Am I Entitled To Claim Compensation After Suffering Lung Damage?

If you have suffered lung damage due to third-party negligence, you could be eligible to claim compensation.

Lung damage claims guide

Lung damage claims guide

Through this guide, you can learn more about chest-related compensation claims, and the types of compensation you could receive. We will also look at the different scenarios in which you are owed a duty of care. 

Get in touch with our team advisors and start your claim today by:

  • Calling the number at the top of the screen
  • Using the “live chat” feature to the bottom right of the screen
  • Writing to us through our online form

Choose A Section

  1. Can I Make A Claim After Suffering Lung Damage?
  2. Lung Injury Examples
  3. What Goes Into Proving The Negligence Of A Third Party?
  4. Estimating Compensation For Lung Damage
  5. Am I Best To Appoint A No Win No Fee Solicitor?
  6. Find Out More About Lung Damage Claims

Can I Make A Claim After Suffering Lung Damage?

To make a claim after suffering from lung damage, you must be able to prove that a third party is responsible for your injuries. This means you must establish that:

  • A third party owed you a duty of care
  • This duty of care was breached
  • Your injury was caused by this breach

For example, according to the Health and Safety at Work etc. Act 1974 (HASAWA), every employer owes their employees a duty of care. This means they must take all reasonable actions to ensure a safe working environment. Failure to do so could lead to a workplace accident. 

The same can be said for accidents in a public place, like a supermarket or a gym: according to the Occupier’s Liability Act 1957, the duty of care falls on the “occupier” of the area (the party in control of the space) and extends to all visiting members of the public.

The Highway Code and the Road Traffic Act 1988 outline each road user’s duty of care and establish the rules that road users should follow to ensure their own safety and the safety of others. 

For more information on duty of care and whether you can claim after an accident has left you injured, get in touch with our team of expert advisors.

Lung Injury Statistics

According to statistics published by the Health and Safety Executive (HSE), each year an estimated 12,000 people die from work-related lung diseases. Of this number, 34% suffered from Chronic Obstructive Pulmonary Disease (COPD), and a further 20% suffered from asbestos-related lung cancer and mesothelioma. 

If you have sustained lung damage due to an accident or illness caused by third-party negligence, contact us today for free legal advice.  

Lung Injury Examples

Lung injuries can happen in a variety of ways. Here are some examples of how third-party negligence can lead to lung damage:

  • Exposure to asbestos: Every year, an estimated 12,000 people die from occupational lung diseases. If your employer knowingly exposed you to asbestos without providing adequate PPE or explaining the risks, you could be entitled to make a serious injury claim for any illness caused by the exposure.
  • Crush injuries due to road collisions: According to the department for transport, in the year 2020/2021 there were 119,850 road accident casualties of all severities. If you were involved in a car accident that was caused by negligence and you sustained a crush injury or damage to the chest as a result, you may be able to make a road traffic accident claim.
  • Smoke inhalation: Every public building should have clear fire evacuation routes and fire hazard measures in place. If you cannot evacuate during a fire due to a lack of exits or fire prevention measures and suffer damage caused by smoke as a result, you could be eligible to make a public liability claim.

 Get in touch with our team for further guidance on making this kind of claim.

What Goes Into Proving The Negligence Of A Third Party?

When you start your lung damage claim, you will be expected to prove that your injury or illness was caused by third-party negligence. As such, it’s a good idea to start collecting evidence to support your claim as soon as possible. You can do this yourself, or with the help of a solicitor. We’ve compiled some examples of evidence you could use to prove a personal injury claim in the list below.

  • Medical records: Seeking medical attention following an accident is important for your own wellbeing, but it can also be important for your case. Any notes or records made by a medical professional could be used to support your claim.
  • Pictures of the accident site: If you were involved in a road traffic accident, you can take pictures of the crash site provided that it is safe to do so. 
  •  Accident book logs: If your workplace has more than ten employees, there must be an accident book. Logging your accident in a timely manner creates a record of what happened, and how it occurred.
  • CCTV footage: CCTV footage showing the accident or the circumstances of negligence that caused the accident can be used to support your claim. This could be in the form of a workplace security system, supermarket CCTV, or dashcam footage.

Get free legal advice and learn more about evidence to prove third-party negligence by getting in touch with us today.   

Estimating Compensation For Lung Damage

If your claim is successful, you will receive general damages. This covers the suffering or pain caused by your injury. General damages awards are established on a case-by-case basis and are worked out with the help of the Judicial College Guidelines (JCG).

This document contains a list of injuries and illnesses with corresponding guideline compensation brackets. For some examples of lung injuries and their JCG compensation brackets, see the table below.

Injury TypeCompensation BracketNotes
Chest and Lung Injuries (c)£29,380 to £51,460Damage to chest and one or both lungs, causing some continuing disability.
Chest and Lung Injuries- Traumatic Injury to the Chest (b)£61,710 to £94,470Traumatic injuries causing permanent damage, physical disability, impaired function and life expectancy.
Chest and Lung Injuries- Toxic Fume/Smoke Inhalation (e)£5,000 to £11,820Inhalation leaving some residual damage, though not serious enough to permanently impair lung function.
Lung Disease- Lung Cancer£65,710 to £91,350Typically in an older person, causing pain and impairment of function and quality of life.
Lung Disease- Bronchitis£19,510 to £29,380Wheezing without serious symptoms, with little to no effect on social and working life.
Asbestos-related Mesothelioma £65,710 to £118,150Causing severe pain and impairment of function and quality of life. Consideration is given to extent of suffering, pain, and loss of life.
Asbestos-related Lung Cancer£65,710 to £91,350Asbestos-related lung cancer proving fatal in most cases, causing severe pain and impairment of function and quality of life.
Asthma (a)£40,410 to £61,710Severe asthma causing permanent disability and impairment of quality of life.
Lung Disease- Temporary Aggravation of Bronchitis/Lung Disorder (h)£2,070 to £5,000Temporary aggravation of pre-existing lung disorder, which will resolve or has resolved in very few months.

You could also be eligible to claim for special damages. Special damages cover any financial losses you might incur due to your injury or illness.

For example, if you are an athlete and your lung damage prevents you from competing, you could potentially make a claim for any earnings you may lose. Like the rest of your claim, you must provide proof, so it’s a good idea to keep any receipts, bills, or invoices that you wish to claim back. 

The JCG provides guidelines, not guarantees. For a more detailed valuation of your claim, contact our team of expert advisors today. 

Am I Best To Appoint A No Win No Fee Solicitor?

You do not need legal counsel to start a claim. However, a No Win No Fee solicitor can help you collect evidence, value your claim, and make the process seem less daunting. 

When you enter into a No Win No Fee agreement, you agree to pay no upfront or ongoing fees throughout your case. If your claim is successful, your solicitor will deduct a previously agreed percentage of your compensation award as a success fee.

This percentage is capped by law, to ensure you get the majority of your award. However, if your claim does not succeed you will not have to pay any fees to your solicitor.

To learn how to start your claim, get in touch with us today.

Make A Lung Damage Claim With Us

If you’ve sustained lung damage due to third-party negligence, don’t wait. Our panel of personal injury solicitors and lawyers are waiting to help you begin your personal injury claim. Get in touch today by:

  • Calling the number at the top of the screen
  • Using the “live chat” feature to the bottom right of the screen
  • Writing to us through our online form

Find Out More About Lung Damage Claims

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If you have any more questions about making a claim for lung damage caused by negligence, please get in touch.