Internal Organ Damage & Internal Bleeding Compensation Lawyers
We are Smith’s Lawyers, expert compensation lawyers with offices across Queensland, including Brisbane, Gold Coast, Sunshine Coast, and major regional centres. We provide free initial advice and 100% risk-free claims with no upfront costs as part of our No Win, No Fee, No Catch® promise for internal organ damage and internal bleeding compensation claims.
If you or someone close to you has suffered internal organ damage or internal bleeding in Queensland as a result of someone else's fault or negligence, you may be entitled to compensation.
We know that going through an internal injury can be difficult and overwhelming, especially with symptoms that aren’t always immediately apparent. These types of injuries are serious and usually require extensive medical treatment and lengthy recovery periods, as well as having long term impact on your ability to work and enjoy life.
Compensation goes a long way toward easing the financial burden during your recovery and can help fund ongoing treatment and rehabilitation.
Smith's Lawyers offers free initial advice with no-obligation appointments at your home, hospital, our office, or over the phone. We operate under our unique No Win, No Fee, No Catch® promise, so you won’t have to pay any upfront costs and we cover the other side's legal costs if your case goes to court and is unsuccessful.
Our experienced team works across Queensland and is dedicated to helping you understand your rights and getting the compensation you deserve.
Fill in the form below to find out if you have a claim.
Understanding Your Rights After Internal Organ Damage
Thousands of Queenslanders suffer internal injuries every year, with 18,729 hospitalisations nationally in 2020-2021 for serious internal injuries. Approximately 1 in 5 of these cases takes place in Queensland, making it a significant health and legal issue across our state.
The lifetime costs of treating severe internal organ damage can quickly exceed $500,000, especially when taking emergency surgery, ongoing medical care, rehabilitation, and lost earning capacity into account.
If your internal injuries are the result of someone else's negligence or fault, you have legal rights to compensation.
Your options depend on the nature of your injury:
Road and Car Accidents: Queensland's Compulsory Third Party (CTP) insurance scheme provides compensation for any injuries caused by someone else’s negligent driving. All CTP claims must be made within nine months of the accident, with three years to commence court proceedings.
Workplace Accidents: WorkCover Queensland provides statutory benefits no matter who is at fault. It covers medical expenses and wage replacement. If it’s your employer that was negligent, you can pursue a common law claim for a tax-free lump sum settlement.
Public Place Accidents: if an internal injury happens because of unsafe premises or a public space hasn’t been appropriately maintained, you can claim against the responsible party's public liability insurance.
Every individual case is unique, which means that the specific circumstances of your injury will decide the best legal course of action. For this reason, seeking specialist advice as early as possible is vital if you want to protect your rights and get as much compensation as possible.
What is Internal Organ Damage?
Internal organ damage is when an injury affects vital organs inside the body, including the spleen, liver, kidneys, bowel, lungs, heart, and pancreas. Injuries like these can range from minor bruises to life-threatening ruptures that require emergency surgery.
Internal bleeding is a result of damage to blood vessels, causing blood to accumulate where it shouldn't. This can happen gradually or rapidly and may not always produce immediate external symptoms, making it particularly dangerous. Symptoms can include pain, swelling, bruising, difficulty breathing, nausea, vomiting, and dizziness.
The severity of internal organ damage varies significantly:
- Grade I-II injuries may involve minor tears or bruising that heal with conservative treatment
- Grade III-IV injuries typically require surgical intervention and are more complicated and risky
- Grade V injuries represent complete organ destruction, often requiring removal or transplant
Internal injuries have a profound effect on daily life and a person’s capacity to work. Even after initial treatment, many survivors go through chronic pain, reduced immune function (particularly after spleen removal), and dietary restrictions, and need long term medical monitoring.
Research indicates that around a third of people who survive internal injuries develop long-term complications affecting their quality of life and ability to work.
