One of the questions that we are asked most often, is how we calculate the compensation that clients receive for successful medical negligence claims. Here, we aim to explain how a claim is valued and what can be included as part of your settlement.
Compensation is split into two aspects: General Damages and Special Damages.
General Damages
This aspect of the compensation is a sum of money that is paid to compensate for the pain and suffering that our clients have experienced. We value General Damages by taking into consideration the severity of the condition or injury, as well as how long symptoms have been or will be suffered for, and the impact upon their quality of life.
It is incredibly difficult to value this part of a medical negligence claim; however, we are able to use judicial guidelines that provide us with an indication of appropriate awards for specific injuries, as well as previous reported cases with similar injuries, to assess the appropriate figure.
Special Damages
This refers to any “out of pocket” expense that has been incurred or will be incurred in the future. The aim of this aspect of the damages is to put clients into the financial position that they would have been in, had the alleged negligence not occurred. It also aims to provide clients with the finances to pay for future costs that they may have to incur as a result of their injury, as well as taking into account any past expenses that have already been incurred.
So, for example, this part of a claim can include the following: –
- Medical Expenses – including surgery or treatment, rehabilitation and also any professional care costs for additional care requirements;
- Loss of Earnings – we can calculate both past and future losses, as well as looking at whether the injury has prevented clients from pursuing a chosen career;
- Travel Expenses – this will include any additional journeys that have been required as a direct result of the alleged negligence;
- Home Adaptations – if clients have been required to make any changes to their property in order to accommodate their injury, these can also be included;
- Aids and Equipment – we can also claim for any items that have been needed or will need to assist with the injury or recovery.
- Care provided by family members – we are also able to value the cost of any care that is provided by family members or friends, such as helping with domestic chores, or personal care needs.
We can help
This article aims to provide a general overview on how claims are valued only, and it is important to note that every claim will be different and depend on the specific circumstances of each case. If you would like to discuss in more detail how much compensation you may be entitled to, please do not hesitate to contact a member of our team.
Call 01522 561020 or email