In this guide, we will discuss how it could be possible for you to claim up to £15,000 in a punctured lung injury claim. If your accident was the result of negligence in the workplace, in public, or happened because of a road traffic accident, we look in detail at how you could access the justice and compensation you deserve. You may be eligible for a similar payout.
Our panel of personal injury solicitors offer a nationwide service and expertly handles thousands of claims for accidents like this every year. Using our example case study, Denise, a 39-year-old cyclist, we explain a typical claims process from start to finish. We look at how to establish third party blame, calculate the fullest potential amount that might be due to you, and where to locate the right personal injury lawyer to handle your punctured lung injury claim.
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.
Select A Section
- A Claims Guide To Calculate Punctured Lung Injury Compensation
- Punctured Lung Definition
- Forms Of Financial Loss From A Punctured Lung
- Common Punctured Lung Accidents
- Who Is Eligible For Care Claims?
- Lung Puncture Compensation Evaluation
- Case Study: £15,000 Lung Puncture Compensation
- Punctured Lung Calculation Estimates
- No Win No Fee For Victims
- Choose The Best Personal Injury Solicitors
- Talk To Us
- Additional Areas
A punctured lung can be a life-threatening condition that would require immediate medical attention. In this guide, we examine exactly what is needed to define a chest injury or punctured lung injury claim and how to establish who breached the legal ‘care of duty’ that caused it. We discuss how to accurately value your potential payout by using a No Win No Fee lawyer and focus on three main areas:
- Workplace accidents
- Accidents that happened in public places
- Road traffic accidents (RTA)
A personal injury claim can be brought if your accident happened because of a breach of duty in any of these scenarios. If you feel your lung accident only happened as a result of negligence on the part of those legally responsible for your safety, speak to our team today to discuss your options.
A pneumothorax is when the lung collapses or is punctured possibly by a rib that fractured and entered the lung. A collapsed lung can also happen as the result of a bacterial infection and is most commonly associated with pneumonia. Symptoms include chest pain, shortness of breath, tightness in the chest cavity and a rapid heartbeat. The NHS website gives an overview here.
There are three main requirements to consider when making a punctured lung injury claim:
- Did anyone have the duty of care for your safety?
- Was that duty breached?
- Did you suffer consequent injuries?
The law covers these three areas to protect your safety in the following ways:
- Employers have a duty of care to you under The Health and Safety at Work etc Act 1974 to create as safe and fit for purpose working environment as possible.
- Those local authorities or private companies that operate public spaces have a duty to do the same under The Occupiers’ Liability Act 1957
- The Highway Code obliges all road users, irrespective of age or experience, to show a duty of care to all other road users and pedestrians. The code even goes so far as to expect you to anticipate that some road users may not show the requisite standard of diligence when driving.
Denise, our case study (which is intended purely as an example) will look at how a road traffic accident caused a punctured lung and how she successfully launched a claim for compensation.
When claiming damages in a personal injury claim, if you chose to work with a solicitor they will look first at general damages. These can be awarded as per the Judicial College which allocates payout guideline amounts for a variety of injuries.
In addition to this award, a skilled No Win No Fee lawyer can access more compensation for you by using ‘special damages’. These amounts take into account a variety of other costs to you as a result of your injury such as:
- missed earnings
- loss of future earnings
- costs to paid carers
- travel expenses to hospital, rehabilitation
- modifications to your home
A punctured lung may impact every area of your life and until you can recover, your out-of-pocket expenses could be considerable. If this has happened to you, please don’t hesitate to speak to our team today on 0800 408 7825.
Unfortunately, this type of injury can happen when different accidents happen such as;
- In a road traffic accident (RTA)
- As a result of an assault or other criminal act
- Slipping and falling on to something sharp
- Breathing in a dangerous chemical
- Heavy impact that damages the chest cavity.
Statistics show the prevalence of occupational lung-related illnesses here and also the more general statistics of accidents in the workplace. You can also refer to this website for clarification on how to correctly report your accident and potentially strengthen your claim for an accident at work.
When you’re the victim of an accident that wasn’t your fault, it may be necessary to seek help to do the basic tasks. Family and friends can assist sometimes, which is referred to as ‘gracious care’ and they can receive financial support at an hourly rate.