Common Causes of Internal Organ Damage
If someone suffers an injury to their internal organs in Queensland, it usually arises from one of several accident scenarios:
Motor Vehicle Accidents
- High-impact collisions causing blunt force trauma from seatbelts or steering wheels
- Motorcycle accidents in which riders hit the road or barriers
- Pedestrian accidents involving significant force
- Rural accidents, as longer emergency response times result in 3.2× higher fatality rates
Workplace Incidents
- Falls from height
- Crush injuries from heavy machinery or falling objects
- Forklift accidents
- Industrial accidents involving moving equipment
Public Place Accidents
- Slips and falls on uneven or wet surfaces
- Sports-related injuries
- Assault causing blunt force trauma
- Defective equipment or unsafe premises
Medical Negligence
- Errors during surgical procedures
- Delayed diagnosis of internal bleeding
- Medication errors leading to organ damage
- Failure to properly monitor post-operative patients
The nature of the injury often determines which organs are affected: left-sided impacts generally damage the spleen, while right-sided trauma more frequently affects the liver and kidneys.
Workers Most at Risk
There are certain industries and jobs which come with significantly higher risk of internal organ injuries:
High-Risk Industries
Construction and Building - construction workers are at increased risk of injuries stemming from falls, being struck by objects, and equipment accidents. Safe Work Australia data shows 28% of workplace internal injuries occur in construction.
Transport and Logistics - professional drivers, warehouse workers, and freight handlers are more likely to suffer crush injuries and vehicle-related trauma. This is around 22% of workplace internal injuries.
Healthcare - patient handling, workplace violence, and occupational exposures put healthcare workers at risk of internal injuries, making up roughly 17% of cases.
Mining and Resources - operating heavy machinery and working underground significantly increase the likelihood of traumatic injury.
Agriculture - handling livestock, operating heavy farm machinery operation, and working in remote locations all increase risk of injury and cause treatment delays.
Specific At-Risk Roles
- Heavy vehicle operators and professional drivers
- Warehouse and forklift operators
- Construction site supervisors and trades workers
- Emergency services personnel
- Healthcare workers in acute care settings
There is an array of prevention strategies for internal organ injuries in the workplace, including proper safety training, personal protective equipment use, regular equipment maintenance, and comprehensive workplace safety protocols.
In situations when prevention fails and there is negligence involved, workers have rights to both statutory benefits and common law compensation.
Internal Organ Damage Claim Process - Key Steps
1. Seek legal advice
The first thing you should do is contact a specialist compensation law firm with expertise in internal organ damage claims and an intimate understanding of Queensland law. We can help you with this at Smith’s Lawyers. Internal injuries come with unique challenges when it comes to proving causation and the extent of damage, which is why finding a lawyer experienced in medical evidence and expert testimony is so important.
2. Engage a personal injury lawyer
Your lawyer will explain the entire compensation process to you, gather all the information about the accident and injury required, assess the merits of your case, and identify the liable party. They will also clearly explain the client agreement and fee structure.
Smith's Lawyers runs all internal injury claims completely risk-free under our No Win, No Fee, No Catch® promise.
3. Gather evidence to build your case
Your lawyer will then systematically collect evidence, including detailed medical reports, accident reports, witness statements, CCTV or dashcam footage, and documentation of lost earnings. Independent medical assessments will be organised in order to determine your capacity to work and the prospect of recovery. This is of particular importance because many internal injuries have delayed complications.
4. File your personal injury claim
The required notice of claim will be lodged and your lawyer will begin negotiating with liable parties and their insurance companies (this could be a CTP insurer, WorkCover Queensland, or public liability insurance).
For injuries to internal organs, this usually involves complex medical evidence to demonstrate the full extent of your injuries and their impact on your life and ability to work.
5. Negotiate with the at-fault party's insurer
Your lawyer will negotiate on your behalf to try and achieve a fair settlement which covers all medical expenses, lost wages, and pain and suffering. The majority of internal injury cases are settled through compulsory conference processes, but if court proceedings become necessary, Smith's No Win, No Fee, No Catch® promise protects you from paying the other side's legal costs even if your claim is unsuccessful.
