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Scotland Rape Compensation Claims – How Much Could I Claim?

If you have been the victim of assault, you may be wondering whether you could claim sexual abuse compensation in Scotland.

This guide offers help and support to those who have endured the horrific experience of rape, showing how you could claim compensation for the physical and psychological injuries you have suffered. In the sections below, you will find information about how common rape cases are in Scotland, as well as the legal definition of rape and the process for claiming victim compensation in Scotland.

How Much Compensation For Rape Victims In Scotland Could Be Claimed?

If you need further guidance, we could offer a free eligibility check for your case. We could also help provide a personal injury solicitor covering Scotland to help you fight for the maximum compensation possible for your case. You can reach our team by:

sexual abuse compensation in Scotland

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What Is Rape In Scottish Law?

According to the Sexual Offences (Scotland) Act 2009, rape is considered to be the penetration of the anus, mouth or vagina by the penis without the person consenting to such penetration, or without a reasonable belief that the other person consents.

If you have been the victim of a rape, you may wish to know where you could access help and support. You could seek support from a rape helpline in Scotland, such as Rape Crisis Scotland, who could help you access the support you may need to deal with what has happened. If you have not yet reported the rape to the police, Rape Crisis could talk you through the process and could help give you the strength you may need to begin taking action against the person or people to blame for your attack.

What Is Rape Vs Sexual Assault?

One difference in Scottish Law between sexual assault and rape is that penetration of the victim by any other object or body part without consent would not be classed as rape. Instead, it would be classed as sexual assault by penetration.

Other forms of sexual assault, according to Scottish Law, include the following non-consensual acts:

  • Intentional or reckless ejaculation of semen, saliva or urine onto a non-consenting person.
  • Reckless or intentional sexual touching of a non-consenting person.
  • Reckless or intentional sexual activity involving physical bodily contact with a non-consenting person, whether or not with an implement or whether or not through clothing

No matter whether you have been injured due to a rape or a sexual assault, it would be considered a criminal act, and you could be eligible to claim rape compensation in Scotland for the physical and emotional trauma it has caused you.

Scotland Rape Statistics

Scotland rape statistics revealed that in 2018/19 there were 2,293 reported rapes and 133 reported attempted rapes. In terms of the total number of sexual crimes reported, there were 13,547 reports in the same period, which was an 8% rise on the previous year. It may be worth noting that of these crimes, sexual assault made up 38% of crimes, with rape and attempted rape making up a further 18%. Other sexual crimes and those related to prostitution make up the remainder of sexual crimes reported.

Recorded sexual crimes in Scotland have increased in recent years. In 2017/18, there were 23 crimes per 10,000 people, while in 2018/19 the figure was 25 crimes per 10,000. The number of crimes varies depending on the local authority. Dumfries and Galloway had the highest proportion of crimes per 10,000 people, which was 36, while in East Renfrewshire, the figure was much lower at 15 per 10,000.

In terms of age, the data collected by Police Scotland is not sufficient to give what age group the victims were. However, since many codes used to record sexual crime do differentiate between young people and adults, we can say that a minimum of 39% of the recorded sexual crimes was against victims under the age of 18.

No matter which local authority you were in, and no matter what your age, if you are a rape victim in Scotland, we could help you make a personal injury claim from the criminal injuries compensation fund to compensate you for the physical and emotional harm you’ve suffered. If you are under 18, a parent, guardian or another litigation friend could help claim on your behalf.

Injuries Caused By Rape Which Could Be Claimed For

The injuries you may have suffered as a rape victim in Scotland may not always be obvious from the outside. You must know that as well as the physical injuries you may have sustained, you might also have suffered mental and emotional injuries too.

Physical Injuries Caused By A Rape

Unfortunately, physical injuries caused by rape may not be limited to bruises, cuts and soft tissue damage. Violent rape could cause internal injuries, and in addition to this could leave you with a sexually transmitted infection (STI).

Sexually transmitted infections may be treated successfully with antibiotics and the like, but some sexually transmitted infections could lead to long-term conditions such as Hepatitis or HIV. If the rapist does not wear a condom, it would be wise, as well as seeking medical attention for obvious injuries, to take an STI test so that any infections can be caught and treated as quickly as possible.

Psychological Injuries Caused By A Rape

Rape, as a violent crime, can cause severe psychological harm too. Rape Crisis Scotland say anxiety, fear and uncertainty could be considered common feelings for victims of rape. Other things you could experience may include initial shock, a sense of worthlessness or shame, nightmares and flashbacks, and even a feeling of guilt. However, no victim of sexual abuse should ever feel like what happened to them was their fault. 

