Are you looking for information about making a serious injury claim for organ damage? If you suffered an internal injury in an accident at work, in a public place accident or in a road traffic accident as a result of a third party breaching the duty of care they owed you, it might be possible to seek compensation. As we move through this guide, we discuss the eligibility requirements you need to meet in order to do so, the evidence you could gather to support your case, and how compensation is calculated for successful claims.
Additionally, we explore the duty of care third parties, such as employers, occupiers, and road users, owe you with regard to your safety and well being. You can also find examples of how you could suffer organ damage in an accident.
Furthermore, we provide a figurative case study discussing the steps that may need to be taken in order to seek compensation for the way you have been affected by your injuries.
To conclude, we explore how a No Win No Fee solicitor could take up an eligible claim and the terms under which they could offer their helpful services.
Read on for further guidance on claiming for a serious injury. Alternatively, contact an advisor for free advice. They are available 24/7 and can answer your questions. To get in touch, you can:
- Call on 0113 460 1216
- Ask about making a claim online
- Speak to an advisor via the live chat feature below.
Choose A Section
- When Can You Make A Serious Injury Claim For Organ Damage?
- How To Make A Serious Injury Claim For Organ Damage
- Case Study: £2 Million Payout For An Organ Injury Compensation Claim
- How Much Compensation Could You Receive For An Internal Organ Injury?
- Claim For Internal Organ Injuries Using A No Win No Fee Solicitor
- Read More About Making A Serious Injury Claim For Organ Damage
In order to have valid grounds for a personal injury claim, it is essential to demonstrate that you meet certain eligibility criteria. These are:
- You were owed a duty of care.
- A breach of this duty occurred.
- You can show that because of this, you suffered physical injury, psychological harm or both.
These three points form the definition of negligence in tort law. So if you are able to prove that negligence occurred, you could be eligible to launch a serious injury claim for organ damage.
As well as these points, legal proceedings must be started within three years from the date of the accident. This is the general personal injury claims time limit set out in the Limitation Act 1980 but exceptions can apply. You can speak to our team if you would like further guidance on the eligibility criteria or time limits.
In the following sections, we explore the duty of care owed to you by employers, occupiers and road users. We also offer some examples of how accidents and injuries could happen if this duty is not upheld.
Accidents In A Public Place
Those who are in charge of public spaces are referred to as occupiers. They owe a duty of care under legislation called the Occupiers’ Liability Act 1957. It states that steps must be taken to ensure the reasonable safety of anyone who visits the space.
Serious organ damage, such as brain damage from a head injury, could be sustained if a visitor were to fall down a faulty escalator in a shopping centre, if this escalator was not fixed in a reasonable time frame.
Accidents At Work
A duty of care is owed to employees as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). Employers are required to take practicable and reasonable steps to make sure employees are safe in the workplace and as they work.
If an employer failed to do so, it could result in an employee sustaining serious organ damage in an accident. For example, your employer may have failed to ensure machinery was fitted securely resulting in a large piece of equipment falling and trapping an employee. This may have caused the employee to sustain serious crush injuries leading to damage to the lungs and heart.
Road Traffic Accidents
Road users owe a duty of care to each other whilst using the roads. This duty obliges them to behave in a way that prevents causing harm or damage to themselves or others. To properly adhere to this duty of care, they need to follow the Road Traffic Act 1988 and abide by the Highway Code.
A breach of this duty by another road user could lead to multiple organ damage in a serious road traffic accident. For example, a driver could be under the influence of alcohol which causes them to hit another road user in a head-on collision. The resulting crush or penetrating injuries could cause damage to the bowels and bladder.
Each accident scenario will differ. So to discuss your particular circumstance and get a better idea about your eligibility to claim for organ damage, call the advisors on the number above.
A personal injury claim for organ damage needs to have supporting evidence. Therefore, it’s important to collect together as much of the following as you can:
- Medical evidence, such as X-rays, scans and reports from specialists.
- CCTV or dashcam footage which captured the accident.
- Witness contact details so that supporting statements can be collected at a later date.
- A diary that details your symptoms and treatments needed.
- Photos of your injury and the place where it happened.
At Personal Injury Claims Care, our team can help determine if your claim is eligible and if it has a good chance of success, they can direct you to a solicitor from our panel. A solicitor can then help gather supporting evidence and guide you through the whole process of seeking compensation. To find out more, please contact an advisor on the number above.
