A Guide To Making A Serious Injury Claim For Organ Damage

Last Updated On 8th December 2025. You can generally make a claim for organ damage if you can prove that the harm you suffered was due to a third party’s negligent actions or inactions. To make a serious injury claim, you will need to submit evidence that proves another party was reasonably responsible for your safety at the time of the accident and that their failure to adhere to relevant safety laws caused your organ damage. Personal injury claims must also be started within 3 years of the incident.

Areas in which another party has a legal obligation towards your safety include while navigating the roads, in the workplace and while you are in a public space. This legal obligation is known as a ‘duty of care’, and it will vary depending on the situation, but a breach of it that causes you an injury, including damage to your organs, is known as negligence.

If you are able to prove negligence occurred, then you could be entitled to compensation for your physical pain, mental suffering and any associated financial losses, such as your lost income and any money spent on hiring a nurse to help care for you.

A personal injury solicitor specialising in serious injury cases can increase your chances of making a successful claim. Our solicitors offer their services under a type of No Win No Fee contract, which means that you won’t have to pay their service fees upfront or as the claim is ongoing.

If you want to discuss your potential serious injury claim with our advisors, get in touch on the details below. They are available 24/7 to offer free advice. To reach them, you can:

• Call on 0161 509 2856,
• Make an enquiry via the ‘Contact Us’ form
• Use the live chat feature below.

Browse Our Guide

1. Can You Claim For Organ Damage?
2. How To Make An Organ Damage Claim
3. Case Study: £2.5 Million Payout For A Serious Injury Claim For Organ Damage
4. How Much Compensation Could You Receive For Internal Organ Injuries?
5. Claim For Organ Damage On A No Win No Fee Basis
6. Frequently Asked Questions About Organ Damage Claims
7. Learn More About Making An Organ Injury Compensation Claim

Can You Claim For Organ Damage?

To have valid grounds for a personal injury claim, it is essential to show that you can meet the following eligibility criteria:

• You were owed a duty of care at the time and place of the accident.
• A breach of this duty occurred.
• You can show that this breach caused you to suffer physical and/or psychological harm.

These three points form the definition of negligence in tort law. If you can prove negligence occurred, you might be eligible to make a serious injury claim for organ damage. In addition to proving these points, you must start legal proceedings within three years from the accident date. This is the general time limit for personal injury claims as set out in the Limitation Act 1980.

The following sections explore the duty of care you’re owed by different third parties, including employers, occupiers, and road users. You can also find a selection of examples about how accidents and injuries could occur if this duty is not upheld.

Road Traffic Accidents

Road users owe a duty of care to each other whilst using the roads. This duty requires them to act in a way that prevents themselves or others from being harmed or caused damage. To uphold this duty of care, they need to follow the Road Traffic Act 1988 and adhere to rules laid out in the Highway Code.

If another road user breached their duty of care, it could lead to a road traffic accident in which you suffer damage to your organs. For example, a driver operates their vehicle while under the influence of alcohol, causing them to collide with you. As a result, you sustain crush injuries that lead to damaged organs, such as kidneys and bowel.

Accidents At Work

Employers owe a duty of care to employees as outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This legislation requires employers to take practicable and reasonable steps to ensure the safety and well-being of employees as they work.

A failure to uphold this duty of care could lead to an accident at work in which you sustain organ damage. For example, your employer may have failed to ensure a a piece of machinery was secured causing it to fall on you. As a result, you sustain severe crush injuries which lead to damaged organs.

Accidents In A Public Place

Those in charge of public space are called occupiers and they owe a duty of care under the Occupiers’ Liability Act 1957. They must take steps to ensure the reasonable safety of anyone visiting the space.

However, it could be possible to suffer serious organ damage if, for example, you suffered a slip, trip or fall down a faulty escalator in supermarket due to faults not being fixed in a reasonable time frame. This could lead you to suffer a brain injury.

To discuss your specific serious injury claim for organ damage, please contact an advisor on the number above. An advisor can help you understand whether you meet the required eligibility criteria and how long you have to initiate legal proceedings.

