The spleen plays a major role in keeping the immune system working efficiently and in regulating the supply of blood to the body. Any injury to the spleen can cause a lot of pain, require complicated surgery, and can be life-threatening. Importantly, if you have suffered a damaged, ruptured, traumatic, or loss of spleen injury that was not your fault, you may be eligible to claim compensation for the suffering caused.
In this guide to spleen injury claims, we’ll look at the types of accidents that could cause such an injury including road traffic accidents and workplace accidents. Additionally, we’ll show you how the claims process works and provide a compensation calculator so you can review how much compensation could be paid.
If you would like more information on making a spleen injury claim, please continue reading. Otherwise, give us a call today on 0800 6524 881 if you’d like to start your claim with us right away.
Table of contents
- Am I Eligible To Claim Compensation For A Spleen Injury?
- Useful Evidence In Loss Of Spleen Compensation Claims
- Incidents That Could Result In A Traumatic Spleen Injury
- How Much Compensation For Loss Of Spleen Could I Claim?
- Time Limits For Claiming Spleen Injury Compensation
- Advantages Of Claiming Compensation For Loss Of Speen Using A Solicitor
- Starting the Spleen Injury Claims Process
If you approach a personal injury solicitor about claiming compensation for your spleen injury, they’ll conduct a review before taking you on as a client. They will need to check whether:
- You, the claimant, were owed a duty of care by the defendant; and
- The duty of care was broken because of an act of negligence that resulted in an accident; and
- You suffered a damaged spleen because of the accident.
There are many ways to establish a legal duty of care. Usually, your solicitor will use legislation to do so. For example, road users have a duty of care to drive safely and protect other users due to the Road Traffic Act 1988. Another law that might be relevant is the Health and Safety at Work Act 1974. You won’t need to worry about which legal act applies in your case though, as your solicitor will determine this if they take on your claim.
Later on, we’ll review some scenarios where negligence could allow you to claim compensation for a loss of spleen. Before we do, let’s look at how you prove what happened.
An important part of the claims process is proving why you suffered a loss of spleen. Evidence should show a) what led to the accident happening, b) who was responsible and c) the extent of your injuries. Some examples of evidence that could help do this include:
- Photographs. Wherever possible, you should try to take pictures of the accident scene. The more you take the better and, ideally, the sooner the better.
- Medical records. Treatment for a traumatic spleen injury will usually be carried out in A&E. If you decide to claim compensation, you can contact the hospital to ask for a copy of your medical records. They could then be used as evidence for your claim.
- CCTV footage. If your accident was within range of a security camera, you should request for the footage to be sent to you ASAP. The same is true for dash cam footage.
- Witness details. If the defendant in your case says that they weren’t responsible for your accident, your solicitor could ask witnesses to describe what they saw. Therefore, write down the contact numbers of any witnesses present when you were injured.
- Accident reports. Businesses and workplaces must report any accidents they’re informed about in an accident report book. You are entitled to a copy. This can be a good way of proving the date, time and location of the incident in which you were injured.
Once you have as much evidence as you can obtain, why not call to let us review it with you for free?
The spleen is located inside the rib cage on the left of the stomach. Any trauma to this area can damage the spleen.
Let’s briefly look at some scenarios that could result in a compensation claim for a spleen injury. They include:
- Road Traffic Accidents (RTAs). Road traffic accidents are among the most common causes of spleen injuries and the need for a splenectomy. In a road accident, everyone involved, from the driver and occupants of the vehicle to pedestrians could experience a spleen injury. If you have suffered a spleen injury in a road traffic accident you may want to also refer to our RTA claims page here.
- Workplace accidents. Workplace accidents are another common cause. Traumatic spleen injuries in the workplace may be the result of faulty machinery or tools, inadequate training in the use of heavy equipment, slipping on wet flooring, tripping over obstacles or ripped carpeting.
- Slips, trips and falls. As above, you could claim if you damage your spleen after slipping on a wet floor in a shop, for example.
Some illnesses and infections such as leukaemia, Rheumatoid arthritis, cirrhosis, and a few others can also result in spleen injuries.
