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Kidney injury compensation claims

If you've suffered kidney damage in an accident that wasn't your fault, we can help you make a kidney injury compensation claim.

Call us free on 0800 678 1410

Kidney Injury Claims

The kidneys are vital organs that play a crucial role in maintaining the body’s health. They are responsible for removing waste and excess fluid, as well as regulating the body’s chemical balance. As a result, a kidney injury can have a profound impact on your physical health, daily activities, and overall well-being.

Kidney injuries can be caused by trauma, or they can be due to infections and other medical conditions. Some everyday situations that can cause damage to the kidneys include road traffic accidents, falls from heights, accidents at work and criminal assaults. These can lead to minor or more severe injuries and, when negligence can be established, can lead to a successful kidney injury claim.

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Speak to a legal advisor, today!

Friendly legal advisors are available to discuss your kidney injury claim today.

  • Find out if you have a valid claim
  • A risk free, no win no fee* service
  • We are available 7 days a week
  • Experienced personal injury lawyers

What is a kidney injury?

The kidneys are two organs about the size of a fist, shaped like a bean and located on either side of the spine, below the rib cage. They perform several vital functions to maintain overall health. These include filtering blood to remove toxins and waste products, regulating blood pressure, balancing electrolytes and producing several essential hormones.

Kidney injuries can range from minor bruises to severe damage that may impair their function. They can be classified into several main categories:

  • Acute kidney injuries (AKI) are a sudden and often reversible decline in kidney function, often due to severe dehydration, heart failure, sepsis or toxins.
  • Chronic kidney disease (CKD) is a long-term condition characterised by a gradual loss of kidney function over months or years. CKD can be due to medical conditions such as diabetes, hypertension, kidney stones, polycystic kidney disease or exposure to toxic substances.
  • Kidney cancer, also known as renal cancer, is the 6th most common type of cancer in the UK, with around 13,800 new cases every year. It develops when abnormal cells in the kidney grow uncontrollably and can be cured in its early stages.
  • Kidney infections, also called pyelonephritis, occur when bacteria infect the kidneys. Symptoms include fever, back pain, and urinary urgency. If left untreated, kidney infections can cause serious complications, such as sepsis or kidney damage.
  • Traumatic kidney injuries are the most common causes leading to kidney injury compensation claims. They can be due to blunt trauma from falls or car accidents, penetrating injuries or crushes.

Signs and symptoms of kidney injuries

Depending on the type of kidney injury and its severity, the most common signs and symptoms you can notice include:

  • Pain. Pain in the back or side, typically below the ribs, is a common symptom of kidney injury. This pain may be sharp or dull and can sometimes radiate to the abdomen or groin.
  • Blood in the urine. Haematuria, or blood in the urine, is a common sign of kidney injury. The urine may appear pink or red, indicating the presence of blood.
  • Changes in urination. Increased frequency, urgency, or difficulty urinating. Some individuals may also experience pain or burning during peeing.
  • Swelling. Swelling, particularly in the legs, ankles, feet, or face, may occur due to fluid retention.
  • Fatigue. Kidney injuries can lead to fatigue and weakness due to the build-up of waste products in the body and decreased production of red blood cells.
  • Shortness of breath. In severe cases, fluid accumulation in the lungs (pulmonary oedema) can cause shortness of breath, especially when lying down.
  • Nausea and vomiting. Kidney injuries can cause nausea, vomiting, and loss of appetite due to the accumulation of toxins in the bloodstream.
  • Hypertension. High blood pressure can be both a cause and a consequence of kidney injury. Persistent high blood pressure may indicate kidney damage.
  • Fever and chills. In cases of kidney infection or inflammation, such as pyelonephritis or glomerulonephritis, you may experience fever, chills, and flu-like symptoms.
  • Changes in skin colour. Pale skin, especially in relation to other symptoms like fatigue and weakness, may indicate anaemia resulting from a kidney injury.

