Internal Bleeding Compensation Lawyers

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If you have suffered internal bleeding as a result of the negligence or fault of another party, you may have the right to make an internal injury compensation claim.

This page has been designed to provide essential information to guide victims and their family members in exploring their available options. Here, we’ll cover your rights and entitlements, how to make a claim, and how your compensation is calculated, among other useful details.

Smith's Lawyers team of internal injury claim experts offer free initial advice and no-obligation appointments at home, in hospital, in-office or via phone. All claims have no upfront costs or risks of being left out of pocket under our No Win, No Fee, No Catch® promise. We operate Queensland-wide.

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Understanding Your Rights After an Internal Bleeding Injury in Queensland

If you've suffered an injury in Queensland due to someone else's negligence, your compensation rights help mitigate the financial burden and emotional hardship that often accompanies such injuries. 

Different compensation schemes exist for claims related to road accidents, work accidents, and public place accidents.

Let's break down each of these: 

  • Car and Road Accidents: Queensland operates under the CTP Claims Scheme, which allows victims to seek compensation for injuries sustained in road accidents where another party is at fault.
  • Work Accidents: If your injury happened at work, you could make a Statutory claim through WorkCover Queensland or your self-employer, regardless of fault. Alternatively, if your employer was negligent, you could pursue a Common Law claim.
  • Public Place Accidents: Accidents that occur in public places can lead to Common Law claims against the public liability insurer of the party at fault.
  • Medical Negligence Claims: Internal bleeding injuries can be caused by medical negligence in situations like misdiagnosis, surgical errors, improper medication administration, or failure to monitor patients adequately. Liability insurances are in place to make a medical negligence claim against medical professionals who were negligent such as surgeons. 

In all these scenarios, your right to claim aims to cover medical expenses, loss of income, and other related costs, providing a legal route to achieving some form of rectification for your disruptive experience.

What is an Internal Bleeding Injury?

An internal bleeding injury refers to a condition where blood vessels within the body rupture and bleed inside the body, rather than externally through a cut or wound. This type of bleeding can occur in many different areas of the body including the head, chest, abdomen, or in the muscles. Internal bleeding can be potentially life-threatening if not addressed promptly due to the risk of decreased blood flow to vital organs. 

The severity of an internal bleeding injury can vary widely. Minor cases may cause only minor discomfort, while severe cases can lead to shock, organ failure, coma or even death. 

Recognising the symptoms of internal bleeding, such as pain, swelling, bruising, or changes in behaviour or consciousness level, can be critical in obtaining prompt medical treatment and improving prognosis.

Common Causes of Internal Bleeding Injuries

Internal bleeding injuries can occur in various situations ranging from traumatic road accidents to on-the-job incidents and even mishaps in public spaces. Understanding the common causes of such injuries is key to determining if you have a right to compensation.

Here are some common circumstances under which internal bleeding typically occurs: 

  • High-speed collisions: The sudden and violent impact in a high-speed car collision can cause blunt force trauma, potentially leading to severe internal bleeding including head injuries such as traumatic brain injuries.
  • Motorcycle accidents: Most riders lack the protective shell of a vehicle, often resulting in more severe injuries like internal haemorrhaging during accidents.
  • Falls from height: Falling from a significant height, as often encountered on construction sites or industrial settings, can result in hard impacts causing internal organs to bleed.
  • Equipment accidents: Mishaps involving heavy machinery or equipment can inflict blunt force injuries leading to internal bleeding.
  • Slip and fall accidents: Slipping on a wet floor, tripping over an obstacle, or falling can lead to internal bleeding if the impact is severe enough.
  • Assaults: Physical assaults that result in bodily harm can potentially cause internal bleeding injuries.

It's essential to consult with personal injury lawyers who understand the nuances surrounding the causes and impacts of such injuries to pursue the compensation that you deserve.

Common Types of Internal Bleeding Injuries

Internal bleeding accounts for approximately 30% of all trauma-related deaths. There are various possible types of internal bleeding injuries that can occur due to different types of accidents. Some of the common internal injuries are as follows: 

  • Traumatic Brain Injury (TBI): This refers to injuries that cause bleeding in the brain. They often occur due to severe head trauma experienced during road, work, or public accidents.
  • Hemoperitoneum: This medical term refers to blood accumulation in the space between the inner lining of the abdominal wall and the internal abdominal organs. It often is the result of blunt trauma to the abdomen.
  • Hemothorax: This occurs when blood accumulates in the space between the chest wall and the lung (the pleural cavity). It's common in accidents involving significant chest trauma.
  • Bleeding in the joints: Also known as hemarthrosis, this happens when blood accumulates in joint spaces, particularly in the knee, elbow, or shoulder. This can occur due to a direct blow or fall during an accident.
  • Abdominal Aortic Aneurysm (AAA) burst: This is often a consequence of a large impact to the mid- or lower back, causing the main artery in the body to rupture and bleed excessively inside the abdominal area.