How To Make An Organ Damage Claim

To make a successful claim for organ damage, you will need to take a series of steps. We break down a few of these below.

Step 1: Establish Negligence

Firstly, you must be able to establish that negligence occurred. This means that you need clear evidence that proves:

• You were owed a duty of care. This could be owed by your employer, the occupier of a public space, or another road user. It is a legal obligation that means that one or more parties must take proper care to avoid causing some type of foreseeable harm.
• There was a breach of this duty. In other words, your employer, the occupier of a public space or another road user failed to adhere to the relevant safety regulations in a given situation.
• Causation. The breach of duty caused your organ damage.

You have good grounds to seek personal injury compensation if you can prove these 3 points.

Step 2: Gather Evidence

The more compelling evidence that supports your version of events that you can gather, the better your chances of securing a payout. Examples of items you can collect to submit include:

• Information regarding the date and location of the accident, as well as the time and the contact details of anyone else involved.
• Accident reports, such as from an accident book, or a police report (if they attended the scene of a road traffic accident).
• Eyewitness contact information, including their name and the best way to get hold of them, so a solicitor can take a witness statement at a later date.
• Photographs and videos. These can be of the accident occurring (such as from CCTV, a dashcam or mobile phone), the aftermath of the scene, equipment, hazardous conditions or your injuries.
• A copy of your medical records with details of the injuries you suffered, prognosis, medication prescribed or anything else related to the accident.
• Documentation proving your financial losses, such as your payslips, bank statements, invoices for medical treatment or domestic help and receipts, such as for any specialist equipment and products to cope with organ damage.

Furthermore, if the organ damage occurred in a road traffic accident, you will need the insurance information, name, address, and vehicle registration of the other driver.

Step 3: Be Aware Of The Time Limits

You have 3 years from the date of the accident to start a personal injury claim as set by the Limitation Act 1980. This Act does allow for a litigation friend to manage a claim on behalf of parties who cannot do so themselves. These parties include:

• Children under the age of 18 who cannot manage a claim until their 18th birthday (they have 3 years from that date to start one).
• Those without the mental capacity to do so will not be able to start the claims process unless they regain this capacity (should this occur, then they will have 3 years from that date).

In either case, a litigation friend can start the claim on behalf of the injured party at any point while the time limit is not in effect.

Step 4: Seek Legal Advice

A personal injury claim for organ damage can be complex. The very nature of the injury, with varying prognoses and possible multiple injuries, makes this type of claim difficult. Additionally, navigating the legal processes involved with compensation claims is best left to someone experienced in such matters. Furthermore, you can instruct a solicitor at any point in the claims process, so even if you’ve already started, you may want to get legal advice.

Many solicitors offer their services under a No Win No Fee arrangement. This means that you won’t need to pay upfront or ongoing solicitors’ fees. This is the type of arrangement offered by the solicitors here at Advice.

By seeking legal advice and support, you can present a strong case. A solicitor can handle any negotiations, gather expert evidence, take witness statements and ensure that you receive the maximum compensation for your particular claim.

For more information about the claims process or how a solicitor can help, speak to one of our advisors now.

Case Study: £2.5 Million Payout For A Serious Injury Claim For Organ Damage

This case study is a figurative example and is only meant to illustrate the personal injury claims process.

Mr Douglas suffered serious organ damage whilst operating a forklift truck in a warehouse. His employer had failed to give him any training on how to operate the machinery and instructed him to use the forklift regardless. As a result, Mr Douglas lost control of the vehicle and crashed. As a result, he sustained damage to his chest causing significant damage to his heart. Additionally, he suffered a punctured lung injury and serious kidney damage. He also experienced some partial loss of sight.

Due to the severity of his injuries, he was unable to continue working in the same job and required care at home. This meant he lost income and incurred other costs as a result of his injuries. He was also unable to partake in activities he used to enjoy, impacting his overall quality of life.

