Kidney Injury Claims

Your kidneys are essential for removing waste and extra fluid from your body. They also produce hormones that are crucial for various functions in the body. Other than being incredibly painful, a kidney injury can have a massive impact on your overall health, work and quality of life.

If you suffered a kidney injury due to someone else’s negligence, you might be entitled to make a compensation claim. Some typical situations that could lead to a kidney injury claim include medical negligence and acute trauma suffered in accidents where there is a direct blow to the abdominal area, such as falls from heights.

To find out if you are eligible to claim compensation, get in touch with a personal injury lawyer by calling 0800 032 3660 for a free consultation. You can also use our online claim form to request a call back.

What is a kidney injury?

A kidney injury refers to damage or trauma to one or both kidneys. These are vital organs that filter waste and toxins from the blood, regulate fluid balance, and produce hormones that are essential for the production of red blood cells and blood pressure regulation. There are various types of kidney injuries, including:

• Kidney trauma. Traumatic injuries to the kidneys can be due to blunt force trauma, such as from a fall, car collision or accident at work. These accidents can result in bruising, tearing or rupture of the kidney tissue.
• Drug-induced injuries. Certain medications, toxins, or contrast agents used in medical imaging procedures can cause kidney damage. This type of injury may occur due to direct toxicity to the kidney tissue or as a result of impaired blood flow to them.
• Kidney infections. Such infections are often due to bacteria moving from the bladder to the kidneys. This can cause inflammation and damage to the kidney tissue, with possible long-term complications.
• Penetrating injuries. Penetrating trauma occurs when a sharp object pierces through the abdominal wall and directly injures the kidneys. These can result from stab wounds or gunshots and can cause significant damage to the kidney tissue.
• Chronic Kidney Disease (CKD). Long-term conditions such as diabetes, hypertension, or autoimmune disorders can gradually damage the kidneys over time, leading to chronic kidney disease. If left untreated, this can cause kidney failure.
• Kidney cancer. This is one of the most common types of cancer in the UK. If it is related to workplace exposure or medical negligence, it may lead to a successful claim for kidney damage compensation.

Signs and symptoms of kidney damage

Kidney injuries can be divided into acute and chronic. Acute kidney injuries (AKI) have a sudden onset and are caused by trauma or infections. Chronic kidney diseases (CKD) develop slowly over months or years and lose function gradually. Your symptoms will depend on which kind of kidney injury you suffered and its severity.

Common symptoms of AKI include:

• Peeing less than usual or not producing any urine at all
• High blood pressure
• Pain in the abdomen, back, or on the side
• Fatigue and weakness
• Nausea and vomiting
• Dehydration
• A build-up of fluid in the body, which can lead to swollen legs or ankles
• Confusion or altered mental state

Common signs and symptoms of CKD include:

• Itching
• Muscle twitching or cramping
• Generalised fatigue and weakness
• Blood in the pee
• Swollen ankles, feet or hands
• Shortness of breath
• A metallic taste in the mouth
• Numbness or tingling in the arms and legs
• Unexplained weight loss
• Sleep problems
• Anaemia

If you have worrying symptoms, especially after an accident, do not hesitate to seek medical advice. Your doctor will diagnose your injury and prescribe the best treatment to prevent symptoms from worsening and ensure the best recovery possible.

How are kidney injuries diagnosed and treated?

If you have symptoms that suggest kidney damage, your doctor will give you a physical exam and order a series of tests to diagnose your condition. These may include:

• A blood test to measure the level of creatinine (high levels suggest your kidneys are not working as they should);
• Other blood and urine tests to check for waste products, sugar levels, proteins, and other indicators of kidney damage;
• Imaging studies such as ultrasound, CT scan, or MRIs can help see the kidneys and assess for any signs of injury, such as contusions, lacerations, or hematomas.

Your doctor will decide on the best course of treatment based on the cause and severity of your kidney problems. This could include:

• Rest and increase water intake for minor to mild injuries
• Pain medication and antibiotics if you have an infection
• A urinary catheter to drain the bladder if there is a blockage
• Lifestyle changes to improve your overall health as much as possible
• Medicine for related problems like high blood pressure or high cholesterol
• Diuretics to prevent too much fluid build-up
• In severe cases, a kidney transplant or dialysis (a procedure where a machine is used to remove excess salt, water and harmful waste from the body)

Possible consequences of a kidney injury

Injuries to the kidneys can lead to a series of complications and long-term problems, such as:

• Decreased kidney function and ability to filter waste products, toxins and excess fluid;
• Anaemia, resulting in symptoms such as fatigue, weakness, and shortness of breath;
• High levels of potassium in the blood, which can lead to muscle weakness, paralysis and heart problems;
• A build-up of fluid in the arms, legs or lungs;
• Metabolic acidosis, which can cause nausea, vomiting, breathlessness and drowsiness;
• Increased risk of cardiovascular diseases, heart attack and stroke.

When calculating how much compensation you deserve for your kidney damage claim, your solicitor will consider any complications resulting from your injury.

Can I make a kidney injury claim?

The easiest way to find out if you can make a kidney injury compensation claim is through a free consultation with a solicitor. They will ask you a few questions about your situation to verify whether:

• Another party owed you a duty of care
• They breached their duty by acting negligently
• You suffered an injury to your kidneys due to their negligence

A duty of care will be based on specific pieces of legislation, such as the Health and Safety at Work Act 1974, if you have had an accident at work. If you were injured in a car accident, then the Road Traffic Act 1988 would apply, and if you were hurt in a shop or restaurant, then the Occupiers Liability Act 1984 might be relevant to your case.

