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Kidney Injury Claims

Your kidneys are vital for fluid and waste removal and maintaining stable chemical balances in the blood – but what happens when they don’t work correctly? More importantly, what should you do if you suffer a kidney injury due to negligence?

If you can prove someone else was negligent for your kidney damage, you have every right to claim compensation. Calling 0800 234 6438 or using the online form gives you access to free legal advice. If your advisor thinks you’re eligible for compensation, they’ll refer you to a no win no fee solicitor.

Have you suffered a kidney injury due to negligence?

Kidney injuries can be acute or chronic, with some people making a full recovery and others suffering from long-term complications. If your kidney damage was due to negligence, claiming compensation is the best way to hold the negligent party accountable and receive financial support.

The common causes of kidney injury claims include:

Medical negligence

When you receive treatment from a doctor or hospital, you have the right to expect a high-quality standard of care. Unfortunately, both private and NHS medical negligence cases are common, and injuries to the kidneys can occur in the following circumstances:

  • Failing to identify and diagnose kidney cancer or other conditions
  • Not ordering or carrying out the right tests
  • Operating on the incorrect kidney
  • Surgical errors that damage the kidneys

All of these forms of negligence can cause an acute kidney injury or chronic kidney damage that results in long-term health issues.

Workplace injuries

Hazardous chemicals can cause kidney damage if people are exposed to them. The most dangerous chemicals include arsenic, barium, manganese, uranium, and lead. If your employer failed to adhere to Health & Safety Executive guidelines, you could claim compensation.

Examples of workplace negligence include:

  • Not performing frequent risk assessments
  • Failing to implement adequate training procedures
  • Not offering personal protective equipment
  • Making employees work with chemicals in poorly ventilated workplaces

Claiming compensation for accidents at work means you can ensure your employer makes changes and pays financial support for your injuries.

Injuries caused by accidents

Kidney injuries can also occur due to general accidents, including road traffic accidents, falling from a height, slipping on a wet surface and anything else that results in direct trauma to the kidneys.

These personal injury claims can be challenging to prove, but you’re eligible for compensation if you have evidence of someone else’s negligence. Examples include:

Assaults

If you’re the victim of an assault, you have every right to claim criminal injury compensation. For example, GBH can cause kidney damage due to the force of your injury, while stab wounds can cause penetrating trauma, permanently limiting kidney function.

As with all claims, you’ll need to prove that someone else was responsible for your injuries in order to claim kidney injury compensation.

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The types of kidney damage

There are different types of kidney damage, with each varying in severity and prognosis. The type of injury you suffer depends on how it occurred and the extent of your kidney damage:

  • Acute Kidney Injury: Acute injuries can occur due to trauma, incorrect medications or surgical errors. While most people experience a full recovery with treatment, these injuries can progress to chronic damage.
  • Chronic Kidney Disease: Most chronic kidney disease cases occur due to kidney issues or underlying conditions. Some cases might be due to negligence if the kidney damage progresses through trauma, workplace injuries or medical negligence.
  • Glomerulonephritis: Glomerulonephritis is a serious condition often caused by medications, infections, and autoimmune conditions. It can also be caused by incorrect treatment or a misdiagnosis.
  • Polycystic Kidney Disease: Again, most polycystic kidney disease cases are due to medical conditions or genetic factors, but you can claim compensation if your condition worsens or rapidly progresses due to negligence.
  • Kidney Cancer: Kidney cancer is the 6th most common cancer in males and 10th in females (Cancer Research). While early-stage survival rates are high, the prognosis worsens with each stage. If your doctor or specialist misses cancer, you can claim compensation.

Am I eligible to make a kidney injury compensation claim?

Your eligibility for kidney injury compensation depends on whether you can prove negligence. The following scenarios suggest that someone else was responsible for your injuries:

  • You were owed a duty of care, and the other party failed (e.g. a doctor or your employer)
  • The negligence inflicted on you caused a kidney injury or damage
  • You have evidence to prove negligence

Before filing for kidney injury compensation, it is best to seek free legal advice by using the online form or calling 0800 234 6438. A specialist adviser will ask about your injuries and decide whether you’re eligible for compensation.

Can I make a no win no fee kidney injury compensation claim?

Claiming kidney injury compensation on a no win no fee basis is the best way to avoid financial risks. Traditional solicitors charge an hourly rate, and there are no guarantees that your case will be successful. Even if you win the case, the fees can add up, especially if it takes a while to settle.

Conditional fee compensation claims mean you don’t have to worry about paying your solicitor unless they win the case. It gives you peace of mind and ensures your financial situation won’t worsen.

How much compensation can I receive for a kidney injury?

There’s no set amount for a kidney injury, as each case is different. The compensation you receive depends on the extent of the damage and your ongoing expenses. All claims are split into two components:

  • General Damages: The injury or damage itself and your loss of amenity fall under the general damages category.
  • Special Damages: You can also add any expenses to your kidney injury claim, including earning losses, travel costs, medical expenses and any other financial implications associated with your injury.

Average compensation amounts for kidney injury claims

If you’d like to get an idea of how much you could receive, using a compensation calculator can be beneficial, but the best way to get an accurate idea is by speaking to a specialist solicitor. The following compensation amounts are estimates for kidney failure, loss and damage:

Kidney Injury/Damage Type Average Compensation
Losing one kidney but not suffering any damage to the other kidney Between £28,880 and £42,110
Loss of normal kidney function or risks of severe UTIs in the future Up to £78,080
Permanent damage or loss of both kidneys Between £206,730 and £256,780

What evidence do I need for kidney injury claims?

Whether you’re dealing with traumatic kidney injuries, complete kidney failure or the loss of one kidney, evidence is vital to securing compensation. While your solicitor will gather various information on your behalf, it’s also a good idea to simplify the process by collecting your own evidence.

The following types of evidence are most beneficial for speeding up your claim:

  • Witness Statements: If other people can back up your claim, getting statements is a good idea. For example, people can provide valuable testimony for incidents like car accidents, assaults and workplace injuries, which proves your claim.
  • Medical Records: Your medical records provide proof of your injuries and their long-term effect. For example, if damage to the kidneys causes frequent urinary tract infections, complete renal failure or any other form of damage, the information will be in your medical records.
  • Visual Evidence: If your injury occurs in the workplace or a car crash, you can take photos of the scene to prove that the environment is dangerous. Victims of assaults should provide visual evidence of their injuries.
  • Financial Statements: Your personal injury solicitor will claim special damages on your behalf, which means that you should gather relevant transactions. This includes travel costs, medical expenses, losses of earnings and any other financial difficulties caused by the injury.

File your compensation claim today

Claiming compensation for your kidney injury or damage can provide your family with financial support and ensure the negligent party takes responsibility in the future. If you’d like to get the ball rolling on your claim, call 0800 234 6438 or use the online form for free legal advice.

A specialist will look at your case and connect you with personal injury lawyers if you’re eligible for compensation.

What’s the time limit for claiming kidney compensation?

In most cases, you’ll have up to three years from the date of your injury or damage to claim compensation. It’s always best to file immediately, as these claims can take a long time to settle. Both parties need to agree on a settlement, and the cause could go to court.

Children can claim compensation up to three years after turning 18, with some exceptions in cases of questionable capacity.

Who will pay for my compensation?

That depends on how your injury occurred and who’s at fault because kidney injury claims are all different.

For example, if your injury occurred at work or due to a car accident, your solicitor will negotiate with the negligent party’s insurance company, while criminal claims might go through the Criminal Injuries Compensation Authority (CICA).

Claims against the NHS go through the Resolution Service, but private healthcare providers have insurance companies that deal with your claim.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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