If this is not an option available to you, you may need to pay for a professional carer to cook, shop, clean, and assist with personal care while you recover. These costs can be very high. The NHS estimates that paid carer costs can be between £650 – £1,600 per week.
Your No Win No Fee lawyer will urge you to keep very detailed accounts of these costs in the form of invoices and receipts. Evidence of these expenses to you can bolster your punctured lung injury claim and force the defendant to reimburse you. Without proof, it can be very difficult to prove these costs.
In order to prove a personal injury claim, a medical assessment is required. This is your opportunity for a doctor or specialist to confirm that your injuries were a result of your accident and not some long-standing medical condition. You can also discuss your prognosis, and understand how long your recovery will be.
This is crucial to your punctured lung injury claim. Your lawyer will guide you to the right medical professionals closest to you and advise on how to claim for any additional costs that result from necessary treatment. The lawyer will then value your case using the two heads of claim that we mentioned briefly above:
- General damages for pain and suffering.
- Special damages. These cover loss of earnings, loss of potential earnings, the cost of paid carers, travel expenses to hospital, modifications to your home or lifestyle, and rehabilitation or physiotherapy costs.
As discussed, to successfully launch a punctured lung injury claim it’s essential to keep all receipts and invoices as proof of these costs to you.
Denise was a keen cyclist and used her bike to get to work every day. One morning during the winter, the roads were dark and wet so she took extra care and was wearing her high-visibility jacket as usual. At a busy junction, she waited for the lights to change and pulled out. So did the reckless driver in the oncoming lane.
The collision knocked Denise and her bike across the wet tarmac. She was taken to hospital and the police took witness statements on the scene.
Denise suffered several fractured ribs and a collapsed lung. After an emergency procedure to address her injuries, Denise was sent home to start her recovery. Denise needed a carer for four weeks. During her time off work, she had time to think about the accident and felt understandably aggrieved at the recklessness of the driver that caused it.
After discussing her options with a skilled No Win No Fee solicitor, Denise decided to launch a punctured lung injury claim against the driver. She had the witness statements from the scene and had retained all the bills and receipts of her carer costs. The case was settled out of court and decided in her favour with a settlement of £15,000 which included general and special damages.
This case study is intended purely as an example but it illustrates how much a claim for a punctured lung could be awarded.
Denise’s punctured lung injury claim can be broken down as follows:
|General damages||Special damages|
|Punctured Lung - causing some permanent damage to tissue £5,000||Loss of earnings - £3,000|
|Rib Fractures £3,000||Carer cost for four weeks - £2,500|
|Travel costs - £500|
|Medications and physiotherapy - £1,000|
Using a No Win No Fee solicitor to represent your case cannot only reduce financial risk and stress but it can help to maximise your compensation payout and ensure you get the right level of damages for your suffering.
Using a No Win No Fee solicitor for your claim for compensation essentially 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.
Thanks to the internet, it’s no longer essential that a personal injury lawyer is local to you. However, Google searches can throw up a bewildering array of options, but reading online reviews can help. So how do you find the right No Win No Fee solicitor to handle your punctured lung injury claim? Look for the following things:
- How much were other claimants awarded?
- How quickly did it take for the solicitor to settle the case?
- Was the client’s communication clear and consistent?
- Are they a successful company?
- Do they regularly win cases for punctured lungs and chest injuries?
- How much do they estimate my chest injury claim to be worth?
These questions are useful to ask as a way of narrowing your search. Alternatively, you could let our friendly team do the leg-work by giving them a call today on the number above or dropping them a line here for a no-obligation chat.
If you’re ready to make a claim or would like more information on anything discussed in this article, why not get in touch? You can:
- Call and speak 24/7 to our friendly team on 0800 408 7825
- Write to us by clicking here
- Or get in touch by using our ‘live chat’ – bottom right
We hope you have found this guide useful in making a decision to make a punctured lung injury claim. For further reading please click on the links below.
For details about cyclist accidents, please click here
Useful government statistics about workplace accidents here
Further reading about accident hot spots
The Health and Safety at Work etc Act 1974 in detail.
Details about making a claim against the council.
Article by EA