Counselling may help you deal with some of these symptoms, but in some cases, the psychological effects are not able to be reversed. Conditions such as depression and PTSD could mean that you are unable to work or resume a normal life after such a traumatic attack, and you may be able to claim compensation for loss of earnings caused by such a condition.

Rape Compensation Claims In Scotland Through The CICA

If you’re considering seeking sexual abuse compensation in Scotland, this could be done through the CICA, also known as the Criminal Injuries Compensation Authority.

The CICA is a government-backed agency, sponsored by the Ministry of Justice, that deals with abuse claims for compensation for victims of violent crime who have been mentally or physically injured. The CICA deals with claims in Wales, England and Scotland.

Who can claim from the CICA?

You could claim compensation from the CICA if you could prove you have been mentally or physically harmed as a blameless victim of a violent crime. This could include victims of attacks such as rape, assault and domestic abuse, for example.

You could also claim for compensation if you were injured in the process of trying to stop a violent crime, if you were a dependent of someone who was fatally injured in a violent crime, or on behalf of a child you are responsible for if they suffer injuries as a victim of violent crime.

Could anything affect how much rape compensation in Scotland I receive?

Your claim may be rejected or compensation may be reduced if:

  • You have not made a police report within a reasonable time period.
  • You have not cooperated with the police to help bring a responsible party to justice.

In addition, when reviewing your claim, any criminal record you have could be considered when assessing your claim.

Time Limits To Claim Rape Compensation In Scotland

The limitation period to make a CICA claim for rape compensation in Scotland is shorter than the personal injury claims time limit for other types of personal injury claims. You would only have 2 years from the incident date to submit your claim to the CICA. However, there may be some exceptions that would allow you to claim after this period has passed.

If your circumstances meant you could not report the rape earlier, this may mean your case could still be accepted by the CICA. In addition, we should also mention that if you are a childhood abuse survivor, you would have 2 years from your 18th birthday to claim.

However, claiming earlier could have some benefits. Evidence may be easier to gather if only a short time has passed between the attack and your claim for victim compensation in Scotland.

Rape Compensation In Scotland Claims Calculator

If you are considering taking the first steps towards making a CICA claim for rape compensation in Scotland, you may want to know how much compensation a rape victim could recover from the CICA. Each case would be assessed on its own merits and you would have to see an independent medical expert to confirm your injuries and prognosis so that your claim could be assessed accordingly. Therefore, putting your injury details into a personal injury claims calculator may not give you an accurate idea of how much compensation you could get.

We understand that not knowing how much you could claim in terms of victim compensation in Scotland can be frustrating, so instead, we’ve provided you with a rough idea by looking at the CICA tariff for England and Wales.

We have tried to use injuries that the CICA have deemed appropriate for sexual crimes, but it may be worth mentioning that you could receive compensation for other injuries, such as PTSD. If you’re not sure which category your injuries would fall in, please do not hesitate to contact our team. We’d be happy to give you further guidance.

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Injury Details Compensation level
Sexual Assault Non-penetrative minor physical sexual acts over clothing £1,000
Sexual Assault Non-penetrative serious physical sexual acts under clothing £2,000
Sexual Assault Non-penile penetrative acts or oral genital acts £3,300
Sexual Assault Frequent repetitive pattern of severe abuse up to 3 years in duration £6,600
Sexual Assault Frequent repetitive pattern of severe abuse 3 years or more in duration £8,200
Sexual Assault Frequent repetitive pattern of severe abuse causing internal bodily injuries (serious) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (moderate) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina By a single attacker £11,000
Non-consensual penetration by penis of anus, mouth or vagina By more than one attacker £13,500
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (moderate) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (moderate) £33,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (severe) £44,000
Other payment – Pregnancy Additional Payout for sexual offences that result in pregnancy £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with substantial recovery £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with permanent disability £11,000
Other payment – Infection with STI (Hepatitis B or C, or HIV or combination of more than one of these) Additional Payout for sexual offences that result in Hepatitis B or C, or HIV or combination of more than one of these. £22,000
Other payment – loss of foetus Due to violent crime £5,500

How much sexual abuse compensation Scotland could I claim?

If you’re interested in seeing how much you could be entitled to for suffering sexual abuse, you may turn to online tools branded as ‘personal injury compensation calculators’. However, though these may appear to provide payout estimates, the figures that they provide prospective claimants with can be inaccurate generalisations.