Treatment and possible long-term consequences

The treatment for a kidney injury will depend on its type and severity. Key methods include:

  • Rest and reduced physical activity;
  • Painkillers to manage any associated pain and discomfort;
  • Antibiotics, if the injury is due to an infection;
  • Blood pressure medication to control high blood pressure and reduce strain on the kidneys;
  • Intravenous fluids to maintain hydration and support kidney function;
  • Diuretics help kidneys remove excess fluid if there is fluid retention;
  • Lifestyle changes, such as reducing sodium, potassium, protein intake and certain medications like NSAIDs and antibiotics;
  • Surgical intervention may be necessary for severe injuries such as lacerations, ruptures or other significant damage;
  • In cases of acute kidney failure or chronic conditions, dialysis may be needed to filter waste products from the blood.

The long-term consequences of kidney injuries can vary widely. These depend on the extent of the damage and how well the treatment works and may include:

  • Chronic kidney disease, where kidney function will get worse over time;
  • Hypertension, which may cause further kidney damage and increase the risk of cardiovascular problems;
  • A permanent reduction in kidney function, which will need ongoing monitoring and lifestyle changes;
  • Higher risk of urinary tract infections (UTIs) and kidney infections;
  • Imbalances in electrolytes such as potassium, sodium, and calcium, which can affect overall health;
  • Anaemia, due to reduced secretion of erythropoietin, a hormone that stimulates red blood cell production;
  • Bone disease and increased risk of fractures due to changes in calcium and phosphate metabolism;
  • Chronic fatigue and impact on your quality of life and ability to engage in everyday activities;
  • The need for long-term dialysis or a kidney transplant in case of complete kidney failure.

If you are entitled to compensation for a kidney injury, the settlement will include an assessment of all the ways in which the injury has had an impact on your life.

Can I make a kidney injury compensation claim?

If you’ve suffered a kidney injury, you may be eligible to make a claim for compensation. The fastest way to determine whether you have a valid case is through a free consultation with a personal injury lawyer. They will help you claim kidney injury compensation if the following apply to your situation:

  • Another party owed you a duty of care legally;
  • They breached this duty through negligence or wrongdoing;
  • You suffered an injury within the past three years due to the defendant’s actions or omissions.

Personal injury solicitors can quickly establish a duty of care based on relevant legislation. This could be the Road Traffic Act 1988 if you were injured in a car accident, the Health and Safety at Work Act 1974 if you were injured while doing your job, and so on. Once this is established, they will help you gather all the evidence you need to secure the compensation you deserve.

What evidence do I need to make a kidney injury claim?

The types of evidence you may need to claim compensation for your kidney injury include:

  • Photographs or videos of the accident scene and any hazards that contributed to your injury, taken before anything is moved or replaced;
  • Photos of visible injuries, such as bruises or lacerations;
  • If available, you can request CCTV or dashcam footage of the accident to show precisely how the events occurred;
  • Witness statements from bystanders can help corroborate your version of the events and assess liability;
  • Medical records and diagnostic tests that show the type and severity of your injury and the treatments you received;
  • A medical report about your recovery prospects and the long-term effects of your injury on your life;
  • Your statements about how you suffered kidney damage and how this has affected the quality of your life;
  • If you were injured at work or on the grounds of a company, a copy of an accident report filed with the liable party;
  • You also need evidence, such as receipts and invoices, to prove all the financial losses and expenses incurred due to the accident.

Common accident leading to kidney damage claims

Common accidents and situations that may lead to kidney damage compensation include:

  • Road traffic accidents. High-speed collisions or impacts can result in blunt force trauma to the kidneys, leading to significant injury.
  • Accidents at work. Workplace incidents involving heavy machinery or falls can cause traumatic kidney injuries. If your employer failed in their duty of care towards you, you may be entitled to make an accident at work claim.
  • Criminal assaults. Physical assaults, such as being kicked or punched in the abdomen or back, can damage the kidneys. Blameless victims of violent crimes can claim for kidney injuries through the CICA.
  • Medical negligence. Errors in diagnosis, surgery, or medication administration can also cause kidney damage. A medical negligence solicitor can help secure kidney injury compensation if you have received substandard care.
  • Sports injuries. High-impact sports or accidents during athletic activities can result in kidney trauma. If the injury was due to inadequate safety measures or negligence, it can lead to a successful personal injury claim.
  • Falls. Falling from a height or slipping on a wet surface can cause kidney injuries. Such accidents are typically due to poor housekeeping or a lack of warning signs.

