Hernia Injury Claims
QUICK CHECKLIST: Do I Have A Hernia Injury Claim?
You should be able to make a hernia injury claim if your injury happened:
- In the last three years, and;
- Someone else was to blame for your injury; and
- If another person owed you a duty of care.
What Is A Hernia Injury?
A hernia occurs when an internal part of the body pushes through a weakness in the muscle or surrounding tissue wall. Hernias usually develop in the area between your chest and hips, and in many cases hernias cause no or few symptoms. The main symptom is a swelling or a lump in the abdomen or groin. This lump can often be pushed back in or disappears when you lie down. On the other hand, coughing or straining may make the lump appear.
Hernia Injuries can arise as a result of a work-related injury, or an incident in a public place, or even a car crash. Hernia injuries can be extremely painful, and can impact your daily life tremendously. Often hernias will require surgery as treatment, and this surgery is invasive, painful and will often lead to a substantial period of time during which you are unable to complete daily activities or work.
If you have suffered a hernia injury as a result of an accident that was not your fault, you may be entitled to make a hernia injury claim for financial compensation against those who negligently caused you harm. Free Legal Justice has dealt with countless personal injury claims before, and we are well placed to advise you on your potential hernia injury claim.
What Should I Do If I Have Had An Accident Involving A Hernia Injury?
If you think you have a hernia, you should see a general doctor as soon as possible. Depending on the severity of the injury, the doctor may refer you to hospital for surgical treatment, if necessary.
You should go to your nearest emergency room immediately if you develop a hernia and have any of the following symptoms:
- sudden, severe pain in the abdominal area
- being sick
- difficulty pooing or passing wind
- the hernia becomes firm or tender, or cannot be pushed back in at all.
If you have any of these symptoms, it could mean that either:
- the blood supply to a section of organ or tissue trapped within the hernia has been cut off (often called strangulation) or
- a piece of your bowel has entered the hernia and become blocked (often called obstruction).
If you have suffered a strangulated hernia or obstructed bowel, these are considered to be medical emergencies and need to be treated as soon as possible. Make an appointment with your doctor as soon as you notice any hernia symptoms such as pain and unfamiliar bulges on your body, and if at all possible, seek a second opinion to confirm. Ensure that you keep records of your consultations, and if applicable, send copies to your employer or the titleholder of the public place that you may file your hernia injury claim against.
Assessing and diagnosing a hernia
When it comes to assessing a hernia, a general doctor will usually be able to identify that your injury is in fact a hernia, by simply examining the affected area. In cases where the injury appears severe or complicated, a general doctor may refer you to a nearby hospital for an ultrasound scan to confirm the diagnosis or assess the extent of the problem. Once a hernia diagnosis has been confirmed, your doctor will determine whether you will need surgery to repair the hernia.
A number of factors come into play when evaluating whether you will need surgery for your hernia. These factors include:
- the type of hernia you have – as some types of hernia are more at risk of becoming strangulated or causing bowel obstruction;
- the content of your hernia – if the hernia contains a part of your bowel, muscle or other tissue, there may be a risk of strangulation or obstruction;
- your symptoms and the impact on your daily life – surgery may be advised if your symptoms are severe or gradually worsening, or if the hernia is affecting your ability to carry out your normal daily activities; and
- your general health – surgery may be too much of a risk if your general health is poor
Your doctor will give you advice on how to proceed in terms of physical activity, and you should follow this advice strictly, as ignoring and aggravating a hernia can lead to further complications in the short- and longer-terms, as well as potentially damaging your claim. You will be asked to prove that your hernia injury was not caused by any action or inaction of your own, or any pre-existing health concern.
How Do You Make Hernia Injury Claims?
At Free Legal Justice, we guide our clients through every step of their injury claims. We have outlined four basic steps that make up the accident claim process:
Step 1: Contact Free Legal Justice To Find Out If You Can Claim
The first step in your compensation process is to speak to our experienced legal team to discover if you have a valid hernia injury claim. Our friendly, helpful team of legal advisors are available 24 hours a day, 7 days a week to provide you with completely free legal advice on the merits of your hernia injury claim – all in the space of a ten minute telephone call!
We know that the process of instituting a legal claim can seem complex and intimidating. Our injury claims team has worked hard over many years to make the process of claiming compensation with Free Legal Justice, as straightforward and stress-free as possible. When you make a hernia injury claim with us, you can depend on our compassion, dedication and expert legal knowledge to help you get the results you deserve.
