Were you involved in a road traffic, workplace or public place accident that caused damage to several internal organs? Are you wondering whether you could be eligible to make a serious injury claim for organ damage? If so, this guide could help. Firstly, it will discuss who is eligible to start a personal injury claim and what evidence can support your case.
Later, we explain the duty of care certain third parties owe to prevent you from becoming harmed at work and give some examples of the way it might be breached. In addition, we offer a figurative case study that explains the personal injury claims process.
Furthermore, we discuss how compensation settlements following a successful claim could be calculated and what they could comprise.
Finally, we explore how a No Win No Fee solicitor could assist you with the process of seeking compensation.
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:
Browse Our Guide
- When Can You Claim For Organ Damage?
- What Evidence Can Be Used For Internal Organ Injury Claims?
- Case Study: £2.5 Million Payout For A Serious Injury Claim For Organ Damage
- How Much Compensation Could You Receive For Internal Organ Injuries?
- Claim For Organ Damage On A No Win No Fee Basis
- Learn More About Making An Organ Injury Compensation Claim
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.
A serious injury claim for organ damage can be substantiated with supporting evidence. Therefore, it’s important to gather as much of the following as you can:
- Medical evidence, such as X-rays, scans and specialist reports.
- CCTV and dashcam footage that clearly shows the accident.
- Witness contact details so statements can be collected at a later date.
- A diary showing your symptoms and any treatment needed.
- Photos of your injury and the area where it happened.
If you have an eligible claim, a solicitor from our panel could assist you in gathering evidence to support your case. They have experience handling serious injury claims and could help you through the process of seeking compensation.
For more information on collecting evidence and how a solicitor could assist you, please contact an advisor on the number above.
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.
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.
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. Please use them as a guide only.
|Type of Injury||Definition||Award Level|
|Multiple Organ Injuries - Serious||Compensation for damage to several organs alongside the financial losses incurred as a result.||Up to £1 million+|
|Brain - Very Severe||Full-time nursing care is required.||£282,010 to £403,990|
|Kidney||Both kidneys are seriously and permanently damaged or they are both lost.||£169,400 to £210,400|
|Bowel||Total loss of natural bowel function as well as urinary function and control with other medical complications.||Up to £184,200|
|Chest||Removal of one lung and/or serious damage to heart causing prolonged pain and suffering with permanent scarring that is significant.||£100,670 to £150,110|
|Chest||A traumatic injury to the chest, lung(s), and/or heart resulting in permanent damage and a reduced life expectancy, for example.||£65,740 to £100,670|
|Special Damages - Loss Of Earnings||Compensation to reimburse lost income incurred due to having to take time off work because of injuries.||Up to £100,000+|
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.
At Advice.co.uk our advisors work closely with a panel of personal injury solicitors who have experience handling organ damage compensation claims. If your case is eligible, an advisor could connect you with a solicitor from this panel.
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 panel of solicitors could assist you on a No Win No Fee basis, please contact an advisor. To do so, you can:
Below, we have provided some more of our serious injury claims guides:
- Learn if you could be eligible to make a serious injury claim for a paralysis injury following an accident caused by a third party breaching their duty of care.
- Discover whether you could make a claim following a car accident in which you sustained a serious injury.
- Read our guide discussing serious injury claim payouts including how they are calculated.
Additionally, 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.