You might be eligible to claim for organ damage if you’ve experienced an injury due to a third party’s negligence. We explore what this means in this guide.
You are owed a duty of care in various situations. We take a look at three; on the roads, in public spaces and in the workplace. Each of these is explored with an example of how an injury could happen. In addition, we examine how a duty of care breach could lead to the injury scenario in question.
To claim compensation, you must be able to prove you were owed a duty of care and that a breach of this duty led to your injuries. We look at what you might have done after your accident and how these steps could help provide the evidence to strengthen your claim.
The thought of claiming compensation could seem daunting, or the upfront costs could mean that funding a lawyer in the usual way is not feasible. Hiring legal representation could make the claiming process feel easier. We look at No Win No Fee solicitors and how one could benefit you when making your claim.
You can talk to our advisors about your organ damage injury caused by negligence claim 24 hours each day, seven days per week.
Choose A Section
- What Is Organ Damage?
- Examples Of Serious Injuries To Organs
- What Are The Consequences Of Damaged Organs?
- Compensation Settlements For Organ Damage
- When Could I Start A No Win No Fee Claim?
- Discover More About Organ Damage Claims
An injury could result in damage to your internal organs. The damage could occur in one organ or multiple. In some cases, it will repair itself or get better with medical intervention. Other incidents of organ damage may lead to life-changing injuries.
In order to claim organ injury compensation, you must be able to prove three things.
- First, you were owed a duty of care.
- Second, the duty of care was breached.
- Finally, the breach was the cause of your injuries.
Our advisors can help you start your organ damage claim. Get in touch today for free legal advice.
Injured Organ Statistics
Non-fatal employee injury statistics are collected by the Health and Safety Executive (HSE). Injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) are included in these data sets.
51,211 total injuries reported in 2020/21. Of these, 788 of them were recorded as concussions and internal injuries. In addition, there were 50 employee crushings leading to internal organ damage.
You could experience injuries that result in organ damage on the roads, while using public spaces and at work. Below we cover the legislation that governs these areas. In addition, we look at who owes you a duty of care in each situation and what this actually means.
On the Roads
Road users must ensure that they reduce hazards, not just for themselves, but for other road users. Road users could start to reduce hazards by ensuring they are safe to be on the roads. This doesn’t just apply to drivers, but to pedestrians, cyclists and motorcyclists, too.
A cyclist could experience a head injury in a cycling accident caused by negligence resulting in brain damage, even while wearing a helmet. For example, a car may have swerved into the cycle path, knocking them off their bike.
In the workplace, your duty of care is owed to you and all employees by your employer under the Health and Safety at Work etc. Act 1974 (HASAWA). What this means is that your employer must take reasonable steps to reduce hazards you might face in the workplace.
Required equipment checks should be carried out, for example. A penetration wound could occur, causing internal organ damage, if a metal pipe in a machine were to suddenly loosen. If could have been avoided if regular equipment checks were carried out, then you may have a valid claim.
As a visitor to a public place, you are owed a duty of care under the Occupiers’ Liability Act 1957. What this means is that the occupier of the space owes the duty of care to the public. The occupier must take reasonable steps to reduce hazards faced by visitors to that space.
Crushing accidents could lead to internal organ damage, for example. This could occur if an object that was part of an installation in a museum were to come loose and roll over a visitor. The owner of the installation could carry out regular maintenance and checks. They could also ensure that any heavy objects are on a level surface with adequate bolting in place by carrying out a risk assessment before it is installed.
You might be able to claim organ damage compensation if you were owed a duty of care and it was breached. Contact our advisors to discuss your potential claim.
In order to claim compensation for organ damage, you must be able to prove third party negligence caused your injuries. The steps you take following an accident could help support your organ injury claim.
- Seek medical attention.
- Request CCTV footage if it’s available.
- Note witness contact details so that a statement can be taken later.
- Seek legal advice. The work of a lawyer could help the process run more smoothly than it otherwise would.
