Bowel Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a bowel injury we can help.
The purpose of this guide is to help anyone who has suffered a bowel 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
bowel injury compensation:
Data from the NHS and Cancer Research UK indicate that 100,000's of people in the UK are affected by bowel injury and illness. The Courts recognise that bowel injury can have serious, long-term care and treatment needs, and compensation awards take these factors into account.
Personal injury compensation for bowel injuries takes into any account longer-term and permanent life-changes resulting from the injury, such as colostomy or ileostomy. Settlements also provide compensation for resulting long-term bowel problems and ongoing pain and suffering.
Whether the bowel injury or bowel-related illness was caused by medical negligence, a road accident or as the result of an employer or other party's negligence, it may be possible to claim compensation.
Do I have a bowel injury claim?
A bowel injury claim should be possible if your injury happened:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - 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 bowel injury claim on their own behalf.
Can I still claim if I didn't report the bowel injury?
If you did not report the accident it can make it more difficult to pursue a bowel injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
What if I want to make a multi-party or group claim?
A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.
Common bowel injury compensation claims
The majority of bowel injuries are sustained as a result of either medical negligence or high-impact collision accidents.
Bowel injury caused by medical negligence
Where there is a risk of bowel injury during a surgical procedure medical staff should be prepared to take appropriate remedial action. In cases of medical negligence during or after a surgical procedure, the failure or error in care may result in the need for further corrective surgery. Further surgery increases the risk of complications, such as septicaemia (blood poisoning) and also increases overall recovery time.
Even if you have signed a consent form accepting the risks of a surgical procedure, you may still be able to make a claim if negligence of failures in medical care are proven.
In some cases a bowel injury may have been preventable with the appropriate level of medical attention and care. For example, a perforated or leaking bowel should be urgently repaired to prevent septicaemia, or a blocked or twisted bowel should be treated by medical staff as a surgical emergency.
Quittance's network of solicitors can also assist with bowel cancer misdiagnosis claims, damage to bowels during childbirth and damage following radiotherapy.
Medical staff may fail to identify potential causes of bowel injury, or there may be an error or failures in the speed and standard of care provided. Where bowel injury has been caused as a result of medical negligence, or failures in standards of medical care, it may be possible to make a bowel injury claim.
Bowel injury caused by high impact collision
Bowel injury may also be sustained due to a high impact collision, such as in a car accident. In this case, a bowel injury claim may be made against the party responsible for the collision which caused the injury.
Your solicitor will assist with identifying the driver or company responsible. It is possible to claim in the event even if the other driver is untraceable.
The amount of money you could claim for your bowel 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 bowel 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 bowel 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
Bowel injury compensation amounts
The following bowel injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth 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|
|Bowel injury||Moderate||Penetrating injuries with some permanent damage||£10,040 to £19,520|
|Bowel injury||Serious||Serious abdominal injury||£35,540 to £55,590|
|Bowel injury||Severe||Total loss of natural bowel function||Up to £119,650|
|Digestive system||Moderate||Serious non-penetrating injury with ongoing sympto||£13,380 to £22,130|
|Digestive system||Moderate||Moderate non-traumatic injury||£3,150 to £7,600|
|Digestive system||Severe||Severe toxicosis||£30,630 to £41,860|
|Digestive system||Severe||Severe damage with ongoing symptoms||£34,280 to £49,350|
|Digestive system||Serious||Penetrating wounds, lacerations or serious pressure||£5,280 to £10,040|
|Digestive system||Serious||Serious non-traumatic injury||£7,600 to £15,200|
|Digestive system||Minor||Minor non-traumatic injury||£730 to £3,150|
What is the average injury compensation for a bowel 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 bowel injury will depend entirely on your specific circumstances.
Your bowel 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.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Bowel injury compensation
Calculating how much compensation you can claim for a bowel 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 bowel injury claim could be worth now:
How long does a bowel injury claim take?
The length of time needed to secure compensation for a bowel injury can vary considerably.
For example, a straightforward liability accepted injury claim can settle in a couple of months. However, if liability is denied the process might take longer. Typically, an injury claim takes between 4 and 9 months. To read more about how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your bowel 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:
How does no win, no fee work?
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a bowel injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
Our no win, no fee guarantee
Our no win, no fee guarantee means there is zero financial risk in making a bowel 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 bowel injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my bowel injury claim?
If your bowel injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
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
Bowel 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 bowel injury claim?
In general, you have a time limit of up to 3 years from the date of the bowel injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your bowel injury claim becomes 'statute barred'.
Can I claim for a bowel 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 bowel injury compensation.
In reality, there are a number of factors that can affect whether a bowel 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
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert