If you have experienced a hernia, a claim could be made if you can meet the eligibility criteria. We will discuss the requirements for beginning a personal injury claim further in our guide. Also, we will outline the time limits for starting legal proceedings.
A Guide To Making A Hernia Claim
Additionally, as you move through this guide, you will find information on the different steps that you could take as part of the personal injury claims process, including gathering evidence and seeking legal advice from a solicitor.
You might wonder how much compensation you could be awarded following a successful claim. Later in this guide, we will explore what could be included in a personal injury settlement and how they are calculated.
Finally, we will discuss the benefits of working with a solicitor offering their services under No Win No Fee terms and the services they could offer to help you seek compensation for your hernia injury.
If you have any further questions about the process of making a personal injury claim, then you can use the following contact information for a free consultation with our team of advisors. To reach them, you can:
- Call on 0113 460 1216
- Talk with one of our advisors by using the live support bubble
- Fill out our ‘contact us’ form
Choose A Section
- When Are You Eligible To Make A Personal Injury Hernia Claim?
- Examples Of Negligence That Could Lead To A Hernia Injury
- What Could You Receive From A Personal Injury Hernia Claim?
- Evidence That Could Help You Prove Liability
- Use Our Panel Of Solicitors To Make A No Win No Fee Personal Injury Claim
- Learn More About Making A Personal Injury Hernia Claim
When Are You Eligible To Make A Personal Injury Hernia Claim?
If you experienced a hernia, a claim could be made in certain circumstances. However, you need to meet the requirements that outline the eligibility to pursue a personal injury claim. These include proving the following:
- Firstly, that you were owed a duty of care by a third party, such as a road user, employer, or occupier.
- Secondly, the third party breached this duty of care.
- Finally, you experienced a physical injury, emotional harm, or both, as a result of the breach.
The above three points define negligence, for which you could seek compensation.
As mentioned, there are several third parties who might owe you a duty of care. In the following sections, we have outlined the responsibilities they have with regard to your health, safety, and well-being.
Road Traffic Accidents
As outlined in The Road Traffic Act 1988, road users owe one another a duty of care. This means that in order to prevent one another from experiencing harm on the roads, they must navigate the roads in a safe and responsible manner. Also, The Highway Code outlines rules that each road user must adhere to, as well as guidance on some of the responsibilities they have.
A failure to uphold their duty of care could lead to a road traffic accident in which you experience harm.
Accidents In A Public Place
Occupiers of a public space have a duty of care to ensure the reasonable safety of those who use the space for its intended purpose. This duty of care is established in the Occupiers’ Liability Act 1957.
If the party in control of a public space breached their duty of care, it could lead to you sustaining harm in a public place accident.
Accidents At Work
As outlined in The Health and Safety at Work etc. Act 1974, employers owe their employees a duty of care. This means they must take reasonable steps to ensure the safety of the workplace, environment, equipment, and facilities to prevent injury to employees. This can involve managing and removing hazards that pose a risk to their employee’s safety and well-being.
If an employer breaches their duty of care, it could lead to you sustaining harm in an accident at work.
To find out when you could be eligible to make a personal injury hernia claim, get in touch with an advisor on the number above.
Examples Of Negligence That Could Lead To A Hernia Injury
There are several types of hernia, with some developing as a result of pressure or strain on the stomach. Examples of accidents in which a hernia injury could be caused include:
- Car accident – A driver may crash into the side of another vehicle due to failing to check their mirrors before changing lanes on a duel carriageway. As a result, the other driver has their stomach crushed against the steering wheel, causing multiple internal injuries, including a hernia.
- Slip, trip, and fall – A customer might slip or fall on a wet floor in a supermarket aisle because no wet floor sign was put down. As a result, they sustain a broken shoulder and soft tissue damage to the stomach leading to a hernia.
- Manual handling accident at work – A worker may be tasked with manual handling activities without receiving any training. As a result, they lift heavy boxes incorrectly causing them to experience pressure on their stomach which develops into a hernia.
Can You Claim If Your Hernia Injury Has Been Made Worse?
