What Could Your Claim For Organ Damage Be Worth?
This guide will look at when you could make a serious injury claim for organ damage and how much compensation could be awarded if you succeed.
Organs have pivotal functions, and an internal injury could seriously affect the body as a whole. When calculating the settlement you should receive for damage to the organs, factors such as how severely you have been affected, the recovery time, and treatment you have needed will be considered. You can find more about personal injury payouts, what they could include, and how they are calculated in more detail throughout our guide.
After reviewing payouts for internal organ injuries, we will explain how to show that a personal injury claim has valid grounds. We will also cover the legal time limit for a claim and discuss evidence you can gather to help your case.
Finally, the guide notes the benefits of seeking support from a No Win No Fee solicitor to assist you with your serious injury claim.
If you would like to discuss your potential claim, or you have any questions about the information in our guide, our advisors are available to help. You can speak to an advisor for free at a time that suits you, and there is no obligation to continue with our services.
Please get in touch by:
Select A Section
- What Could Your Claim For Organ Damage Be Worth?
- Do I Have An Internal Organ Injury Claim?
- How Long After Having A Serious Injury Could You Claim Compensation?
- Internal Organ Damage Claim – What Evidence Could You Gather?
- Begin Your No Win No Fee Claim For Organ Damage
A successful claim for organ damage can attract a settlement formed of up to two heads of claim, which are:
- Special damages, compensating for financial loss resulting from injuries.
- General damages, accounting for the physical harm and mental suffering caused by injury.
Under special damages, you can claim reimbursement for expenses such as loss of earnings or prescription costs by presenting evidence, including wage slips and receipts. However, special damages can only be awarded if general damages is awarded.
Legal professionals can use medical evidence and the Judicial College Guidelines (JCG) to assign a value to the general damages portion of claims. The JCG is a helpful document that lists different types of injuries which correlate to a compensation bracket.
We have used the JCG to collate the table of injuries below. However, this table is only a guide, as each case is unique and likely to produce a different settlement.
|Multiple Injuries To Organs||Up to £1,000,000+||Serious injuries to multiple organs with financial expenses resulting from the injuries.|
|Kidney (a)||£169,400 to £210,400||Both kidneys are seriously and permanently damaged, if not lost entirely.|
|Bowels (a)||Up to £184,200||The injured person suffers both a total loss of natural function in the bowels and bladder with a loss of urinary control, coupled with further medical complications.|
|Bowels (b)||Up to £150,110||A total loss of natural function. Depending on age, dependence on colostomy may feature.|
|Bladder (a)||Up to£184,200||Cases in which the affected person experiences double incontinence.|
|Bladder (b)||Up to £140,660||The injured person has a complete loss of bladder control and function.|
|Chest Injuries (a)||£100,670 to £150,110||A particularly severe case could involve lung removal or serious heart damage resulting in ongoing pain, suffering and scarring of a significant nature.|
|Chest Injuries (b)||£65,740 to £100,670||This includes traumatic injury to the chest, lungs and heart resulting in permanent damage and function impairment.|
|Loss Of Earnings||Up to £100,000 and above||A loss of earnings could reimbursed following any time taken off work to recover from injuries, either on a permanent or temporary basis.|
If you would like to receive a personalised estimate of how much your claim for organ damage could be worth, call an advisor on the number above.
In order to begin a serious injury claim for organ damage, you must ensure that you fulfil the below eligibility criteria:
- A third party owed a duty of care;
- They breached their duty; and
- Caused an accident which led to physical and/or mental harm.
In the below sub-sections, we have discussed the third parties who owe a duty of care, and the ways an accident could occur if they don’t uphold it.
Internal Organ Injuries From A Car Crash
Road users need to follow the rules in the Road Traffic Act 1988 and the Highway Code. Doing so will help road users meet their duty of care to protect themselves and others from harm by navigating roads in a safe manner.
