In this guide, we will look at the process of claiming for chest injuries. If you have been harmed by negligence, you could be entitled to make a claim.
In order to establish whether your claim is legitimate, we will look at some of the eligibility criteria that apply. Additionally, this section will feature an explanation of the duty of care you are owed.
Chest injuries claims guide
Furthermore, we have included a table of guideline compensation payout brackets for a range of injuries to give you an idea of what your claim might be worth. In addition to this, we will look at the two different kinds of damages that you could be entitled to if your claim is a success.
Please continue reading for more information regarding a chest injury claim. Alternatively, you can speak with one of our advisors for free today. They may refer you to a solicitor from our panel if they see that your case has merit. Contact us by:
- Calling us on 0113 460 1216
- Learn how to make a claim online by filling out our form
- Speak to an advisor using the live chat feature below.
Jump To A Section
- When Can You Claim For Chest Injuries?
- What Do You Need To Make A Chest Injury Claim?
- What Chest Injury Compensation Could You Receive From A Claim?
- Is There A Time Limit To Claim For Chest Injuries?
- Use Our Panel Of Solicitors To Make A No Win No Fee Claim
- Learn More About Claiming For Chest Injuries
When Can You Claim For Chest Injuries?
In order to have a valid personal injury claim, you should satisfy the eligibility criteria. This is as follows:
- Firstly, prove that you were owed a duty of care.
- Secondly, prove this duty was breached.
- Thirdly, show that this breach caused your injuries.
If your case meets the criteria above, this is known as negligence. You might be able to claim for the harm you experienced. Below, we look at some of the different scenarios in which chest injuries could occur because of a breach of duty of care.
Road Traffic Accidents
The Road Traffic Act 1988 and the Highway Code outline the duty of care owed by road users to one another. While not everything in the Highway Code is legally binding, it sets out safe road conduct. Failure to adhere to these documents could cause an accident.
Here are some scenarios where a road accident may lead to chest injuries:
- A T-bone collision on the passenger side can lead to a bruised rib injury. Consequently, they may be entitled to make a passenger injury claim against the at-fault party.
- Being involved in a head-on car accident because the other driver was on the wrong side of the road may result in a fracture or bruised sternum.
- You’re a cyclist who is crossing correctly at a toucan crossing when a driver runs a red light. This causes them to collide with you and hit you while on your bike, causing a broken rib and punctured lung.
Accidents In A Public Place
Those in control of public spaces owe visitors using their premises a legal duty of care. Under the Occupiers’ Liability Act 1957, they need to ensure the reasonable safety of those using the space for the intended reasons.
Here are some examples of how a chest injury could happen in a public place:
- An accident in a supermarket, such as falling on boxes of stock that were left out in a walkway, could lead to a fractured rib or soft tissue damage.
- You may sustain a chest injury from an accident in a public place if you fall from a height due to a faulty handrail.
- You make a claim for lung damage because there was no clear evacuation procedure in a library, meaning that you experienced smoke inhalation when there was a small fire.
Accidents At Work
Every employee is owed a duty of care under The Health and Safety at Work etc. Act 1974. This act places a duty of care on employers to take reasonable steps to ensure the safety of those they employ.
Here are some examples of accidents at work that could lead to a chest injury:
- An employer may suffer a puncture wound to the chest after slipping on a wet floor that wasn’t cleared up and landing on a sharp object.
- You may be eligible to claim for an injury at work if you have been provided with the wrong Personal Protective Equipment (PPE) and, as a result, have sustained burns to your lungs from fumes.
- An employee may be struck by a moving object on a building site due to inadequate staff training causing a broken rib injury.
What Do You Need To Make A Chest Injury Claim?
Evidence is a useful way through which you can prove a personal injury claim. It may be used to demonstrate negligence, highlight the extent of an injury, prove financial losses, and illustrate any psychological effects.
Here are some types of evidence you might use to present your claim:
- CCTV footage of the accident happening.
- A diary recording your treatment and symptoms. This can demonstrate any psychological injury as well as the effect on your life.
- Medical records can be shown to emphasise the extent of the harm caused by chest injuries as well as any treatment you’ve had to undergo.
