Hernia Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a hernia injury, we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
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 an injury claim?
It should be possible to make an injury claim if your injury happened:
- in the last 3 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 an injury claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a hernia injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
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 injury will depend on:
- the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
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 an 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 an 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 an injury will depend entirely on your specific circumstances.
Your 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.
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 injury compensation
Calculating how much compensation you can claim for an 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 injury claim could be worth now:
How long does a hernia claim take?
The 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?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and 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.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 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 decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
How does no win, no fee work?
No win, no fee takes all of the risk out of making an 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 an injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my 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 injury claim?
If your 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.
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 we can help you
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
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
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 feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
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 an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an 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 injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
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.