If you suffer a punctured lung injury, the immediate priority is to receive medical treatment. This ensures you could make a 100% recovery. But once you’re back to full health, it’s time to consider the circumstances surrounding the injury. Because, if the injury was the result of a third party’s negligence, then you could consider filing a claim for compensation. And that’s what this guide is all about. We’re covering key subjects that you should know about when making a personal injury claim for a punctured lung injury. This includes an example case study with a victim of the same injury receiving a compensation settlement of £23,000.
You can click any of the 13 headings below to jump ahead to the section of your own choice. Or you may wish to talk with our specialist team right away. And they could introduce you to our panel of personal injury solicitors to handle your case. To speak with us, just telephone 0161 696 9685, fill out the contact form or contact us on our 24/7 Live Chat.
Choose A Section
- A Guide To Claiming Compensation Payouts For A Punctured Lung Injury?
- What Is A Punctured Lung Injury?
- How Can You Suffer A Punctured Lung Injury At Work?
- Punctured Lung Injury In A Public Place
- How Can You Suffer A Punctured Lung Injury In A Road Traffic Accident?
- Calculation Process Of Personal Injury Compensation Broken Down
- What Are Special Damages?
- Case Study: £23,000 For A Punctured Lung Injury
- Receive Free Legal Advice On The Value Of Your Claim
- No Win No Fee Claims Guidance
- Choose Our Experts For Free Legal Advice
- More Resources And Guides On Punctured Lung Injuries
- Punctured Lung Injury FAQs
In this guide, we’re covering the following subjects in relation to a punctured lung injury claim for compensation:
- What a punctured lung injury is;
- Defining a third party’s negligence as the root cause of the injury;
- How you could suffer such an injury, with various scenarios as examples;
- Calculating an accurate settlement estimate for your case;
- No Win No Fee agreements;
- Frequently asked questions about a punctured lung injury.
Personal Injury Claims Time Limit
Now, it’s important to recognise that there is a time limit on when you could start a personal injury claim. So, you have up to 3 years in which to start your case due to your punctured lung injury. This could date from when you were hurt or from when you learned that you were hurt. Or from when you discovered your injury was caused by negligence. The latter option assumes that the date of knowledge comes days, weeks or even months after the fact. In any event, once the window expires, so does your opportunity to make a claim. Hence why it pays to make a decision on pursuing a case sooner rather than later. There are exceptions to this rule. You can speak to our friendly team for extra guidance about this rule.
Now, a punctured lung injury sounds self-explanatory, but it requires a further explanation. There is space between the layers that allow you to breathe in and out as normal. But when air begins to collect within those spaces, the breathing process becomes harder. It also creates pressure that prevents the lungs from expanding correctly. Medically, this is also known as pneumothorax, though some also refer to this as a collapsed lung. There are variations between the terms but they relatively mean a similar situation.
The typical symptoms include a tight chest (which includes pain when coughing), shortness with breathing that causes an abnormality, fatigue, a rapid heartbeat and the skin turning pale or even blue because of lack of oxygen. You should seek immediate medical treatment should you encounter any of these symptoms. A severe punctured lung injury, could even prove to be life-threatening. This situation only feels harder to handle if you know it’s the result of someone else’s negligence. We’re covering that aspect in our next section, but before then, please call us if you have any questions.
We’ve referred to negligence on several occasions already as the basis on which you can make a personal injury claim. This is crucial because it’s what you need to prove in order to receive compensation for your punctured lung injury. So, in order to meet this requirement, you have to meet 3 main points of criteria. First of all, a third party was tasked in some way with providing you with a specific duty of care. However, somewhere along the way, a breach of this duty of care occurred. And the end result was you suffering from an accident, with one potential example being a punctured lung injury. If you can prove each of these points, then you could have a viable claim to make.