Note that this list is not exhaustive. Internal bleeding is a common complication in traumatic injuries, and there can be many other variations of internal bleeding caused by blunt or penetrating trauma.

Workers Most At Risk of Internal Bleeding Injuries

Some professions and industries carry a higher risk of workplace-related internal injuries. The following are some of these sectors and the reasons for their elevated risk: 

  • Construction Workers: This industry often involves risky operations such as heavy lifting, handling dangerous tools, and exposure to falling objects. These risks can lead to injuries resulting in internal bleeding.
  • Factory and Equipment Operators: Operating heavy machinery and equipment carries a constantly high risk of accidents, which can, in turn, lead to internal bleeding injuries.
  • Healthcare Workers: Especially in emergency rooms and operating theatres, healthcare workers face the potential risk of accidents that could lead to internal injuries.
  • Police and Emergency Services Personnel: These roles are often exposed to violent situations or accidents, which may result in severe physical harm, including internal bleeding.
  • Athletes and Coaches: High-impact sports and physical training have a higher potential for injuries, including falls and trauma leading to internal bleeding.
  • Mining Workers: Miners are exposed to a variety of potentially hazardous situations, including cave-ins or equipment malfunctions, which can cause serious injuries like internal bleeding.

To check your compensation entitlements, request a free case review with our expert lawyers.

Understanding the Compensation Claims Process

Experiencing internal bleeding due to another's negligence can be severe and life-altering. You may be eligible for compensation for your pain, suffering, lost wages, and medical expenses.

Below is an outline of the steps involved of making a claim with personal injury solicitors: 

1. Seek free initial legal advice

The first step is to get in touch with a law firm that specialises in compensation claims for internal bleeding injuries. Such a firm will have the necessary expertise and understanding of the complexities of Queensland law and can confirm your legal options including eligibility to make a claim.

2. Engage a personal injury lawyer

After an initial phone assessment, the next stage is a no-obligation consultation to explain the process and client agreement in more detail and to gather initial key information relating to your accident and injury to help assess your case and your injury and identify the liable party. The client agreement will also be explained so you can understand the terms under which the personal injury law operates on. Smith’s Lawyers runs all claims risk-free with no upfront costs.

3. Gather evidence to build your case

Once your compensation matter is opened you will be allocated a personal injury lawyer who will start gathering the required evidence to build a strong case and to determine liability. This may include medical reports, accident reports, witness statements, CCTV or dashcam footage or documentation of any loss of earnings and financial losses due to your injury. Further down the track when your injuries have settled, your law firm may arrange for independent medical assessments such as occupational therapy assessment to assess your ability to work, long term recovery prospects and so on.

4. File your claim

Your personal injury solicitor will lodge a notice of claim and negotiate on your behalf with the liable parties, typically with their insurance companies (or their legal representatives) such as the CTP insurer of the at-fault party for road and car accidents or WorkCover Qld for workplace accidents. 

5. Negotiate with the at-fault party's insurer

Negotiations with the insurance company aim to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.

Most cases are settled out of court in a compulsory conference, an office based meeting involving yourself, your personal injury solicitor and a barrister they have engaged to lead the negotiations along with the legal representatives of the at-fault party's insurer. 

In the unlikely event that a settlement cannot be negotiated out of court, proceedings can proceed to court. In most ‘no win, no fee’ agreements, you could be liable for the other side's legal costs if your case is not successful in court. Smith’s Lawyers No Win, No Fee, No Catch® promise protects you from this risk and means you cannot not be out of pocket.

6. Settlement payment

If your claim is successful, you will receive a lump-sum tax free compensation settlement. The amount received will depend on different factors, including the severity of your injury, any impact on your earning capacity, and any medical expenses incurred. Legal fees are charged for the work completed only if there is a successful outcome.

Seek expert advice ASAP: Remember, each case is unique, and the process can vary based on the specifics. It's suggested to seek professional legal advice and have your case reviewed by an expert team to guide you in this journey. Smith's Lawyers are experts in personal injury claims and offer a Queensland-wide service with free initial advice to get you started in your claim process.

How Much Compensation for Internal Injuries

When you’ve been the victim of an injury resulting in internal bleeding due to another's negligence, your compensation amount will depend on a number of factors: 

  • Medical Expenses: These can include both ongoing and future medical costs related to internal bleeding. Treatment may involve surgery, hospital stays, medication, and continuous medical check-ups and consultations.
  • Loss of Earnings: If the internal bleeding injury has prevented you from working or will do so in the future, you can claim compensation for lost earnings. This includes not only current loss but future wage loss too.
  • Pain and Suffering: This covers the physical pain as well as any emotional distress caused by the injury.
  • Rehabilitation Costs: You may require physiotherapy or other forms of rehabilitation to recover from your injury. If the injury has left you needing care, even if provided by family members, this will add to the compensation amount.
  • Severity of the Injury: More serious injuries, which cause significant pain or long-term health issues, tend to result in higher compensation.
  • Recovery Time: Injuries that take longer to heal or require extensive physical therapy can lead to larger compensation sums.
  • Age: Younger victims with severe injuries may receive larger compensation due to the expected longer disruption to their career compared to someone closer to retirement age with the same injury.