To get in touch with Free Legal Justice’s personal injury claims team, simply fill out short online query form and wait for us to call you back for free, or call us today on 0121 565 4317 or 0800 567 7074 to speak to one of our friendly team members about your compensation claim. We are also happy to consult with you in the comfort of your home, so please request a complimentary home visit from a Free Legal Justice legal expert near you, so that together we can start your hernia injury claim.
Step 2: We Use Your Information To Build Your Case
To correctly guide you on the merits of your case and possible value of your hernia injury claim, our solicitors will want as much detail as possible about the incident. Please have as much information as possible prepared for your free and transparent discussion with Free Legal Justice, including details such as:
- How the accident happened, and nature of the injuries suffered as well as other damages suffered as a result of the accident;
- Place where the accident happened – whether it was in a public space, at work or on the street;
- The full names and contact numbers of the others involved or as a witness to the accident;
- If a vehicle is involved, the car registration details of the other driver(s) in the accident;
- Any CCTV footage, photographs, videos or sketches relevant to the accident, or the injuries sustained;
- Details of any police dockets or emergency services reports drawn up at the scene of accident; and
- If possible, details of the insurance providers for the other parties involved.
It is vital that you keep a record of all relevant information, medical reports, and receipts for expenses incurred from the date of your accident. This could be used as evidence in support of your compensation claim. The more information you can provide, the more accurately and quickly our professional legal team can assess and value your hernia injury claim.
Don’t worry if you don’t have all of this information right away. A member of the Free Legal Justice team will be able to explain the merits of your accident claim based on the information that you can provide us with, and we will do what we can to help you obtain any additional details that you might need to institute your claim. Make sure to contact our accident claims team as soon as possible- the sooner our team has the details of your hernia injury claim, the sooner one of our personal injury claims solicitors can get started on your case and help you get the maximum compensation that you deserve, in the shortest possible time.
Step 3: Medical Assessment and Calculation Of Hernia Injury Claim
The amount of compensation received in a successful hernia injury claim can differ significantly based on the nature and severity of the claimant’s injuries. Free Legal Justice has experience in all categories of injuries caused by all types of accidents, ranging from fairly minor injuries to serious and fatal injuries. Our accident claims experts will be able to estimate the value of your claim once you shared the details of the accident and extent of the injuries you have suffered.
As a completely faultless victim of an accident, you may have a claim for expenses relating to medical treatment, loss of income and earning capacity, as well as the cost of repairs for the damage caused to your possessions. There are many elements that can form part of your overall damages claim, and the compensation amount that you will be entitled to will vary based on the seriousness of your injuries and the overall impact that the injuries have had on your life.
Personal injury claims comprise of claims for general and special damages. General damages refer to compensation for personal injuries suffered by victims of accidents, while special damages refer to compensation awarded as a reimbursement of additional expenses incurred. One of our accident claims experts at Free Legal Justice will explain in detail what will form part of your general and special damages claim, once you provide us with the details of your case.
General Damages In Personal Injury Claims
The general damages part of your hernia injury claim is calculated by comparing your independent medical report with the official Judicial Board Guidelines for the Assessment of General Damages in Personal Injury Cases. This guideline estimates how much general damages can be claimed for different types of injuries. The Court will consider aspects such as how serious your injury was, complicating factors surrounding the injury, as well as the length of the recovery period.
Special Damages In Hernia Injury Claims
Special damages forming part of your claim include compensation for certain added expenses that you have had to incur as a result of the incident. This is a broad category of damages, and can range from a calculation of past income that you have lost, as well as future income that you will lose as a result of your injuries. This can also include costs of counselling and therapy sessions, traveling expenses, additional childcare costs, as well as household adaptations to enable you to live with your injuries. Your accident claims handler from Free Legal Justice will carefully explain to you what to include in your special damages claim.
Step 4: Success! We will negotiate the maximum compensation or settlement for you
Free Legal Justice has decades of experience in launching – and winning – personal injury claims against negligent individuals. Our panel of solicitors will use this wealth of experience when representing you to secure the maximum amount of financial compensation possible after you have been involved in an accident.
Hernia Injury Claims In the Workplace
Claiming against your employer for an accident that wasn’t your fault can be intimidating, but with the assistance from the legal experts Free Legal Justice, you can take a step back, rest and recover properly, and be sure that your injury at work claim is being managed efficiently and diligently by your dedicated solicitor.
Any injury that occurs while you are on the job should be covered under your employer’s liability insurance, and a hernia injury is no different. The burden of proof falls on the employee to prove that the condition is related to or the direct result of something that happened during their work duties. For this reason it is crucial that you keep records of the events that surround the hernia injury, notify your employers immediately of the accident or injury itself, and confirm that the incident is recorded in an accident book at your place of work. You should seek immediate medical assistance if you think you have suffered a hernia. All these factors and details may be used in a hernia injury claim.
