If you have suffered a hernia injury because of someone else’s negligence whether it was at work, in a car accident or something else you may be eligible to make a hernia injury claim for compensation.
Our team of specialists are on hand to help you understand your options. We offer a no-obligation telephone consultation where you can ask questions and we’ll review your case for free. As well as providing you with legal advice, your advisor could connect you with a personal injury lawyer on our panel if your claim seems strong enough. If the claim proceeds, it will be managed on a No Win, No Fee basis meaning you won’t pay legal fees unless compensation is awarded.
To learn more about hernia injury claims, please read on or call 0800 652 1345 if you’d like your claim to be reviewed right away.
What is a hernia?
According to the NHS, hernias occur when a part of the body can squeeze through a weakness in muscles and surrounding tissues. Commonly, hernias occur in the abdomen but they can affect other parts of the body. Some of the most common types of hernia include:
- Femoral hernias.
- Inguinal hernias.
- Umbilical hernias.
- Hiatus hernias.
- Epigastric hernias.
- Incisional hernias.
- Diaphragmatic hernias.
- Muscle hernias.
Hernias can result from heavy lifting, manual handling and accidents involving sudden trauma. However a hernia is caused, it can be an uncomfortable, painful and even life-threatening injury if the hernia becomes strangulated.
Not all hernias are dangerous but they should be treated because if the condition doesn’t improve, life-threatening complications are possible.
Symptoms of a hernia
Some symptoms associated with hernias include:
- A bulge at the site of the hernia – sometimes the hernia can be pushed back in.
- Burning or aching sensation.
- Discomfort when lifting, bending or coughing.
- Mild pain at the site of the bulge.
Some hernias can appear as lumps but do not lead to any obvious symptoms.
Any type of hernia resulting from an accident or incident caused by someone else’s negligence could allow you to seek damages for your suffering.
Can I claim compensation for a hernia injury?
Our personal injury solicitors can only offer to help with hernia injury claims that have a realistic chance of success. As such, they’ll review your case with you before proceeding. During your assessment, they’ll be looking to see whether:
- You were owed a legal duty of care by the defendant; and
- An act of negligence by the defendant caused an accident; in which
- You suffered a hernia.
Legislation like the Occupiers Liability Act 1984 could be used if you sustained a hernia after falling in a gym accident for example. Alternatively, the Manual Handling Regulations 1992 might apply if your hernia was caused by heavy lifting in the workplace. You don’t need to worry too much about proving a duty of care existed as your solicitor will check this for you. However, you can help by providing proof to show how your accident happened so we’ll explain what you could use later on.
Types of hernia injury compensation claims
Hernias can occur following an accident or a series of incidents over a period of time. Two common reasons hernia injury claims occur are following workplace accidents or road traffic accidents. Let’s look at some of these in more detail here:
Some of the jobs most linked with hernia injury claims include:
- Warehouse workers.
- Agriculture and farm workers.
- Lorry drivers.
- Construction workers.
- Factory staff.
- Manufacturing staff.
- Health and care home workers.
Essentially, any job that involves lifting heavy or awkward loads could increase the risk of sustaining a hernia from manual handling. It’s important to know, though, you can only claim compensation for an accident at work if your employer’s negligence caused your hernia.
Negligence at work leading to a hernia
Some examples of negligence at work that could result in a hernia compensation claim against an employer might be because they:
- Didn’t conduct regular risk assessments of your role.
- Didn’t provide training or sufficient training.
- Expected you to move loads that were beyond your physical capability.
- Didn’t allow you regular rest breaks.
- Didn’t provide lifting tools.
- Made you move bulky loads over long distances without providing trolleys or other similar devices.
- Didn’t maintain or repair workplace equipment that went on to cause your hernia injury.
You are entitled to claim compensation for a workplace hernia without the fear of reprisals. In fact, it is illegal for your employer to take any form of disciplinary action or to harass you on the basis of your claim. So, please don’t worry about speaking to us if you’ve suffered a hernia at work and believe you should be compensated.
Hernia from medical negligence
Hernias can result from medical negligence. Examples of when medical negligence could result in a hernia injury claim include misdiagnosis, late diagnosis, and surgical mistakes. Also, the mesh used to repair hernias can also cause problems. For example, damaged or poorly positioned mesh could prevent the hernia from healing or lead to infections.
Medical negligence claims can be quite complex to prove which is one reason you might want a specialist solicitor on our panel to represent you.
Other types of hernia compensation claims
Sudden twists or trauma caused by accidents can lead to hernia injuries. For example, it’s fairly common for hernias to occur following Road Traffic Accidents (RTAs) as seatbelts can cause damage to the abdomen wall.
As such, if another driver caused a car accident because they were driving dangerously or not paying attention to the road, you could be entitled to compensation for a resulting hernia injury.
Similarly, falls can weaken muscles and tissues and lead to hernias. So, if you’ve suffered a hernia following a slip, trip or fall, you could be compensated if the accident was caused by negligence.
In any case, if you’ve suffered a hernia because of somebody else’s negligence, one of our specialist injury solicitors could help you. Please get in touch and we’ll review your options for free.
How much compensation will I get for a hernia?
When you seek compensation for a hernia, you should consider the suffering your injury has caused (general damages) as well as any costs incurred as a result (special damages).