Instead, why not get in touch with Legal Expert for a free consultation? You’ll be asked a few simple questions about your case by one of our specialist advisors. After which, you’ll not only be able to see if you have grounds to make a claim but you’ll also get an estimate of how much your claim could be worth.

Our team uses awards from past cases to help provide you with an accurate idea of what you could be entitled to, taking details about your case to build a picture of what types of damage you suffered. So, please don’t hesitate to get in touch today for your free consultation.

Special Damages You Could Claim Compensation For

When claiming sexual abuse compensation in Scotland, you could not only receive an award for the injuries you’ve suffered, both psychologically and physically, but you could also receive special expenses for financial harm you have suffered as a result of the injuries you’ve sustained.

One important point to consider with CICA claims is that these expenses must be considered reasonable, and they may only be claimed for if they were incurred directly because of your injuries. In addition, it would have to be considered whether the costs could be covered by another party, such as the NHS or the local authority, for example.

Some of the costs you may be able to claim for could include:

  • Care costs – If you were seriously injured in a rape attack, you may require help around the house with the likes of cooking and cleaning and other daily tasks. If you could not get such care costs covered by the local authority or another body for free, you could include such costs within your claim.
  • Home adaptations – If serious injuries were sustained in a rape which meant you needed your home adapting to be able to continue living in it, reasonable costs for adaptations could be considered within your claim.
  • Physical aids – If you needed crutches or a wheelchair, for example, and could not get these from the NHS, the costs for these physical aids could be considered as special expenses.
  • Loss of earnings – If your injuries meant you were off work for more than 28 weeks, then the CICA may be able to compensate you for loss of earnings, at the relevant statutory sick pay rate.

You must be able to provide evidence of expenses that have directly resulted from your injuries. This could mean providing bank statements, receipts, bills and payslips to the CICA. If you are unable to provide evidence of costs or losses, you would not be able to include them in your claim.

Why Choose Us To Make A Rape Compensation Claim?

We realise there could be many ways you could seek assistance with claiming rape compensation in Scotland. However, we believe we could be a great option for you. Whether you’d like advice and support with making a CICA claim, or you’d like us to provide you with a criminal injury solicitor who could fight for the compensation you deserve as a rape victim, we’re here to help you.

Our experience and knowledge of helping claimants with a variety of criminal injury and personal injury claims mean we are aware of the stress you could be under and we will do all we can to help make the process easier for you.

Our previous clients have been very complimentary about our company, and we pride ourselves on offering a service that claimants find easy to use, professional and empathetic. You can read what our past clients have said about our services if you’d like to see some reviews.

Not only could we answer any questions you may have about how to apply for compensation, and whether you could be eligible to make a claim, we will explain any legal terms you are unsure of so you are fully informed about your options.

Perhaps the best reason to pursue a claim with us is the fact that all of our solicitors work on a No Win No Fee basis. Making a claim under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA) will ensure that you are afforded the most financial protection possible and have the confidence to pursue justice. 

If you sign a CFA with one of our solicitors, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be set out in the CFA.

Start A Claim For Rape Compensation Scotland

To begin a claim for sexual abuse compensation Scotland with help from our panel of personal injury lawyers, please do not hesitate to contact us. We could give you all the guidance and support you may need to get the compensation you deserve.

You can reach our team by:

We have the capability, knowledge, empathy and experience to help you move forward after such a traumatic experience. Why not call us today and allow us to support you?

Essential References

Below, you can learn more about CICA claims via our other guides:

Thank you for reading our guide on how to claim sexual abuse compensation in Scotland.

Criminal Injury Compensation Solicitors Scotland | Scottish CICA Claims Guide

By Mark Ainsdale. Last Updated 10th February 2025. This is our guide to claiming with criminal injury compensation solicitors in Scotland. Whether you were injured in an assault or suffered physical or mental injuries due to rape or sexual abuse, you may have questions about whether there is any action you could take to claim compensation for your injuries and the suffering you’ve experienced. In this guide, we offer useful information on finding criminal injury compensation solicitors covering Scotland to help you make a criminal injury claim. 

In the sections below is guidance relating to the claims process for victims of violent crime in Scotland and the levels of compensation that could be achievable. While we know that reliving what’s happened to you could be difficult, we aim to make the process as pain-free as possible and will do all we can to get the maximum criminal injuries compensation for your case. It may not take back what has happened to you, but a compensation settlement may go some way towards helping you move forward after such a terrible experience.

