Kidney Injury Compensation Claims In The UK
This is our guide on the topic of claiming kidney injury compensation. If your injury was sustained due to the negligence of someone else, then this could mean you’re eligible to receive compensation.
The procedures involved in making a claim can seem complex at first. However, we are here to explain it as thoroughly as possible without using legal jargon. We will use simple terminology that will be easier to digest.
Kidney Injury Compensation Claims In The UK
Some of the topics we’ll be covering include:
- Symptoms of kidney disease
- Can your kidneys recover from an injury?
- A look at the question “how is compensation calculated?“
Our advisors are standing by and ready to assist you with any issues regarding your potential claim. They will ask you a series of questions to better understand your circumstances. The more information that you can provide, the more accurate the guidance they will be able to offer.
Kidney injury compensation claims guide
If we think that you could be owed compensation, then we can connect you with one of our expert panel of personal injury solicitors. They will work with you on a No Win No Fee basis.
There is no upfront fee, and all initial advice from our advisors is free of charge. So, read on for more information. You’ll find the ways that you can get in touch with us below.
Get In Touch With Our Team
You can speak to us over the phone 24/7. However, there are a few other ways that we can be reached. You can:
- Call us on 020 3870 4868
- Start the process of making your claim online
- You can use the pop-up window in the corner
Don’t hesitate to reach out to us. Many personal injury claims will have a time limit placed on them, so it’s a good idea to start the process as soon as possible.
Services And Information
- Everything You Need To Know About Kidney Injury Compensation Claims
- What Are Kidney Injury Compensation Claims?
- How Could You Suffer A Kidney Injury?
- Symptoms Of Kidney Injuries
- Diagnosing Kidney Injuries
- Calculate Kidney Injury Compensation Payouts In The UK
- AKI – Acute Kidney Injury
- CKD – Chronic Kidney Disease
- Renal Failure And Serious Kidney Injuries
- How Long Do I Have To Claim Kidney Injury Compensation
- I Suffered A Kidney Injury, What Should I Do?
- Claim Kidney Injury Compensation On A No Win No Fee Basis
- Learn More About Kidney Injury Claims
- Kidney Injury Compensation FAQs
Everything You Need To Know About Kidney Injury Compensation Claims
Kidney injuries can take place in a number of different settings. They can be the result of physical trauma, or they could develop over longer periods of time. However, just because you have a kidney injury doesn’t necessarily mean that you have a valid claim for compensation.
There are three main factors that must be considered when determining the legitimacy of your claim.
- Did the defendant (personal you believe to be responsible for your injury) have a duty of care towards you? – A duty of care is a responsibility to reasonably protect someone from foreseeable harm. For example, your employer has a duty of care towards you, meaning they need to take all reasonably practicable steps to keep you safe while at work.
- Was there a breach of this duty of care? – There are certain things that someone must do if they owe you a duty of care, and failure to do so is classed as a breach. For example, all road users have a duty of care to one another to adhere to the standards of skill and care of the average motorist.
- Were you injured as a result? – If you have not sustained any injuries, then you won’t be owed any kidney injury compensation.
What Are Kidney Injury Compensation Claims?
A common question we’re often asked about this topic is “who could I claim against?“. The answer is quite simple. If someone owed you a duty of care and breached this duty, resulting in a kidney injury, then you may be able to claim from them.
A kidney injury can have a severe impact on your quality of life. It can make you feel very unwell and might prevent you from doing things that you’re usually able to do.
Many people who have experienced a kidney injury make a full recovery. In some cases, however, kidney injury can cause someone to develop chronic kidney disease. This is a condition where your kidneys don’t work as they should and could mean that you need to undergo dialysis. In extreme cases, you may require a kidney transplant.
How Could You Suffer A Kidney Injury?
A kidney injury can occur due to impact or blunt trauma. A good example of this could be in a road traffic accident (RTA). If you are in a car accident, then the collision could be extreme enough that your kidney or kidneys are crushed by the impact. This is also possible if you are a cyclist or pedestrian who has been hit by a car.