You will likely have a strong personal injury case if you can prove that:
- you suffered the hernia injury while you were at work and carrying out your job;
- your hernia was an avoidable injury based on the circumstances;
- you took whatever reasonable steps necessary to protect yourself from injury; but
- as a result of your employer placing physical demands upon you and your body and failing to uphold their duty of care, you nevertheless sustained a hernia injury .
To be able to prove a hernia injury claim was a result of your employer’s negligence, you would need to prove that:
- You weren’t given sufficient training to carry out the job, including any safety and processes training;
- You were not provided with the correct manual handling training for your job;
- You were not protected with the correct equipment or safety uniform for a specific job; or
- Your employer was negligent in another manner, leading to the accident which caused your hernia injury.
Even if your injuries were caused by a colleague’s actions or negligence, your employer is ultimately responsible for ensuring your safety in the workplace. That being said, even though your injury at work claim may be against your boss or the company that pays your salary each month, this shouldn’t put you off from instituting an injury at work claim. Every employer is required by law to have adequate employers’ liability insurance in place, so as to make sure the company can pay an employee lawful compensation for any injury at work claim, without this affecting the firm financially.
Free Legal Justice has been working with injury at work claims for a long time. We know and appreciate that accidents, both minor and serious, can affect people in different ways. Our injury at work claims solicitors take each case seriously and deal with each client on an individual basis, giving 100 percent effort to carefully guide your injury at work claim to a successful conclusion, and help you to get the maximum compensation you deserve. The amount that you will be able to claim from your employer will look at factors such as whether you can work in future of whether you need to make a shift in career as a result of the injuries, as well as whether you would need invasive or ongoing treatment.
Hernia Injury Claims Suffered in a Public Place
If you have an accident in your own home which results in a hernia injury, this will not easily result in a claim for compensation. If you are injured in a public place, for example by means of a slip and trip accident in a shop or park, this could result in a personal injury claim. Common causes of injury in public places are slipping on a wet surface that has no warning signs, slipping on lubricant cleaning products or fluids spilt and not cleaned up from the floor of a public space, falling into a hole in a public space that has not been marked or warning signs erected, or tripping over an object in the street or on the floor of the workplace.
You may be entitled to make a compensation claim where the hernia injury originates due to the negligence of another in a public place, as long as you can prove that the injury was entirely due to this incident, and that the person had a duty of care to the public to prevent the incident. As a result, you will have to prove that there is a specific third party that is directly to blame for your hernia injury. If you trip over a fallen tree in the woods while on your morning run, this can’t be attributed to someone else. On the other hand, if you trip on a missing pavement slab, or exposed wires on the pavement, this could lead to a compensation claim against the local council, as they have a duty of care to the public and breached this duty of care by failing to monitor and remove the hazard.
Can I Make A Hernia Injury Claim On Behalf Of A Child?
If the person who suffered injuries in a road accident was younger than 18 years, or is considered a ‘protected party’ who is mentally incapable of making their own decisions, then a parent, guardian or close family member may make a compensation claim on their behalf. One of the friendly accident claims team members at Free Legal Justice will be able to give you more guidance on the process of claiming on someone’s behalf.
Similar to a workplace, a school can be sued if they fail to keep your child safe at school. The rules that apply are very similar to taking legal action against a business. In this instance it is important to ensure that the school is aware of the incident and the injury, and records what has happened in the accident book. General childhood falls such as tripping while running and playing will more than likely not result in a compensation pay-out, but negligence on behalf of the school (such as leaving trip hazards in a playground or classroom) could entitle you to make a compensation claim.
Hernia Injury Claims Sustained In A Road Accident
Road accidents are one of the main causes of personal injury in the United Kingdom. According to the statistics released by the Department of Transport, there were 157 630 reported personal injury road accidents in the United Kingdom for the year ending June 2019.
In simple terms, a road accident is any type of incident that involves a car. Road accidents can happen for a variety of reasons and can lead to a variety of accident claims. A road accident could involve a situation where two cars collide with one another, or where a car collides with a motorbike, and also includes the case where a pedestrian is injured by a car.
Being in any form of road accident is a traumatic experience for those involved. Besides the emotional stress and shock, damage to the cars and possessions, a road accident often results in injuries to one or more parties. Injuries caused by car accidents can range from whiplash, to facial bruising and scarring, to serious head injuries, broken limbs, hernias and in extreme cases, death.