What is the time limit to start a kidney injury compensation claim?

The time limit to start a personal injury claim, including for kidney damage, is set by the Limitation Act 1980 and is typically three years, starting from either:

  • The date of the accident that caused your kidney problems
  • The date your injury was diagnosed and linked to a specific event (date of knowledge)

It is essential to start the kidney injury claims process within this time limit. If you fail to do this, your case will be statute-barred, and the court will no longer accept it. Thus, if you want to make a personal injury claim, you should call us as soon as possible to be put into contact with an experienced solicitor. That will help them gather the necessary evidence and ensure your claim is ready within the time limit.

There are a few exceptions to this limitation date:

  • With child injury claims, the three years only begin to run on their 18th birthday. Before that, a suitable adult could start a claim on their behalf at any time.
  • A litigation friend can claim compensation at any time on behalf of someone who cannot handle a case due to a condition such as Alzheimer’s or a stroke.
  • If you were injured due to a criminal assault, you have two years to make a kidney injury compensation claim through the CICA.

How much compensation for a kidney injury can I claim?

The amount of compensation you may be able to claim for a kidney injury will depend on its type and severity. As each case is unique, your solicitor will include all your specific losses in your settlement to secure the maximum payment available to you. This will consist of two types of damages:

General damages cover the kidney injury and the way it has affected your life. Examples include:

  • Physical pain and suffering
  • Mental and emotional distress
  • Reduced quality of life
  • Scarring from surgical interventions
  • Loss of amenities, such as the ability to play a sport you used to enjoy

Special damages cover financial losses related to your accident and injury, which may include:

  • Private medical treatments
  • Rehabilitation and counselling
  • Loss of earnings from taking time off work
  • Loss of/reduced earning capacity
  • The cost of care and assistance during recovery
  • Travel costs for medical appointments

According to our compensation calculator, which is based on the guidelines from the Judicial College, you could receive the following kidney damage compensation awards:

  • £30,770 to £44,880 for the loss of one kidney
  • Up to £210,400 for loss of normal kidney function and irreversible damage to both kidneys

Can I make a claim using a No Win No Fee solicitor?

If you are eligible to claim kidney injury compensation, your solicitor will work on a no win no fee basis. You will not have to pay any upfront fees, and you will only pay for your personal injury lawyer’s services if your claim is successful. In this case, they will receive a success fee that is capped at 25% of your compensation award. If your claim fails, you do not have to pay them anything, which means there is no financial risk in taking legal action.

Before starting legal proceedings, your solicitor may also take out After The Event (ATE) insurance to protect you from the costs and disbursements incurred during litigation. If you lose, the ATE policy would cover all of these, including:

  • Court and counsel fees
  • Police and medical reports
  • The cost of expert witnesses
  • Travel expenses
  • The defendant’s costs and solicitors

To get started with a kidney injury compensation claim, do not hesitate to contact us by calling free on 0800 678 1410 or requesting a call back. You will receive a free case assessment with no obligation to proceed with a claim.

CTA Image

Speak to a legal advisor, today!

Friendly legal advisors are available to discuss your personal injury claim today.

  • Find out if you have a valid claim
  • A risk free, no win no fee service
  • We are available 7 days a week
  • Experienced personal injury lawyers

*Personal injury claims are provided on a no win no fee basis. If your claim is successful, your solicitor will receive a success fee of up to 25% of your compensation. If any additional costs could be payable, such as taking out legal protection insurance, these would be fully explained upfront by your solicitor before you decide to proceed with your claim. Termination fees may apply based on time spent on your case, or in situations such as: lack of cooperation, deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing. Please visit our guide to no win no fee claims page for further information.

Nick

Last edited on 17th Jul 2024

With over 15 years in the legal industry, Nicholas Tate has a wealth of knowledge and experience covering all types of personal injury and clinical negligence claims.