Compensation guide
Broadly speaking, if a party is successful in a medical negligence claim, they will receive two categories of damages; general damages and special damages.
General Damages
General damages are damages which a Claimant receives for pain, suffering and loss of amenity following an injury. The level of general damages is assessed by reference, firstly to guidelines which have been issued by the judiciary (the Judicial Studies Board Guidelines) which broadly categories each type of injury or condition and gives a range of damages which the injured party can expect to receive in relation to each injury or condition, and secondly, by reference to case law (i.e. previous legal cases). When considering case law, it is often possible to identify a previous legal case which has a similar factual background.
Special Damages
Special damages are the damages which an injured party receives for all other loss which he or she incurred which is attributable to the injury. Common categories of special damages are travelling expenses to and from doctors and hospitals; expenditure on medicines and medical equipment; the time a husband or wife or family member has spent caring for the injured party during their recovery; and often most importantly, loss of earnings.
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If you believe that you have a personal injury claim and need specialist advice, please call us on 0800 014 8727 to discuss your case, or alternatively, fill out the simple form below and we will call you back at a time convenient to you.
Medical negligence claim form
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