Making A Claim After Suffering A Collapsed Lung

This guide can help you determine if you are eligible to make a collapsed lung claim. For a successful claim, you need to prove that your chest injury happened as the result of an accident caused by someone else’s negligence. This kind of accident could occur in a public place, in your place of work or when using the roads. 

Collapsed lung claim

Collapsed lung claim guide

According to the NHS,  the symptoms of a collapsed lung include sharp, sudden chest pains aggravated by breathing and coughing. You can also experience shortness of breath. 

This guide provides examples of accidents that could lead to a collapsed lung and what evidence you can collect to prove negligence when making a claim. Moreover, it will give information on how settlements are valued to help you determine how much compensation you could receive for a collapsed lung claim.

If you have suffered from a collapsed lung caused by negligence, contact our helpful panel of advisors for free legal advice about making a claim: 

  • Call us at 0113 460 1215
  • Visit this page to claim online
  • Speak to one of our advisors by using the live chat feature on this page.

Choose A Section

  1. Can I Make A Collapsed Lung Claim?
  2. What Accidents Lead To A Collapsed Lung?
  3. Evidence For A Collapsed Lung Claim
  4. Calculating Compensation For A Lung Injury
  5. Benefits Of Working With A No Win No Fee Solicitor
  6. Extra Information About Making A Collapsed Lung Claim

Can I Make A Collapsed Lung Claim?

There are different types of personal injury claims. To decide which applies to you, you need to ask yourself: where did the accident happen and who owed me a duty of care?

Below, we’ve provided examples of when you could be owed a duty of care. They include: 

  • At work
  • On the road
  • In public places

Next, you need to consider whether your injury is a result of negligence. If you were wholly responsible for an accident that led you to be injured, or if you weren’t responsible but neither was anyone else, then you would not be able to claim. 

Furthermore, you cannot claim just because a breach of duty occurred. It must have led to an accident taking place in order for you to have a valid claim.

Why not contact our team of advisors to enquire about making a collapsed lung claim? They are available 24/7 so that you can call when it’s most convenient for you.  

Injury Stats For 2022

We’ve included some useful workplace statistics informed by the Health and Safety Executive (HSE) website:

What Accidents Lead To A Collapsed Lung?

Various accidents could result in a collapsed lung. To make a collapsed lung claim, you must have been injured as a result of negligence by someone who owed you a duty of care.

The Highway Code and the Road Traffic Act 1988 outline the duty of care that road users owe one another. It states that they need to act in a way that prevents other road users from coming to harm. This also includes if you’re a cyclist, for example, or riding on public transport. 

A road traffic accident claim could be justified if you were hit from behind because the following driver did not leave a safe stopping distance, as the impact on your chest from the collision could cause a collapsed lung. 

Secondly, in the workplace, your employer owes you a duty of care to take reasonably practicable steps to keep you as safe. This duty is outlined in the Health and Safety at Work etc. Act 1974. Employer negligence could lead to you sustaining a chest injury in an accident at work because your employer failed to provide you with proper training to carry out work tasks. This could result in you receiving compensation for a collapsed lung. 

You could have an accident in a public place, which results in a lung injury. You’re owed a duty of care by the occupier of a public space according to the Occupiers’ Liability Act 1957. The occupier is a party with control over the space. For instance, you could sustain a punctured lung in a gym accident because you used a piece of faulty equipment that had not been signposted, despite those in control knowing about it. If this is the case, you may be able to claim. 

Don’t hesitate to contact our panel of advisors for more information. 

Evidence For A Collapsed Lung Claim

If you’re wondering how to prove a personal injury claim, then this section could help. It is beneficial to start collecting evidence as close to the time of the accident as possible, as some forms of evidence might be more difficult to obtain the more time passes since your accident.

Your priority is to seek medical attention when you have symptoms of a collapsed lung. After this, you should get the medical records of the injury and any treatment for a collapsed lung that you receive. If the accident happened at work, you should fill out an accident report book, provided one is available, which can provide useful evidence in a claim case. 

You could collect other forms of evidence to support your claim. This could be photographic evidence (such as photos of your injuries and the accident scene), CCTV footage or witness contact details. These could prove the details of the accident to show what happened.     

Furthermore, seeking a legal professional to help progress a collapsed lung claim is advised. A solicitor can help you in each step of the process and can ensure that all aspects of your claim are addressed, which can increase the compensation you receive. 

Calculating Compensation For A Lung Injury

Legal professionals use the latest version of a publication called the Judicial College Guidelines (JCG), which was produced in April 2022, to help them value claims. This text provides guideline compensation brackets for different injuries.  The table below uses these figures with a focus on torso injuries relating to a collapsed lung: 

InjuryDetailsAmount of Compensation
Chest injuries Where one lung is completely removed and/or serious heart damage occurs £100,670 to £150,110
Chest injuries Injury to chest means that function is impaired and the injured person is physically disabled. £65,740 to £100,670
Chest injuries Some continuous disability rising from the chest and lung damage £31,310 to £54,830
Chest injuries A relatively simple injury causes permanent damage but without long-term impact on lung function. £12,590 to £17,960
Chest injuries A collapsed lung that fully recovers. £2,190 to £5,320
Chest injuries Where the rib is fractured, resulting in serious pain and disability that just lasts for a period of weeks. £2,190 to £5,320

The amounts that are outlined in the table above relate to general damages. This is the head of your claim that relates to the pain and suffering that your injuries have caused you. This can be physical as well as mental injuries.

If you pursue a collapsed lung claim, you can also receive compensation for special damages. Special damages relate to the costs and financial losses that you’ve incurred because of your injuries.

For instance, if you have to take time off work to recover, you can claim back the money you would have earnt as special damages. You must keep evidence of any special damages you claim; for example, when claiming for lost earnings you could provide a payslip to show what you usually earn. 

For more information on when you could make a collapsed lung claim, speak with a member of our team today.

Benefits Of Working With A No Win No Fee Solicitor

Working with a No Win No Fee solicitor enables you to pursue your collapsed lung claim with legal representation but without the financial risk that this can entail. This is because you could work with a lawyer who expects you to pay for their services upfront without any guarantee of compensation at the end of the process. 

A Conditional Fee Agreement is a popular form of No Win No Fee agreement. It means you won’t be asked to pay upfront or ongoing fees to your lawyer. Furthermore, if you’re not awarded compensation you don’t have to pay for your personal injury solicitors‘ services.

However, if your claim is successful and you receive compensation, a small percentage of this goes to your solicitor for their services. This is called a ‘success fee’. 

If you want to learn more about working with a No Win No Fee solicitor, give our panel of advisors a call.

Start A Collapsed Lung Claim Today

Our panel of advisors want to help you receive the compensation you deserve; contact us: 

  • Call us at 0113 460 1215
  • Visit this page to claim online
  • Speak to one of our advisors by using the live chat feature on this page. 

Extra Information About Making A Collapsed Lung Claim

Links you may find helpful:

External links for further reading: 

We hope this article will help you in making a collapsed lung claim.

Writer Jess Angler

Publisher Fern Stringer