Clinical Negligence Compensation
When you’ve suffered harm due to clinical negligence, compensation is designed to cover the full scope of your losses—both tangible and intangible. The goal is to put you back in the position you would have been in had the negligence not occurred, as far as money can achieve.
Here’s a detailed breakdown of what you can claim for as part of your clinical negligence claim.
General Damages
General damages are awarded for the pain, suffering, and loss of quality of life resulting from the negligence. These non-financial losses are often the most distressing aspect of the claim and can include the following:
1. Pain and Suffering
This compensates for physical pain and emotional distress caused by the injury. For example:
- Chronic pain following a surgical error.
- Psychological trauma, such as anxiety or depression, arising from the incident.
The amount depends on the severity and duration of the suffering. Courts and legal practitioners often use guidelines from the Judicial College to calculate appropriate compensation for specific injuries.
2. Loss of Amenity
Loss of amenity refers to the inability to enjoy activities or hobbies you previously enjoyed due to the injury. For instance:
- A sports enthusiast unable to play due to mobility issues caused by negligence.
- Being unable to socialise or travel because of ongoing health problems.
The impact on your day-to-day life, even in small ways, will be taken into account when assessing compensation under this head.
Special Damages
Special damages cover the financial losses and expenses you’ve incurred due to clinical negligence. These are specific and measurable costs and can include:
1. Medical Expenses
You can claim for any costs incurred as a direct result of the negligence. This may include:
- Private medical treatments, surgeries, or consultations to correct or manage the harm caused.
- Prescription medications or specialised therapies, such as physiotherapy or counselling.
- Ongoing treatment costs for chronic conditions caused by the negligence.
Future medical expenses are also claimable if you’ll require long-term care or interventions.
2. Loss of Earnings
If your injury or illness has caused you to miss work, you can claim for:
- Wages lost during recovery or time spent attending medical appointments.
- Loss of potential future earnings if you are unable to return to your previous employment or have to take on a less lucrative role.
For instance, if you were earning £40,000 annually but can now only manage part-time work earning £20,000, the difference in income forms part of your claim.
3. Care and Assistance
If you’ve needed additional help due to your injury, you can claim for:
- Professional carers hired to assist with daily tasks such as bathing, dressing, or household chores.
- Informal care provided by family members, even if they were unpaid. Courts often award compensation to recognise the time and effort contributed by loved ones.
4. Travel Expenses
You can recover costs incurred travelling to and from medical appointments, such as:
- Fuel or public transport fares.
- Parking fees at hospitals or clinics.
- Travel expenses for family members or carers who assist you.
5. Adaptations to Your Home or Vehicle
If your injury has caused a permanent disability, you may need to make significant adjustments to your living situation, such as:
- Installing ramps, handrails, or stairlifts in your home.
- Widening doorways or converting rooms to accommodate mobility aids.
- Modifying your vehicle to make it wheelchair-accessible.
6. Other Financial Losses
You can also claim for other financial losses directly attributable to the negligence, such as:
- Replacement of damaged property (e.g., spectacles or mobility aids).
- Costs for cancelling holidays or events due to your injury.
- Childcare costs if you are unable to care for your children during recovery.
Future Losses
Clinical negligence can have long-lasting or permanent effects, and your claim can include future losses or expenses. These might involve:
- Loss of Pension Contributions: If your ability to work and save for retirement has been impacted.
- Future Medical Treatments: Costs for ongoing care, surgeries, or therapies.
- Anticipated Loss of Earnings: If you’re unable to return to work in the same capacity, your solicitor will calculate how much income you’re likely to lose over your working life.
- Future Care Needs: Professional carers or nursing home costs, depending on the severity of your injury.
The Process of Calculating Compensation
Determining the value of your claim involves a combination of evidence and expert input. The following steps are typically involved:
1. Documenting Your Losses:
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- Keep receipts, invoices, and proof of payments for all expenses related to your injury.
- Maintain a diary to track how the injury has impacted your life, including missed work or events.
2. Obtaining Expert Reports:
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- Medical experts provide reports on your condition, the prognosis, and any future care or treatment needs.
- Financial experts may be brought in to calculate future earnings and pension losses.
3. Using Guidelines:
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- The Judicial College Guidelines for personal injury awards are used to estimate compensation for general damages.
- Previous case law and settlements are also referenced to ensure consistency.
Additional Considerations
Interest on Compensation
In some cases, interest can be added to the compensation amount, particularly for damages awarded after a long period. This is intended to account for the time you’ve been without the funds you’re entitled to.
Tax Implications
Compensation for personal injury is generally tax-free in the UK. However, interest earned on damages or structured settlements may be taxable. Consulting with a financial advisor can help you navigate any tax-related issues.
Mitigation of Loss
As a claimant, you’re expected to take reasonable steps to minimise your losses. This means seeking treatment promptly and avoiding unnecessary expenses. Failure to mitigate your losses could reduce your compensation.
Conclusion
Clinical negligence claims aim to provide financial and emotional redress for the harm you’ve endured. By seeking compensation for both general and special damages, you can address the full scope of your suffering and losses, ensuring a fair outcome.
Navigating the complexities of a clinical negligence claim requires expertise, so it’s vital to work with solicitors who specialise in this area. At Phoenix Solicitors, we are committed to supporting you every step of the way, from gathering evidence to securing the compensation you deserve. Contact us today to discuss your claim.
If you require guidance and support following a clinical negligence get in touch with our experts for specialist advice by emailing ab@phoenixlegalsolicitors.co.uk or call on 0151 306 3694
ab@phoenixlegalsolicitors.co.uk 0151 306 3694