Spleen Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a spleen injury we can help.
The purpose of this guide is to help anyone who has suffered a spleen 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
spleen injury compensation:
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.
Do I have a spleen injury claim?
You should be eligible to make a spleen 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.
Do I have a claim? - 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 spleen injury claim on their own behalf.
Can I make a spleen injury claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on a spleen injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
The amount of money you could claim for your spleen 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 spleen 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 spleen 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
Spleen injury compensation amounts
The following spleen 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.
|Spleen injury||Low risk of infection||£3,470 to £6,890|
|Spleen injury||Higher risk of infection||£16,580 to £20,950|
What is the average injury compensation for a spleen 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 spleen injury will depend entirely on your specific circumstances.
Your spleen injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I claim for prescription costs?
Special damages?are awarded for costs or losses incurred as a result of the spleen injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?
Spleen injury compensation
Calculating how much compensation you can claim for a spleen 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 spleen injury claim could be worth now:
How long does a spleen injury claim take?
How long it can take to settle a spleen injury claim can vary considerably.
For instance, a straightforward liability accepted injury claim could be settled in a few weeks. If the defendant denies liability, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. See more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your spleen 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.
Common spleen injuries
A diagnosis of a spleen injury is one of the first steps in a claim. This often occurs in hospital during an A&E visit. There are three main types of spleen injury that can occur, which vary in severity. These are:
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.
For 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.
For iatrogenic injury
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.
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 win, no fee' means that if you do not win your spleen injury claim, you will not have to pay any legal fees at all. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract entered into between you and the solicitor.
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 claiming compensation for your spleen injury. Read more about making a No win, no fee claim
What do I pay if I win my spleen injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my spleen injury claim?
If your spleen 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.
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, 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 612 7456 or arrange a callback:
if you can claim
to start a claim
Spleen 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 spleen injury claim?
In general, you have a time limit of up to 3 years from the date of the spleen injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your spleen injury claim becomes 'statute barred'.
Can I claim for a spleen 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 612 7456 to find out if you are still able to claim spleen injury compensation.
In reality, there are a number of factors that can affect whether a spleen 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.