- Photographs can show the extent of an injury and prove how the incident occurred.
- Contact details of eyewitnesses who can provide an account of how the accident happened at a later date.
One of the services our panel of solicitors can provide is helping clients collect evidence in support of their case. For more information, speak with one of our advisors for free; they may be able to connect you with a solicitor from our panel.
What Chest Injury Compensation Could You Receive From A Claim?
In a successful personal injury claim, there are two potential heads that your settlement could be made up of. The head of claim that accounts for the pain and suffering caused by your injury is known as general damages.
Below, we have included a table of compensation brackets taken from the Judicial College Guidelines (JCG), a tool that professionals can use to help them value general damages. Please note that the values in this table are not guaranteed compensation payouts; each claim is individual and will be valued based on particular circumstances.
Compensation Table
Injury Value Notes
(a) Chest injuries £100,670 to £150,110 Removal of a lung and/or serious heart damage.
(b) Chest Injuries £65,740 to £100,670 Permanent damage to chest, lungs and/or heart.
(c) Chest injuries £31,310 to £54,830 Damage to chest and lung(s) causing continuing disability.
(d) Chest injuries £12,590 to £17,960 Simple injury with no significant long-term effect on how the lung functions.
(e) Chest Injuries £5,320 to £12,590 Residual damage from toxic fumes.
(f) Chest Injuries £2,190 to £5,320 Collapsed lung with uncomplicated recovery.
(g) Chest Injuries Up to £3,950 Rib fractures causing severe pain and short-term disability that only lasts for a period of weeks.
Special Damages In A Chest Injury Claim
The other head of claim, which accounts for the financial losses incurred due to your injury, is called special damages. This can include both past and future losses.
Here are some examples of costs that could be included in a special damages head of a chest injuries claim:
- Lost earnings.
- Future loss of income.
- Travel expenses.
- Medical and carer costs.
Supporting your claim with evidence such as payslips and receipts is important in ensuring you’re fully compensated for your losses.
Is There A Time Limit To Claim For Chest Injuries?
In general, you must initiate a personal injury claim within three years of the accident to satisfy the standard claim time limit outlined in the Limitation Act 1980. However, some scenarios can present exceptions to the limitation period.
Here are some examples of exceptions that can apply:
- The claimant is mentally incapable of claiming for themselves. If this is the case, the claim time limit will be suspended unless they become able to claim themselves.
- A child under 18 would have their time limit suspended until their 18th birthday, at which point they could claim for themselves.
In both scenarios, a litigation friend could file a claim on their behalf while the time limit is suspended. A litigation friend is an adult who acts in the best interests of the injured party.
Use Our Panel Of Solicitors To Make A No Win No Fee Claim
Our panel of solicitors have adept experience covering a wide range of personal injury claims. They can work under No Win No Fee agreements, such as Conditional Fee Agreements.
With a Conditional Fee Agreement in place, there will generally be no initial upfront fee payable to your solicitor in order for them to begin work on your claim. In addition, you will not be charged any ongoing fees for their services whilst the claim is in process, and if your claim is unsuccessful, you will not be charged for their services.
However, in the event of a successful claim, your solicitor would deduct a small success fee, legally capped by The Conditional Fee Agreements Order 2013, so that you can’t be overcharged.
Contact Us
If you would like to know more about the chest injuries claims process, please contact us for free. You may be connected with one of the No Win No Fee solicitors from our panel.
Contact us by:
- Calling us on 0113 460 1216
- Learn how to make a claim online by filling out our form
- Speak to an advisor using the live chat feature below.
Learn More About Claiming For Chest Injuries
In this final section, we will provide you with a list of links related to chest injuries and similar claims.
Browse some more of our guides:
- Our guide on making a claim after a collapsed lung injury.
- Information regarding shop injury claims after an accident at work.
- Learn what you could receive in a successful claim after an accident in a pub.
Here are some links to external resources that you might find helpful:
- GOV.UK – Learn how to request CCTV footage of an accident.
- NHS – Find out how to get your medical records.
- GOV.UK (Crown Prosecution Service) – Driving offences.
If you have any questions about the chest injuries claims process, speak with a member of our team today.
Writer Matthew Wright
Publisher Fern Stringer