Chest Injury Claims

Chest injuries can range from a bruised rib to severe damage to the heart or lungs. While most injuries to the chest will heal with little to no long-term consequences, some can have a devastating impact on your life and can even be fatal.

Injuries to the chest can be caused by all types of accidents, such as car crashes or falls from a height, but also by inhaling toxic substances and prolonged exposure to irritants like dust and asbestos.

If you or a loved one suffered chest damage and related losses due to someone else’s fault, you could be entitled to compensation. A personal injury claim will cover all the pain and suffering you were caused, as well as financial losses and expenses incurred due to the other party’s negligence.

To find out if you can start a chest injury claim and how much compensation you could receive, do not hesitate to call 0800 470 0474 or request a call back for a free case assessment.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is a chest injury claim?
• Am I eligible to claim chest injury compensation?
• Common causes of chest injuries leading to claims
• What is the chest injury claims process?
• Evidence needed to make a chest injury compensation claim
• What is the time limit to make a personal injury claim for a chest injury?
• How much compensation could I get for my chest injury?
• Can I make a No Win No Fee compensation claim?

What is a chest injury claim?

A chest injury claim refers to the process of seeking compensation for damage to the chest that was caused, at least in part, by someone else’s actions or negligence. This process involves a series of steps that will be detailed below, such as gathering evidence and negotiating with the other party.

The most common types of chest injuries seen in compensation claims include:

• Rib or sternum fractures, usually caused by blunt trauma or direct impact to the chest, such as during road traffic accidents or falls;
• A collapsed lung, often resulting from a broken rib, penetrating injuries or severe blunt force trauma;
• Haemothorax, which is internal bleeding in the chest cavity caused by significant trauma or accidents;
• Bruising of lung tissue due to impact injuries, frequently seen in road accidents or falls;
• Cardiac injuries, such as ruptures or bruising of the heart muscles, can occur in severe accidents or assaults;
• Tears or ruptures in the diaphragm caused by high-impact trauma;
• Chest muscle strain, often due to lifting heavy objects at work or sports-related injuries;
• Chest infections due to errors in surgery or delayed diagnosis leading to worsening conditions;
• Industrial and asbestos-related diseases, such as mesothelioma, lung cancer, COPD, emphysema and asbestosis;
• Injuries to the trachea or oesophagus due to blunt force trauma or penetrating injuries, such as ruptures and perforations.

The nature of your injury and its severity will determine the amount of compensation you could receive for your pain and suffering.

Am I eligible to claim chest injury compensation?

The easiest way to find out if you could claim compensation for chest damage is by speaking with a personal injury solicitor as soon as possible. They will ask you some questions about what happened to verify whether:

• Another party, such as an employer, car driver or business, owed you a legal duty of care.
• They breached this duty through negligence or wrongdoing.
• You suffered an injury to the chest area due to their breach of duty.

Your solicitor will be able to prove that a legal duty existed by referring to relevant legislation. For example:

• The Health and Safety at Work Act 1974 allows you to make an accident at work claim if your employer failed in their legal duties;
• The Road Traffic Act 1988 established a legal framework used to prove liability for accidents on the road;
• The Occupiers Liability Act 1957 is used to prove negligence for accidents on private premises such as supermarkets.

Once liability is established, your injury lawyer will help you collate the evidence you need to prove how you suffered your injury and how this has affected your life.

Common causes of chest injuries leading to claims

Chest trauma and illnesses can arise from various accidents and environmental conditions, such as:

• Road traffic accidents. Accidents on the road can result in severe trauma, such as fractured ribs or internal organ damage, especially to vulnerable road users such as pedestrians and cyclists.
• Accidents at work. You could suffer chest injuries at work from various incidents, such as machinery accidents, falling objects, slips and falls.
• Slips, trips and falls. Accidents in public places such as shops and restaurants can result in blunt force trauma to the chest if you fall onto a hard surface or an object.
• Sports incidents. Contact sports, horse riding and many other activities, such as skydiving, can lead to chest injuries, especially if proper safety protocols are not followed.
• Criminal assaults. Violent attacks, such as being stabbed with a weapon or kicked in the chest, can cause severe injuries, potentially leading to a claim through the Criminal Injuries Compensation Authority (CICA).
• Military accidents. You may suffer injuries to the chest during training or active duty, such as from falls, vehicle collisions, blasts and gunfire.
• Medical negligence. Errors during surgery, diagnostic errors or inadequate treatment can lead to or worsen chest injuries and conditions such as infection or bronchitis.
• Defective products. You could suffer chest trauma from faulty products such as protective equipment, airbags or ladders.
• Industrial accidents. Explosions, exposure to harmful substances or lack of protective equipment can result in significant chest trauma or respiratory damage.

If you’ve suffered a chest injury due to someone else’s actions or negligence, you could be entitled to claim compensation for your pain, suffering and financial losses.

What is the chest injury claims process?

The process of claiming compensation for an injury to the chest is similar to any other type of personal injury case. The main steps include:

• A free initial consultation with an experienced personal injury solicitor to assess the strength of your case, your likelihood of success and how much compensation could be awarded to you.
• Gathering evidence to prove that another party is responsible for your injury, such as photos, accident reports and witness statements. Your solicitor will also collate further proof to show the injuries you sustained and how these have affected your life, such as medical and financial records.
• An independent medical examination with a specialist is needed to assess the severity of your chest damage, its long-term implications, and your future care needs.
• Submitting a letter of claim to the defendant to inform them of your intentions and the level of compensation you are expecting.
• If the defendant admits fault for the injury, your lawyer will negotiate with them to reach a fair settlement. If they deny it, your solicitor will take your case before a judge who will review the evidence and determine the outcome of your claim.
• If your case succeeds, you will typically receive compensation within four weeks.

