Hernia Settlement Amounts In The UK | No Win No Fee
By Danielle Jordan. Last Updated 22nd November 2023. If you have experienced an accident that resulted in a hernia injury, you may be able to claim compensation. In this guide, we discuss making a personal injury claim and offer examples of potential hernia settlement amounts (UK).
We also cover No Win No Fee agreements and how we can help you get the compensation you deserve today.
If you’d prefer to speak to a member of our team, you can do so now without any obligation to proceed with a claim.
We offer free legal advice and can answer any questions or queries you may have about making a hernia injury claim.
Additionally, you can send us your query using the chat window on our website.
Please read on to learn the fundamental aspects of making hernia injury claims.
Browse Our Guide
- Could I Claim Compensation For A Hernia Injury?
- How To Prove A Personal Injury Claim
- Hernia Settlement Amounts In The UK
- Make A No Win No Fee Hernia Injury Claim
- Learn More About Claiming Hernia Compensation
There are a lot of different situations that could result in suffering a hernia injury. In some of these situations, you might be owed a duty of care. This is a legal obligation placed on an individual or organisation to maintain certain standards. You won’t be able to make a hernia compensation claim unless you can demonstrate that a breach in a duty of care owed to you caused your injury.
Situations in which you are owed a duty of care include:
- In the workplace. Under the Health and Safety at Work etc. Act 1974 (HASAWA), every employer should ensure, as far as reasonably practicable, the health, safety and welfare at work of their employees. This is their duty of care.
- In public spaces. Under the Occupiers’ Liability Act 1957, the individual or organisation in control of the premises must ensure the visitor will be reasonably safe while using that space for its permitted purpose. This is the duty of care you are owed while out in public.
- On the roads. While using the roads, all road users must navigate in a way that prevents harm to both themselves and other road users. To uphold this duty, road users should adhere to the Highway Code and the Road Traffic Act 1988.
In order to make a personal injury claim for your hernia, you must meet all of the eligibility requirements. This means that you must be able to demonstrate that:
- A third party owed you a duty of care.
- There was a breach in this duty.
- As a result of this breach, you suffered a hernia injury.
If you have any questions about the eligibility for hernia compensation payouts in the UK, contact one of the advisors from our team.
Hernia Settlement Amounts In The UK – How Long Do I Have To Claim?
The time limit for starting a personal injury claim is usually three years, starting on the date of your injuries, as outlined by the Limitation Act 1980. This applies to all injuries, whether you suffered a hernia injury at work, a hernia after a car accident, or a hernia as a result of a public place injury.
However, there are some exceptions to this time limit. For example, the time limit is frozen for those under the age of eighteen. During this time, a litigation friend can make the claim on their behalf. If a claim has not been made during this pause, the time limit comes into force on their eighteenth birthday, and runs until they turn twenty-one.
Likewise, the time limit is suspended indefinitely for those who lack the mental capacity to make a claim for themselves. Again, a litigation friend could make a claim on their behalf. If one has not been made and they regain this mental capacity, the three-year time limit runs from the date of recovery.
To find out if you are within the time limit to claim for a hernia, contact our advisors today. Or, read on to learn about hernia settlement amounts in UK claims.
If you’ve suffered a hernia injury from an accident caused by third-party negligence, you could potentially receive compensation. Evidence is crucial to making a successful claim, as the onus is on you, the claimant, to prove that negligence was a contributory factor.
However, it can be difficult to know what to do if you are involved in an accident causing a hernia injury. Evidence that could be used to support hernia injury claims includes:
- CCTV footage or photographs of the injury or accident scene
- Medical scans
- List of treatments
- Medical reports
- Witness statements
Furthermore, you should make the third party aware of the incident and injury as soon as possible. For example, your employer should know that the accident has occurred, so they have a record of the incident.
You should also have a medical professional review your injuries to determine the extent of them. This can be used as evidence in your case and will also confirm the best course of action to recover from the injury.
