Hernias form when part of your body pushes through weak tissue or muscle. They most commonly occur in the abdomen. A hernia can happen naturally when coughing or giving birth, for example, but it can also be the result of an accident involving a sudden trauma. If your hernia injury was because of another person’s negligence or mistake, then you may be eligible to claim compensation.
In this guide to hernia injury claims, we’ll explain when a hernia could result in compensation being paid, how the claims process works, and how much compensation for a hernia you could be awarded.
Our team is here to help if you are contemplating starting a claim. To begin with, you’ll receive free legal advice about your chances of being compensated during a no-obligation consultation. Then you’ll be connected with one of our personal injury solicitors if your case has a realistic chance of being won and you’d like to proceed. If so they’ll represent you during the hernia injury claims process on a No Win No Fee basis. As a result, you won’t need to pay them anything for their work unless you’re compensated.
To talk to us about making a hernia compensation claim right away, please call us on 0800 6524 881. Alternatively, feel free to continue reading to learn more about your options.
Table of contents
- Am I Eligible To Make A Hernia Injury Compensation Claim?
- Common Causes Of Hernia Compensation Claims
- How Much Compensation For A Hernia Could I Claim?
- Hernia Settlement Amounts
- Evidence To Support A Hernia Injury Claim
- Hernia Injury Compensation Claims Time Limits
- Do I Need A Personal Injury Solicitor To File A Hernia Injury Claim?
As mentioned first off, hernias can occur naturally, and they often do. For example, they can simply be caused by excessive coughing! Therefore, before a hernia injury claim is taken on, your solicitor will check whether:
- The defendant in your case owed you a duty of care; and
- Their negligence meant that duty of care was broken; and
- As a result of their negligence, you sustained a hernia injury.
If you call for a free review of your claim, a member of our team will check whether you were owed a duty of care. Onc common example of this includes where employers must take reasonable steps to keep you safe at work.
After that has been checked, you’ll need to prove the extent of suffering you’ve had from the hernia, and why the defendant was to blame. We’ll explain how you can do that in a later section.
You might be able to claim compensation for any suffering caused by a hernia injury if it was sustained during an accident or incident caused by another party. For example, hernia injury compensation claims might be possible in the following scenarios:
- If you suffered a hernia related manual handling injury because you were asked to move excessively heavy loads in the workplace without the appropriate training.
- Where your hernia was caused by medical negligence during caesarean, appendix or other abdominal surgery.
- Where your abdomen was weakened by trauma during a car crash caused by another driver’s negligence.
If you’ve sustained a hernia injury and would like to see if you could be compensated, please get in touch.
Workplace incidents are one of the most common reasons for hernia injury compensation claims. Some roles are more at risk of hernia injuries than others including:
- Lorry drivers and couriers.
- Tradesman including builders.
- Agricultural and farmworkers.
- Distribution and warehouse staff.
- Factory and manufacturing employees.
- Healthcare workers who need to lift and move patients.
To file a claim for hernia injury in the workplace, you must have enough evidence to prove that a particular work-related activity was the cause of your injury and that your employer failed to provide you with the proper guidelines or the appropriate equipment to carry out the job safely.
Solicitors use two heads of loss when calculating compensation for a hernia injury. General damages are sought to cover the suffering your hernia has caused and special damages are used to reimburse you for any costs you’ve incurred because of your hernia.
Not all claims are the same but compensation for a hernia injury claim could cover:
- The physical pain and suffering caused by your hernia injury.
- Any mental harm the injury caused (depression, anxiety, stress etc).
- Earnings lost as a result of your hernia.
- The impact your hernia has on your social life, hobbies and family (loss of amenity).
- Care costs to cover the time of a loved one or professional carer if needed.
- Future loss of earnings if your hernia means you’ll lose income in the long term.
- Travel costs.
- Medical expenses including prescription fees and private medical care in some cases.
The exact amount of compensation paid for a hernia in a successful claim is based primarily on the severity of the injury. For that reason, you’ll typically need a medical examination during your claim. This will be carried out by an independent expert and will usually take place locally.
During the assessment, the expert will discuss how the hernia has affected you before examining you and reading your medical notes. They will then prepare a report to explain your injuries and prognosis. This report will help to determine what amount of compensation will be paid if you win your case.
To see if one of our solicitors can help you claim compensation for a hernia, please call our team today on 0800 6524 881.
- £14,900 to £24,170 compensation for a hernia injury with continuing pain and/or employment, physical/sports activities are limited after repair.
- £7,010 to £9,110 compensation for direct inguinal hernia where after repair there may be a risk of recurrence.
- £3,390 to £7,230 compensation for an uncomplicated indirect inguinal hernia and no other associated abdominal damage.
These figures are not guaranteed so please use them for reference only. If your case is accepted by one of our solicitors, they’ll do all they can to secure the maximum hernia settlement amount possible to cover your suffering.
To support a hernia injury claim, you should try to collect evidence to prove how your hernia was sustained and how serious it was. This could include:
- Photographic evidence. To show how your accident occurred, it’s a good idea to take pictures at the accident scene. Furthermore, you could photograph your hernia and any visible injuries while you’re suffering.
- Camera recordings. If you sustained a hernia in an accident that was recorded by CCTV or a dashcam, you should request a copy of the footage as soon as possible.
- Medical notes. Your GP can be contacted to ask for a copy of their notes relating to your diagnosis. If they referred you for hernia surgery, notes from the hospital could also be requested.
- Witness details. Statements from anybody who saw your accident occur can be requested by your solicitor if liability for the incident is not obvious or if the defendant contests it.
- Accident report forms. If your accident happened on a company’s premises or in a public place, it should be recorded in an accident report book. Your copy of the report can be a useful method of proving when and where the incident occurred.
If you would like us to check if you have enough evidence to proceed with a compensation claim for a hernia injury, please call our team today.
Any personal injury claim in the UK is bound by a 3-year limitation period. This will either start on the date you suffered the hernia or when a doctor diagnosed your hernia.
We would recommend that you take action as soon as possible to allow your solicitor the time needed to arrange for a medical assessment and to collect evidence to support your case. Also, when starting early, it might be possible for your solicitor to arrange for private medical treatment to be paid for by an interim payment by the defendant.
If liability for your injury is accepted quickly, you could be paid compensation for a hernia in a matter of months. However, the case could take longer than a year if it is contested or if further medical evidence is needed to prove how you’ve suffered.
No, you do not, however, winning a hernia injury compensation claim is typically not easy for those not specialising in personal injury law. In most cases, the claim would have been filed against a company or a medical establishment. Both of these entities will almost certainly have specialist lawyers to represent them. Unless you are familiar with the law and legal formalities, you will inevitably always be at a disadvantage.
Our personal injury solicitors on the other hand have vast experience with filing compensation claims and are ready to help you begin your hernia injury claim now if you want to take action. One simple call to 0800 6524 881 is all it takes to start the ball rolling.
If your claim is strong enough, we’ll appoint one of our personal injury solicitors to it and they’ll work to secure compensation for you on a No Win No Fee basis.
Please let us know if you have any additional questions about hernia injury compensation claims via live chat or by calling our free advice centre.