£12,000 Compensation Payout For A Hernia Injury – Case Study & Guide To Calculating Hernia Injury Compensation

Hernia injury compensation

Hernia injury compensation

Personal injury solicitors handle thousands of claims for injuries at work, during road traffic accidents (RTA), and in public places. In this online guide, we explain how you can launch a claim that relates specifically to a hernia injury if it was caused through negligence, a breach of health and safety legislation. 

Using our example case study, Mr Alan a 40-year-old warehouse operative, we explain a typical claims process from start to finish. We look at how to establish third party negligence, calculate the fullest potential amount that might be due to you, and how to find the right personal injury lawyer to support your case for compensation for a hernia injury. 

If at any point  you have a question about anything mentioned in this article, or if you’d like to proceed with a claim, please don’t hesitate to give us a call on 0800 408 7825 or drop us a line  here.  

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A Guide To Calculate Compensation For Hernia Injury 

Calculating compensation for a hernia injury can be a much more straightforward process when you consult a skilled personal injury lawyer. Hernia injuries may be a painful condition, often with long-lasting effects, so it’s important to consult the right people at the beginning of your claim and establish the relevant facts that will help you maximise your payout.

In this guide we detail the duty of care especially in these main areas below;

A personal injury claim is a case that you can bring in any of these scenarios if you feel that your injury was a result of third party negligence. There is clear legislation that outlines ”the duty of care” and where and when it should be applied failure to adhere could mean a breach of legislation. 

Once you’ve established that there was a breach of duty on someone’s part to provide adequate safety, it’s possible to seek compensation for a hernia injury by using a No Win No Fee solicitor. The right personal injury solicitor will have the experience and skill to do this.

Our example case study, which is intended only as a guide, describes Mr Alan, a 40-year-old warehouse worker who suffered a hernia because of a breach in the duty of care owed to him by his employer. Using this example, we explain the process from beginning to end and how his case might apply to you and your circumstances. We then look at what points to consider when searching for the right personal injury solicitor and where to contact them.

What Are Hernias?

A hernia is when the wall of tissue and muscle tears or separates allowing organs or other body parts to protrude. Hernias can go unnoticed or they can be found as a swelling. For further information on hernia injuries, diagnosis and treatment, please refer to this NHS site for more information.

A hernia may occur when excessive stress is placed on this area, most typically from attempting to lift things that are too heavy. Some types of hernia are considered medical emergencies and if surgery is required it will involve several weeks of recuperation.

Whatever the scenario, it can be important to ask yourself the ‘but for’ question when deciding if your injury was the result of someone else’s negligence. But for the wet floor, the careless driver, the heavy object you were asked to move, would you have suffered this injury?  If the answer is no, you might have a claim.

Three duties of care applied in everyday life are: 

  • Employers who have a duty of care under the Health and Safety At Work etc Act 1974 to provide as safe and fit for purpose environment as possible. If your injuries were a result of negligence on the part of your employer, you may have grounds to sue.
  • The Occupiers’ Liability Act 1984 provides similar coverage for your health and safety in public places that are operated by private companies and local authorities.
  • Anyone who uses the roads has a responsibility as outlined in The Highway Code to show due care and diligence to other road users, this includes cyclists and pedestrians. It’s also expected that you will anticipate that others may not show this level of care, skill or caution against accidents. If your accident was the result of careless or reckless behaviour on the part of another road user, you could seek compensation for hernia injury.

Two other organisations could help in your claim for compensation for hernia injury that a No Win No Fee lawyer could help you with. For example, the Motor Insurance Bureau can pay compensation to you if the motorist that caused your injury was uninsured.

If the injuries were the result of a crime against you, the CICA (Criminal Injuries Compensation Authority) can pay you damages also. Speak to our team today to discuss your options.

Can A Hernia Cause Financial Loss? 

Hernias are not usually symptomatic but if complications occur they can become very painful. This will immediately affect your ability to work or function at anything like the normal standard. If pain is sudden and sharp, you are being sick, cannot use the toilet correctly these are all symptoms which will result in you needing to go to the hospital. If hernia corrective surgery is needed it may mean you are unable to work for a while, look after your general health, possible need home help all which could cost you money out your own pocket. 

Solicitors are not a legal requirement but having one represent your case could mean that you are compensated correctly for all of the out of pocket expenses you incur and also the injury itself.

Special damages is an umbrella term that includes the costs of any financial impact to you. For example, you could claim: 

  • missed earnings
  • travel expenses
  • out of pocket costs to carers
  • Specialist operations and procedures
  • medications or modifications to your daily routine due to your stomach injury 

These are all potential avenues for compensation for a hernia injury. Why not speak to an experienced No Win No Fee lawyer to discuss your case today. Get in touch with our advisors to find out more about how personal injury lawyers could help you. 

Common Hernia Injuries 

So typically a hernia could be caused in some of the following scenarios:

  • Tripping or slipping and landing badly
  • Attempting to lift something too heavy
  • Catching a heavy object or colliding with something heavy
  • Being the victim of an assault
  • As injuries sustained in a road traffic accident (RTA)
  • Coming into contact with anything that could prompt violent vomiting or sickness 

Talk to our team today to explore your options. Compensation for hernia injury could be a phone call away.

Hernia Care Claims On Top Of Payout 

As a result of your injury, whether it’s an inguinal or strangulated hernia and surgery is required to correct it, you may not be able to rely on the ‘gracious care’ as offered by family and friends. It might be necessary to pay for the services of a professional carer to help with all the domestic tasks you are too unwell to do for yourself. The costs can be very high, according to the NHS, as much as £650 – £1,600 a week.