A failure to do so could result in you suffering harm in a road traffic accident. For example:
- A driver fails to check their mirrors before overtaking causing a car crash on the motorway. The driver of the struck vehicle experiences serious internal injuries, including a punctured lung and perforated bowel.
Internal Organ Injuries From A Work-Related Accident
Employers’ duty of care is set out in Section 2 of the Health and Safety at Work etc. Act 1974. It states that they need to take all reasonable and practicable steps as a way to keep employees safe from harm in the workplace. A failure to do so could result in an accident at work. For example:
- An employer does not provide training on operating a forklift truck. As a result, the operator crashes and suffers a serious kidney injury because of blunt trauma to their abdomen.
Public Place Accident Resulting In Internal Organ Injuries
The Occupiers’ Liability Act 1957 states that the occupier of a public space must take care to keep visitors reasonably safe on the premises. They could do this by, for example:
- Keeping footpaths or passageways free of obstructions or hazards.
- Responding in good time to fix reported issues.
- Ensuring uneven or slippery surfaces are cleared or clearly signposted.
An occupier breaching their duty of care could be a precursor to an accident causing serious organ damage. For example, a store owner does not fix, rope off or signpost a broken stair rail. After suffering a bad trip and fall because the rail broke off while they were using it, a customer suffers major organ trauma.
You can call our team to chat about your specific case and find out whether you’re eligible to make a serious injury claim for organ damage.
As well as meeting the eligibility criteria to claim for organ damage, you also need to start legal proceedings within the relevant limitation period.
Normally, a personal injury claim must begin within three years of the accident date. This time limit is set out by The Limitation Act 1980. However, exceptions apply in particular circumstances.
For example, a claimant’s time limit is paused indefinitely should they lack the mental capacity to claim. If they do recover, they would have three years to claim from their recovery date. Otherwise, a trusted litigation friend can be appointed to claim on their behalf during the pause.
The pause period for a person under 18 lasts until their 18th birthday. Their birthday acts as the starting point for the standard three-year limit if a litigation friend has not opened proceedings for them beforehand.
Our advisors can share more information about the time limit and any exceptions that could apply to your specific case, so please do not hesitate to call if you need any further guidance.
If you are looking to claim for organ damage, you must give as much evidence as possible. Evidence can show a third party didn’t uphold their duty of care, and that you were injured as a result. It can also show the extent of your organ injuries.
The following are all forms of evidence that could be useful:
- Photographs of the accident scene.
- CCTV or dash cam footage highlighting the accident’s cause.
- Medical records like scans or a GP record.
- A diary recapping your symptoms and treatment.
- Witness contact information.
- Official records like a workplace accident book entry, or a police report after a road traffic accident.
Our panel of solicitors could offer help in collecting evidence, provided your case is valid. You can learn more about whether they could represent your serious organ injury claim by calling our team.
If you have a valid claim for organ damage, you could appoint a solicitor from our panel to handle your case. The services they could provide could be made available to you under No Win No Fee terms.
As such, they could offer you a Conditional Fee Agreement, which means you do not have to pay for their services:
- During the process of your case;
- If your claim fails.
The solicitor would take a success fee from the compensation awarded to you following a successful claim. This is a percentage of the compensation and is subject to a legal cap as per The Conditional Fee Agreements Order 2013. As such, you can ensure you keep the majority of your payout.
Talk To Our Team
Our advisors are on hand and ready to provide round-the-clock assistance. You can ask for a free consultation or assessment without any obligation to proceed with a solicitor from our panel. Should your claim for organ damage has valid grounds, you would have the option to work with them if you choose.
To learn more, please:
Guidance On Serious Injury Claims
See below for more of our guides:
- How to make a serious brain injury claim.
- A detailed look at claiming after a serious accident at work.
- Information on claims for a broken back.
Here are some extra resources:
Thank you for reading our guide on when you can claim for organ damage and the compensation you could receive. Please get in touch if there is anything else we can help with.
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