Internal Organ Injury Compensation Claims
The body’s internal organs perform vital functions necessary for everyday living and survival. There are five organs essential for survival and these are the brain, heart, lungs, kidneys, and liver. There are other organs which, although not essential for survival, if damaged during an accident can have life-changing consequences. These can include infertility, reduced life expectancy, the need for organ transplants and lifelong medical care.
There are numerous reasons that someone could suffer internal organ injury, it could be down to a surgical error, the result of an assault or an injury acquired during a road traffic accident but in almost all cases the injury is caused by significant blunt-force trauma or by penetrating trauma to the body. There are exceptions to this, these are normally related to existing medical conditions, infections, poisoning, both intentional or accidental and allergic reactions.
If you, a family member, or someone you know have been the victim of an internal organ injury due to the negligent actions of somebody else, then you are entitled to claim compensation for the pain and suffering you’ve experienced. The personal injury claim experts at Sheldon Davidson Solicitors have a long track record of successfully settling a varied range of internal organ injury compensation claims, so call us and we can offer professional legal advice on how best to move your claim forwards.
How could compensation help you?
Any financial settlement awarded in an internal organ injury claim is intended to compensate you for the pain, suffering and mental anguish you have suffered as a result of your injury. Although money cannot repair the physical damage done, it can help alleviate some of the financial burdens and provide financial support for your medical treatment, ongoing care, and your future. Considering this, your compensation can be used in a variety of ways including:
- Covering loss of earnings
- Ongoing medical treatment and specialist treatment not available on the NHS
- Psychological support, enabling access to psychologists and therapists to help deal with the after-effects of the injury
- Finance any required care at home
- Fund adaptations to your home and your vehicle
Your compensation claim settlement will be based on the type and severity of your injury, whilst also considering the emotional, mental, and psychological impact the injury has had and will continue to have on you in the future. Your financial settlement will incorporate both General Damages and Special Damages.
General Damages - These damages relate to the type of injury you have sustained and the severity of it. It will also consider the effect on your quality of life and your ability to enjoy things you once did. For instance, if your favourite leisure activity was going for walks with your dog and you are no longer able to do that, that will be considered under the ‘loss of amenity’ provision.
Special Damages - These relate to the financial costs you have incurred as a result of the injury, as well as compensating you for the financial losses you have suffered in being unable to work throughout the injury, during your recovery and potentially into the future.
The figures below are based on the guidelines provided by the Judicial College and are intended as a guide for the general damages only. Because the special damages relate to the costs incurred and the financial losses suffered, these will be unique in every case, so no special damages have been factored into the figures below.
Heart, Lungs, Kidneys, Liver, Bladder & Stomach Injury Compensation Settlement Amounts
Damage to the heart necessitating a heart transplant and ongoing care
Up to £100,000
Serious damage to the heart affecting life expectancy
Loss of one lung
Lung cancer, mesothelioma, and other industrial diseases
Lasting significant damage to both lungs causing breathing issues
In the region of £30,000
Minor lung damage with permanent respiratory effects
Temporary damage to the lungs, potentially causing respiratory problems for the short-term
Kidney Damage and Kidney Injuries
The loss of or the loss of function of both kidneys
In the region of £100,000
The loss of or the loss of function of one kidney
In the region of £25,000
Complete loss of the bladder or bladder function
In the region of £75,000
Serious life-long bladder issues
In the region of £40,000
Serious temporary bladder issues
Complete loss of or loss of use of the bowels
In the region of £100,000
Loss of or loss of the use of part of the bowel
In the region of £50,000
Life-long disabling stomach pain due to serious incident
In the region of £35,000
Life-long stomach problems, such as IBS
In the region of £15,000
Short-term loss of full bowel function
Reproductive Organ Injuries
Loss of or loss of use of the reproductive organs with ongoing symptoms, scarring and loss of the ability to have a family
Depending on whether there are lasting symptoms and what level of disablement is caused
Common Causes of Internal Organ Injuries
The skeleton is designed to protect the body’s vital organs and in normal everyday life, they remain well protected. However, when subjected to unexpected trauma, the organs can be damaged, resulting in serious and in the worst case fatal injuries. There are two types of trauma which can result in damage to internal organs and these are:
Blunt force trauma: this is the result of the body colliding with something at high speed typically during a motor vehicle or motorbike accident, a fall from a height, or injuries sustained during a physical attack.
