If an internal organ injury has set you back, we'll help you move forward
Internal organ injuries can be serious and potentially life-threatening conditions that can result from trauma, surgical complications, or accidents, and often require immediate medical intervention to prevent long-term health consequences. These injuries can disrupt bodily functions and may lead to chronic health issues, extensive medical treatment, and a lengthy recovery process.
If your life, or the life of a loved one, has been affected by an internal organ injury, we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
You can make a compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
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 qualify for internal organ injury compensation?
If you've been injured or made ill in the last three years and it wasn't your fault, then you will be entitled to claim compensation for internal organ injury.
Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
My injury was partly my fault - can I still claim?
Cases where the defendant and claimant are both partly to blame are actually quite commonplace in personal injury claims.
In our 2023 Personal Injury Claimant Survey, 13.99% of respondents believed they were partly responsible for their injuries, or were uncertain.
Claims are possible even when your actions partially caused the accident. In instances of 'contributory negligence', claims are usually settled with a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after an internal organ injury do I have to start a claim?
For most injury claims, you have up to 3 years from the date of your injury to start the claims process.
If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.
The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.
How much compensation can I claim for an internal organ injury?
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.
Internal organ injury
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General 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.
How is compensation calculated if I have multiple injuries?
Special damages
If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your internal organ injury such as surgery, monitoring, pain medication and antibiotics.
Read more:
A complete list of recoverable losses in a personal injury claim
Average internal organ injury general damages compensation
The following internal organ injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College.
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
| Injury | Severity | Example | Amount |
|---|---|---|---|
| Digestive system | |||
| Digestive system | Minor | Disabling cramps and diarrhoea | £830 to £3,590 |
| Kidney injury | |||
| Kidney injury | Moderate | Risk of future infection | Up to £58,160 |
| Kidney injury | Serious | Loss of one kidney | £27,970 to £40,800 |
| Kidney injury | Severe | Serious damage to both kidneys | £154,000 to £191,270 |
| Lung disease | |||
| Lung disease | Moderate | Slight breathlessness recovery in a few years | £9,670 to £18,910 |
| Lung disease | Serious | Breathing difficulties needing use of an inhaler | £28,460 to £49,850 |
| Lung disease | Severe | Lung cancer causing severe pain and impairment | £63,660 to £88,480 |
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
Workplace accidents
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.
See also:
Factory and manufacturing injury claims
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.
See also:
Pedestrian accident compensation claims
Motorcycle accident compensation claims
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 claims as a result of a ruptured aorta
- Hernia as a result of surgery
See also:
What happened?
Claiming compensation for an internal organ injury is dependent on how your injury occurred. Click the icons below for more detail:
FAQs
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No win, no fee internal organ injury compensation claims
With no win, no fee, you can claim internal organ injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
How we can help you with your injury claim
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.
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Author:
Jenny Jones, Senior litigator
About the author
With over 20 years' experience in the law, Jenny has spent the last decade specialising in personal injury, with a particular focus on industrial disease cases.