Internal Organ Injury Compensation Claims
If your life, or the life of a loved one, has been affected by an internal organ injury we can help.
The purpose of this guide is to help anyone who has suffered an internal organ 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
internal organ injury compensation:
Compensation claims for injuries internal organ can arise from a variety of situations, from road traffic accidents to accidents in the workplace and criminal acts. Although more commonly the result of blunt trauma, injuries to internal organs can also occur as the result of surgical error.
When assessing compensation awards, the Courts recognise that damage to one or more internal organs can lead to significant pain and suffering. In many cases, the injury also requires a lengthy recovery period, which will also be factored into an award.
Do I have an internal organ injury claim?
As a basic rule, you will be eligible to make an internal organ injury claim if you were injured:
- 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 an internal organ injury claim on their own behalf.
The amount of money you could claim for your internal organ 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 internal organ 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 an internal organ 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
Internal organ injury compensation amounts
The following internal organ 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.
|Digestive system||Minor||Disabling cramps and diarrhoea||£730 to £3,150|
|Kidney injury||Moderate||Risk of future infection||Up to £51,000|
|Kidney injury||Serious||Loss of one kidney||£24,530 to £35,780|
|Kidney injury||Severe||Serious damage to both kidneys||£135,030 to £167,690|
|Lung disease||Moderate||Slight breathlessness recovery in a few years||£8,480 to £24,950|
|Lung disease||Serious||Breathing difficulties needing use of an inhaler||£24,950 to £55,830|
|Lung disease||Severe||Lung cancer causing severe pain and impairment||£55,830 to £108,370|
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 internal injury can be £43,000
For a less severe scarring, in isolation, you would typically receive £3,500.
However, if you have a serious internal injury and a less severe scarring, you would typically receive £43,000 + a reduced percentage of £3,500.
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 internal organ 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 internal organ injury will depend entirely on your specific circumstances.
Your internal organ 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.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following an internal organ 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?
Calculate my internal organ injury compensation
Calculating how much compensation you can claim for an internal organ 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 internal organ injury claim could be worth now:
How long does an internal organ injuries claim take?
The length of time needed to secure compensation for an internal organ injury can vary considerably.
For instance, a simple liability accepted injury claim could be settled in a matter of weeks. If the defendant denies liability, 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 internal organ 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.
Diagnosis and medical reports
Some internal organ injuries are easily diagnosed, for example where penetration has occurred or where symptoms are obvious. In other instances, a delay in diagnosis can occur as the injuries are not always immediately apparent. This can lead to a deferral in treatment and further complications, such as major blood loss, infection or organ failure.
A prompt and correct diagnosis is an important step not only for recovery, but also when pursuing a claim. Medical reports and expert opinion can provide vital evidence, including detailing the cause of the injury.
Common internal organ damage claims
Many injuries to internal organs are sustained in the workplace. Workers in certain industries, such as construction and manufacturing, are particularly at risk. Classified as 'major incidents' by RIDDOR, examples of injuries that result in organ damage include, crush injuries caused by forklifts and similar vehicles and blunt trauma injuries sustained through falls or after being struck by a moving object.
Road traffic accidents
Road traffic accidents are another major cause of internal organ injuries. They can affect drivers, passengers and pedestrians alike. Examples include receiving blunt trauma from a seatbelt or steering wheel on impact, being crushed by a car or motorbike or receiving a deep puncture wound from sharp material such as glass or metal.
Surgical negligence (iatrogenic injuries)
Whenever a person undergoes a surgical procedure, there is always a possibility of damage to the organ being operated on or an adjacent organ. For example, a hysterectomy could result in perforation of the bowel, kidney surgery could result in damage to the liver or a slip of the knife could cause an unwelcome incision in the heart.
Claims for criminal injury
A claim for criminal injury compensation can be made even in the event that the identity of the assailant is unknown.
Claims of this kind are made through the Criminal Injuries Compensation Authority (CICA). Your solicitor will be able to assist with claims made to CICA.
Although injuries can affect any of the internal organs, some are more commonly seen in compensation claims. These include:
- Ruptured spleen caused by abdominal trauma
- Liver, kidney or bowel damage caused by abdominal trauma
- Perforation of the bowel during surgery
- Punctured lung caused by broken ribs
- Heart or brain injury as a result of a ruptured aorta
- Hernia as a result of surgery
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 risk
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an internal organ 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.
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making an internal organ injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my internal organ 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 internal organ injury claim?
If your internal organ injury 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.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
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
Internal organ 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 an internal organ injury claim?
In general, you have a time limit of up to 3 years from the date of the internal organ injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your internal organ injury claim becomes 'statute barred'.
Can I claim for an internal organ 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 internal organ injury compensation.
In reality, there are a number of factors that can affect whether an internal organ 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.