Furthermore, you might be involved in an accident at work or in a public place. In both of these spaces, you’re owed a duty of care. If you were injured because of their negligence- for instance, if you fell downstairs because the handrail was broken and the impact injured your kidney- then you may be entitled to claim.
It’s also possible that medical negligence could be responsible for the development or worsening of your condition. This is where a medical professional administers care that is not of the right standard, and you’re injured or made ill as a result.
For example, you could go to the doctor complaining of symptoms that would indicate chronic kidney disease, but this is missed. This could cause your condition to worsen more than it would have if you’d gotten the right level of care.
However, it’s important to note that not every case of misdiagnosis or complication in treating a condition will be considered negligence. For example, it may be that you are not exhibiting the usual symptoms of kidney injury, and so a doctor providing the right level of care could not be expected to make the diagnosis.
Symptoms Of Kidney Injuries
Here, we’ll list some of the symptoms of acute kidney injury (AKI). This is when the kidneys suddenly stop working. This may be a partial loss of function, or they can stop functioning altogether. If you have any of the following symptoms, it’s always best to have them investigated. If your kidneys are not operating at full capacity, it can affect your entire body.
AKI symptoms include:
- Nausea
- Dehydration or urinating less
- Sleep issues and drowsiness
- Headaches
- Diarrhoea
Certain medications and pre-existing conditions can increase your risk of AKI. The same is true if you’re aged 65 or older. Even if your AKI doesn’t develop into kidney failure, it still needs to be taken seriously and treated as soon as possible.
Diagnosing Kidney Injuries
There are a few diagnostic procedures that can be used by medical professionals when determining whether or not you have an acute kidney injury.
Initially, they will check to see if you exhibit any symptoms of an AKI. They may be especially cautious if you fall ill and are in a group deemed “at-risk”.
“At-risk” groups include:
- People over the age of 65
- Those with long-term diseases like heart failure or diabetes
- People who take certain medications like NSAIDS or blood pressure drugs
- Those with severe infections like sepsis
Blood tests may also be used to diagnose a kidney injury. If there is a lot of creatinine in your blood, then this means that your kidneys are not operating at optimum efficiency. Creatinine is a chemical waste product produced by the muscles.
You may also be required to provide a urine sample. Furthermore, you might need an ultrasound to check for blockages in the kidney.
Calculate Kidney Injury Compensation Payouts In The UK
It can be difficult to know how much your claim can be worth during its early stages. This is because every claim is different, and the value of your claim will be determined by individual circumstances.
What we will do in this section is give you a better idea of how these sums can be calculated. We’ll look at general and special damages and the evidence you will need to support each of them.
General Damages
This figure is awarded to you for the physical pain and mental suffering caused by your injuries. It can be calculated with the help of a legal publication called the Judicial College Guidelines (JCG). This is a detailed list made up of various injuries and what they could be worth in compensation.
As a general rule, more severe injuries tend to be awarded greater amounts. Things like how seriously your quality of life has been impacted and the length of recovery are just two factors that can affect this figure.
We’ve included some of these figures from the JCG in the table below.
| Injury | Description | Amount |
|---|---|---|
| Kidney | (a) where the damage to one or both kidneys is serious and permanent | £158,970 to £197,480 |
| Kidney | (b) significant risk of developing a urinary tract infection in the future, or other complete loss of natural kidney function | Up to £60,050 |
| Kidney | (c) where one kidney will be lost, but the other is undamaged | £28,880 to £42,110 |
| Mental anguish | (e) where the injured party thought they were going to die, or their life expectancy was going to be reduced | £4,380 |
Special Damages
There are certain costs that can arise as a direct result of your injuries. It’s possible for these to be included in your final settlement amount, too.
For example, you may take time off work because of your injuries and lose out on wages. This loss of earnings could be included in your final compensation amount.
You would need to provide evidence of the losses you have incurred in order to claim them back. For example, you might include receipts that show what you have spent on things like medication.
For more examples of what kidney injury compensation special damages could include, please get in touch today.
AKI – Acute Kidney Injury
An Acute Kidney Injury is when your kidneys stop working suddenly. You could experience full kidney failure, but an AKI can also mean that your kidneys’ function has been reduced. In other words, they may still work, but perhaps not as well as they could or should do.
