In this guide, we discuss when you could be eligible to begin a serious injury claim for organ damage. Certain third parties owe you a duty of care with regard to your health, safety and well being. A breach of this duty could give rise to a serious accident that causes you to sustain damage to your organs, such as your brain, lungs, kidney, bowels and bladder. In some cases, you might have valid grounds to pursue personal injury compensation if you meet the eligibility criteria. We discuss these criteria further in our guide, as well as looking in more detail at the duty of care owed to you by road users, employers, and occupiers.
A Guide To Making A Serious Injury Claim For Organ Damage
Additionally, we provide examples of how you could sustain organ damage in a road traffic accident, a workplace accident, and an accident in a public place. We also include a figurative case study as a way of showing the steps you might need to take when seeking serious injury compensation.
Later in our guide, we discuss the benefits of working with a No Win No Fee solicitor from our panel, the services they can offer, and the terms under which they can offer to represent your claim.
If you have any other questions, please contact an advisor for free. They are available at any time and can offer further guidance on serious injury claims. To reach them, you can:
- Call on 0800 408 7825
- Fill out the ‘Contact Us‘ form on our website
- Starting a conversation through the live chat option below.
Jump To A Section
- Can You Make A Serious Injury Claim For Organ Damage?
- Case Study: £3 Million Payout For Internal Injuries
- Potential Compensation For Internal Organ Injuries
- What Is The Time Limit When Making A Serious Injury Claim For Organ Damage?
- Why Use A No Win No Fee Solicitor When Making Organ Damage Claims?
- Learn More About How To Claim For Internal Injuries
Can You Make A Serious Injury Claim For Organ Damage?
In order to have eligible grounds for a personal injury claim, you need to show that you meet the following criteria:
- A third party owed you a duty of care at the time and place of the accident.
- A breach of this duty occurred.
- This breach caused you to suffer a physical and/or psychological injury.
These three criteria form the definition of negligence in tort law. If you are able to demonstrate that negligence took place, you may have a valid serious injury claim for organ damage.
The following sections discuss the duty of care different third parties owe you in more detail and the legislation that must be adhered to in order to uphold this duty.
Accidents At Work
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines the duty of care employers owe their employees. It states that they must take steps considered reasonable and practicable as a way to prevent employees from becoming injured in the workplace, or while they perform their duties. A breach of this could potentially give rise to a serious accident at work. For example:
- An employer fails to ensure machinery is safe and fit for purpose, including making sure it is securely fitted. As a result, a large piece of machinery falls on an employee and causes them severe crush injuries and damage to internal organs.
Accidents In A Public Place
The party in control of a public place has a duty of care to visitors which is outlined by the Occupiers’ Liability Act 1957. As per this piece of legislation, they need to take steps to ensure the reasonable safety of visitors using the space for it’s intended purpose. Failure to do so could result in an accident in a public place. For example:
- A faulty handrail, that was reported but not fixed in a reasonable time frame, could lead to a customer falling from a height in a supermarket accident. As a result, they could sustain severe brain damage.
Road Traffic Accidents
A duty of care is owed by road users to prevent each other from becoming injured or sustaining damage whilst navigating the roads and operating their vehicles. To uphold this duty, they need to adhere to the Road Traffic Act 1988 and the Highway Code. If another road user breaches their duty of care, it could lead to a serious road traffic accident. For example:
- A motorist speeding above the legal limit could collide head-on with another vehicle causing the driver to sustain multiple organ damage to their heart and lungs in a serious car accident.
To discuss your specific case and find out whether you’re eligible to begin a serious injury claim for organ damage, please speak with an advisor using the number above.
Case Study: £3 Million Payout For Internal Injuries
The following case study is figurative.
Driving home from work one evening, Miss Daniels was involved in a very serious car collision caused by a drunk driver. After being cut from the wreckage, she was taken to hospital with serious damage to several organs.
When she was able, she instructed a personal injury solicitor to represent her and help her make a serious injury claim for organ damage.
Miss Daniels’ solicitor helped her gather evidence, including CCTV footage, medical records, and witness statements, as well as injury pictures to support her claim. Eventually, her claim succeeded and she was awarded a £3 million settlement comprising compensation for the pain and suffering she had experienced due to her injuries, including the impact on her quality of life. The settlement also include compensation for the financial losses she experienced due to her injuries.
Find out whether you could seek compensation for damage to your organs following an accident that wasn’t your fault by calling the number above.
Potential Compensation For Internal Organ Injuries
Following the completion of a successful serious injury claim for organ damage, you could be awarded a settlement that comprises up to two heads of loss; general damages and special damages.