Evidence needed to make a kidney injury compensation claim

After establishing liability, your solicitor will help you gather everything you need to secure kidney injury compensation. This could be:

• Medical records from the GP or hospital that treated you will help prove the extent of your injury, treatments received and recovery prospects;
• A medical report from a specialist who can explain how your injury occurred and what your future care needs might be;
• Photographs, videos or CCTV footage of the accident scene can help prove how the accident occurred;
• Witness statements from bystanders who saw what happened can also help establish liability;
• Accident report forms if you suffered kidney damage due to an accident at work or on the premises of a private business;
• Any correspondence with a hospital if you formally complained about your treatment or symptoms;
• Your statement about how you were injured and the impact this has had on your activities and ability to work;
• You should also keep any receipts, invoices or wage slips that can prove the financial losses and expenses you incurred.

What situations could lead to a kidney damage compensation claim?

Common causes of kidney injuries that might lead to a compensation claim include but are not limited to:

• Road traffic accidents. In road traffic accidents, the impact of the collision can result in various kidney injuries. Blunt force trauma can be due to hitting the dashboard, ground or another vehicle, while penetrating injuries may result from sharp edges or broken materials piercing the abdomen.
• Criminal assaults. Physical attacks can result in kidney injuries due to being kicked or punched in the abdomen. Assaults with a weapon or gunshots can cause severe damage to the renal tissue and blood vessels, leading to internal bleeding and impaired function. Blameless victims of violence could claim compensation through the Criminal Injuries Compensation Authority (CICA) after reporting the incident to the police.
• Medical negligence. Medical professionals must offer a certain standard of care when treating patients. They must act as a skilled and knowledgeable professional with the same level of training under the same circumstances. If the care you received was substandard and you suffered avoidable harm as a result, you could be entitled to compensation. Examples include failure to diagnose an infection, prescription errors, surgical mistakes and misdiagnosis of kidney stones.
• Accidents at work. Employers must take all reasonable measures to prevent kidney injuries at work. They must provide proper training and adequate personal protective equipment (PPE), conduct thorough risk assessments and limit the time employees spend with harmful substances. If your employer breached their duty of care towards you, you have the right to make an accident at work claim. Under unfair dismissal laws, this cannot get you fired, demoted or otherwise disciplined.
• Falls. If you fall and land on your abdomen or back, this can cause trauma to the kidneys. Such accidents can be due to slippery surfaces, missing handrails, uneven steps or potholes and can result in contusions, lacerations and even kidney failure.

Frequently asked questions

Below, we have answered some of the most common questions people have about claiming kidney injury compensation. If you want to discuss your case further during a free consultation with a personal injury specialist, call 0800 032 3660 today or request a call back using our online claim form.

Can I make a claim for kidney damage on behalf of my child?

Yes. You may be able to claim compensation for a kidney injury on behalf of your child. If they suffered due to someone else’s negligence, a solicitor can help you apply to the court to be named as their litigation friend and begin your compensation claim. Once appointed, you will have several duties, which include making decisions about the case, gathering evidence, taking legal advice and considering any compensation offers from the defendant.

If you secure kidney damage compensation for your child, the money will typically be kept in a court bank account or a personal injury trust and released to the child on their 18th birthday.

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

The time limit to start a claim for kidney injury compensation is typically three years. Under the Limitation Act 1980, the three years will begin from the date of your accident or when your kidney injury or disease was diagnosed (date of knowledge). Failing to claim within this period will mean your case will be statute-barred and no longer valid.

There are some exceptions to the standard three year limitation period, which include:

• With child injury claims, the time starts to run on their 18th birthday. From this date, the injured child has until their 21st birthday to make a kidney damage claim.
• The time limit is suspended if the claimant cannot handle their case due to a condition that affects their mental capacity (such as dementia or a brain injury).
• If you’ve suffered a kidney injury as a result of a violent crime, you have two years to claim through the CICA.

How much compensation is a kidney injury claim worth?

The amount of compensation you could claim for a kidney injury will depend on the type of injury, the severity of the injury, and how it has affected your life. Your solicitor will consider two types of damages when calculating your compensation award:

• General damages cover the pain, mental suffering and loss of amenities caused by the injury.
• Special damages cover the related financial losses, such as loss of earnings during recovery, medical bills, care costs and travel expenses to medical appointments.

According to our compensation calculator, you could receive up to £44,880 for losing one kidney and up to £210,400 for severe and permanent damage to both kidneys (these numbers refer to general damages).

Will I get a No Win No Fee service?

Yes. If your case has merit and you have a fair chance to win kidney injury compensation, you will be offered a no win no fee service. That means you do not have to pay anything upfront to your solicitor and are not taking any financial risks.

They only receive a success fee capped at 25% of your compensation if they win your case. Otherwise, you do not pay them at all. Furthermore, the ATE insurance included in your agreement will cover all the litigation costs if the claim fails.

To find out if you can start a no win no fee claim, call 0800 032 3660 or enter your details into our online claim form. You will receive a free consultation with one of our personal injury solicitor partners, who will guide you through the claims process and answer all your questions.