Bladder Injury Compensation Claims
If you have been affected by a bladder injury we can help.
The purpose of this guide is to help anyone who has suffered a bladder injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
bladder injury compensation:
Anyone who has sustained a bladder injury after a work accident or road accident that was not their fault, or through medical negligence, may be able to bring a compensation claim. Due to the nature of bladder injuries, surgery is often required and rehabilitation can be a lengthy process.
Compensation has been awarded for a range of bladder injuries and conditions, including ruptured or perforated bladder injury and prolapsed bladder injury. Recognising the severity of these injuries, Court awards can be higher compared to more minor, superficial injuries.
Claiming compensation for a ruptured bladder
A ruptured or perforated bladder is a serious injury that is caused by trauma to the pelvic region. Ruptured bladder injuries fall into three broad categories:
- Blunt trauma injury, such as a high-velocity blow to the body in a road traffic accident, a cycling accident, a pedestrian accident or a fall from a height.
- Penetrating wounds, such as stab wounds caused by criminal injury or dangerous machinery at work.
- Perforation injuries that occur when the bladder is accidentally pierced during surgery as a result of clinical or medical negligence.
The majority of traumatic bladder injuries are successfully remedied by surgery. However, short- or long-term serious complications can occur, including infection (peritonitis), bleeding, urinary retention, blockage of the urethra and scar formation.
When calculating damages for a bladder injury, the Courts do not take into account the nature of the accident that caused the damage. Compensation awards are determined solely by reference to the severity of the bladder injury and the impact it has on the claimant's life.
However, for the purposes of making a compensation claim, the cause of the accident does matter. The injury lawyer must prove that the defendant negligently caused the accident, and that the bladder ruptured as a result.
Compensation for bladder prolapse
The NHS estimate that one in 10 women will have surgery to rectify a prolapsed bladder by the time they are 80 years old.
Common causes of a prolapsed bladder include:
- A manual handling accident or other exertion in the workplace
- Medical negligence, which may occur during a forceps delivery, Caesarean section, hysterectomy or other surgery.
A prolapsed bladder is not life-threatening but it can trigger long-term problems such as urinary difficulties, stress incontinence, lower back pain or pain during sexual intercourse.
As an initial step, the injury lawyer will arrange for the claimant to be examined by an independent medical expert who is not the claimant's surgeon or GP. The medical expert acts as an impartial assessor of the bladder injury. He or she will prepare a medical report describing the injuries and the prognosis for recovery and will make recommendations for further rehabilitation.
The severity of the bladder injury, as stated in the medical report, is used as basis for negotiating the settlement award in the compensation claim.
Do I have a bladder injury claim?
As a basic rule, you can make a bladder injury claim if your injury happened:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a bladder injury claim on their own behalf.
Who is liable?
Who is liable? depends on the nature of the accident and the law that applies to accidents of the type the claimant has suffered.
For example, where the accident occurred at work, a claim may be brought against the employer. To make a successful claim, the injury lawyer will gather evidence to show that the employer failed to take reasonable steps to eliminate the risks associated with the relevant work process or machinery and thus can be held legally accountable for the accident.
Where the injury was sustained in a vehicle, bicycle or pedestrian accident, the injury lawyer will consult the Highway Code and other driving legislation to demonstrate that the defendant negligently caused the accident that resulted in the bladder injury.
Clinical negligence claims can be difficult to prove. The injury lawyer must show that:
- The standard of care received fell below that of a reasonably competent medical professional in the specific area of medicine (negligence); and
- The bladder injury arose as a direct result of the negligent action (causation).
For bladder perforations sustained during surgery, a claim cannot usually be brought just because the surgeon did something wrong. The injury lawyer must prove that the perforation was not identified and correctly repaired at the time of the surgery and that the error caused significant injury. Read more about surgical negligence compensation claims.
The amount of money you could claim for your bladder injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your bladder injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a bladder injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Bladder injury compensation amounts
The following bladder injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Bladder and bowel injury|
|Bladder and bowel injury||Severe||Total loss of bowel and bladder function||Up to £146,840|
|Bladder injury||Moderate||Long-term injury with full recovery||£18,660 to £24,950|
|Bladder injury||Serious||Serious impairment of control||£51,000 to £63,720|
|Bladder injury||Severe||Complete loss of function and control||Up to £112,100|
|Bladder injury||Very Severe||Total loss of bowel and bladder function||Up to £146,840|
What is the average injury compensation for a bladder injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a bladder injury will depend entirely on your specific circumstances.
Your bladder injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a bladder injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Bladder injury compensation
Calculating how much compensation you can claim for a bladder injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your bladder injury claim could be worth now:
How long does a bladder injury claim take?
How long it can take to win compensation for a bladder injury can vary significantly.
For instance, a straightforward liability accepted injury claim might be concluded in a few weeks. If the defendant denies liability, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. Read more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your bladder injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
No win, no fee removes the risk from making a bladder injury claim. If you don't win any compensation, you won't have to pay your solicitor any legal fees.
No win, no fee promise
Our no win, no fee guarantee means there is absolutely no financial risk in making a bladder injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my bladder injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my bladder injury claim?
If your bladder injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Bladder injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a bladder injury claim?
In general, you have a time limit of up to 3 years from the date of the bladder injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your bladder injury claim becomes 'statute barred'.
Can I claim for a bladder injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim bladder injury compensation.
In reality, there are a number of factors that can affect whether a bladder injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Helen is an award-winning legal researcher and author. She is an experienced court litigation report proofreader and has written extensively on legal matters.
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