If you suffer a digestive system injury, through the negligence of those who have a responsibility to your health you may be eligible to make a compensation claim. If you can prove that a third party’s negligence was primarily responsible for your injury/illness, you could have a viable claim. But what do you need to know and do in order to move a case forward? That’s why we have this guide right here. We explain factors that you may need to be aware of when it comes to taking legal action. Plus, we provide a sample case study with one victim of a digestive system injury receiving a settlement of £23,000.
You can get started right away by clicking any of these 13 headings. But you may decide to speak with our specialist team in advance. If that’s the case, then you can get in touch with one of our advisors right away. Simply telephone us on 0161 696 9685, fill out the contact form or leave a message on our 24/7 Live Chat.
Choose A Section
- A Guide To Claiming Compensation Payouts For A Digestive System Injury
- What Is A Digestive System Injury?
- How Can You Suffer A Digestive System Injury At Work?
- Digestive System Injury In A Public Place
- How Can You Suffer A Digestive System Injury In A Road Traffic Accident?
- Learn About Personal Injury Compensation Calculations
- What Are Special Damages?
- Case Study: £23,000 For A Digestive System Injury
- Receive Free Legal Advice From Us On Your Case
- Could You Benefit From No Win No Fee Claims?
- Our Specialist Free Legal Advice For Claimants
- More Resources And Guides On Digestive System Injuries
- Digestive System Injury FAQs
In this guide, we’re covering the various core elements of making a claim for a digestive system injury. For instance, we identify what the injury consists of and how you may notice it developing. We also highlight how to prove a third party’s negligence with examples of accident scenarios. Then, we have our case study, which goes in-depth on one such situation. Plus, we break down the compensation calculation process, as well as describing No Win No Fee agreements. And we finish off by answering the questions that are most common for those considering a claim for a digestive system injury.
Personal Injury Claims Time Limit
You have up to 3 years to make a claim for a digestive system injury, or indeed any injury. This starts from the date of the original accident or from the date of knowledge. For a child or someone lacking mental capacity, an appointed representative can process their claim as a litigation friend. Should their circumstances change (the child turning 18 or the victim regaining mental capability), their 3-year window then begins. Call us anytime if you need further guidance about the legal time restrictions for making a claim.
The digestive system is made up of the oesophagus, stomach, gallbladder, small intestine, large intestine, rectum and anus. Each serves a vital role in the digestion, dissection and removal of any consumed food products. When any of these areas suffer a compromise, it could have a knock-on effect for the rest of the body. But when a digestive system injury occurs, it could damage the digestive process for a lengthy period of time. An example could be gastrointestinal perforation (GP), whereby a hole forms within the stomach or small intestine. Though it may arise due to a disease, a serious trauma could also create this hole.
And this could have a harmful impact on the entire digestive system. After all, this could prevent the body from absorbing water, minerals and nutrients, as well as causing other problems such as bowel problems. That is one symptom of a digestive system injury alongside abdominal pain, nausea, vomiting, heartburn, bloating and incontinence. Hence why a compromise to one area could impact many others. Some issues may heal and clear up in a few weeks others could last a lifetime. Contact us today for additional guidance.
Now that you know what a digestive system injury entails, let’s consider the criteria for claiming for negligence. After all, the negligence of a third party is the basis on which you could viably hold a case. So, firstly you need to establish that a third party owed you a duty of care in some way. (We’re covering the specific duties of care shortly.) But somehow there was a breach of duty which specifically resulted in an incident taking place. And as a result, you were significantly hurt, such as you suffering a digestive system injury. If you meet all these requirements, then you could claim negligence, hence you having a real case.
There are three main areas which are covering the vast majority of accidents which could cause a digestive system injury. The first of these is employer’s liability (EL) which handles the duty of care from the Health and Safety at Work etc. Act 1974. One possibility is that you suffer a fall in work due to a wet surface which injures your lower spinal cord. The force of the fall could bring about bowel trouble thus disrupting the flow of the digestive system. This could be negligence if the firm didn’t provide sufficient safety procedures to avoid employees slipping over. And if you can prove that this is the case, then you may be able to claim for compensation. Ring up our team if you need any advice.
