By Jo Anderson. Last Updated 6th February 2024. In this guide, we look at the circumstances in which you could make a kidney injury compensation claim. If you’ve suffered a damaged kidney due to someone else’s fault, we explain how much compensation you could receive, and provide a list of compensation payouts for UK claims that you could use as guidance.
People can suffer kidney injuries because of an accident that was not their fault.
To see if you can begin your compensation claim for a kidney injury, please get in touch with us today:
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Select A Section
- What Are The Criteria For Making A Kidney Injury Compensation Claim?
- How Long Do I Have To Claim For Kidney Injury Compensation?
- What Evidence Do You Need To Make A Kidney Injury Compensation Claim?
- Kidney Injury Compensation Claim Settlements And Payouts
- Claiming Kidney Injury Compensation On A No Win No Fee Basis
- Read More About Kidney Injury Claims
There are lots of different daily situations where you could suffer an injury to your kidney. These include:
- A public liability accident. While you are in a public place, the controller of the space owes you a duty of care. This means that they must ensure your reasonable safety while you are in that space. It is set under the Occupiers’ Liability Act 1957. Should they breach this duty, and you suffer an injury to the kidney as a result, you could be eligible to seek compensation for a kidney injury.
- An accident at work. Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take all reasonably practicable steps to keep you safe while you are working. If your employer breaches this duty and you suffer an injury as a result of this breach, you could make a personal injury claim.
- A road traffic accident. Road users owe each other a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others. To uphold this duty, road users should comply with the Road Traffic Act 1988 and any relevant rules and regulations found in the Highway Code. If another driver breaches this duty and you suffer an injury as a result, you could be entitled to compensation.
In order to make a kidney injury compensation claim, you must be able to prove that you suffered your injury because another party breached the duty of care that they owed you.
If you are eligible to make a kidney injury compensation claim, you would only have a certain amount of time to begin legal proceedings. The Limitation Act 1980 states that generally, all personal injury claims must be started within 3 years of the accident date.
There are some exceptions to this limitation period, however. For example, a child cannot start their own kidney damage compensation claim until they turn 18. Therefore, the limitation period would pause until their 18th birthday. During the pause, a litigation friend could start a claim on their behalf. If no claim is made, and the child turns 18, they would have three years from their 18th birthday to begin the claiming process.
Those who lack the mental capacity to start their own claim will have the time limit suspended. While is it suspended, a litigation friend could claim on their behalf. If no claim has been started and the person regains the required mental capacity, they would have three years from the recovery date to start their own claim.
To see whether you have enough time to begin a personal injury claim for your kidney injury, you can contact a member of our advisory team.
As we’ve already mentioned, the first step to starting a kidney injury compensation claim is establishing negligence. Once you have identified whether or not you have a valid claim, then the next step is to gather evidence.
Evidence is extremely important, as it helps support and strengthen your claim. For example, evidence can help illustrate the severity of your kidney injury, as well as the effects that it will have on your daily life.
Some examples of evidence that you could collect include:
- Witness statements: While you can’t take these statements yourself if you take the contact details of witnesses, then a professional can take their statement at a later date.
- Medical records: Your medical records can offer further insight into both your injuries and the treatment you will need going forward, as well as the treatment you’ve already had.
- Financial records: If your injuries affected your finances, it can be a good idea to keep any relevant receipts or bank statements, as you may be able to claim these costs back.
- Photographs: This can include photographs of the accident site, including any hazards that resulted in the incident and your subsequent injury, for example, an uneven curb. These can be useful when claiming, as they can help prove how the accident occurs.
One of the benefits of working with a solicitor when you claim kidney injury compensation is that they can help you collect this evidence. To find out if one of our solicitors could help you, get in touch with our team today.
Settlements for successful kidney injury compensation claims may consist of two parts. These are general damages and special damages.
The first part of your compensation, should your claim prove successful, is general damages. This is to compensate you for the physical pain and mental suffering that has been caused by the kidney injury you sustained. It is awarded in all successful personal injury claims
Those responsible for assigning value to injuries may refer to the Judicial College Guidelines (JCG) for guidance. The JCG is a document that provides guideline compensation amounts for different types of injuries and illnesses, including traumatic kidney injuries.
In our table below, we look at a few figures that might be relevant for kidney injuries from the JCG 16th edition. We’ve also provided a figure in the top row that shows you how much you could be awarded for more than one serious injury and special damages. This figure is not taken from the JCG.
Type Of Kidney Injury Possible Settlement About Kidney Injuries
Multiple serious injuries combined with financial costs and losses. Up to £300,000+ Combinations of serious injuries with associated financial expenses, such as care costs and medical expenses.
Kidney Injury (a) £169,400 to £210,400
A serious and permanent injury to both of the kidneys, or the loss of both kidneys.
Kidney Injury (b) Up to £63,980 A kidney injury where the person also faces significant possible harm in the future such as a urinary tract infection. This category could also include injuries causing the loss of natural kidney function.
Kidney Injury (c) £30,770 to £44,880
Where the person has lost one of their kidneys but where the other kidney has no injury.
You may also be entitled to recover special damages as part of your compensation claim. Special damages compensate for any expenses incurred as a result of having suffered a kidney injury. You could be reimbursed for:
- Travel expenses to attend dialysis procedures and other medical appointments.
- Loss of earnings for time off work.
- Home help, such as with cleaning.
- Nursing or caring costs.
If you would like to claim special damages for expenses caused by your kidney injuries, you should save the evidence of your costs. For example, copies of the receipts for any prescriptions you needed or bus tickets to your medical appointments.
To discuss how much your claim could be worth, contact our advisors for a free valuation. They can also advise you on what evidence you may need to submit to claim under special damages.
If you are eligible to make a kidney damage compensation claim, one of our solicitors may be able to assist you with your case. If they agree to take on your case, they may offer to represent you under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
With this particular arrangement in place, you typically won’t be expected to pay your solicitor any upfront or ongoing fees for their services. Additionally, you will not be required to pay them for the work they have provided if your claim fails.
However, if your kidney injury compensation claim is a success, your solicitor will deduct a success fee from the compensation awarded to you. The percentage that this fee can be is subjected to a legal cap.
To see whether you may be eligible to work with one of our No Win No Fee solicitors on your personal injury claim, you can contact a member of our advisory team today. They can be reached by:
The below guides could be of further use to you.
- £82,500 Compensation Payout For Delayed Diagnosis Of Kidney Failure Negligence
- MRSA Negligence Claims Guide
- Misdiagnosis Claims Guide
- The NHS’s ‘Think Kidneys’ campaign
- Autosomal dominant polycystic kidney disease: an NHS guide
- Compensation after an accident or injury: a Government guide
Thank you for reading our guide to claiming kidney injury compensation.