Whatever type of accident you’ve been involved in, if it has caused you to sustain a spleen injury or loss of spleen and was caused by somebody else, you could be entitled to compensation. Please call today to discuss your options.
There are different types of spleen injuries depending on the type of accident and the force involved. Bruising and contusions are caused by blunt force trauma and are the least severe type of spleen injury. They are not life-threatening and generally heal with time. A ruptured spleen is the most serious form of spleen injury and can be life-threatening. It requires immediate medical attention, where treatments may include blood transfusions or surgery.
Symptoms of a spleen injury can include:
- Pain in the abdominal area on the left side
- Low blood pressure
- Rapid heart rate
- Feeling full after eating a small amount
Ruptured spleen injuries are medical emergencies because they can result in life-threatening blood loss.
As well as blood loss, spleen problems can result in an increased risk of infections because of a reduction in white blood cells. Also, a patient with spleen damage could notice bruising, bleeding and symptoms of anaemia.
There is no single fixed amount that is awarded for a loss of spleen injury, or splenectomy. However, we want to give you some idea about how much compensation you might receive for a loss of spleen injury and spleen damage below.
- £20,800 to £26,290 compensation for loss of spleen with some damage to your immune system and risks of infection.
- £4,350 to £8,640 for spleen damage where the risk of infection and disorders are minimal/not present.
While each claim is unique, the settlement ranges displayed are based on those listed in the Judicial College Guidelines for general damages. The final compensation amount you can expect to receive for a loss of spleen, or damaged spleen injury will depend on factors such as the type and severity of your injuries, your quality of life without a spleen, the cost of medical treatment including ongoing treatment, loss of income from being forced to take leave from work, loss of amenity, and the cost of any structural changes you’ve had to make to accommodate your injuries.
Your personal injury solicitor will base the claim and overall settlement amount on two different heads of loss. These are:
- General damages. Here you’ll base the claim on the amount of pain and suffering you endured. To help prove this, medical records and an independent medical assessment will be required. The latter can usually be booked locally by your solicitor.
- Special damages. This is where you could claim back any money you have lost because of your injuries. Special damages could include lost earnings, medical costs and care costs amongst other things.
Our personal injury solicitor will research precedents and make sure that if your spleen injury claim is successful you also get the maximum amount of compensation due to you.
It is important to note that personal injury claims have time limits. For most claims involving a damaged spleen, you’ll have 3-years to claim compensation. This will usually start from the date when the injury to your spleen occurred. Claims on behalf of children are not time-limited so long as you claim before their 18th birthday.
As your solicitor will need to complete several tasks before filing your claim with the defendant, we would suggest that you begin the process as soon as possible. That will allow them plenty of time to collect evidence, book medical appointments and speak with specialists. You will also find it easier to recollect how your accident occurred and how you’ve suffered.
To find out whether you still have time to claim or to ask any questions, please call our free advice line today.
When you file a personal injury claim for damage to your spleen or loss of spleen, it is likely that the defendant will pass it to their insurance company. Before they will pay compensation, you will need to convince them of their client’s liability for your accident and a ruptured spleen. If you can’t do this successfully, you are likely to miss out on being paid compensation.
We believe that our personal injury solicitors who all operate on a No Win No Fee basis can improve your chances of a) winning your claim and b) being paid the correct amount of compensation.
If your claim is accepted, your solicitor will deal with the defendant or their insurer on your behalf. That means there won’t be any tricky medical or legal questions for you to answer. Instead, you’ll be able to relax knowing that your solicitor is doing all they can to try and secure the maximum compensation possible for you.
The biggest benefit of using a No Win No Fee agreement is that it allows you to get expert legal advice from an experienced personal injury solicitor without any out-of-pocket expense and without any financial risk. This allows you to take the time you need to rest and recover from your spleen injury instead of stressing over how to proceed with taking legal action. It also helps to know that you don’t have to stretch your finances to cover all the legal costs involved.
If you would like more information on how we could support you during a claim, why not call us today on 0800 6524 881? There’s nothing to lose by doing so as we’ll review your spleen injury compensation claim during a no-obligation consultation and provide free legal advice about your options.