Next, let’s talk about public liability (PL), via the Occupiers’ Liability Act 1957. Accidents in public places could still happen anywhere from restaurants to parks, and from pubs to nightclubs. Of course, the lack of due care and attention may not be intentional. Nevertheless, it still heavily contributes to an accident in a public place occurring.
Perhaps, for instance, a cafe doesn’t take a customer’s allergy needs into consideration. And this could mean the serving of foods which cause intense pain to the abdomen, bowels or intestine for the customer. In that case, those in charge of the restaurant have shown negligence by overlooking or ignoring the customer’s health situation and causing an injury as a result of their careless actions. This is one of many potential examples of an accident in a public place causing a digestive system injury. Speak to us anytime for further details.
It’s also possible that you suffer a digestive system injury in a road traffic accident, or RTA. This could come about via the significant force of the seatbelt pushing into the chest and abdomen after a crash. Now, there is a duty of care for all road users to follow as part of the Highway Code. So, any avoidable collision on the road is a clear sign of negligence on behalf of the instigator. That could be a driver, a cyclist or even a pedestrian. And so they become liable if you were to claim for your digestive system injury. To get in touch, please drop us a message via our Live Chat option. You can find this in the bottom right-hand corner of the page.
At this stage, it’s worth knowing about how your potential settlement comes to be. To help value your claim you may be invited to a medical assessment. This is to determine the true extent of your digestive system injury. Now, this also includes your doctor taking a look at your condition prior to the accident. This allows a clear link to be established between your original incident and how you feel today. And that makes it easier to prove that, but for the accident, your digestive system isn’t hurt. It also means you have evidence as to how long the recovery period from the digestive system injury could last. And that could have a big influence on your compensation figure if your case succeeds.
From there, your solicitor, if you have opted to have one represent your case, uses the findings of the medical assessment to value your claim. Online personal injury claims calculator, tend not to give precise figures as they do not include financial losses. We know that every digestive system injury is different in some way, so the potential settlement figure should reflect this.
General damages handle the primary consequences which stem from you suffering a digestive system injury. So, we’re talking about the physical pain and suffering, along with any loss of independence due to the injury. In addition, general damages cover any psychological trauma that you endure as part of the experience. Depending on the severity of the digestive system injury, this could see your potential payout increase. Contact us if you want to receive more information.
The other element of the compensation settlement concerns special damages. These focus on the additional impact of your digestive system injury, which could include the loss of income due to time off work. They may also incorporate any medical expenses, as well as the costs of using public transport for hospital visits. You may have to hire a dietitian in the aftermath of your injury to ensure your diet becomes healthy and sustainable.
And it could also include any aftercare which you receive. This could be gracious care from family members and friends. Perhaps it involves you hiring a nurse to look after you at home while you’re on the mend. Or maybe you hire a professional to handle home chores that you’re unable to perform. In any event, having receipts and invoices to back up each of these strands is important towards supporting your case. Learn more by calling us today.
Mr Richards, 32, worked as an assistant manager at a leisure centre. He always drove into work as he lived on the outskirts of the city where the sports complex was based. Now, Mr Richards had never suffered from any health complications pertaining to his digestive system. But all this changed one afternoon.
As Mr Richards was driving home from work, he headed towards a set of traffic lights. As he slowed down to stop, another vehicle collided into the back of his at high speed.
Mr Richards sprung forward in his seat, though he remained conscious and only suffered minor cuts to the face. However, in the process, his abdomen felt the full brunt. The seatbelt severely crushed his abdomen wall. This caused significant pain to Mr Richards. Witnesses to the accident called the emergency services.
At the hospital, Mr Richards was rushed in for emergency surgery as he had internal bleeding that was considered life-threatening. Mr Richards had suffered a perforated bowel.