Each claim is generally different from the next but if your hernia compensation claim is successful, you could be compensated for:
- Physical pain and discomfort.
- Any anguish, depression or distress caused by your hernia.
- Medical expenses including private treatment costs.
- Loss of enjoyment of your normal activities caused by the hernia.
- Care costs.
- Travel expenses.
- Lost earnings. For longer-term hernia injuries, future lost earnings could be claimed as well.
- In more serious cases, modifications to your home could be paid for to help you deal with any ongoing disability caused by your hernia.
As you can see, there is plenty to consider before you file a hernia injury claim. If you work with one of our solicitors, they’ll make sure everything is covered by fully reviewing how you’ve been affected before submitting your claim.
Average hernia compensation amounts
For successful hernia compensation claims, there is an array of guidelines relating to general damages compensation payouts. The level of compensation which may be awarded will depend upon the type and the severity of the hernia. The current guidelines are as follows:
- Compensation of £14,900 – £24,170 where the hernia causes ongoing pain and/or physical activities, employment, and sports following a repair are limited.
- Compensation of £7,010 – £9,110 for a direct inguinal hernia with a risk of return following repair.
- Compensation of £3,390 – £7,230 for an uncomplicated indirect inguinal hernia, possibly repaired.
How does my solicitor know how serious my hernia is?
To help determine the extent of your hernia injury, an independent medical assessment will be arranged as part of any claim. This will usually happen at a local appointment with a medical specialist.
You’ll discuss how your injury has affected you and the specialist will examine the injury after reading your medical notes. After the meeting, they’ll explain your prognosis in a report that will be filed with your solicitor.
To check if we could help you to start a hernia injury claim, please call us on 0800 652 1345.
Providing proof for a hernia injury compensation claim
As most hernia injury claims are handled by insurance companies, you might expect liability for your injury to be denied from the outset. That’s because insurers only payout when it is blatantly clear that their client was responsible for the accident you’re claiming for. As such, you’ll need to supply as much supporting proof as possible. For hernia injury claims, this could include:
- Photographs. Pictures taken at the accident scene before anything is cleared away or repaired can be a good way of showing the cause of the accident.
- Accident reports. Where your hernia occurred at work or on a company’s property, it should be documented. You’re entitled to a copy of the accident report form and it could help to prove the location, date and time you were injured.
- Medical records. It’s important to seek medical advice if you suspect you have a hernia. This will allow you to receive proper treatment. Later on, if you decide to claim, medical records can be requested to help prove the diagnosis.
- Witness statements. Sometimes, your solicitor might ask colleagues to confirm your working conditions if you suffered a hernia while working. For a compensation claim, witnesses who saw you get injured might be asked to explain what they saw.
- CCTV footage. If you were injured in the view of a security camera or dashcam, the footage could improve your chances of being compensated.
- Financial records. As you could claim back any expenses linked to your hernia, it’s worth giving your solicitor any receipts or bank statements to support your hernia injury claim.
All of the above could significantly improve the likelihood of winning your claim. If you have collected any proof already, please let us know when you call and we’ll assess it as part of your free initial consultation.
Hernia injury claim time limits
If you decide to claim compensation for a hernia injury, you’ll need to do so within the 3-year limitation period. The 3-year limit usually begins from the date of your accident or from when the hernia was diagnosed by your doctor.
An exception to this rule is if your child has suffered a hernia at school for example. As children themselves can’t claim until their 18th birthday, an approved litigation friend can make a claim on their behalf at any time before that.
We always suggest that it’s easier to collect proof if you begin the hernia compensation claims process asap. Additionally, if your hernia injury is causing financial problems, an early start to the claim could enable your solicitor to request interim payments to cover medical costs or loss of earnings while the claim is still progressing.
No Win, No Fee hernia injury claims
Making any type of compensation claim can be a daunting thought. For many, the cost of hiring a solicitor can be a major reason not to claim. For that reason, our personal injury solicitors offer a No Win, No Fee service for any hernia injury claim they work on.
Knowing that you won’t be asked to pay any legal fees whatsoever unless you are compensated usually means the claims process is much less stressful.
If you and your solicitor decide to proceed with a claim, they’ll send you a Conditional Fee Agreement (CFA). Once signed, your solicitor’s main aims will be to:
- Review your hernia injury claim in detail with you.
- Write to the defendant on your behalf.
- Begin collecting proof and requesting medical records.
- Deal with the defendant’s insurers on your behalf.
- Supply additional proof (where possible) to counter any objections raised where possible.
- Negotiate on your behalf and review any settlement offers with you.
- Try to ensure you receive the maximum hernia compensation possible.
If your hernia injury claim fails, your solicitor won’t ask you to pay any legal fees. If the case is won, they’ll deduct a success fee percentage from your compensation award. Legally, this is capped at 25% of your settlement. So that you’re fully aware of how much you’ll pay, your success fee is listed in the CFA from the outset.
Start a hernia injury compensation claim today
If you believe you should be compensated for a hernia injury, call us on 0800 652 1345 today. There’s no obligation to make a claim but we’ll review your chances for free and explain your potential next steps.
If a claim is taken on, your solicitor will manage everything on a No Win, No Fee basis for you.
Our live chat team is available if you need to ask us anything else about hernia injury claims so please feel free to contact us.