6. Settlement payment
If your claim is successful, you will receive compensation in a lump-sum, tax-free payment. The amount will depend on the severity of your injury, its impact on your earning capacity, and any ongoing medical expenses you may have which arose from the accident. Legal fees are only charged if the outcome is successful.
If you suffer an internal injury, it’s of the utmost importance that you seek expert advice as soon as possible because each case is unique and these types of injuries often have time-sensitive elements.
Smith's Lawyers are experts in personal injury claims, offering a Queensland-wide service with free initial advice to help you understand your rights and options.
Evidence You'll Need
Building a strong claim for internal organ damage compensation requires an array of comprehensive documentation, including:
Medical Documentation
- Emergency department records showing initial assessment and vital signs
- Diagnostic imaging reports (CT scans, MRI, ultrasound, etc.) demonstrating organ damage
- Surgical reports detailing procedures performed and findings
- Hospital discharge summaries and treatment plans
- Ongoing specialist reports from gastroenterologists, surgeons, and/or other relevant specialists
- Rehabilitation and physiotherapy records
- Medication records and prescription costs
Accident and Incident Reports
- Police reports for motor vehicle accidents
- WorkCover incident reports for workplace injuries
- Incident reports from injuries suffered in public places or businesses
- Photographs of the accident scene, vehicles, and/or hazardous conditions
- Security camera or dashcam footage if available
Witness Information
- Contact details for anyone who witnessed the accident
- Witness statements describing what they observed
- Expert witness reports on accident reconstruction if necessary
Financial Records
- Pay slips and tax returns showing pre-injury earnings
- Employment contracts and career progression documentation
- Bank statements showing financial impact
- Receipts for out-of-pocket medical expenses, medications, and equipment, etc.
- Travel costs for medical appointments
- Domestic assistance costs if the injury prevents you from performing household tasks
Internal Injury-Specific Evidence
Given the often "invisible" nature of internal injuries, additional evidence may be required, including:
- Pre-injury medical records in order to distinguish new injuries from pre-existing conditions
- Timeline documentation showing the development of symptoms
- Expert medical reports explaining delayed symptom presentation
- Functional capacity assessments demonstrating work limitations
- Psychological reports if trauma has impacted mental health
It’s crucial to collect and preserve evidence as quickly as possible because internal injuries may not manifest symptoms immediately and accident scenes are generally cleared rapidly.
How is Internal Organ Damage Compensation Calculated?
Compensation for internal organ injuries in Queensland is calculated based on several key factors:
General Damages (Pain and Suffering)
General damages are calculated using the Injury Scale Value (ISV) system under Queensland's Civil Liability Act. For 2024, compensation ranges include:
- Splenic rupture requiring surgery: ISV 20-30 = $66,275-$86,310
- Liver injury requiring resection: ISV 25-40 = $79,535-$120,355
- Kidney loss requiring dialysis: ISV 60-80 = $187,325-$289,610
- Multi-organ failure: ISV 90+ = $375,000+
Economic Damages
Past and Future Medical Expenses - This includes coverage for all reasonable medical costs, including:
- Emergency surgery and hospitalisation
- Specialist consultations and ongoing monitoring
- Prescription medications and medical equipment
- Rehabilitation and physiotherapy
- Future medical care
Lost Income - This is calculated based on:
- Pre-injury earning capacity
- Period of total incapacity
- Ongoing reduced work capacity
- Lost opportunities for career advancement
- Superannuation and other employment benefits
Domestic Care and Assistance - Compensation for if you are unable to perform household tasks. This can get as high as $250,000 for severe disabilities which require ongoing assistance.
The final amount of compensation awarded depends on:
- Severity and permanency of organ damage
- Number of organs affected
- Age and pre-injury earning capacity
- The injury’s on quality of life and relationships
- The development of complications like infection or chronic pain
Different compensation schemes (CTP, WorkCover, common law) might provide varying amounts, with common law claims typically providing higher compensation for significant injuries.
