How To Claim For Serious Organ Damage
Are you looking for information on how to make a personal injury claim for serious organ damage? If so, this guide could help as it will provide guidance on the serious injury claims process, including the eligibility criteria that need to be met to seek compensation.
How To Claim For Serious Organ Damage
We discuss the duty of care certain third parties owe, including employers, road users, and occupiers. Also, we’ve included examples of the kinds of organ damage you could experience, and how it could occur as a result of a third party failing to uphold their duty of care.
Furthermore, we have provided guidance on ways of supporting your claim with evidence. We’ve also explored the topic of how legal professionals calculate how much a successful organ damage claim can be worth in compensation.
Later in our guide, you can find information about the advantages of claiming with one of our No Win No Fee solicitors too.
Read on for more information about making a claim for a serious injury. Alternatively, you can get in touch if you have any questions. An advisor can help by providing free advice. To get in touch, you can:
- Use the live chat window
- Call us on 0800 073 8804
- Talk to us about your claim online
Select A Section
- Do I Have A Claim For Serious Organ Damage?
- Types Of Internal Organ Injury Claim
- What Evidence Do I Need To Claim For Serious Organ Damage?
- What Could Your Organ Damage Injury Claim Be Worth?
- Make A No Win No Fee Claim For Serious Organ Damage
Do I Have A Claim For Serious Organ Damage?
Your personal injury claim for serious organ damage needs to meet three main criteria in order to be considered valid:
- Duty of care – You need to have been owed a duty of care at the time of your organ damage. The party who owes you this duty of care depends on where and how you were injured. However, in short, whoever owes you a duty of care has a responsibility to prevent you from sustaining an injury.
- Breach of duty – If the party who owes you a duty of care does not uphold it, this could constitute them breaching their duty of care.
- Injuries caused – You need to show that as a result of the breach, you experienced physical harm, such as an internal organ injury, or psychological harm, or both.
The above points lay the foundation of negligence in personal injury claims. If you have evidence that negligence occurred, you may have valid grounds to pursue compensation.
Limitation Periods For Your Claim
You have 3 years to begin a personal injury claim for serious organ damage. As per the legislation that states this – the Limitation Act 1980 – the time limit usually begins from the date you were injured. However, we have included the exceptions to this time limit just below:
- Was the claimant under 18? – Anyone younger than 18 is not legally able to make their own claim, so their 3-year time limit is suspended until their 18th birthday. If their claim has not already been started for them by an appointed litigation friend by this date, then the injured party can begin their own claim.
- Does the claimant lack the mental capacity to claim? – If so, the time limit is also suspended and a litigation friend can be appointed to start the claim on their behalf. If the person recovers their mental capacity, the limitation period would begin from the recovery date.
You can get in touch with us today to find out if you have enough time to begin your serious organ damage claim.
Types Of Internal Organ Injury Claim
Internal injuries can take various forms. Lung damage, spleen damage, brain damage, or even a kidney injury are all possibilities. The scenarios in which you could sustain these injuries can vary as well. We’ve included a few examples below.
Public Accidents
In a public space, the person or body responsible for the safety of those visiting the area for its intended purpose is known as the occupier. As per the Occupiers’ Liability Act 1957, they owe visitors a duty of care. This means they must take steps to ensure the reasonable safety of those using the space.
A failure to do so could result in an accident in which a member of the public sustains organ damage. For example, shelving is put up incorrectly in a supermarket making it loose and unstable. As a result, it cannot support the stock it holds resulting in heavy items falling on a customer. This leads to them sustaining a severe head injury causing moderate brain damage.
Accidents At Work
Your employer owes you a duty of care, as per the Health and Safety at Work etc. Act 1974. They must take all reasonably practicable steps to ensure their employers are not injured at work.
If your employer fails to uphold their duty of care, it could result in an accident at work occurring in which an employee sustains damage to their organs. For example, an employer fails to provide adequate training to their employee before instructing them to operate a forklift truck. As a result, the driver loses control of the vehicle and crashes causing them to sustain an internal injury, such as a ruptured spleen.
Road Traffic Accidents
The duty of care on the road rests with all road users. They must navigate the roads in a way that prevents harm, as well as damage, to both themselves and others. By following the rules in The Highway Code and the Road Traffic Act 1988 they can uphold this duty of care.
A driver not stopping at a junction they’re required to could be an example of them breaching their duty of care. This could result in a road traffic accident, such as a collision with the car on the road they’re driving into. A car crash can cause injuries, such as damage to the kidney and lungs, due to blunt force trauma or potentially a penetrating wound to the stomach.
To discuss your specific case and find out whether you could be eligible to make a personal injury claim for serious organ damage, call an advisor on the number above.
What Evidence Do I Need To Claim For Serious Organ Damage?
When you make a claim for serious organ damage, gathering evidence can improve your chances of success. We’ve included some examples of evidence you could acquire to help support your claim. The list is not exhaustive.