If you have a pre-existing condition that has been made worse due to negligence, it may still be possible to seek personal injury compensation.
To find out more, please get in touch with an advisor via the number above. They can discuss your specific case and advise whether you have valid grounds to pursue a personal injury hernia claim.
What Could You Receive From A Personal Injury Hernia Claim?
Following a successful personal injury claim, you could be awarded compensation for the following:
- The emotional suffering and physical pain that your injuries have caused you to experience. This is awarded under the general damages head of claim, with consideration being given to the overall impact your injuries have had on your quality of life.
- The monetary damage you experienced as a result of your injuries. This is awarded under special damages. You could be reimbursed for loss of earnings, care costs, medical expenses, and travel costs. However, you need evidence to prove these losses, such as receipts, wage slips, and travel tickets.
When calculating the value of general damages, solicitors can use the Judicial College Guidelines to help them. This is a document containing a list of guideline award brackets. We have included some of these amounts in the table below. However, you should only use them as a guide because settlements vary depending on the unique circumstances of each case.
Compensation Table
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Bladder | Up to £140,660 | Function and control are completely lost. |
| Bowel | £44,590 to £69,730 | A severe abdominal injury that causes function to be impaired. In these cases, a temporary colostomy is often necessary, leaving scars that are disfiguring. |
| Kidney | £30,770 to £44,880 | One kidney is lost but the other is not damaged. |
| Hernia | £14,900 to £24,170 | There is ongoing pain as well as a limit on physical activities, sport or employment, after repair. |
| Hernia | £7,010 to £9,110 | A direct inguinal hernia where there was no pre-existing weakness. There is some risk of recurrence after repair. |
| Hernia | £3,390 to £7,230 | An uncomplicated and indirect inguinal hernia that is possibly repaired and has no association to an abdominal injury or damage. |
To discuss the potential settlement you could be awarded if your claim were to succeed, please contact an advisor by calling the number above.
Evidence That Could Help You Prove Liability
Evidence can help demonstrate that third-party negligence occurred. It can also provide details on the nature of your injury and the way it has affected you. Below is a list of evidence that you could use to prove a personal injury hernia claim:
- CCTV footage of the accident
- A diary of your treatment and symptoms
- Copies of any medical records
- Photographs of your injury and the accident site
- Contact details of potential witnesses
If you’re struggling to gather evidence to support your claim, you could benefit from working with a personal injury solicitor from our panel. They have experience handling claims for a hernia injury and could assist you in gathering evidence to build your case.
For further guidance on the services the solicitors from our panel could offer and whether you could be eligible to have one of them represent your claim, call the number above.
Use Our Panel Of Solicitors To Make A No Win No Fee Personal Injury Claim
Providing that you have a valid claim, you could choose to work with a No Win No Fee solicitor from our panel. They can offer you a contract that allows you access to their services without paying upfront or ongoing costs. This is known as a Conditional Fee Agreement (CFA). Other terms that are usually included in a CFA include:
- No payment is required for your solicitor’s work if the claim does not succeed.
- If your claim has a successful outcome, you will pay your solicitor a percentage of your compensation. However, the amount they are able to take is restricted by the Conditional Fee Agreements Order 2013
If you have any questions about No Win No Fee agreements or would like to discuss your potential personal injury hernia claim, you can contact an advisor. To do so:
- Call on 0113 460 1216
- Talk with one of our advisors by using the live support bubble
- Fill out our ‘contact us’ form
Learn More About Making A Personal Injury Hernia Claim
For more of our helpful guides:
- Find out if you could seek compensation following a collarbone break at work.
- A helpful guide answering frequently asked questions regarding claims for a personal injury.
- Learn about making a claim for an accident on public transport.
For more external resources:
- GOV – Statutory Sick Pay
- Royal Society for the Prevention of Accidents – Falls Prevention
- Health and Safety Executive – Manual Handling At Work
Thank you for reading this guide on when you could be eligible to begin a personal injury hernia claim. If you have any other questions, please don’t hesitate to contact an advisor using the contact details above.
Writer Louis Pen
Editor Meg McConnell