Do you have further questions about claiming compensation for a criminal injury in Scotland? Or would you like to begin a claim with our criminal injury compensation solicitors in Scotland? If so, you can talk to our experts in confidence on 0800 073 8804.

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A Guide To Claims With Criminal Injury Compensation Solicitors Scotland

Criminal injury compensation solicitors Scotland

If you have been the victim of a crime in Scotland, a common question might be ‘How do I claim criminal injuries in Scotland?’ You might also ask how does criminal injuries compensation Scotland work? Here at Legal Expert, we have put together this guide to give you information about making such claims, whether you were injured as a blameless victim in a robbery or assault, or whether you’ve suffered harm due to historic abuse.

You may be surprised to know that despite the crime having happened in Scotland, you would not have to use criminal injury compensation solicitors in Scotland to make your claim. You could choose a solicitor based anywhere in the UK to fight for the maximum criminal injury compensation for your case. This gives you a wider choice when it comes to choosing a solicitor to help you.

Within the guide below, you can find out more about how to claim compensation for injuries sustained due to the criminal activity of someone else. We will explain how to go about making a claim and how we could help you. We also have information relating to how much compensation you could receive for your claim.

What Is A Claim For Criminal Injuries In Scotland?

If you suffer an injury by a criminal act, you may wonder how you could claim compensation. The UK government has an executive agency that deals with claims for compensation for victims of violent crime. It is known as the Criminal Injuries Compensation Authority, or CICA, with its foundation being in 1996. And it helps to compensate those suffering injuries due to violent criminal acts.

Those who could make a claim for a criminal injury in Scotland include:

  • People suffering mental or physical injuries as a direct victim of a crime.
  • Those with emotional harm after witnessing a violent criminal act.
  • People suffering injuries attempting to stop a violent crime.
  • Parents claiming for their children’s injuries.
  • Dependents of those who pass away due to criminal injuries.

Find out how criminal injury compensation solicitors in Scotland or covering Scotland could help you.

Criteria To Claim With Criminal Injury Compensation Solicitors Scotland

To claim compensation as a victim of crime in Scotland, the Criminal Injuries Compensation Authority requires you to fulfil certain criteria, including:

  • Reporting the incident to the police without unreasonable delay.
  • Co-operating with the police to bring the person responsible to justice.
  • Being blameless for the incident (for example, if you provoked violence or voluntarily engaged in a fight, you may not be compensated).

Your conduct and any criminal records could also be taken into account when the CICA decide whether to accept your claim. You may be given a reduced offer of compensation due to this or the CICA could reject your claim. It could be worth consulting with our team if you think this could be the case.  We could offer you some further guidance on criminal injuries compensation Scotland. 

Assault Claims In Scotland

Criminal injury compensation solicitors in Scotland or those covering Scotland could handle assault injury claims. Whether you were assaulted in a random or targeted attack, your injuries could range from minor to severe. There are various categories when it comes to assault. These include:

  • Common assault – Where someone commits an act of battery or assault against another. A battery could involve spitting at someone, pushing them or slapping them, for example, and is classed as an application of unlawful force. An assault, however, is when a victim is made to fear that they are going to be subjected to immediate force. This could include someone raising a fist at the victim, for example.
  • ABH – Actual bodily harm – this could be classed as battery that causes actual harm to the victim. There would usually be physical evidence of this.
  • GBH – Grievous bodily harm – this could be classed as a battery that causes serious harm to the victim or where there is an intention to cause serious harm.

How do I claim criminal injuries compensation in Scotland For Assault?

If you have been injured in an assault, criminal injury compensation solicitors covering Scotland could help fight for compensation on your behalf through the criminal injuries compensation authority.

GBH Claims In Scotland

Grievous bodily harm, or GBH, involves very serious harm being caused to the victim. This could involve a stabbing, for example. If serious harm was not caused but the perpetrator intended for there to be serious harm inflicted to the victim, a charge of GBH could still be appropriate. No matter how serious or minor the injuries you sustained were, you could consider pursuing a claim for compensation against the criminal injuries compensation authority. A personal injury claim of this kind could include compensation for both the physical injuries and the emotional trauma you may have suffered as a result of your injuries. Criminal injury compensation solicitors in Scotland or those covering Scotland could handle such claims. 

ABH Claims In Scotland

ABH stands for actual bodily harm, and it is an offence in which actual physical harm is inflicted upon the victim. While ABH does not have to mean a victim sustains a serious injury, it would involve more than a shove, and evidence such as scratches, bruising and bite marks could be sufficient as physical proof of such an assault. If you have been a victim of ABH, then you may be wondering if you could claim criminal injury compensation. Our team could help assess your case and provide you with criminal injury solicitors covering Scotland to help fight for compensation on your behalf.

