t from the document.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Special damages may be for medical expenses, lost earnings, and travel costs. | Up to £1,000,000+ |
| Brain Injury – Moderately Severe | There is a serious disability which leads to a need for professional care and a significant dependence on others. | £267,340 to £344,150 |
| Bladder Injury – Double Incontinence | Along with other medical complications, there is a loss of natural function and control in the bladder and a loss of urinary function and control. | Up to £224,790 |
| Bowel Injury – Loss of Natural Function | There will also be colostomy dependence. | Up to £183,190 |
| Chest Injury – Traumatic (b) | Affecting the heart, lungs, and/or the chest, causing permanent damage and a reduced life expectancy. | £80,240 to £122,850 |
| Digestive System – Traumatic Injury (i) | There is continuous pain and discomfort due to severe damage. | £52,490 to £75,550 |
| Digestive System – Non-Traumatic Injury (i) | There is severe toxicosis, vomiting and loose motions, which results in hospital admission and some continuing effects like irritable bowel syndrome. | £46,900 to £64,070 |
| Kidney Damage – Severe (c) | While one kidney is lost, there is no damage to the other. | £37,550 to £54,760 |
| Spleen Injury – Severe (a) | The immune system is damage due to a loss of spleen and there is a risk of internal infections. | £25,380 to £32,090 |
| Hernia Injury – Severe (a) | Even after repair, there is continuous pain and a limitation on employment or physical activities. | £18,180 to £29,490 |
If your claim is successful, you may be able to include your financial losses as well under special damages. This head may consist of:
- Loss of earnings, including any future impact on income.
- Care from professionals or family.
- Medical expenses, including private treatments and medications.
- The cost of rehabilitation, such as occupational therapy and counselling.
- Specialist equipment, ranging from wheelchairs to dialysis machines.
You must have financial evidence, such as bank statements and receipts, if you wish to claim for special damages.
Check out our list of compensation payouts in the UK or speak to one of our advisors for more information.
Can I Still Claim If My Organs Were Injured During A Criminal Assault?
Yes, you may still be able to claim if your organs were injured in a criminal assault, but it may need to be made through a government agency. If you cannot claim against the perpetrator or a vicariously liable third party (like a school), then you could pursue compensation through the Criminal Injuries Compensation Authority (CICA).
In such cases, the CICA can compensate victims of violent crimes if they meet the following eligibility criteria:
- The criminal assault was reported to the police.
- The incident occurred in England, Wales, or Scotland.
- It resulted in a criminal injury.
- The claim is being filed within 2 years of the crime (the CICA may consider exceptional circumstances).
The CICA Compensation Tariffs For Damaged Organs
The CICA sets compensation tariffs for damaged organs through the Criminal Injuries Compensation Scheme 2012 (‘Scheme’). This tariff sets fixed values depending on the severity of the injuries and other considerations. In short, that means an award for a specific injury will not go above or below what is specified in the Scheme.
The table below contains entries for various kinds of organ damage. Please note that the top row figure is the maximum that can be awarded by the CICA.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Serious Injuries and Special Expenses | Financial impact might be for lost earnings, care expenses, and special equipment costs. | Up to £500,000 |
| Brain Damage – Very Serious | There will be severe physical limitation and senses are significantly affected. | £175,000 |
| Brain Damage – Moderately Severe | Physical or mental faculties are seriously disabled, and intellect will be markedly impaired. | £110,000 |
| Brain Damage – Moderate | Significant, with an intellectual deficit and some degree of impact on senses. | £82,000 |
| Kidney Damage – Serious and Permanent Damage or Loss | This serious and permanent damage or loss will be for either the only functioning kidney or both of the kidneys. | £55,000 |
| Kidney Damage – Loss of a Kidney | This affects a single kidney. | £11,000 |
| Pancreas – Loss of Pancreas | This will involve the complete loss of the organ. | £16,500 |
| Chest injury – Injury Requiring Thoractomy and the Extensive Repair or Removal of at Least 1 Organ | The chest injury is such that in addition to thoractomy, at least 1 organ needs to be repaired extensively or removed. | £16,500 |
| Spleen Injury – Loss of Spleen | Claimant’s spleen will be lost. | £11,000 |
The CICA can compensate victims for a maximum of up to 3 injuries. Payouts for claims involving multiple injuries are determined using the following formula:
- 100% of the tariff for the highest-valued injury.
- 30% of the tariff value for an injury with the second-highest value.
- 15% of the tariff amount set for the injury with the third-highest value.
However, you may be further compensated if the assault left you with an STI, led to a pregnancy, or caused the loss of a fetus. Additionally, the CICA can compensate for various financial losses, such as the cost of care and home adaptations. Such special expenses must be reasonable, not freely available elsewhere, and necessary. If you meet certain requirements, you may also be able to claim for lost earnings.
For further advice on criminal injury claims, please read our guide to CICA payouts and contact our team.
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We pride ourselves on providing the best service possible for our clients.
What Do I Need To Bring An Injured Internal Organ Claim?
To bring an injured internal organ claim, you need evidence showing how you were harmed through the negligent actions (or inactions) of a third party. This evidence may vary depending on the type of claim you make, but typically includes:
- Medical reports, including test results, discharge summaries, and prescriptions.
- Contact details of colleagues, loved ones, or other potential witnesses who could give a statement to your solicitor.
- Additionally, if the internal injuries occurred on the road, you’ll need the driver’s contact information, their insurance, and vehicle registration.
- A visual record of the accident and injuries, such as dashcam or CCTV footage and photographs.
- Details recorded in the accident book, if injured in a workplace or public place accident.
Alongside this evidence, you’ll need to make sure that you have enough time to start claiming. Generally, personal injury claims need to be filed within 3 years of an accident. However, the Limitation Act 1980 makes some exceptions to this rule, which you can read about in our guide to time limits.
Call us now for more advice and find out how one of our solicitors could gather evidence on your behalf.
No Win No Fee Internal Organ Injury Claims With JF Law
Here at JF Law, our solicitors have helped clients across the country make No Win No Fee internal organ injury claims. Their expertise and experience mean they can offer a range of services, including:
- Arranging access to specialist rehabilitative care.
- Identifying the right kind of evidence for your claim and helping you gather it all.
- Handling all communications with the defendant and other parties.
- Calculating compensation to negotiate a fair settlement on your behalf.
Our solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). So, you won’t pay them any service fees upfront, during a claim, or if you lose. If you win, you will only pay your solicitor a capped percentage of your compensation. This is referred to as a success fee and is fully explained before you claim.
Contact Our Solicitors
For more information on the services offered by our team, contact us now:
- Call us on 0151 375 9916.
- Contact us online.
Learn More
Here are some of our other informative guides:
- Our guide on pub or bar accident claims.
- Information on child injury claims.
- Details on making serious injury claims.
You can also go through these online resources:
- Health and safety statistics from the HSE.
- NHS resource on spleen problems.
- Road safety statistics from the government.
Thank you for reading our guide on making internal organ injury claims.
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