You may need someone to accompany you to hospital visits and ensure that you get home safely. To cook, clean, wash, carry shopping and assist in personal care. If it does prove necessary to pay for personal care, a No Win No Fee lawyer will urge you to keep all invoices and receipts as they will form an invaluable part of your claim. Without them, it can be very difficult to prove how much it costs you and claim it back from the defendant. 

Calculate Compensation Claims For Hernia Injuries 

An independent medical assessment forms a crucial part of your claim for compensation for a hernia injury. The success of your case against a third party may hinge on a medical professional being able to confirm that your injury was a result of the accident, not the result of a long-standing or previous medical condition. 

An abdominal examination can also provide you with details about any long term effects which could boost the value of your claim. When calculating potential settlement amounts for a hernia in the workplace, in public, or on the roads, your No Win No Fee lawyer will look at two types of damages: 

  • General damages – this aspect of compensation is intended to cover the pain, suffering and impact on your life the injuries had. As outlined by the Judicial College in their guidelines, a hernia that causes pain and restriction may be awarded between £13,970 to £22,680.
  • Special damages – are intended to return you to the financial position you had before the accident, as well as taking into account any future losses you might incur. Specific things that can be claimed include loss of earnings, travel expenses, medications, and the paid care of others. As mentioned, receipts, invoices, and proof of these costs to you are vital for establishing this part of your claim, so it’s very important to keep as detailed a record of these as you can. 

Case Study: £12,000 Compensation For Hernia Injuries 

Mr Alan had recently been employed as a warehouse operative. On the day of his accident his company had fallen behind in an important shipment and everyone was being asked to work over-time to keep up with demand. The problem was the company had been so busy they had not trained Mr Alan in manual handling training.

A box came along the conveyor belt to be moved and almost as second nature, Mr Alan stretched to grab it and haul it into its correct trolley for delivery. The box contained items that were much heavier than the ones usually packaged this way and Mr Alan immediately felt something was up as he suffered pain in his groin.

Mr Alan thought nothing of it and continued to work as normal until one day he was suffering from severe pain in his groin area when he noticed a swelling. The area was quite tender and firm. As the day wore on the pain was unbearable and Mr Alan went to his nearest A and E. He was diagnosed with a strangulated hernia.

It wasn’t until some time later that Mr Alan realised that the hernia had been developed that day when he felt the pain. He spoke with a solicitor who pointed out that due to him having no official training to be able to lift items he had a valid case for compensation.

He was awarded £12,000 in compensation for hernia injury which included special and general damages.

Whilst this is merely an example of the kind of cases personal injury lawyers routinely handle, it shows how with the help of a solicitor liability can be proven. Speak to us today to see how you could benefit from our knowledge and expertise.  

No Cost Estimates For Victims

When he used special damages to boost his claim, the breakdown of Mr Alan’s compensation payout for a hernia injury looked like this: 

General damagesSpecial damages
Hernia Injury £8,500Loss of earnings
£3000
Paid carer costs for 1 week - £400
Travel costs to hospital - £100

You may see many adverts for personal injury No Win No Fee claims these days that have compensation calculators and offer instant payout amounts, but in reality, this is not a reliable way to calculate payouts. 

Only after taking everything into account can a precise amount be estimated for your case, when all your different personal aspects are taken into consideration. 

Speak to our friendly and knowledgeable team on the number above. Once they know the details of your case, they can calculate a much more accurate estimate of what you could look to receive as a payout. 

No Win No Fee Agreements

A No Win No Fee solicitor for your case means that if your case does not win, you won’t have to pay a penny to your solicitors. But with a successful outcome, the solicitor will seek a nominal ‘success fee’ which is capped by law and payable only after the compensation has been won. Leaving the bulk of the money for you to rebuild your life and health with. Other advantages are: 

  • No fees to pay up-front
  • Nothing to pay while the claim is on-going
  • Expert legal advice
  • The peace of mind from knowing a knowledgeable personal injury solicitor is working in your best interests. 

To find out more about No Win No Fee agreements, get in touch with our team. 

Find High-Quality Personal Injury Solicitors Covering Your Area 

The exact location of a personal injury lawyer is no longer crucially important thanks to the internet.  Internet searches can, however, produce a bewildering volume of No Win No Fee firms offering ‘instant compensation’ calculators. So how do you find the right personal injury lawyer? It’s important to consider the following in your search for the right one: 

  • How much were previous clients awarded?
  • How quickly did it take for the solicitors to settle the case?
  • Was the client’s communication clear and consistent?
  • Are they a successful company?
  • Do they regularly win the higher compensation for hernia injury? 

To assist in your search and decision to launch a claim, simply click here, for a no-obligation chat today.

Talk To Us

If you’re ready to make a claim, or if you’d like more information on anything discussed here, why not get in touch today? You can: 

  • Call and speak 24/7 to our ‘live support’ team on 0800 408 7825 
  • Write to us by clicking here 
  • Or get in touch with us via our live chat app, bottom right. 

Useful Links

Thank you for reading our guide to making a compensation claim for a hernia injury. We hope that you’ve found it useful and it has helped in your decision to seek damages for your injury. For further reading, please see below: 

Discover more about the Health and Safety at Work etc Act 1974 by clicking here. 

Click here to check out the NHS’s guide on hernia injuries 

Click here to read The Highway Code 

For more information from the NHS on carer costs, please click here 

To discover more about accident hot spots, click here 

To browse the Occupiers’ Liability Act 1957, please click here 

Article by EA

Publisher LA.