Claiming kidney injury compensation is usually a simple process, although it is different in every case. It starts when you contact the team at JMW to talk about your experience of medical negligence and the effects on your health. We will assess your claim and let you know whether or not you are eligible to claim compensation. If you wish to go ahead, we will start the claims process on your behalf.

First, we will gather evidence including medical records, hospital investigation reports, and statements from witnesses. Then, we will contact independent medical experts specialising in the area of treatment that your case concerns and ask them to prepare reports outlining whether your care was negligent, and whether this caused you harm. This will help us to prove that your kidney injury occurred due to medical failings, and ensure that you receive the full amount of compensation you are owed. From there, we will write up a letter of claim and send it to the doctor or NHS trust we believe was at fault.

It might be possible to resolve your kidney injury compensation claim at this stage. If the other party accepts their responsibility for your injury we can begin to negotiate over the compensation you should receive. If the other party denies responsibility, as long as the experts remain supportive of your case, we will continue to fight on your behalf. In very rare cases, there may be a hearing in court before a judge.

For patients who need ongoing care for a chronic kidney disease or injury, our solicitors may also be able to secure interim payments. This means you will receive part of your compensation payment early, so that the money can start to benefit your recovery and meet your ongoing care needs before the case is concluded.

There is usually a time limit for making a medical negligence compensation claim, including a kidney injury claim. This is generally three years from the date of the incident, or from the date when you first realised that your injury was due to medical negligence. A kidney injury can take time to become apparent, although you should speak to a solicitor as soon as you are aware that you have suffered a kidney injury due to clinical negligence to make sure you start the process on time.

Some exceptions also apply to this rule, including in the following cases:

• If the injured person is a child (under 18 years of age), the three-year limitation period does not begin until their 18th birthday. This means they have until their 21st birthday to make a claim, and their parents can make a claim on their behalf at any time before this.
• If the claimant is deemed to lack the mental capacity to make their own decisions, the three-year time limit does not apply. If they never regain capacity, there is effectively no time limit, but if they regain the capacity, the three-year time limit starts on this date.
• For claims made on behalf of a deceased person's estate, the time limit is three years from the date of death, or from the date the cause of death was linked to medical negligence.

Your solicitor can advise you on your eligibility to claim and make sure the process is started within any time limits or deadlines, provided you instruct them straight away.

Every compensation claim is different, just as every kidney injury is different. A kidney injury compensation award will take into account several factors to make sure you are compensated for your pain and suffering, and that all of your financial losses related to the injury are covered.

There are two types of damages that form the basis of kidney compensation: general damages and special damages.

• General damages: this aspect of your compensation claim takes into account the pain, suffering and loss of amenity you experienced as a result of your kidney injury. It is based on Judicial College guidelines, which set minimum and maximum values for each type of compensation. More serious injuries will usually entitle the patient to more compensation, in recognition of the more complicated recovery they will usually face and the longer-term consequences they can expect.
• Special damages: this component of your compensation award is based on any financial losses related to your injury. This can include everything from private medical treatment to lost earnings during your recovery, and also accounts for future losses. For example, if an injury will affect your ability to work in the future, these lost earnings can be factored into the calculation. This is based on any receipts you can provide for your expenses, along with expert estimations of the long-term effects of your injury.

If you are left with a permanent disability or other changes to your life circumstances, a compensation claim can help to support this transition. It will also lead the NHS (or the operator of a private hospital) to consider whether there are ways to minimise the risk of a similar kidney injury occurring in the future.

The only way to determine how much compensation you can expect to receive is to speak to an expert medical negligence solicitor about the specifics of your case. Contact JMW today, and we can discuss the process through which kidney injury claims are assessed and compensation amounts are calculated.