If you’ve suffered a hernia injury due to negligence, you may wish to know about hernia settlement amounts in the UK. This section addresses how a compensation settlement can be calculated by legal professionals.
First, we have general damages. This figure is to compensate you for the way any physical or mental injuries have impacted your quality of life. This is awarded in line with the pain and suffering experienced due to the injuries you are claiming for. For this reason, the amount can vary depending on the severity and other factors. For example, if you are making a very serious hernia claim, the amount may be worth more than if your injury is only relatively minor.
In England and Wales, the Judicial College Guidelines (JCG) is a publication that’s used during the process of valuing this part of your compensation. The latest review of this publication took place in 2022. You can see some example figures from this edition of the JCG in the table below. However, please not that the first entry on the table is not from the JCG.
|Type of Injury||Notes||Amount|
|Multiple serious injuries and expenses||Settlements could include compensation for multiple injuries as well as related expenses such as lost wages and therapy.||Up to £250,000|
|Reproductive System – Female||Infertility caused by disease or injury will an impact on sexual function and mental health||£114,990 to £170,280|
|General Psychological Damage||Extensive issues with regards to the injured person's ability to work and other impacts||£54,830 to £115,730|
|Chronic Pain||Severe cases with a poor prognosis||£52,500 to £84,010|
|Chronic Pain||Upper ends of this bracket reserved for more severe cases, but there is reason to believe there may be some improvement in future||£28,030 to £52,500|
|Hernia||Pain is constant and activities such as sport and work are limited||£14,900 to £24,170|
|Hernia||A risk exists that it may reoccur||£7,010 to £9,110|
|Hernia||An uncomplicated hernia with no associated damage to other parts of the abdomen||£3,390 to £7,230|
|Scarring||Very noticeable and unsightly scars somewhere on the body, including internal scarification.||£7,830 to £22,730|
What Else Could Hernia Settlement Amounts Include?
In addition to general damages, some hernia settlement amounts may include special damages. This head of a claim compensates you for the financial losses caused by your hernia injury. To claim special damages, you will need to provide evidence of your losses, such as with payslips and bank statements.
Some examples of financial losses you could be compensated for in a personal injury claim include:
- Medical costs, such as paying for prescriptions.
- Travel expenses, such as taxis fares to attend medical appointments.
- Loss of earnings, including past and future losses.
To find out if you could be eligible to make a personal injury claim, you can contact our advisors. They can offer you free advice and help answer your questions.
If you are eligible to make a hernia compensation claim, you may wish to do so with legal representation. If so, one of our personal injury solicitors could help with your case. Our solicitors generally offer to work on their client’s cases under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
If your solicitor offers their services under a CFA, they won’t ask for ongoing or upfront payments for their work on your personal injury claim. Furthermore, you won’t pay anything for their services following an unsuccessful case.
However, if your case is successful, your solicitor will deduct a success fee from your compensation. The amount that can be taken is a small percentage subject to a legal cap.
If you would like to further discuss hernia compensation payouts in the UK, contact our advisors. They’re here to help you 24 hours a day, 7 days a week. Additionally, if you satisfy the eligibility requirements, you could be connected to one of our solicitors.
To speak with an advisor:
Below, you can find more useful resources about claiming hernia compensation.
- NHS on Hernia Injuries – The NHS website lists the different kinds of hernias that you may face, and the impact of any such injuries.
- HSE Hernia Case Study – The Government’s official Health and Safety website offers a case study of a workplace injury hernia, and the steps that were taken to compensate the individual that suffered the injury.
- Accidents At Work Claims – Find out Compensation Amounts – Have you had a hernia injury due to an accident at work? find out if you can claim compensation by contacting our team today for free advice.
- Manual Handling Accident At Work Claims – Have you had a hernia injury due to a manual handling accident at work? This guide explains your legal rights and the types of hernia settlement amounts (UK) you could receive.
Our guide offers more information on claiming for a mobility scooter accident and details how a No Win No Fee lawyer could help.