Penetrating trauma: this is the result of an object piercing the skin and one or more organs. Examples would include gunshot wounds, knife wounds and surgical instrument wounds (as a result of medical negligence).
Both types of trauma, resulting in internal organ injuries can cause internal bleeding which, if untreated, can cause death in a matter of hours.
Blunt force trauma and penetrating trauma injuries can come about in a variety of ways including:
- Road Traffic Accidents - By far the biggest cause of internal organ injuries, road traffic accidents lead to the victim suffering blunt force trauma injuries, penetrating trauma injuries and sometimes both. Affecting both the occupants of cars, the riders of bikes and motorbikes, as well as pedestrians hit by motor vehicles, internal organ injuries acquired in road traffic accidents can be severe and often affect multiple organs.
- Falls from height - Falls from height can cause internal organ damage if the height is sufficient and if the victim lands on a sharp object or a projecting edge, the injuries can be both blunt trauma and penetrating trauma.
- Physical Assault - Another common cause of internal organ injury, physical assaults can lead to blunt trauma injuries and penetrating injuries. A blunt trauma injury could be sustained during a kick to the stomach or a stamp to the head and a penetrating injury could be as a result of being stabbed or even shot.
- Surgical Negligence (Iatrogenic Injuries) - Puncturing or nicking a neighbouring internal organ or artery during a surgical procedure can have dire consequences if not corrected immediately. It has also been known for surgeons to leave surgical tools and materials inside the patient, leading to secondary injuries, infections, and further complications.
- Workplace Accidents - Crushing injuries, where the individual is trapped by machinery or pinned under a heavy load, can cause significant injury to the chest, resulting in blunt force trauma injuries and potentially penetrating injuries if, for example, the ribs fracture and puncture the lungs. There are many other potential ways in which you could suffer an internal organ injury including falls, objects falling on you and work vehicle accidents but workers in construction, farming and manufacturing tend to be at greater risk due to the nature of their work and the machinery/equipment that they use.
Common Types of Internal Organ Injury
Punctured Lung: This can occur as a result of broken ribs when one or more ribs pierce through and puncture the lung.
Ruptured Spleen: The Spleen is an abdominal organ and if ruptured can cause massive internal bleeding which can be profoundly serious. In such cases, immediate surgical removal of the organ is required.
Kidney Damage: The Kidneys can be found in the abdomen and damage often occurs as a result of blunt force trauma, which can be the result of a fall, a punch or kick, or colliding with something. A common indicator of kidney damage is when blood is present in the urine.
Bowel Damage: Bowel damage can occur as a result of blunt force trauma to the abdomen. Symptoms include severe abdominal pain, feeling nauseous, vomiting
Liver Injury: As one of the five vital organs any injury to the Liver is potentially life-threatening. Liver injuries are common in both blunt force and penetrating trauma due to its frontal location in the abdomen and such injuries are the primary cause of death in severe abdominal trauma.
Ruptured Aorta: The Aorta is the main artery that transports blood from the heart to the body and brain, any damage to this can have dire consequences, leading to internal bleeding and potential death.
How to make an Internal Organ Injury Compensation Claim
If you or a loved one have suffered the life-changing effects of an internal organ injury due to the incompetence or negligence or somebody else, Sheldon Davidson Solicitors' team of Manchester Personal Injury Lawyers will manage every phase of your internal organ injury compensation claim, maximising your chances of a successful claim and ensuring you receive the greatest levels of compensation available for your injury.
Sheldon Davidson Solicitors are internal organ injury claim experts with exceptional skill in settling all manner of internal organ injury compensation claims.
We have an enviable record of obtaining practical financial support and excellent medical care for our clients. To find out more about pursuing your internal organ injury compensation claim, contact our team or fill in our online claim form.