If your kidneys stop function completely, then you could need to use a dialysis machine. In extreme cases, an AKI could be fatal.
What could cause an AKI?
There are a number of things that could cause an AKI. Circulatory issues are just one of the possible causes. If the amount of blood that reaches the kidneys is insufficient, then they cannot function properly. Because of this, people with conditions such as heart failure could be at a greater risk of developing an AKI.
Dehydration can also be a cause. This may be due to excessive diarrhoea and/or vomiting. A problem with the kidney itself could also be the reason for your AKI. For example, you could suffer from glomerulonephritis. This is when the tiny filters in your kidneys are damaged.
Things that affect the drainage of your kidneys could also cause an AKI. An enlarged prostate and kidney stones are two possible causes in this category.
Certain medications can also be a possible cause of developing an AKI.
Who could you make a claim against?
Kidney injury compensation claims can be made when your injury or illness has been caused by the negligence of someone else. For example, this could be your employer or a medical professional.
If you have any questions regarding who could be responsible for your injury, then get in touch with us today.
CKD – Chronic Kidney Disease
Unlike acute kidney injuries, chronic kidney disease tends to develop over time. They don’t happen suddenly. There are often no symptoms during the early stages. The injury is only detected following a blood or urine test for other reasons.
However, during later stages, symptoms may arise. Some of these symptoms may include:
- Fatigue/tiredness
- Blood in your urine
- Swollen ankles, hands, or feet
- Nausea
- Shortness of breath
What are the stages of this disease?
There are 6 stages of CKD. They are determined mainly by your estimated glomerular filtration rate (eGFR). This rate basically indicates how well your kidneys are able to filter waste. Your eGFR reading should ideally be above 90 ml/minute.
The 6 stages of Chronic Kidney Disease are listed below.
- Stage 1 (G1) – your eGFR reading will be normal, but there may be other signs of kidney damage.
- Stage 2 (G2) – the eGFR reading will be 89ml/minute or lower. There will be other signs too.
- Stage 3a (G3a) – a reading of 45-59ml/minute. The problems with your kidneys will be getting worse. You will require a swift assessment.
- Stage 3b (G3b) – eGFR reading of 30-44ml/minute. Your kidney function is considered impaired at either of the third stages. You may even suffer more serious kidney diseases at this stage.
- Stage 4 (G4) – the reading will be 15-29ml/minute. Your kidney function will be significantly impaired.
- Stage 5 (G5) – an eGFR rating of below 15ml/minute. Kidneys at this stage will have lost almost the entirety of their function.
Who could be liable for your disease?
There are certain conditions that can be inherited, such as polycystic kidney disease. However, as mentioned earlier, certain medications can cause CKD if they are used on a long-term basis.
If you have been prescribed these medications and you can prove that they were negligently prescribed to you or that you did not have informed consent when choosing to take them, then you may be able to claim.
If you’re not sure if you have a valid kidney injury compensation claim, we are here to answer your questions for you. Get in touch today.
Renal Failure And Serious Kidney Injuries
Chronic kidney disease has the potential to develop into complete renal failure if left unaddressed. This means that your kidneys could stop working altogether. Below is a range of conditions that could lead to this outcome.
- Glomerulonephritis – this inflammation of the kidney’s filters can be caused by a number of auto-immune disorders.
- Interstitial nephritis – when the kidney’s small tubes are inflamed or swollen due to things like certain medications.
- Polycystic kidney disease – this is when cysts develop in the kidneys, affecting their function.
- When the urinary tract is blocked on a long-term basis – for example, due to an enlarged prostate.
- Vesicoureteral reflux – this condition is more common in children, but it is when urine flows the wrong way and can back up into the kidneys.
- Pyelonephritis – this is a bacterial infection and can be treated with antibiotics.
This is not an exhaustive list. Please see a medical professional if you suspect you have a kidney injury of any kind.
You should also be aware that the development of any of these conditions does not necessarily mean that you’re entitled to kidney injury compensation. You would also need to prove that the decline in your renal health was caused by someone else breaching their duty of care towards you.
