This guide looks at the process for making a claim for organ damage after an accident. We will provide an overview of who owes a duty of care at work, in public places and on the road, and how breaching this duty can lead to serious internal injuries.
Also included in this guide is an explanation of how accidents can occur, the injuries that can be sustained and the compensation that could be awarded in a successful claim.
A personal injury solicitor from our panel may work on your claim under a specific type of No Win No Fee agreement, provided that your case is valid. We provide an explanation of what this means and the benefits it brings in the final section of this guide.
Our team of advisors can address your queries, and provide an assessment of the validity of your potential claim. You can get in touch using the following details:
Select A Section
- Could You Claim For Organ Damage With A Serious Injury Solicitor?
- Accidents That Could Cause Internal Organ Injuries
- What Evidence Could Help You Make A Successful Serious Injury Claim?
- Organ Damage Claim Settlements
- Start Your Claim For Organ Damage With A No Win No Fee Serious Injury Solicitor
If you were injured in a road traffic collision, a workplace accident or an accident in a public place, you need to demonstrate you were owed a duty of care and that this duty was breached in order to be able to claim. The next section details the relevant laws governing the duty of care in these different scenarios. However, as an overview, in order to start a personal injury claim for organ damage, you have to prove:
- At the time of the accident, you were owed a duty of care by a third party.
- There was a breach of this duty by the third party
- The breach was the cause of your injuries.
How Long Do You Have To Claim For Organ Damage?
Like any other personal injury claim, a claim for organ damage is subject to the time limitation period set out in the Limitation Act 1980. You generally have 3 years from the accident date to start the claims process. Although in certain circumstances, exceptions can apply to this.
Speak with a member of our team today to see how long you could have to begin your claim.
Below we look at some examples of accidents that can lead to serious internal injuries and the laws that exist to safeguard people in different scenarios.
Accidents On The Road
There is a common duty of care amongst road users to take all reasonable steps to prevent each other from being harmed while navigating the roads. This means following the standards set out by the Road Traffic Act 1988 and the Highway Code.
Failure to adhere to these standards can lead to road traffic accidents and serious injuries. For example, a driver using their mobile phone fails to stop in time at a crossing, hitting a pedestrian. The pedestrian sustains a ruptured bladder and significant damage to their kidneys in the impact.
Accidents In A Public Place
There is a duty of care owed by the party in control of the land to take steps to ensure the reasonable safety of all visitors to a public place, as set out in the Occupiers’ Liability Act 1957. This duty of care applies anywhere the public can access, such as shops and business premises, public parks and recreation facilities, and the road network.
You could be eligible to make a public liability claim if the party in control breaches their duty of care to ensure your reasonable safety. An example of this could be if someone was travelling up a faulty escalator that had not been repaired, despite the fault being known. They were then thrown down the escalator, suffering a chest injury that results in lung damage in the fall.
Accidents In The Workplace
The Health and Safety At Work etc. Act 1974 imposes a duty of care on employers to take reasonable steps to ensure the safety of their employees. The Health and Safety Executive (HSE), the regulator for health and safety in the workplace in Great Britain, provide guidance for employers on how to minimise risks at work.
Breaches of this duty can lead to an accident at work, potentially resulting in serious injuries. An example of a serious injury sustained from an employer breaching their duty of care would be if you overloaded a warehouse crane as you had not received any training in the safe use of the equipment. This resulted in the crane failing and you being crushed by the heavy load, damaging your lungs.
This isn’t an exhaustive list. If you’d like an assessment of your circumstances, speak with a member of our team today. If you have a valid claim for organ damage, you could be put in touch with a No Win No Fee solicitor from our panel.
In order to make a claim for organ damage, you will need to provide evidence. The types of evidence you can gather may vary depending on what type of accident you were involved in. Below you will find a list of some potential evidence you could collect in support of your claim:
- After being treated for your injuries, you have the right to request copies of your medical records.
- For a road traffic accident, you can acquire footage from a dashcam showing the accident occurring.
- You can also acquire any CCTV footage showing the accident if available.
- Any potential witness could be interviewed at a later date, so take down their contact details.
- Keeping an accident book is a legal requirement for all employers. You should make a report in this following an accident at work and obtain a copy for your claim.
Working with a solicitor can make the process of collecting evidence run more smoothly than it would otherwise. A solicitor might have experience in other claims of this nature, meaning that they can give you advice on what forms of proof could be applicable in your claim for organ damage.
If you make a successful claim for organ damage, you will receive a personal injury compensation award. This can be made up of up to two heads of claim. General damages are awarded to account for the pain and suffering you experienced due to being injured.
The figures in this table have been taken from the Judicial College Guidelines (JCG), a publication detailing the guideline award brackets for a number of different injuries. Because personal injury claims are decided on a case-by-case basis, we have provided this table as a guide only.
|Bowels (a)||Cases involving double incontinence: total loss of bowel and urinary function, with other medical complications.||Up to £184,200|
|Bowels (b)||Total loss of function and dependence on colostomy, award within bracket dependent on age.||Up to £150,110|
|Kidney (a)||Loss of or serious permanent damage to both kidneys.||£169,400 to £210,400|
|Bladder (b)||Complete loss of control and function.||Up to £140,660|
|Chest Injuries (a)||Total removal of one lung and/or serious heart damage. Significant permanent scars with serious prolonged pain.||£100,670 to £150,110|
|Chest Injuries (b)||Traumatic injury to chest, lung(s) and/or heart causing permanent damage, impairment of function and disability.||£100,670 to £150,110|
|Loss of Earnings||A loss of earnings could be awarded for time taken off work, either temporarily or permanently, due to injury.||Up to £100,000 and above.|
The other of the two heads of claim that could make up your payout is known as special damages. Special damages can be awarded for any financial losses incurred from your injuries. Remember to retain your receipts, payslips and any other documentation that shows your financial losses. Some examples of losses you could claim back include:
- Medical costs.
- Travel costs.
- Loss of earnings.
- Domestic care.
If you speak with one of our advisors today, they could assess your case and give you an idea of how much compensation you could be awarded. Furthermore, if your claim for organ damage is valid, they could connect you with a No Win No Fee solicitor from our panel.
You can speak to our advisors for a free assessment of your potential claim. If they decide you have valid grounds to move forward with the claims process, they could connect you with a personal injury solicitor from our panel.
A solicitor could then offer to take your claim under what is called a Conditional Fee Agreement (CFA). A CFA, a type of No Win No Fee contract, has distinct advantages to you as a claimant. There are no upfront fees nor any ongoing fees for the solicitor’s work. You will also not have to pay fees following an unsuccessful claim.
You will receive personal injury compensation if your claim succeeds. The solicitor will deduct a percentage of this payout as their success fee You will keep the majority of your compensation because success fees are legally capped.
For more information or for an assessment of your potential claim, you can speak to one of our advisors. You can get in touch using the following details:
Related Serious Injury Claim Resources
See more of our serious injury guides
- Read more about making a serious head injury claim
- Find out when you could be eligible to claim following a serious neck injury
- Learn more about making paralysis injury claims
Other useful resources
- NHS – guidance on spleen problems and removal.
- GOV – Report a pothole.
- THINK! – Road safety campaigns.
Thank you for reading our guide on making a claim for organ damage. You can speak to one of our advisors for more information, answers to any questions you have about the claims process and a free assessment of your potential claim. You can get in touch using the contact details above.
Written by HC
Edited by FS