How much compensation will I receive?

The amount of compensation will depend on the type and severity of the injury, the amount of financial losses that have been and are likely to be incurred and the circumstances of your particular case.

The burden of proof is upon you as the Claimant to prove your claim.  Compensation for clinical negligence claims is made up of two parts.  These are:-

General Damages

This is to compensate you for the pain, suffering and any loss of amenity you have suffered and are likely to continue to suffer if there is a continuing disability.  The amount is assessed by looking at previously decided cases involving similar injuries and the Government's publication used in assessing damages known as the Judicial Studies Board Guidelines. 

The amount awarded in each case depends on the type and severity of the injury as well as any long term effects.

Special Damages
 
This is to compensate you for any expenses and financial losses you have incurred in the past and are likely to incur in the future as a result of the clinical negligence.  Examples of the type of special damages you can recover include loss of earnings, cost of treatment, cost of care, medical equipment costs, travel costs, alterations to your home, prescription and medication costs and reduced employment prospects in the future.

Interest may be added to any clinical negligence compensation awarded for general and special damages.

Interim Payments

An interim payment is an amount paid to you before the conclusion of your claim in partial settlement of your claim.  Interim payments are sometimes paid by the opponent to help with the cost of medical treatment, adjustments to your home or to relieve financial hardship.

When someone has suffered a serious injury and the claim is likely to take a long time to be finalised, then it is not unusual for interim payments to be paid by the opponent.

For more information about how compensation is calculated contact Guy Eskell  or Justin
Goodman or complete our enquiry form .