Hernia Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a hernia injury we can help.
The purpose of this guide is to help anyone who has suffered a hernia 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
hernia injury compensation:
If you have sustained a hernia injury, you may experience ongoing pain and problems with mobility. The groin and abdomen are the areas most likely to be affected by a hernia.
UK courts recognise that hernia injuries can cause considerable pain and suffering.
A hernia can restrict your ability to work and prevent you from enjoying hobbies and other activities.
If your hernia injury was caused by another person's negligence, a claim for compensation may be possible.
Causes and symptoms
Although hernias can be brought on by injury, pregnancy or ageing, the most common cause in hernia or double hernia compensation claims is physical stress.
Most often, this is the result of incorrect manual handling of heavy objects in the workplace - with the groin and abdomen the areas most likely to be affected.
The most common type of abdominal hernia is an 'inguinal hernia'. This type of hernia occurs when fatty tissue, or a part of a bowel, pokes through into the groin at the top of the inner thigh.
Other types of abdominal hernia linked to physical stress include:
Another familiar type of hernia seen in compensation cases is hernia of the spine or spinal discs (a slipped disc). A spinal hernia can lead to sciatica, resulting in lower back and leg pain. Incisional hernias caused by a weakness or tear at the site of a previous surgical incision are also common claims.
Treatments for hernia vary, with hand manipulation being one. However, if there is concern that it could lead to bowel obstruction or strangulation - where the blood supply is cut off - surgery will be required. Surgery in itself poses further risks, including the possibility of negligent hernia surgery.
Do I have a hernia injury claim?
It should be possible to make a hernia injury claim if your injury happened:
- in the last three years, and;
- someone else was to blame, 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 hernia injury claim on their own behalf.
What if the other party denies liability?
If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your hernia injury. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.
Who is liable?
For a compensation claim to be successful, your solicitor will need to demonstrate that the hernia was the direct result of the actions of another.
A claimant arguing that activities in the workplace caused the hernia must be able to prove that the activity was indeed the cause. A medical report will be necessary to confirm this.
If 'causation' is established, the employer would be held liable under a range of legislation, but primarily:
- The Manual Handling Operations Regulations 1992
- The Management of Health and Safety at Work Regulations 1999
Both of these regulations require employers to ensure the safety and well-being of their employees. This includes carrying out adequate risk assessments and implementing health and safety procedures, such as providing staff training on load weight and risk of hernia.
More specific requirements relating to ergonomics (the fit between the work, workers and the workplace) also exist. The physical aspects of a person such as weight, build, strength, fitness, posture and any muscle strains or stresses must be taken into account.
A claimant suffering a hernia attributed to clinical or surgical intervention must be able to prove that the actions of the medical staff were indeed negligent. The same must be proven in cases for hernia surgery - when the procedure to repair a hernia causes further suffering.
Medical staff have a legal 'duty of care' towards their patients and a code of practice to follow.
If their patients suffer harm that was the direct result of their actions, they could be held liable. In these cases, a solicitor will consider questions such as:
- Did avoidable errors occur during surgery?
- Did the hernia re-occur due to poor application of the repair surgery?
Medical reports and expert professional opinion will be critical.
The amount of money you could claim for your hernia 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 hernia 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 hernia 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
Hernia injury compensation amounts
The following hernia 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.
|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|
|Pelvis and hip injury|
|Pelvis and hip injury||Minor||Soft tissue injury||Up to £3,150|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious back injury can be £30,000
For a more minor shoulder injury, in isolation, you would typically receive £5,000.
However, if you have a serious back injury and a more minor shoulder injury, you would typically receive £30,000 + a reduced percentage of £5,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a hernia 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 hernia injury will depend entirely on your specific circumstances.
Your hernia injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I see the complete judicial college tables?
The table above (excerpted from the Judicial College Tables) shows the most common hernia injury claims. To see the complete list see: Judicial College Injury Tables.
Can I claim for prescription costs?
Special damages are awarded for costs or losses incurred as a result of the hernia injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.
Calculate my hernia injury compensation
Calculating how much compensation you can claim for a hernia 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 hernia injury claim could be worth now:
How long does a hernia claim take?
The length of time needed to get compensation for a hernia can vary considerably.
For example, a simple liability accepted injury claim can settle 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. See more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your hernia 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 takes all of the risk out of making a hernia injury claim. If you do not win any compensation, you won't have to pay your solicitor any legal fees.
No win, no fee promise
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a hernia injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my hernia injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after 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 hernia injury claim?
If your hernia 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, and 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 376 1001 or arrange a callback:
if you can claim
to start a claim
Hernia 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 hernia injury claim?
In general, you have a time limit of up to 3 years from the date of the hernia injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your hernia injury claim becomes 'statute barred'.
Can I claim for a hernia 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 376 1001 to find out if you are still able to claim hernia injury compensation.
In reality, there are a number of factors that can affect whether a hernia 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.
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.