Valuing a claim

Valuing a Clinical Negligence Claim

If you have suffered significant injury as a result of medical negligence you are entitled to claim compensation for the pain, suffering and loss of amenity caused (general damages) and for any financial expenses arising out of the injury (special damages).

Each claimant is different and the value of a claim will depend on the personal circumstances of the individual claimant prior to the negligence and the particular way in which his or her life has been affected by the negligence. In addition to analysing the medical evidence, our clinical negligence solicitors spend time getting to know our clients to ensure we are in the best position to assess the impact of the negligence and to quantify the claim.

General damages

The level of general damages varies enormously from case to case, depending on the severity and duration of the injury resulting from the medical negligence. General damages in cases involving permanent brain injury can be in excess of £200,000 whereas cases involving, for example, relatively minor scarring could result in general damages significantly less than £5,000. Determining an appropriate figure for general damages entails detailed analysis of the medical evidence, judicial guidelines and previous decisions of the court.

Special damages

Special damages are the specific expenses a claimant has incurred or will incur as a result of medical negligence. Special damages commonly include cost of travel to and from medical appointments; loss of earnings; cost of care and therapies required as a result of injury; the cost of alternative accommodation or transport required as a result of disability; and the cost of surgery required as a result of the alleged negligence. This is by no means an exhaustive list, and special damages can include any expense incurred as a result of medical negligence. All aspects of the claim have to be supported by evidence.

If the claimant has suffered severe injuries it can be a complex exercise establishing exactly what the claimant will need in the future as a result of the negligence. Our expertise in conducting clinical negligence claims of this kind will ensure that all potential aspects of the claim are identified and that the necessary expert evidence is obtained.

Fatal accidents

Medical negligence can sometimes tragically result in loss of life and in these circumstances it is possible for the family and/or dependants of the deceased to pursue a medical negligence claim. There are special rules governing what compensation is recoverable in a fatal case. It may be possible to recover:

Bullet point.
Funeral expenses
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Bereavement award, currently set at £11,800 for deaths occuring from 1January 2008 - it is only possible to recover the bereavement award where the claimant is the deceased’s spouse or parent in cases where the deceased was under 18 at the time of death.
Bullet point.
Loss of special care and attention. In cases involving the loss of a parent or spouse the court has the discretion to make a small award under this heading.
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Loss of dependency on services. If the deceased made a significant contribution to the family household a claim can be made for the cost of or the time spent replacing the deceased’s services. This aspect of the claim will be particularly important if the deceased was the primary carer for children or a disabled relative.
Bullet point.
Loss of financial dependency. If the family and dependants had been reliant on the deceased’s income during his or her lifetime it is possible to claim for the corresponding loss of income. Children of the deceased are generally only able to make such a claim for as long as they are likely to remain in full-time education.

Please select the “Our cases” link from the menu adjacent for some examples of the awards we have recovered on behalf of our clients.

For more information on valuing a clinical negligence claim contact the Clinical Negligence team on:
Tel: 01273 775533
Email: mminter@mayowynnebaxter.co.uk