Mr Richards underwent a further operation on his small intestine which went well. But it was 3 months before he was able to return to work due to some complications. What’s more, IBS had now become a permanent issue for him to deal with moving forward.
After talking to a personal injury solicitor, Mr Richards filed a claim against the driver in question. This was based on his negligence as per the duty of care under the Highway Code. Mr Richards received a compensation settlement of £23,000, which was made up of £14,820 for general damages and £8,180 for special damages.
|Type Of Special Damages||Includes:||How Much?|
|Lost Earnings||Lost earnings from being unable to work for 3 months||£6,000|
|Medical Costs||Costs of medication during his recovery||£200|
|Transport Costs||Costs of using public transport for hospital appointments||£200|
|Dietitian Costs||Costs of hiring a dietitian||£250|
|Cancelled trip||Holiday cancelation||£580|
|Carer help||Cook, Clean, Gardener, home help||£950|
Note: This story is purely an example and is just one example of a possible digestive system injury scenario.
Our friendly team offers a consultation at no charge as a courtesy to anyone considering a claim. This is something that we offer to everybody because it allows them to understand exactly what the claims process involves. Do you know about the various stages, the potential obstacles, and the evidence to gather along the way? Most of all, do you truly know what the maximum figure is that you could reasonably try to claim for? We’re covering all of this information and more when we offer the initial advice. That way, you know what to expect once you do commit to taking legal action. Please talk to our helpful team if you wish to have that consultation today.
You could indeed benefit from a No Win No Fee solicitor when claiming compensation after a digestive system injury. Working with a No Win No Fee solicitor means that you only spend what you need to. It also means you receive value for money.
You only pay a success fee to your personal injury solicitor if the case wins. (This has a legal cap to protect the vast majority of your settlement.) The success fee covers the solicitor’s costs. Now, if for some reason your case loses, then you don’t pay these costs. Therefore, in order to be paid, your personal injury solicitor must win your case, which is surely good news for you. And regardless of the outcome, you have no requirement to pay legal costs prior to or during the case itself.
If you want to know more about No Win No Fee agreements, just leave a message on our Live Chat.
We now want to know about your own digestive system injury so that we can help you. Throughout this guide, we’ve covered how such an injury occurs, potential settlement figures and No Win No Fee benefits. So, all that remains is for us to learn about you and your injury. That way, our panel of personal injury solicitors could begin to build your case.
Now, remember that it’s your decision whether or not to take legal action; you’re under no pressure to do so. Even after contacting us, you could still decide not to move forward with a claim for compensation. Nevertheless, you can get in touch with our advisors by calling 0161 696 9685, completing the online form or by using the Live Chat. And note that we’re available all day, every day to handle your enquiry.
This guide provides a plethora of information about how to react to a digestive system injury. Yet we recognise that you may want to find out as much as you can before initiating a claim. That’s why we have these extra research pages for you to check out at your leisure.
To begin with, we go into greater depth on No Win No Fee agreements.
We also talk you through the entirety of the compensation calculation process.
And we also discuss where liability lies for specific personal injury claims.
Meanwhile, the NHS has a page covering the most common digestive system injuries.
They also explain what foods are healthy to maintain a strong digestive system.
Additionally, they provide lifestyle tips to further enhance your digestive system.
What are the symptoms of a digestive system injury?
Symptoms could include abdominal pain, diarrhoea, bloating, heartburn, nausea and incontinence.
How many different disorders of the digestive system are there?
The most common disorders include Gastroesophageal Reflux Disease (GRD), Inflammatory Bowel Disease (IBD) and Irritable Bowel Syndrome (IBS).
What does a gastroenterologist do to check the stomach?
A gastroenterologist uses a small, thin camera which inserts via the mouth and enters the stomach. This checks your windpipe, your stomach and the small intestine for any problems.
How long could it take to recover from a digestive system injury?
The small intestine should heal up within 3-6 months. For older sufferers, the recovery time for a serious digestive system injury may be as long as 2 years.
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Published by AL.