After consulting with a personal injury solicitor, he decided to seek compensation for the way his injuries had affected his life. Working together with the solicitor, they were able to compile a strong body of evidence. Ultimately, Mr. Douglas received a £2.5 million settlement.

Please get in touch to discuss whether you could have valid grounds to pursue a serious injury claim for organ damage.

How Much Compensation Could You Receive For Internal Organ Injuries?

A successful settlement can comprise up to two heads of loss: general damages and special damages. General damages compensate the person for the pain and suffering caused by the injuries.

In order to value general damages, legal professionals can refer to medical documents and publications such as the Judicial College Guidelines which list guideline compensation brackets. You can find an excerpt of these below, except for the first row. Please use them as a guide only.

Compensation Table

Claiming Financial Losses In Organ Damage Claims

Special damages are the head of loss that reimburses you for financial losses caused by the injuries. You need to demonstrate these losses with receipts, invoices or wage slips. With the correct supporting evidence your claim may include expenses such as:

• A loss of earnings both past and future.
• Medical costs.
• Travel expenses, such as for travelling to and from hospital appointments.
• Care costs.

For precise guidance on what your claim for organ damage could be worth, speak to our advisors on the number above.

Claim For Organ Damage On A No Win No Fee Basis

At Advice, our advisors work closely with our personal injury solicitors who have experience handling organ damage compensation claims. If your case is eligible, an advisor could connect you with one of our expert solicitors.

They offer their services through a version of a No Win No Fee contract and typically called a Conditional Fee Agreement (CFA). This could enable you to access their services without the need to pay upfront or ongoing costs. Furthermore, there are no fees requested for completed work on claims that fail.

At the end of a successful claim, you will pay a small percentage of your compensation to your solicitor as their success fee. This percentage is subject to a legislative cap so you can receive the bulk of the compensation that is awarded.

For further guidance on when you could be eligible to make a claim for organ damage and whether our solicitors could assist you on a No Win No Fee basis, please contact an advisor. To do so, you can:

• Call on 0161 509 2856,
• Make an enquiry via the ‘Contact Us’ form
• Use the live chat feature below.

Frequently Asked Questions About Organ Damage Claims

We now examine a few frequently asked questions about organ damage claims.

How Do I Know If I Can Make A Claim For Organ Damage?

You may be able to claim if you have evidence that supports negligence occurring, such as a copy of your medical records and videos of the accident, or official reports.

Do I Need A Solicitor To Make An Organ Damage Claim?

A solicitor is not necessary to make a claim, but many claimants choose to work with one. An expert solicitor knows the ins and outs of the claims process and can handle the case while you focus on your recovery. A solicitor may also be able to connect you to help and support you wouldn’t otherwise be able to access. The solicitors here at Advice can do all of this and more on a No Win No Fee basis.

What Types Of Organ Damage Can I Claim Compensation For?

You can claim for minor to very severe damage to one or more of your organs, including:

• kidneys
• liver
• spleen
• bowels
• bladder
• stomach
• lungs
• heart
• reproductive organs

Can I Claim Compensation If The Organ Damage Was Caused By Medical Negligence?

Yes, you can claim compensation for organ damage if medical negligence caused it. Medical negligence and personal injury claims are very similar. You will need evidence that proves a medical professional owed you a duty of care to provide treatment that met the expected standard, they failed to do this, and as a result, you suffered unnecessary harm. Organ damage can occur due to medication errors, surgical mistakes, delayed diagnosis or incorrect treatment.

Is Organ Damage Considered A Serious Injury In Compensation Claims?

Yes, organ damage is generally considered a serious injury in compensation claims. It can attract a high award due to long-term health implications. For example, damage to your kidneys can also increase your risk of bladder infections, affecting the quality of your life.

Learn More About Making An Organ Injury Compensation Claim

Here are some helpful external resources:

• Information on statutory sick pay from GOV.UK
• Guidance on when to call 999 from the NHS.
• Information on road safety laws from Think!

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 questions, please contact an advisor on the number above.