Let's consider two individuals, John and Linda, who both suffer from a similar type of internal bleeding injury due to an accident that was no fault of their own. Even though the nature of their injuries is the same, their compensation claims can vastly differ due to various personal factors and circumstances. 

John, a 45-year-old construction worker, suffers an internal bleeding injury at his job site due to faulty machinery. His earning capacity is significantly impacted as the injury prevents him from returning to his physically demanding job. 

Compare this to Linda, a 28-year-old software engineer, who sustains a similar internal bleeding injury in a road accident. While her injury requires treatment, it does not significantly interfere with her capacity to work from her computer once she recovers. 

While injuries may be similar, personal circumstances such as age, occupation, and impact on future work ability are crucial components that play into the final settlement of internal injury claims.

Time Limits for Internal Bleeding Injuries

The typical time limit to file a personal injury claim, including internal bleeding injuries, in the state of Queensland is three years from the date the injury occurred. There are a few nuances to be aware of, however:

For work-related injuries in Queensland:

  • You have six months to lodge your claim with WorkCover. The six-month period begins whenever the incident takes place, either when you are injured or after a doctor has made their assessment. 
  • You have three years to commence legal proceedings for a common law claim. If your employer or a third party caused or contributed to your injury, this can be run alongside a standard WorkCover claim.

For motor vehicle-related injuries in Queensland:

  • You have 9 months from the date of the accident or when injuries first became apparent to lodge a Notice of Accident Claim Form (known as a 'NOAC') with the Compulsory Third Party Insurer (CTP Insurer). A “reasonable excuse for delay” can be provided outside the 9 months but must be within 3 years of the accident, or you will be barred from making a claim. 
  • Or, you have 1 month from when you first consult with a lawyer about the possibility of making a claim to lodge the form. When running a claim with Smith’s Lawyers, your appointed solicitor will help you complete and submit this form.  Note: This time limit is the earlier of the two (1 month vs 9 months), so if you have spoken to a lawyer about your potential claim, you must lodge the NOAC within 1 month.
  • Where the motor vehicle at fault cannot be identified (such as in a hit and run), or the vehicle was unregistered, you have 3 months from the date of the accident to lodge a Notice of Accident Claim form with the Nominal Defendant. For these claims, if you have missed the 3-month period, a reasonable excuse can be provided, but it must be provided within the standard 9-month limit; otherwise, you will be barred from making a claim.
  • After the Notice of Claim Form is lodged, you have 3 years from the date of the accident/injury to start legal proceedings.

These limits can fluctuate based on specific circumstances, such as exceptional delays in discovering the injury or if the injured party was under 18 at the time of the accident. For those under 18, the time limit begins when they reach adulthood.

At Smith's Lawyers, we offer free and no-obligation case reviews to aid you in understanding your legal rights after an injury. Operating on a No Win, No Fee, No Catch® basis, we aim to provide risk-free legal assistance and advocate for your right to proper compensation.

To check your compensation entitlements, request a free case review with our expert lawyers.

Frequently Asked Questions

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Do I need a lawyer to file a compensation claim for internal bleeding injuries?

While it's technically possible for you to file a compensation claim for internal injuries on your own, it's strongly advised to engage the services of a specialist solicitor. A seasoned internal bleeding compensation lawyer can effectively navigate the legal complexities involved, ensuring your rights are fully protected and enhancing your chances of getting a fair settlement.

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What evidence do I need to support my compensation claim for internal bleeding injuries?

For a successful compensation claim for internal bleeding injuries, key evidence includes medical records detailing the extent of your injuries and the treatment you received. You'll also need proof of negligence or fault from another party, such as incident or accident reports, witness statements, photographs or video evidence, etc. 

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Are there any upfront costs or risks?

No; our No Win, No Fee, No Catch® promise at Smith’s Lawyers means there are no upfront costs, and you can never be left out of pocket as a result of the claim. Typically with ‘no win, no fee’ agreements, you could still be liable for the other side's legal costs if your case goes to court and is unsuccessful. In the unlikely event that your case goes to court and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.

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Get expert advice today

To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Spinal Injury Compensation claims so you are clear on your rights during this difficult time.

Take our 2-minute free claim check

Fill in the form below to find out if you have a claim.

Last updated:
February 29, 2024

Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.