Spleen injuries can be painful and uncomfortable. If your spleen has to be removed following an accident, your immune system may be weakened and that could put you at risk of serious infections in the future. In this guide about spleen damage compensation claims, we’ll review the types of scenarios that could allow you to make a personal injury claim for spleen damage. We’ll also show you how the claims process works and what compensation you could claim.
Our team is here to help if you’ve got questions about spleen damage claims. During a free initial consultation, they’ll provide no-obligation legal advice and review your case with you. If there’s a realistic chance that you’ll be paid compensation, your case will be referred to one of our specialist solicitors. If they agree to help, you’ll receive legal representation on a No Win, No Fee basis. In our experience, that usually makes claiming a lot less stressful.
To learn more about claiming compensation for spleen damage, please read on. Otherwise, you can call 0800 652 1345 to discuss your case with us right away.
What is the spleen?
Your spleen is located under your ribs on the left side of your abdomen. It is usually fist-sized. It is different from the other organs (liver, stomach kidneys) in your abdomen as it does not connect to any of them. Instead, the spleen has an artery that pumps blood in and a vein that pumps blood away.
The main function of the spleen is to control the number of blood cells (red and white) and platelets in your body. At the same time, older or damaged blood cells are removed by the spleen and any germs in the bloodstream are fought by the white blood cells inside the spleen.
It’s important to understand that any damage to the spleen should be taken seriously as it can result in internal bleeding, which may require medical attention or surgery.
What is a ruptured spleen?
A ruptured spleen can occur if there is a break in the surface of the spleen. The symptoms associated with a ruptured spleen, an enlarged spleen and other forms of spleen damage include:
- Pain in the upper abdomen on the left-hand side.
- Pain in the left shoulder.
- Tenderness in the abdomen.
- Rapid heart rate.
- Dizziness, confusion and lightheadedness.
- Low blood pressure.
If the spleen is damaged, the NHS says that you can be at increased risk of infections, anaemia, bruising and bleeding.
What is spleen removal?
A splenectomy is a surgical procedure to remove the spleen. This may be necessary if the spleen is ruptured or damaged. In some cases, a partial splenectomy can be performed. Before the spleen is removed, you may require a range of vaccinations as your body’s immune system will be weakened once the spleen has been removed.
You can live without a spleen as the liver and other organs will do some of its work but your health will need to be monitored more carefully.
If you’ve suffered a loss of spleen because of someone else, please call today to see if we can help you get compensated.
Can I claim compensation for spleen damage?
If you’d like to claim compensation for the suffering caused by spleen damage, you should seek legal advice about your options. If your case is reviewed by a personal injury solicitor from our panel, they’ll look to see if:
- The defendant in your case owed you a duty of care; and
- Because the defendant acted negligently, an accident occurred; and
- As a result of that accident, your spleen was damaged.
If the solicitor suspects that you have the grounds to be compensated, they’ll work for you on a No Win, No Fee basis. They’ll collect any proof needed to support your claim to try and present as strong a case as possible in an effort to secure the maximum level of compensation possible.
Common accidents that cause damage to the spleen
As shown in the previous section, any spleen injuries sustained in accidents caused by someone else’s negligence could entitle you to claim compensation. Some examples include:
- Industrial or workplace accidents. Your employer is legally obliged to try and protect your well-being at work. As such, if your spleen was damaged following a preventable accident, such as on a building site or factory, where there is a risk of being struck by heavy objects or machinery, you could sue your employer for compensation. For example, you could claim if your spleen was crushed by a forklift in a warehouse.
- Car accidents. There is a risk of spleen injury in many types of car accidents. A direct blow to the abdomen could injure the spleen as could a penetrating wound caused by glass, sharp edges and debris.
- Bicycle or motorcycle accidents. Crashes involving bicycles or motorcycle accidents can cause trauma to the abdomen, potentially leading to a ruptured spleen.
- Sporting accidents. Generally, injuries caused by run-of-the-mill collisions whilst playing a sport won’t allow you to claim compensation. However, if you’ve suffered spleen damage caused by faulty equipment, an unsafe football pitch or inadequate coaching, a claim may be possible.
- Criminal assault. While you probably wouldn’t make a personal injury claim after being stabbed or punched in the abdomen during an assault, you could still be compensated through a government scheme. Please speak to us about this or read our guide on starting a criminal injury claim.
Even if we haven’t described your accident here, you could still be entitled to claim compensation for spleen damage caused by someone else’s negligence. To check if we can help you, please call today.
Spleen damage caused by medical negligence
Another reason you might want to claim for spleen damage is if your suffering was caused by medical negligence. This is where you receive a level of care from a medical professional that falls below the level you could reasonably expect.
Examples of when medical negligence could result in a spleen damage compensation claim include:
- If your doctor misdiagnosed the symptoms of spleen damage.
- Where you were not sent for a scan or tests to confirm your diagnosis.
- If there was a delay in diagnosing your spleen injury that led to further complications.