If you or a loved one has suffered a hernia injury in a road accident that was not your fault, you may have a valid road accident claim, and be entitled to financial compensation. Our team of dedicated and knowledgeable road accident claims experts are here to help you institute a compensation claim if you have suffered any injuries and financial loss as a result of another person’s actions. At Free Legal Justice, we know that being injured in any type of road accident is scary and stressful, and the Free Legal Justice team is here to lend a helping hand to guide you through the entire road accident claim process. Free Legal Justice will take over all the hard work from you during the road accident claims process, leaving you with less paperwork and minimal stress.
If you think you have a lawful road accident claim, you really have nothing to lose by contacting Free Legal Justice to discuss your case- the first consultation costs absolutely nothing and places no obligations on you. No matter what type of road accident you were involved in or how the injuries were caused, we want to help you get the compensation that you deserve.
What Is The Value Of MY Hernia Injury Claim?
Your legal right to compensation is centred on getting you back to the position you were in before the accident. In personal injury claims, compensation sums are calculated with reference to the severity of the victim’s personal injuries, and the type of care that the victim may need going forward, to be able to cope with their injuries. The claim will also include an amount for out-of-pocket expenses incurred as a result of the incident.
Personal injury claims consist of general and special damages. In summary, general damages are compensation for the personal injuries that you have suffered, whereas special damages are compensation for any supplementary expenses incurred as a result of the accident. Your dedicated solicitor will be sure to take you through the calculation of your general and special damages in detail once you’ve agreed to proceed with a hernia injury claim.
There are specific rules as to the value of general damages for different levels of injuries in accident at work claims. Your general damages calculation will be done by matching the injuries described on your independent medical report with the sums provided for in the official Judicial Board Guidelines for the Assessment of General Damages in Personal Injury Cases. The amount of compensation that you receive will be influenced by details such as how serious your injury was and how long you will take to recover.
You will need to keep record of all of these additional expenses or costs you have incurred from the date of the accident, and further be able to show the expenses that you will incur in the future as a result of the accident. These costs will be included in the broad category of special damages. Special damage claims can include anything from travel costs, costs of medical appointments, additional childcare costs, and loss of future and past income. Special damages can also include a broader claim for medical expenses such as prescriptions, physiotherapy costs, counselling costs, physical home adjustments, and even the costs associated with any special equipment that you might need to live with your injuries.
How much Will It Cost To Make A Hernia Injury Claim?
Free Legal Justice conducts all of its injury claims on a No Win No Fee basis. This means that clients will not pay Free Legal Justice a thing unless we successfully win their claim. Free Legal Justice will carry all the upfront costs needed to proceed with your case, meaning that you will only be charged if we help you to win. No Win No Fee agreements are a great funding option to allow all those injured in accidents that were not their fault to pursue litigation, without the risk of being left out of pocket.
No Win No Fee Agreements
A No Win No Fee agreement with Free Legal Justice allows claimants to continue with a compensation claim on the condition that if the claim is not a success, they won’t pay the legal team any money. Put simply, it is a way for you to take legal steps necessary to get justice for the injuries that you have suffered, without the financial risk of litigation weighing over you. Our team of solicitors are happy to offer No Win No Fee agreements to clients seeking rightful compensation in injury claims, because they are confident in their legal abilities and they have a track record of successful claims behind them.
A No Win No Fee agreement is a financially-savvy way for all kinds of employees to claim compensation for personal injuries and other damages caused as a result of accidents. Once you have been over the details of your incident and hernia injury with the Free Legal Justice team, and given one of our expert solicitors the go-ahead to continue with your hernia injury claim on a No Win No Fee basis, your work is essentially finished. You can then sit back, relax, and let your dedicated accident claims team do the rest of the difficult work for you!
How Much Will I Pay In Legal Fees If My Claim Is Successful?
If you enter into a No Win No Fee Agreement with us, you will not pay Free Legal Justice any legal fees in advance. A No Win No Fee agreement means that we only get paid at the end of the day, once your claim is successful.
Our solicitors work on an average success fee of 25% of the total compensation received. Your assigned solicitor will make sure to discuss the success fee upfront, and this amount will be agreed in writing before you proceed with your hernia injury claim. If Free Legal Justice helps you to win your case, we will receive the success fee as payment for the legal services that we have provided during the claims process. Your friendly solicitor will be able to answer any other questions that you might have in relation to the success fee.
Contact Our Hernia Injury and Accident Claims Team
Contact Free Legal Justice today for a free, no obligations discussion about your hernia injury claim. A member of our team will be able to estimate the value and merits of your case once they have been through the details of the incident with you. The sooner you get started on your hernia injury claim, the sooner we can get you the justice you deserve.