Firstly, general damages is the primary head of loss that will be included in your payout after a successful claim. This compensates for the pain and suffering of your injuries, both physical and psychological. It also accounts for the impact your injuries have had on your quality of life.
As part of the claims process, you may need to attend an independent medical assessment which can be arranged for you. The assessment will produce a report that solicitors can then use to help value your injuries.
They can also use the guideline award brackets listed in the Judicial College Guidelines (JCG) alongside this report. The JCG figures correspond to different types of harm. You can find some of these in the table below. However, you should use them as a guide only.
Compensation Table
| Type of Injury | Notes | Guideline Award Brackets |
|---|---|---|
| Multiple Organ Injuries – Serious | Compensation for damage to several internal organs alongside monetary losses incurred as a result. | Up to £1 million plus. |
| Kidneys (a) | Serious and permanent damage to both kidneys or where both kidneys are lost. | £169,400 to £210,400 |
| Bowels (a) | Cases of double incontinence with other medical complications. | Up to £184,200 |
| Bowels (b) | Total loss of natural function, leaving a reliance on colostomy. | Up to £150,110 |
| Bladder (a) | Cases of double incontinence with other medical complications. | Up to £184,200 |
| Bladder (b) | Complete loss of function as well as control. | Up to £140,660 |
| Chest Injuries (a) | The removal of one lung with or without serious heart damage. This causes pain and suffering which is serious and prolonged as well as permanent significant scarring. | £100,670 to £150,110 |
| Chest Injuries (b) | Traumatic injury to the chest, lungs, and/or heart causing permanently impaired function and a shortened life expectancy. | £65,740 to £100,670 |
| Special Damages – Loss of Earnings | Compensation to reimburse loss of earnings incurred because of time taken off work either permanently or temporarily due to your injuries. | Up to £100,000 plus |
Special Damages After Suffering Organ Damage Symptoms
Special damages are the second head of loss that can be awarded if general damages are included in your settlement. This head compensates for the financial losses incurred due to your injuries. For example:
- Loss of earnings.
- Medical costs.
- Travel costs.
- Care costs.
Evidence in the form of receipts, payslips, and invoices can help prove these losses.
Find out more about how compensation is calculated when you make a successful claim for organ damage by calling the number above.
What Is The Time Limit When Making A Serious Injury Claim For Organ Damage?
The Limitation Act 1980 states that you have three years to begin a personal injury claim. This generally starts from the accident date, however exceptions can apply. For example:
- For those under the age of 18, the time limit has a pause placed on it. Whilst the pause is in place, a suitable adult could apply to the courts to act as a litigation friend. Alternatively, the injured party could make their own claim within three years from the date of their 18th birthday.
- For those who have a reduced mental capacity, the time limit has an indefinite pause placed on it. During the pause, a litigation friend could act on the person’s behalf and start the claim. If the person recovers the required capacity to start the claim themselves, and no proceedings have already been started for them, the three year time limit will start from the recovery date.
For further guidance on how long you have to begin a serious injury claim for organ damage, please contact an advisor on the number above.
Why Use A No Win No Fee Solicitor When Making Organ Damage Claims?
The personal injury solicitors on our panel offer their services to eligible claimants through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Generally, this means work can commence on your claim without you needing to pay an upfront fee to your solicitor. You also won’t need to pay for the continued work completed on your case as it proceeds. Furthermore, following an unsuccessful claim, no fees will be taken for the solicitor’s work.
If your claim succeeds, you will pay your solicitor a success fee. They take this directly from your compensation as a percentage that has a legal cap. The cap ensures you keep the majority of your awarded settlement.
For further guidance on making a serious injury claim for organ damage with a No Win No Fee solicitor from our panel, please reach out to an advisor today. You can reach them via the contact details below.
- Call on 0800 408 7825
- Fill out the ‘Contact Us‘ form on our website
- Starting a conversation through the live chat option below.
Learn More About How To Claim For Internal Injuries
For more of our helpful guides:
- Find out how a serious injury lawyer could help you claim compensation.
- If you have suffered a kidney injury caused by a third party breaching their duty of care, read our guide to find out whether you’re eligible to seek compensation.
- Discover how to claim for a punctured lung injury and the steps you can take to strengthen your case.
For more external resources:
- Read guidance on when to call 999 from the NHS.
- Helpful workplace health and safety statistics from the Health and Safety Executive.
- Useful road accident and safety statistics from GOV.UK.
Thank you for reading this guide on when you could be eligible to make a serious injury claim for organ damage. If you have any other questions, please contact an advisor on the number above.