By Stephen Hudson. Last Updated 11th September 2024. A hernia is when you tear a muscle or other tissue wall and the body part underneath pokes through the hole. This can range from minor to much more serious and painful injuries, requiring significant surgery. We have made this guide to making a hernia injury claim to help you decide if you are eligible to seek compensation.
We’ll cover important topics such as the eligibility criteria to claim compensation, the laws under which different third parties owe a duty of care and how a potential hernia settlement amount can be calculated under the two relevant heads of loss.
You will also see information about the types of evidence you can use to prove third-party liability. Our final section looks at the No Win No Fee contract offered by our highly experienced personal injury solicitors, with particular reference to how such a contract greatly benefits claimants.
To ask any questions you may have or for a free zero-obligation assessment of your eligibility to claim a hernia compensation payout, get in touch with our advisors today using the contact information provided here:
- Call the team on 0800 073 8804.
- You may also contact us through our website by completing our call back form.
- Or, you can open the live chat window on your screen now.
Browse Our Guide
- Could I Claim Compensation For A Hernia Injury?
- Evidence For A Hernia Injury Claim
- Hernia Settlement Amounts In The UK
- Make A No Win No Fee Hernia Injury Claim
- Learn More About Claiming Hernia Compensation
Could I Claim Compensation For A Hernia Injury?
There are a lot of different situations that could result in suffering a hernia injury. In some of these situations, you might be owed a duty of care. This is a legal obligation placed on an individual or organisation to maintain certain standards. You won’t be able to make a hernia compensation claim unless you can demonstrate that a breach in a duty of care owed to you caused your injury.
Situations in which you are owed a duty of care include:
- In the workplace. Under the Health and Safety at Work etc. Act 1974 (HASAWA), every employer should ensure, as far as reasonably practicable, the health, safety and welfare at work of their employees. This is their duty of care.
- In public spaces. Under the Occupiers’ Liability Act 1957, the individual or organisation in control of the premises must ensure the visitor will be reasonably safe while using that space for its permitted purpose. This is the duty of care you are owed while out in public.
- On the roads. While using the roads, all road users must navigate in a way that prevents harm to both themselves and other road users. To uphold this duty, road users should adhere to the Highway Code and the Road Traffic Act 1988.
In order to make a personal injury claim for your hernia, you must meet all of the eligibility requirements. This means that you must be able to demonstrate that:
- A third party owed you a duty of care.
- There was a breach in this duty.
- As a result of this breach, you suffered a hernia injury.
If you have any questions about the eligibility for hernia compensation payouts in the UK, contact one of the advisors from our team.
Hernia Settlement Amounts In The UK – How Long Do I Have To Claim?
The time limit for starting a personal injury claim is usually three years, starting on the date of your injuries, as outlined by the Limitation Act 1980. This applies to all injuries, whether you suffered a hernia injury at work, a hernia after a car accident, or a hernia as a result of a public place injury.
However, there are some exceptions to this time limit. To discuss these or find out if you are within the limitation period to claim for a hernia, contact our advisors today. Or, read on to learn about hernia settlement amounts in UK claims.
Evidence For A Hernia Injury Claim
Gathering evidence is a crucial part of claiming for a hernia injury. The evidence for your case will need to confirm that your injury has occurred and it happened because another party breached a duty of care they owed you.
Evidence that could be used to support hernia injury claims includes the following:
- Any available CCTV footage that shows the accident that caused your injury.
- Photographs showing visible symptoms of the injury or the accident scene.
- Medical reports which show your injury has been recorded and how it has been treated.
- A statement from any witnesses who saw the accident that caused your injury.
- If your injury occurred in an accident at work, then a copy of the report on the incident from the work accident book could also serve as evidence.
If a personal injury solicitor agrees to support your case, then they can assist with gathering evidence. Contact our advisors for free today to learn more about gathering evidence or other steps of the claiming process.
Hernia Settlement Amounts In The UK
If you make a successful hernia injury claim, then your compensation settlement could include general and special damages.
General damages are awarded to compensate for the physical pain and any mental suffering caused by the injury. Those who value a hernia settlement amount for general damages may refer to the Guidelines published by Judiciary UK (sometimes referred to as the ‘JCG’). The JCG lists various types of injuries in different severities alongside guideline compensation amounts.
In the table below are some of the figures included in the JCG. Please only use this table as guidance. The first entry within the table is not based on the JCG.
| Type of Injury | Severity | Compensation Guideline Amount |
|---|---|---|
| Multiple Serious Injuries And Special Damages | Settlements could include compensation for multiple injuries as well as related expenses such as lost wages and therapy. | Up to £500,000+ |
| Reproductive System – Female | (a) Infertility caused by disease or injury | £140,210 to £207,260 |
| General Psychological Damage | Severe | £66,920 to £141,240 |
| Chronic Pain - Complex Regional Pain Syndrome | Severe | £64,070 to £102,520 |
| Chronic Pain - Complex Regional Pain Syndrome | Moderate | £34,200 to £64,070 |
| Hernia | (a) Pain is constant and physical activities are limited | £18,180 to £29,490 |
| Hernia | (b) A risk exists that it may reoccur | £8,560 to £11,120 |
| Hernia | (c) An uncomplicated hernia | £4,140 to £8,830 |
| Scarring | Very noticeable and unsightly scars somewhere on the body | £9,560 to £27,740 |
Your hernia compensation payout could potentially also include special damages. This may be added to compensate for any financial losses or expenses caused by your hernia injury. To claim special damages, you will need to provide certain evidence, such as bank statements, invoices or receipts.
Some examples of costs you could be compensated for include:
- Loss of earnings if you’ve needed to take unpaid time off work while recovering.
- The costs of medical treatments, such as physical thearpy.
- Transport expenses for attending medical appointments, such as taxi costs.
Speak with our advisors for free today to discuss how much compensation may be awarded if you have a valid hernia injury claim.
Make A No Win No Fee Hernia Injury Claim
If you are eligible to make a hernia compensation claim, you may wish to do so with legal representation. If so, one of our personal injury solicitors could help with your case. Our solicitors generally offer to work on their client’s cases under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
If your solicitor offers their services under a CFA, they won’t ask for ongoing or upfront payments for their work on your personal injury claim. Furthermore, you won’t pay anything for their services following an unsuccessful case.
However, solicitors take a small success fee from the awarded compensation when a claim is successful. This amount is a percentage that is limited by a legal cap.
If you would like to further discuss hernia compensation payouts in the UK, contact our advisors. They’re here to help you 24 hours a day, 7 days a week. Additionally, if you satisfy the eligibility requirements, you could be connected to one of our solicitors.
To speak with an advisor:
- Use our ‘claim online’ form to get a callback.
- Call 0800 073 8804
- Ask a question in our live chat.
Learn More About Claiming Hernia Compensation
Below, you can find more useful resources about claiming hernia compensation.
- NHS on Hernia Injuries – The NHS website lists the different kinds of hernias that you may face, and the impact of any such injuries.
- HSE Hernia Case Study – The Government’s official Health and Safety website offers a case study of a workplace injury hernia, and the steps that were taken to compensate the individual that suffered the injury.
- Accidents At Work Claims – Find out Compensation Amounts – Have you had a hernia injury due to an accident at work? find out if you can claim compensation by contacting our team today for free advice.
- Manual Handling Accident At Work Claims – Have you had a hernia injury due to a manual handling accident at work? This guide explains your legal rights and the types of hernia settlement amounts (UK) you could receive.