Time Limits for Internal Organ Damage Claims
Queensland has strict time limits for compensation claims, which are dependent on how your injury occurred:
WorkCover Claims
- 6 months to lodge initial WorkCover claim from that date of the injury
- 3 years to begin common law proceedings if pursuing additional compensation for employer negligence
CTP (Motor Vehicle Accidents)
- 9 months to submit Notice of Accident Claim (NOAC) form to the CTP insurer
- 1 month from first consulting a lawyer to lodge NOAC (if beyond 9 months)
- 3 years to commence court proceedings
Public Liability Claims
- 3 years from the date of injury to commence court proceedings
- It’s recommended to notify insurers early so as to preserve evidence
Special Circumstances
- Under 18s: time limits generally don't begin until the person turns 18
- Mental incapacity: limitation periods may be extended if the injured person lacks legal capacity
- Discovery rule: in cases involving delayed diagnosis, time may run from when the injury and its connection to negligence were reasonably discoverable
Critical Importance of Early Action
Internal organ injuries present unique challenges when it comes to the timing of making a compensation claim because:
- Symptoms may not appear in the immediate aftermath of the accident
- Complications can develop weeks or months after the fact
- Medical evidence is crucial and deteriorates over time
- Witness memories fade and evidence can be lost
Even if you're unsure whether you have a legitimate claim, it's essential that you seek legal advice as quickly as possible so you can protect your rights. Smith's Lawyers offers free case reviews to help you understand your legal position and ensure you don't miss crucial deadlines. We operate on a No Win, No Fee, No Catch® basis, so there's no financial risk in getting early advice from us about your rights and options.
Frequently Asked Questions
What are the warning signs of internal organ damage after an accident?
Internal injuries are often deceptive because symptoms might not appear immediately. The common warning signs include abdominal pain and/or tenderness, shoulder pain (particularly the left shoulder in case of a spleen injury), dizziness or fainting, rapid heart rate, nausea and vomiting, and signs of shock like pale skin or confusion. Even if you feel fine right after an accident, any high-impact trauma requires immediate medical evaluation. This is because delayed diagnosis occurs in 42% of cases, significantly increasing complications.
Can I claim compensation if my internal injury wasn't diagnosed immediately?
Yes, a delayed diagnosis doesn't mean you can’t make a compensation claim, although it could complicate the case. You'll need to find medical evidence that links your current condition to the original accident, so make sure you maintain detailed records of all symptoms, medical appointments, and treatments. In certain cases, delayed diagnosis may actually strengthen your claim if medical negligence contributed to the delay. Time limits still apply from the original injury date, so seek legal advice quickly.
How long does recovery from internal organ damage typically take?
Recovering from an internal injury can vary dramatically depending on the organs affected and the severity of the injury. Minor organ bruising can heal in a few weeks, while major injuries requiring surgery can take months or even years. Your compensation claim should account for both recovery time and any permanent limitations.
What happens if I can never return to my previous job due to internal injuries?
Compensation for an internal injury takes into account lost future earning capacity if it results in you being unable to return to your previous employment. The amount depends on your age, skills, career trajectory, and alternative work options. You may be provided with vocational rehabilitation to retrain you for suitable alternative employment. In cases of total permanent disability, you may also be eligible for TPD benefits through your superannuation fund.
You may be able to make a medical negligence claim if your internal injury resulted from a surgical error, delayed diagnosis, or medication mistake. These types of claims require expert medical evidence proving that your treatment fell below accepted professional standards. They are also often very complex and require specialist legal expertise to navigate successfully.
Insurance companies will often dispute internal injury claims, especially when it comes to the cause of the injury and the extent of damage. If your claim is denied, your lawyer can challenge the decision through formal dispute resolution processes or court proceedings. Comprehensive medical evidence and expert testimony is crucial for successfully combating denied claims.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Internal Organ Damage and Internal Bleeding Compensation claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
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.