- Witness contact details – Witnesses to the accident may be contacted at a later date to submit a statement.
- Visual evidence – In a road traffic accident, this could include dashcam footage. CCTV footage could be more relevant for workplace accidents or an accident in a public space, such as a shop. You can also take photographs of hazards that caused your injury and any visible injuries you may have.
- Your medical records – You can request these at any time. They can show the severity of your injuries and any treatment you have needed.
Get in touch if you need help gathering evidence to support your organ damage claim. An advisor may be able to connect you with one of our solicitors to assist you in building your case, provided you have valid grounds to pursue compensation.
What Could Your Organ Damage Injury Claim Be Worth?
Organ damage can be life-changing, or it could be temporary and less severe. If you make a successful claim for serious organ damage, you could be awarded compensation to address the way in which your injury has affected you. However, the amount of compensation awarded differs depending on the specific circumstances of each case.
Generally, though, settlements can comprise of up to two heads of claim. General damages compensates for your pain and suffering caused by your injuries. When calculating this head of claim, there are certain resources legal professionals can use to help them including medical evidence and publication called the Judicial College Guidelines (JCG).
The JCG, which contains guideline award brackets for different injuries, received its last update in 2022. We’ve included some figures from this edition in the table below.
Although the amounts in the JCG are based on past court cases that were successful, you should use them only as a guide. Your injuries and circumstances need to be accounted for before an accurate figure for general damages can be calculated.
JCG Figures
| Injury | Description | Amount |
|---|---|---|
| Multiple serious injuries | When you have sustained more than one injury of a serious nature. Included in a claim such as this could also be various financial losses caused by your injuries. | Up to £1,000,000+ |
| Brain | (a) Very severe – The amount received depends on factors such as life expectancy and sensory impairment. | £282,010 to £403,990 |
| Brain | (b) Moderately severe – Substantial dependence on other due to serious disability of a physical and/or cognitive nature. | £219,070 to £282,010 |
| Brain | (c) (i) Less dependence than in more severe cases. However, there will still be a moderate to severe deficit in terms of intellect, and a personality change, amongst other issues. | £150,110 to £219,070 |
| Brain | C (ii) Moderate-modest deficit in intellect. If not removed, then the ability to work will be greatly reduced. | £90,720 to £150,110 |
| Kidney | (a) When both kidneys are permanently damaged or lost. | £169,400 to £210,400 |
| Chest | (a) In the worst cases, a lung will be removed. There may also be heart damage of a serious nature and significant pain/scarring. | £100,670 to £150,110 |
| Chest | (b) Chest, lung(s), and/or heart will have sustained lasting damage due to a traumatic injury. Impact on lifespan and function are also considered. | £65,740 to £100,670 |
| Bladder | (b) Function and control are completely lost. | Up to £140,660 |
| Loss of earnings | A figure to account for lost wages caused by an abence from work as a result of your injury. | Up to £100,000 and above. |
What Are Special Damages?
It’s possible you could be eligible to receive another head of claim too. It’s called special damages. The aim of this head is to compensate for the financial losses and expenses caused by your injuries. Although there are other examples, here are some costs that you could be reimbursed for:
- Medical expenses.
- Prescription costs.
- Travel costs.
- Loss of earnings.
Payslips and receipts can be helpful pieces of evidence to support these losses. Keep hold of them so you can present them during the process of making your claim.
For a free estimate of how much you could be owed following a successful serious injury claim, please contact an advisor on the number above.
Make A No Win No Fee Claim For Serious Organ Damage
When you work with one of our solicitors, you are not required to pay an upfront fee to access their services. The reason for this is that they work under a Conditional Fee Agreement (CFA). This is a form of No Win No Fee agreement.
Your solicitor takes a legally capped percentage from your compensation if the claim completes successfully. This is known as a success fee. If the case fails, you don’t owe them a success fee.
Talk To Our Expert Team
Get in touch if you have any questions about making a personal injury claim for serious organ damage. Our advisors are available 24/7 to offer free advice. They could even connect you with one of our expert No Win No Fee solicitors to begin your claim, provided it’s valid and has a chance of success.
- Use the live chat window
- Call us on 0800 073 8804
- Talk to us about your claim online
Discover More Resources To Help You Claim For Serious Organ Damage
We’ve included some links below to resources you may find helpful.
More from us:
- Case study for a serious road accident – Read this illustrative claim example.
- Compensation for psychological injuries – Another guide from us.
- Anxiety After A Car Accident – Find out more about claiming for this type of incident.
Information from other sources:
- Workplace accident statistics – Health and Safety Executive
- Spleen problems and removal – NHS Inform
- Severe head injury – NHS Inform
Thank you for reading our helpful guide on when you could be eligible to make a personal injury claim for serious organ damage. If you have any other questions, please call an advisor on the number above.
Written by Bibby
Edited by Mitchell