How Long Do I Have To Claim Kidney Injury Compensation
Personal injury claims have a general time limit of 3 years placed on them. This time limit is stated in the Limitation Act 1980. What this means is that you must have issued court proceedings to the person you believe to be responsible for your injuries within 3 years of the accident that caused them.
However, in some cases, you can use the date you became aware (or should have known) that your injuries were the result of negligence as the start date for this time limit. This is known as the date of knowledge. You must be able to prove your date of knowledge. Medical records are a good way of doing this.
Child Accident Claims
Anyone under the age of 18 cannot make a claim themselves. Because of this, the time limit is suspended until their 18th birthday. Following this date, they will have until their 21st birthday to launch their own claim.
A claim can be made for them prior to this date. However, it would have to be made by a third party known as a litigation friend. This is an adult who has the child’s best interests at heart. For example, a litigation friend could be a parent or guardian. Alternatively, they could even be a family friend or a legal professional such as a personal injury solicitor.
Claiming On Behalf Of Those With A Reduced Mental Capacity
Those with a reduced mental capacity also cannot make a claim for themselves. The time limit remains suspended indefinitely for as long as they don’t have the mental capacity to claim. Litigation friends can also claim on behalf of someone who doesn’t have the capacity to do so themselves.
If they regain their mental capacity, then the time limit starts again. They have three years to claim from the date of their recovery.
I Suffered A Kidney Injury, What Should I Do?
If you want to make a kidney injury compensation claim, there are a number of steps that you should undertake to give your claim the best possible chance of success. We have included these below.
- Seek medical attention – even minor injuries can develop into ones far more serious. Looking after your health should always be your initial priority.
- Gather evidence – you will need to prove that you were injured as a result of the negligence you experienced. Some examples of good evidence are medical reports and witness details. The more quality proof you have, the better your chances become of being awarded compensation.
- Seek legal advice – call our advisors, we will be able to take you through these steps and any additional ones you’ll need to take.
While it’s not a requirement for you to have a solicitor in order to claim, it is something that we recommend. This is because the support and guidance of an experienced personal injury lawyer could help you get more money from your claim.
Claim Kidney Injury Compensation On A No Win No Fee Basis
Our panel of lawyers can offer representation on a No Win No Fee basis. What this means is that you won’t be charged for their services if they do not win you your compensation. Because of this, you won’t be asked to pay any upfront fees or anything at all while the claim is being processed. You also won’t be asked to pay if they lose your claim.
If they are successful in helping you win your case, their payment is covered by a small percentage take from your settlement. There is no upfront fee, so you won’t be left out of pocket.
If this way of making a claim appeals to you, then get in touch with our advisors. We can help you take the next step towards making your No Win No Fee claim for kidney injury compensation. You can do so by:
- Calling us on 020 3870 4868
- Using our online form
- Using the live chat feature to the bottom-right of this screen
Learn More About Kidney Injury Claims
We’ve included some helpful links for further reading on this subject.
- More NHS information on Chronic Kidney Disease.
- Information on Acute Kidney disease, also from NHS sources.
- Find out more about the role of litigation friends.
- Our general guide to personal injury compensation.
- A guide to proving employer liability
- How to claim for a broken ankle
Kidney Injury Compensation FAQs
Here are the answers to some of the questions we’re commonly asked.
How common are acute kidney injuries?
AKI statistics from Think Kidneys tell us that there are up to 100,000 deaths in UK hospitals each year that are caused by this kind of injury. They also state that up to 30% of this figure could have been saved if there had been sufficient medical care and treatment.
Could I claim for kidney cancer?
There are certain scenarios where you could make a claim for kidney cancer. For example, you may have experienced a misdiagnosis that caused your condition to worsen. If this misdiagnosis happened because of medical negligence, then you may be able to claim.
Who could I claim against?
There are a number of people who could be responsible for your injuries. Some examples include:
- Your employer.
- A medical professional
- The driver of the vehicle that hit you in a road traffic accident
Can your kidneys recover from an injury?
The answer to this question depends a lot on the severity of your injuries. Minor conditions will usually attract less of an award than serious injuries, which have a big impact on your quality of life.
Thank you for reading our guide on kidney injury compensation.
Writer IB
Checked by NC
