Digestive System Problem Compensation Claims
If your life, or the life of a loved one, has been affected by a digestive system injury we can help.
The purpose of this guide is to help anyone who has suffered a digestive system 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
digestive system problem compensation:
The digestive system is an immensely complex internal system within the body that transforms the food we eat into energy. It involves four main stages: Ingestion, mechanical and chemical digestion, absorption and egestion.
Most of the body's internal organs are involved in the digestion process, and as such if they are injured the digestive system can be upset. If you have digestive system problems as a result of an accident that was not your fault, you may be entitled to compensation.
Do I have a digestive system problem claim?
It should be possible to make a digestive system problem claim if your injury occurred:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
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 digestive system problem claim on their own behalf.
The amount of money you could claim for your digestive system problem 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 digestive system problem 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 digestive system problem? (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
Digestive system problem compensation amounts
The following digestive system problem 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.
|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 digestive system problem 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 digestive system problem will depend entirely on your specific circumstances.
Your digestive system problem 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.
Can I claim for an existing digestive system problem that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Will I have to pay tax on my digestive system problem compensation?
If you receive financial compensation following a digestive system problem injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Digestive system problem compensation
Calculating how much compensation you can claim for a digestive system problem 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 digestive system problem claim could be worth now:
How long does an injury claim take?
The length of time needed to secure compensation for a digestive system problem can vary considerably.
For example, a simple liability accepted injury claim could be settled in a matter of weeks. However, if liability is denied a claim can take substantially longer. Normally an injury claim takes 4 to 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 digestive system problem 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.
About digestive system problems
Healthy digestion is an important part of living a healthy life. Many factors can cause damage to the digestive system. Some common injuries that can cause damage to the digestive system include:
- Stab wounds (see: Criminal Claims)
- Industrial lacerations
- Seat belt pressure
- Ingesting chemicals
- Car accidents causing damage to internal organs
- Food poisoning
Injured internal organs can damage the digestive system, leading to further medical complications. This could include Irritable Bowel Syndrome (IBS), gastroenteritis, difficulty digesting some food types, and extreme sensitivity or allergies to some food groups, as well as a number of other problems like kidney or liver failure.
Making a compensation claim for digestive system problems
In order to make a compensation claim, a third party must be responsible for the injured digestive system. A claim of negligence will be made against the third party for failing in their duty of care. A third party might be:
If the injury was sustained in a fight or in a car accident that was not your fault.
This could be a hotel company for example if the injury happened on holiday, or the manufacturer of a food item if this caused the injury to the digestive system.
If the injury happened at work the employer may be found responsible. This would be employer negligence.
What can I claim compensation for?
Depending on the severity of the digestive system problem, compensation can be claimed for the following:
- Pain and suffering caused as a result of the injury
- Impact on lifestyle and quality of life
- Long-term health impact
- Income lost as a result of incapacitation
- Psychological damage as a result of injury
- Any medical costs incurred.
Some people will be affected by digestive system problems for the rest of their lives. This will impact on their quality of life and may result in further illness. Compensation can go some way to help alleviate suffering and discomfort.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
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 digestive system problem 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.
No win, no fee guarantee
Our no win, no fee guarantee means there is absolutely no financial risk in making a digestive system problem 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 digestive system problem claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only 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 digestive system problem claim?
If your digestive system problem claim is not successful then you won't have to pay your solicitor any fees. 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.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. digestive system problem claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
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
Digestive system problem 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 digestive system problem claim?
In general, you have a time limit of up to 3 years from the date of the digestive system problem to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your digestive system problem claim becomes 'statute barred'.
Can I claim for a digestive system problem 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 digestive system problem compensation.
In reality, there are a number of factors that can affect whether a digestive system problem 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.
Howard Willis, Personal injury solicitor
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.