This case study is a figurative example and only aims to illustrate the claims process.
Whilst driving home from work one evening, Mr Green was involved in a head-on collision. Another driver who had been driving the wrong way down a one-way road due to being under the influence of drugs, crashed into Mr Green. Because of this, Mr Green was crushed against his own steering wheel and sustained serious organ damage to his heart, lung and kidneys. He also sustained a serious brain injury.
Due to the severity of his injuries, Mr Green could not continue working in the same job. Furthermore, he needed care at home which meant he both lost income and incurred expenses because of his injuries. The quality of his life was severely impacted.
His family consulted with a personal injury solicitor who helped them make a claim for organ damage on behalf of Mr Green. Working together, they put together a compelling and strong body of evidence that showed the other driver was at fault and a settlement of £2 million was awarded.
If you think you have valid grounds to pursue a claim for organ damage, get in touch to see how our team could help.
A successful serious injury claim for organ damage can mean a settlement, comprising up to two heads of loss called general damages and special damages, is awarded. General damages compensate you for suffering and pain caused by the organ damage.
To value general damages, legal professionals can consult medical documents and a publication called the Judicial College Guidelines. This resource lists guideline compensation brackets that correspond with different types of injuries.
We have provided an excerpt of the JCG below to illustrate. However, you should use these as a guide only. Settlements will differ depending on the individual circumstances of your case.
|Type of Injury||Severity||Other Notes||Guideline Award Brackets|
|Multiple Organ Injuries||Serious||This reflects compensation for damage to several internal organs as well as the financial losses caused by the injury.||Up to £1 million+|
|Brain Damage||Very severe (a)||The person will show little signs of having a meaningful response to their environment, little or no language function, double incontinence, and will require full-time nursing care.||£282,010 to £403,990|
|Kidney||Serious and permanent damage (a)||Where each kidney is permanently and seriously damaged or both kidneys are lost.||£169,400 to £210,400|
|Bowel||Double incontinence (a)||A total loss of natural bowel function. Also, loss of urinary function and control with other complications.||Up to £184,200|
|Chest||Removal of one lung and/or serious heart damage (a)||Causing serious and prolonged pain and suffering with permanent significant scarring.||£100,670 to £150,110|
|Traumatic chest, lung(s), and/or heart injury (b)||Causing permanent damage, function impairment, and reduced life expectancy.||£65,740 to £100,670|
|Bladder||Loss of function and control (b)||Where the loss is complete.||Up to £140,660|
|Special Damages||Loss Of Earnings||This reflects the compensation to reimburse lost income after time was needed off work due to the injuries.||Up to £100,000+|
Claiming Special Damages
Special damages are the second head of loss which aims to reimburse you for financial losses caused by the injuries. You will need to prove these losses with receipts, invoices or wage slips. If you have the correct supporting documentation, you could be awarded compensation to reimburse:
- Any past and future loss of earnings.
- Medical expenses.
- Travel expenses.
- Care costs.
For a free valuation of what your organ damage claim might be worth, connect with the team on the number above.
Our panel of personal injury solicitors have extensive experience handling compensation claims for serious injuries, such as organ damage. If your case is eligible, one of our advisors could connect you with a solicitor from our panel to assist you in seeking compensation.
They can offer their services through a type of No Win No Fee contract which is called a Conditional Fee Agreement (CFA). This agreement enables you to access their services without the need to pay any upfront or ongoing costs. In addition to this, there are no fees requested for completed work on a claim that fails.
At the conclusion of a successful claim, you will need to pay a small percentage of your compensation to your solicitor as their success fee. A cap applies to this percentage to ensure you always benefit the most from the payout.
Why not see if you are eligible to make a claim for organ damage with our panel of solicitors on a No Win No Fee basis? For more information, you can:
As well as this guide on how to claim for organ damage, the following articles offer more help:
- Read our helpful guide on how value for organ damage is assigned and calculated.
- Learn about making a claim for a collapsed lung injury.
- Find out whether you could make a serious paralysis injury claim after an accident.
Additionally, these external resources offer help:
- Here is some guidance on when to call 999 from the NHS.
- Information about statutory sick pay from GOV.UK
- Lastly, information on road safety laws from Think!
Thank you for reading our guide on how to make a claim for organ damage. If you have any other questions or concerns, please contact an advisor on the number above.