Now, it’s entirely possible that you suffer an accident at work which leads to this very injury. Yes, there is employers’ liability (EL) as per the duty of care under the Health and Safety at Work etc. Act 1974. An example could be that you work at a shop, in which you suffer a fall. As you fall over some stacked boxes that had been left there you break your ribs which leads to a puncture in the lungs. There could be a breach in legislation if the workplace is not safe for employees to work in. To discuss punctured lung injuries at work in further detail, call us by using the number you can see above.
A punctured lung injury could be the result of an accident in a public place. Those who are in control of public spaces have a duty of care via the Occupiers’ Liability Act 1957. That duty of care should prevent avoidable accidents in public places from happening.
A possible way that you’re injured in a public place could be that you fall down some steps in a retail outlet because the handrail was damaged. The impact of the fall could see you suffer a punctured lung injury. If it can be proven that the handrail which was damaged was known about but not repaired or replaced then the victim could be eligible for claiming compensation. That’s one potential accident in a public place, but we can provide more if you contact us today.
We also have to mention the possibility of a road traffic accident, or an RTA. There is a clear duty of care that all road users must follow courtesy of the Highway Code. And this applies not only to drivers but also to cyclists and pedestrians too. However, the sad reality is that road accidents occur all too often with terrible results. And that means a major crash or collision could see the victim suffer a punctured lung injury in the process. The lack of due care and attention from the instigator of the accident deems them negligent and thus responsible. And if the situation sees the victim suffer multiple injuries, they could realistically make a multiple injury claim. Drop us a message to chat further about potential scenarios that cause a punctured lung injury.
Having explained what a punctured lung injury is and how it could happen, let’s look at what happens next. If you do decide to make a claim, the first thing to do is to undergo a fresh medical evaluation. This assessment is a requirement of the claims process to support the validity of your case. And it’s especially important if you take legal action several months or a year or two after the original accident. Crucially, the medical check could confirm that, only for the incident, the punctured lung injury would not have happened. And that includes identifying health complications you suffer from.
From there, your personal injury lawyer will closely consider both the medical results and the evidence surrounding your case. And it’s this combination of information that allows for a suitable compensation settlement to be determined. This doesn’t mean you’re definitely receiving that figure, but it’s the range that you’re likely to reach if your case wins. We should note that we avoid using an online personal injury claims calculator that might provide unrealistic settlement targets. Instead, by having you and your situation as the focus, we can provide a far more accurate and unique compensation estimate.
The settlement itself comprises two areas: general damages and special damages. Head to our next section for a more in-depth breakdown of special damages. But as for general damages, they’re covering your physical pain and mental anguish from the punctured lung injury. This includes any after-effects which could take weeks or months to heal. And they also relate to any lingering physical consequences that may sadly become permanent. Use our Live Chat at any time if you want additional guidance about general damages.
Back to special damages now. These handle all of the financial consequences that arise due to your punctured lung injury. Depending on your circumstances, the special damages in question could include any of the following:
- A loss of income due to time off work
- Medical costs stemming from your treatment;
- Public transport expenses for visits to and from the hospital for appointments;
- Any aftercare you receive from a nurse or professional carer while you recover.
These are the main examples of special damages, for which you could ideally present receipts and invoices as supportive evidence. But there are other areas you may consider for special damages too. Leave a message if you want to know more, and one of our helpful advisors will respond to your enquiry.
Mr Wright, 36, worked as a gym instructor. Before lessons, he and his staff collected the equipment needed, for personal training classes. But on one occasion, this led to an accident that had disastrous consequences.
One afternoon, Mr Wright and his staff were collecting the usual equipment. They were going to do a keep fit class at the leisure centre. Mr Wright and his colleague (a relatively new member of the team) needed several items for each, so they took it in turns to find what they needed. But trouble was about to happen.
At one point, Mr Wright when collecting the equipment he tripped over a trailing wire that had not been there before crashing into one of the weight lifting machines.