A medical negligence solicitor from our panel could help you start a spleen damage claim due to medical negligence so please get in touch on 0800 652 1345 if you or a loved one would like to know more. Even if you’re not sure about the prospects of being compensated, we’ll review your case with you and offer free legal advice.
How much compensation for a damaged spleen can I claim?
At this early stage in the claims process, we can’t say exactly how much compensation you might receive for an injured spleen as each claim is unique. There is a lot to consider but if your claim is successful, it could include compensation to cover:
- Physical pain and discomfort caused by spleen damage.
- Medical expenses including ongoing treatment if your immune system is damaged.
- Psychiatric injuries including distress and depression.
- Lost income.
- Travel costs.
- The cost of a carer whether that’s a professional or a member of your family.
- Future income losses if spleen damage will impact your ability to work.
- Loss of amenities i.e. not being able to enjoy your normal hobbies because of your spleen injury.
- Modifications to your home for more complex injuries that leave you disabled.
To understand your prognosis, your solicitor will book an independent medical assessment for you. This usually happens locally and during the appointment, a specialist will discuss your injury and how you’ve been affected. Once your solicitor is in possession of the report, they’ll be able to calculate how much compensation for spleen damage you might be entitled to.
Providing proof for spleen damage compensation claims
If you are able to, it’s a good idea to secure as much proof as possible to show who caused your spleen injury, the severity of it and how it has affected you. Your solicitor will then use this information to present a strong case and to secure the compensation you deserve for your suffering.
The types of proof that might help with spleen damage claims include:
- Accident scene photographs. Taking pictures in the immediate aftermath of an accident can help to piece together how the incident occurred. Ideally, photos should be taken before anything is moved.
- Accident report forms. Legally, many accidents in public places and at work must be logged in an accident report book. A copy of the report relating to your accident can help if the defendant denies that the accident occurred or liability for your damaged spleen.
- Medical notes. Your solicitor will always request confirmation of your diagnosis by asking the hospital that treated your spleen injury for a copy of your medical records.
- Witness statements. To help clarify how the accident occurred, your solicitor might contact any witnesses and ask them for a statement. Therefore, if you can, ask anybody else who was present for their contact details.
- Video footage. In this day and age, many accidents are filmed by dashcams, CCTV cameras and mobile phones. If yours was, you should ask the owner of the camera for a copy of their footage as it can make it easier to understand the cause of the incident.
Don’t be put off from calling if you don’t yet have all of the proof for a spleen damage claim listed. If your claim proceeds, your solicitor will try to gather any further information needed to support your claim.
No Win, No Fee claims
Taking legal action of any type is usually easier if you’ve got a specialist solicitor working for you. That’s certainly true in spleen damage compensation claims in our opinion. Don’t let the cost of hiring a personal injury solicitor put you off though as ours provide a No Win, No Fee service for all accepted spleen injury claims.
Funding your claim with a Conditional Fee Agreement (CFA) means that:
- There aren’t any upfront legal fees to pay.
- You won’t be asked to pay legal costs if the claim is lost.
- A success fee will be deducted from any compensation you do receive to pay for your solicitor’s work and expenses.
The maximum success fee you can pay when using a CFA is 25 per cent of your settlement amount according to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The amount you’ll pay if your spleen damage claim is won will be listed in your contract.
Once the paperwork has been completed, your solicitor’s main goals are to:
- Begin work on your case straight away.
- Collect and collate the proof needed to support your spleen injury claim.
- Communicate with the defendant’s legal team on your behalf and fight your corner.
- Send regular updates about how your claim is progressing.
- Discuss any compensation offer with you before it’s accepted to check that it is fair.
We’ll check if you’re eligible to claim on a No Win, No Fee basis as part of your no-obligation consultation.
Spleen damage compensation claim time limits
There is a 3-year time limit for spleen injury claims the same as any other personal injury claim. In most cases, this will begin from when the accident in which your spleen was injured occurred. However, if you didn’t find out about the damage right away, the limitation period will start from the date it was diagnosed by your doctor.
Importantly, claims made outside of the 3-year period are likely to be turned away so it’s a good idea to begin the claims process early to try and avoid missing out on any compensation you’re owed.
The time limit for spleen injury claims involving children does not begin until their 18th birthday. As such, you could seek damages on their behalf at any time before then.
To check how long you have to claim compensation for spleen damage, please call today.
Start a spleen damage compensation claim today
If you’ve suffered spleen damage in an accident that was not your fault, call us on 0800 652 1345 for a free consultation. You’ll be offered free advice from one of our specialist advisors after they’ve been through everything with you. If your claim appears viable, you’ll be referred to a personal injury lawyer from our panel.
To reduce the stress and financial risks involved with legal action, our solicitors offer a No Win, No Fee service for any case they take on. As a result, legal fees only need to be paid if you are awarded a compensation payout.
Our online chat advisors can also help with spleen damage compensation claims so please feel free to reach out to them.