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How Much Compensation Can You Get For Clinical Negligence?
If your claim for clinical negligence is successful you will be entitled to damages to compensate you for any losses directly attributable to the negligent treatment. Clinical negligence compensation is broken down into two categories – general and special damages:
General damages: Money awarded to the injured person to compensate them for the pain and suffering that they have experienced due to the negligent treatment received. This is also known as pain, suffering and loss of amenity.
The level of general damages depends upon the extent of the injuries or illness, and the impact this has had on quality of life.
Medical records and independent medical expert evidence will be used to determine the extent of the injuries and any prognosis (i.e. what the future may hold for the injured person). This will allow us to assess an appropriate level of compensation for general damages.
Special damages: These are awarded to compensate for any out of pocket expenses that have been incurred as a result of the negligence. This includes losses which have been sustained from the date in which the negligent treatment took place and extend to also include any future financial losses that you are likely to suffer as a result of any negligence.
Special damages include:
- Loss of earnings
- Care and assistance
- Medical expenses
- Travel expenses
- Home and vehicle adaptations
- Rehabilitation costs
Special damages which cover past losses will need to be proven through receipts and payslips or annual tax returns to show the loss of earnings or expenses incurred. Future losses will be calculated following consideration of independent expert evidence assessing the future impact of the injuries suffered.
The amount of compensation you will receive for a clinical negligence claim depends on a number of different factors including:
- The extent of your physical pain (known as pain suffering and loss of amenity).
- The severity of your injuries or illness caused by the negligence.
- Reasonable expenses incurred as a result of the negligent treatment.
- Current and future income loss.
- Any home or car adaptations required.
Your clinical negligence solicitor will take all of the above into consideration when quantifying your claim.
Clinical negligence pay-outs vary dramatically, compensation amounts can be anything from around a few thousand pounds to as high as several million. It is therefore difficult to say what your settlement will be, as each and every claim is unique. Read our guide on how much compensation you can get for clinical negligence for more information.
Read our guide on how personal injury claims are funded for more information.
How do I make a clinical negligence claim?
If you believe you have suffered an illness or injury that was caused or made worse by negligent medical treatment, administered within the last three years, you could be entitled to make a claim.
Starting a claim is easy. Call our team of medical negligence solicitors today on 0344 854 7000 or fill in the enquiry form below and we will call you back to discuss your case.
Read our how to make a clinical negligence claim guide for further information.