Mr Wright shouted that he was in pain and blood began to seep from the area in question. More worryingly, because of the puncture, his breathing became compromised. His panicked colleague tried to help. Mr Wright was quickly rushed to the hospital to receive full medical treatment.
The ordeal left him in a bad way. Mr Wright had fractured several ribs, one of which had damaged his lung. His punctured lung injury had been a serious one due to the sharpness of the machine. Meanwhile, Mr Wright needed regular medical appointments for a long time so that doctors could monitor his situation.
Mr Wright spoke to a personal injury lawyer, who recommended that he file a compensation claim. This was on the ground of trailing wire being left across the floor. This was due to a breach of duty under the Health and Safety at Work Etc. Act 1974. Mr Wright followed this advice, and he received a compensation settlement of £23,000. This included £16, 860 in general damages along with £6,140 in special damages.
|Type Of Special Damages
|Costs of medication during his recovery
|Costs of using public transport for hospital appointments
|Costs of hiring a nurse to look after him at home during his recovery
|Additional costs of him suffering a punctured lung injury
Note: This is a fictional case and is simply an example of how a punctured lung injury could occur.
Having read the above case study, you may wish to know more before claiming for a punctured lung injury. More specifically, you might wish to know more about what the claims process itself involves. That’s why we offer free legal advice, over the phone, in advance of you taking the decision to open a case. By doing this, we’re able to advise you on the viability and value of your compensation claim. We also explain the requirements from start to finish, along with the potential timeframe. That way, you’ll have a greater understanding of what you need to do during the course of your case. And this means that, if you do decide to claim, you should have greater confidence that it’s the right decision. Contact us for further information.
By working with a No Win No Fee solicitor, you do not have to worry about paying anything to your legal representation upfront. So, we shall now explain this further:
- If your case wins, your personal injury solicitor takes a success fee which has a cap;
- But if your case is unsuccessful, you’re not liable to make this payment;
- And in either scenario, you don’t pay your personal injury solicitor’s legal fees up-front or during the case itself.
So, you only pay your solicitor when it’s necessary, and you don’t pay them a penny if your case loses. That’s the beauty of No Win No Fee, and not just because you only pay if you receive compensation. It means your lawyer will work hard to win your case, which can only be to your benefit. Drop us a message to ask any questions about how a No Win No Fee policy works.
Now, it’s time for us to speak to you about your own punctured lung injury. Call our advisors today to receive some free legal advice. After they have looked at your case and any evidence you have they can let you know if you could be eligible for compensation. If they can see you have grounds to sue they will offer to connect you with a solicitor from our panel. Any case that is taken on by our panel of solicitors is dealt with on a No Win No fee basis.
Now, if you wish to get in touch with our advisors, you have 3 choices. You could telephone us by calling 0161 696 9685. Perhaps you prefer to give us a detailed explanation of your punctured lung injury by completing our online form. Or maybe you wish to contact us via our Live Chat, which is open 24/7 to provide fast responses.
Thank you for having a look at our extensive guide explaining a punctured lung injury. We do realise, though, that you may want to further your knowledge about this particular subject. For that reason, we have a list of additional links below that you may wish to read.
To begin with, we have a page that analyses No Win No Fee agreements.
We break down how to claim after an accident that wasn’t your fault.
And we answer numerous common questions about claiming for an accident at work.
The NHS has a full PDF guide discussing a punctured lung injury.
They also have another document outlining pneumothorax.
And they also discuss acute respiratory distress syndrome (ARDS), another lung condition.
If you need help in making a serious injury claim for organ damage read this guide.
Can a punctured lung injury be life-threatening?
It is a serious situation and should be treated as a medical emergency.
How long do I need to stay in hospital with a punctured lung?
That would depend on the severity of the injury.
What is the recovery period for a punctured lung to heal?
Again, this would depend on the person’s general health and the severity of the injury.
Could you sue for a punctured lung injury?
If the negligence of a third party who owes you a duty of care is the primary cause of your punctured lung, you could file a claim.
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