Evidence needed to make a chest injury compensation claim

You could use various types of evidence to support a chest injury claim, depending on your specific situation. These include:

• Photographs or videos of the accident scene, taken from various angles, before anything is moved or replaced;
• If available, your solicitor can also secure CCTV or dash cam footage on your behalf, which can show exactly what happened and who is at fault;
• Statements from witnesses who saw the accident or were aware of the conditions that caused your injury;
• A copy of a police report if you were involved in a criminal act or road traffic accident;
• A copy or an accident report if you were injured at work or on the private premises of a shop, restaurant or another business;
• Medical records such as X-rays, doctor’s notes and other diagnostic tests to prove the types and severity of the injury and the treatments you received;
• An independent report from a specialist regarding the cause of your injury and its long-term effects;
• Your account of the injury’s impact on your well-being, work and daily activities;
• You also need evidence of financial losses you want to include in your claim, such as receipts for travel expenses and lost wages during recovery.

What is the time limit to make a personal injury claim for a chest injury?

Under the Limitation Act 1980, you have three years to make a chest injury compensation claim, starting from:

• The date of the accident that caused your traumatic injury to the chest wall.
• The date your injury was diagnosed and linked to a specific cause if you developed an injury or illness over time (known as the date of knowledge).

While three years seem long, we advise you to seek legal support as soon as possible. The sooner you begin the claims process, the easier it will be for your lawyer to gather supporting evidence and build a case that maximises your compensation amount.

Furthermore, if you do not begin legal proceedings within three years, your case will be statute-barred and no longer valid. There are a few exceptions to this time limit:

• Child injury claims can be made at any time before the child’s 18th birthday. Afterwards, the injured child has until the age of 21 to start a claim themselves.
• If the claimant cannot handle a legal case due to their injuries or a pre-existing condition such as Alzheimer’s disease, the time limit is put on hold or suspended. In this case, a suitable adult can represent them as a litigation friend anytime.
• You have two years to claim personal injury compensation if you were the victim of a criminal assault.
• If you were injured during military service, you have seven years to claim through the Armed Forces Compensation Scheme (AFCS).
• If you lost a loved one following a severe injury to the chest cavity, you could start a claim within three years of their death.
• You can also claim compensation for injuries abroad, but the time limit could vary from country to country.

How much compensation could I get for my chest injury?

The compensation for a chest injury is calculated on a case-by-case basis. Your circumstances are unique, so it is hard to predict how much you might receive without knowing the details of your claim.

Your solicitor will calculate how much compensation you can claim based on two types of damages related to your injury:

General damages cover the actual injury and its subjective impacts on your life, which could include:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Reduced quality of life
• Loss of ability to engage in hobbies and activities you used to enjoy
• Scarring and disfigurement

Special damages cover financial losses and expenses incurred due to the injury, such as:

• Prescriptions and private medical treatments
• Rehabilitation and physical therapy
• Loss of earnings due to taking time off work during recovery
• Loss of earning capacity if you suffered a permanent disability
• Travel expenses to medical appointments

Special damages are more straightforward to calculate as they are based on physical evidence such as receipts and payslips. To calculate general damages, your solicitor will refer to historical cases and the guidelines from the Judicial College. According to our compensation calculator, you could receive:

• £2,300 to £4,820 for a bruised or broken rib injury with no internal damage
• £2,680 to £6,500 for a collapsed lung with complete recovery
• £6,500 to £15,370 for inhalation of toxic fumes or smoke with some residual damage
• £15,370 to £66,920 for injuries to the chest and lungs with some ongoing disability
• £63,250 to £97,000 for injuries causing permanent damage and reduced life expectancy
• Up to £183,190 for the removal of one lung and/or substantial damage to the heart

Can I make a No Win No Fee compensation claim?

If you are eligible to make a chest injury claim, you do not have to worry about the cost of legal representation. The solicitors we partner with will offer you a 100% no win no fee agreement, which means you can seek compensation without taking any financial risks. This service works as follows:

• Your solicitor will take on the risk of litigation and will not ask you to pay any upfront fees.
• If you make a successful claim, they will be entitled to a pre-agreed percentage of your compensation award. This is known as a success fee and is capped at 25% of your past financial losses and general damages. Your payment for general damages will be increased by 10% to offset its impact.
• If you lose the claim for a chest injury, you will not have to pay your lawyer a single penny.

The no win no fee service also allows you to take out After the Event (ATE) insurance for further financial security. This type of insurance covers all the litigation costs associated with the claim if you lose, such as:

• Medical and police reports
• Court and counsel fees
• Expert witnesses
• Travel expenses related to the case
• The defendant’s solicitors
• The cost of the ATE premium, which you won’t pay unless you win

To find out if you could claim compensation for your chest injury on a no win no fee basis, you can call 0800 470 0474 or use our online contact form to request a call back. You will receive a free case assessment with no obligations.

Last edited on 13th Jan 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.