If a spleen injury has set you back, we'll help you move forward
If your life, or the life of a loved one, has been affected by a spleen 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 spleen injury compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
Blunt trauma is the most common cause of spleen injury claims. The trauma can occur during a road traffic accident, a fall from height or through a criminal act. According to the BMJ (formerly the British Medical Journal) up to 45% of patients with blunt abdominal trauma will have a splenic injury.
If the trauma was caused by third party negligence, compensation can be sought. Criminal compensation claims can be made through the CICA.
A spleen can also be damaged during surgery. This is known as an iatrogenic injury and can lead to a claim for medical negligence.
If you decide to make a spleen injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
If you are looking for information on spleen injury symptoms and treatment, visit: spleen problems (nhs.uk).
Common spleen injuries
There are three main types of spleen injury that can occur, which vary in severity:
A spleen contusion is bruising of the spleen and is the least serious condition. However, it can still have unpleasant side effects. This type of injury usually recovers well on its own, provided there are not any complications. However, a hospital stay is generally required for monitoring.
A surface tear or laceration, a ruptured spleen is the most serious type of spleen injury. As well as pain, bruising and swelling of the abdomen, a person can go into shock, suffering internal blood loss, rapid breathing and low blood pressure. It is considered a medical emergency requiring surgical intervention.
An enlarged or swelling of the spleen is usually the result of an illness, although it can occur through injury. It does not always produce symptoms but when it does these can include feeling full quickly after eating and pain in upper left side of the abdomen.
For the person affected, a spleen injury can have a significant impact and this will be taken into account during a claim.
Besides the initial pain and suffering, the affected individual may be unable to work or carry out normal every day activities for a period of time. This can lead, not only to financial strain, but also to psychological distress.
In addition, other health complications such as sepsis and infection can occur. And in cases of severe spleen injury, in particular rupture, the spleen may have to be removed. Removal of can mean the individual has to manage a life-long weakened immune system.
Liability depends on the context in which the spleen injury occurred. After a condition has been diagnosed, it must be demonstrated that the injury was the result of third party negligence - that a third party had a legal ‘duty of care' towards the person injured and did not meet it.
Blunt trauma injury
The majority of cases of blunt trauma to the abdomen are caused by road traffic accidents. In these cases another road user would be liable if their actions were at fault. By not acting in a safe manner, failing to adhere to the Highway Code or driving dangerously, a road user could be deemed negligent for causing injury to the person affected.
If blunt trauma occurred in the workplace, for example during a fall or from faulty or misuse of work equipment, an employer would be liable if their actions or inactions were the cause.
This failure to safeguard an employee comes under a range of legislation, but primarily the Health and Safety at Work etc. Act 1974.
Although less common, spleen injuries due to medical interventions do occur. Most frequently these are tears and lacerations during abdominal surgery, such as a gastrectomy or open hernia repair. For injuries sustained during surgery, a claim would likely be made against the NHS or a private hospital.
Do I have a spleen injury claim?
As a basic rule, you will be eligible to make an injury claim if you were injured:
- in the last 3 years, and;
- another person or organisation was to blame, and;
- they owed you duty of care.
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.
What happens if I share some of the blame?
Figuring out who is legally at fault for an accident can sometimes be complex and nuanced.
According to our recent 2023 Personal Injury Claimant Survey, 13.99% of respondents thought that their actions could have contributed, either in part or wholly, to their injuries.
Claiming compensation is still an option even if you were partly at fault. These contributory negligence cases are typically resolved with a split-liability agreement.
How long do I have to start a spleen injury claim?
In most cases, you have 3 years from the date of your accident or injury.
You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.
If you were injured when you were under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start an injury claim.
How much compensation can I claim for a spleen injury?
The amount of money you could claim for a spleen injury will depend on:
- the severity 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.
Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.
Updated December 2023
Compensation Calculator v3.04
Average spleen injury general damages compensation
The following spleen 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).
|Spleen injury||Low risk of infection||£3,950 to £7,850|
|Spleen injury||Higher risk of infection||£18,910 to £23,900|
Can I claim for PTSD or other psychological trauma?
If you have experienced psychological issues in addition to physical symptoms, you are not alone.
Our 2023 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.
Spleen injuries can lead to concerns about the immune system's efficacy and anxiety over potential organ removal.
Your solicitor will help ensure that any psychological harm you have suffered as the result of another party's negligence is recognised and included in the calculation of your compensation award or settlement. In addition, you can also claim for mental health treatment costs that may not be readily available on the NHS.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
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 is compensation awarded to cover any financial losses and expenses you incur as a result of your spleen injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.
Special damages will also cover your medical treatment expenses, that might include surgery, monitoring, fluid resuscitation and pain medication.
How did your injury happen?
Claiming compensation for a spleen injury is dependent on how your injury occurred. Click the icons below for more detail:
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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Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.