Life-changing consequences could occur due to an organ injury. In other cases, you may experience high levels of short to medium term pain before healing entirely. Alternatively, an injury that causes brain damage, might cause a permanent change in your personality and quality of life.
Contact our advisors for free legal advice. If you have a valid claim, you could be connected with a lawyer from our panel.
If you decide to claim for an organ injury, your claim has two potential heads; general damages and special damages. We examine both with examples below.
To support your claim, you might be invited to an independent medical assessment. This is to help understand the full extent of your injuries. In addition, an independent medical examination could provide an idea of what impact your injuries will have on your life and future.
General Damages for Organ Damage
Under this head of your claim, you claim for the pain and loss of amenity caused by your physical injury along with any psychological impact. You could experience post-traumatic stress disorder (PTSD) in addition to your physical injury, for example. This means you could potentially add settlement figures for PTSD to your claim.
When faced with assigning value to injuries, legal professionals use the Judicial College Guidelines (JCG) to help them do this. Injuries are listed next to their guideline compensation brackets within this document. We’ve included examples from the 16th edition, released in April of 2022, in the table below.
|Kidney damage (a)||£169,400 to £210,400||Permanent damage that is serious or loss of both kidneys.|
|Moderate brain damage (i)||£150,110 to £219,070||Significant epilepsy risk along with moderate to severe intellectual deficit, personality change and impact on senses.|
|Chest injuries (b)||£65,740 to £100,670||Permanent damage to heart and/or lungs from a traumatic injury.|
|Digestive system traumatic injury (i)||£43,010 to £61,910||Continuing pain and discomfort from severe damage.|
|Moderately severe PTSD||£23,150 to £59,860||Significant disability but some recovery with professional assistance.|
|Spleen (a)||£20,800 to £26,290||Internal infection risk due to loss of spleen.|
|Bowel injuries (e)||£12,590 to £24,480||Puncture wounds resulting in permanent damage. However, normal function and control will return eventually.|
|Chest injuries (d)||£12,590 to £17,960||Some permanent damage from a simple traumatic injury.|
|Hernia (b)||£7,010 to £9,110||Some recurrence risk after repair of direct inguinal hernia.|
|Digestive system traumatic injury (iii)||£6,610 to £12,590||Stabbing wounds, lacerations or serious seat-belt pressure.|
Special Damages for Organ Damage
Recovering costs related to your injury could be done under the special damages head of your claim. Under this head, you will need to supply proof of your financial losses. This could take the form of receipts, invoices or payslips, for example.
You could receive compensation to cover:
- Transport costs.
- Medical expenses that you have had to pay for.
- Loss of earnings, this includes future earnings, if you are unable to work.
Further advice on what you could claim under special damages is available from our advisors. They can also estimate how much you could receive under general damages.
If you decide to seek compensation for an organ injury, the claims process might feel easier with a solicitor. Legal representation may be out of reach for some claimants due to the high upfront costs.
Under a No Win No Fee arrangement, however, anyone who experienced an injury due to negligence can have a solicitor regardless of their financial situation, provided they have a valid claim. That’s because No Win No Fee solicitors use a Conditional Fee Agreement (CFA). This means that you do not pay an upfront solicitors fee. A success fee will be taken from your award in the event that you receive compensation and is legally capped. You don’t pay this fee if you lose your claim.
Begin Your Organ Damage Claim Today
Free legal advice is available from our advisors 24 hours a day, seven days a week. They can help you with what evidence you could use to support your claim. In addition, they can advise you on what you could recover under special damages as well as estimate your general damages.
Our panel of personal injury solicitors could look at your organ damage claim if it seems valid. Get in touch today:
The following links might prove helpful:
And more guides:
- Time Limits in Personal Injury Claims
- Everything You Should Know About Making a Workplace Accident Claim
- Personal Injury Claims Against the Local Council
Publisher Fern Stringer
Writer Danielle Blythe