Rape Claims In Scotland

Whether you have been raped by someone you don’t know, or by someone you were in a relationship with, you always have the right to say no to sexual advances. Rape is a violation of your body and your rights and is a horrific and heinous crime.

Whether the rape has left you with physical marks or not, it could have affected you mentally, and this could take you a long time to recover from. If you have not consented to sexual activity, or someone has forced you into sex, you could claim compensation for the mental trauma as well as the physical injuries caused. This is where criminal injury compensation solicitors in Scotland and those covering Scotland could help. 

Our dedicated team of advisors could talk to you in confidence about how we could help you.

Sexual Assault Claims In Scotland

Sexual assault could lead to a victim suffering more than just physical injuries. Research has shown that trauma symptoms could be suffered by victims of many different types of sexual abuse and sexual assault. Not only could criminal injury solicitors covering Scotland help you claim for any physical harm you have suffered due to the sexual assault you were a victim of, but they could also help you claim for emotional trauma suffered as a result. You would have to be assessed by a psychologist/psychiatrist as part of your claim to evidence the effect that the assault has had on you. We understand that talking about your experience may not be comfortable, but some victims of sexual assault could find that talking about their experiences may be somewhat cathartic.

Historical Sexual Assault Claims In Scotland

Being abused could have a significant impact on someone, and if you’ve been unable to process or talk about the abuse until years later, you may be under the impression that it could be too late to report the abuse or claim compensation for the harm you’ve suffered because of it. This would not be the case, as our criminal injury compensation solicitors in Scotland can explain.

If you suffered historic sexual assault or abuse and now feel ready to take action, you can still report historical abuse or assault to the police, and you may still be able to apply for criminal injuries compensation for the harm you’ve suffered. This is because there could be an exception to the criminal injury claims time limit for historical abuse cases. It could be argued that you were not able to report the abuse or assault as you were unable to process it until much later, and criminal injury solicitors covering Scotland could help to fight for the compensation you deserve for the traumatic experience you’ve been through.

Robbery Victim Claims In Scotland

Have you been the victim of a robbery in Scotland? Whether you’ve been injured in a mugging or a home burglary, this could be a very traumatic experience and it could lead to you suffering both physical and psychological harm. Criminal injury compensation solicitors covering Scotland could help you prove that you were a blameless victim of a robbery, and this could lead to you being awarded compensation, not just for the physical trauma you’ve sustained but also the emotional harm it has caused you. You may even be able to claim for costs associated with the robbery, such as loss of earnings, physical aids and more. You can learn more about criminal injuries compensation Scotland by contacting us today. 

Could Criminal Injury Solicitors Help Me If No One Has Been Caught Or Convicted?

While you may be under the impression that the person/s who caused your injuries would have to be caught and convicted for you to be able to claim criminal injury compensation for Scotland-based crimes, you may be surprised to learn that this is not the case. If the crime has been reported, and you have suffered an injury as a blameless victim, and you meet CICA eligibility criteria, you could still claim compensation for your injuries.

How Long Do I Have To Claim With A Solicitor For A Criminal Injury In Scotland?

The usual criminal injury claims time limit is shorter than the personal injury claims time limit that applies to personal injury claims. You would usually only have 2 years from the date of the incident to claim compensation. However, there could be some exceptions to this. If you’re unable to make an application to the criminal injury compensation scheme in Scotland due to exceptional circumstances, or the evidence with your claim would not require extensive investigations by claims officers, your claim might be possible outside of the 2-year time limit.

Other special exceptions could apply if you’re a child when the incident happens, and no parent or guardian claims on your behalf. You could usually have until your 20th birthday to claim in these cases.

We should mention that the earlier you claim, the easier it may be to gather the evidence needed to prove your claim, thereby improving your chances of success. Speak to our criminal injury compensation solicitors in Scotland for further information. And we can help you from there.

Could A Solicitor Help You Claim Compensation Through Courts?

Criminal injury compensation solicitors covering Scotland could help you if your case goes to court. If you must attend court to give evidence in your case, you could receive compensation for these costs. In addition to this, if the accused person pleads guilty or is found guilty, the court may order them to pay you compensation by way of a compensation order.

Claiming For The Return Of Property

If your property was taken from you to be used as evidence in your case, it would usually be returned to you by the police once the case was concluded. The Crown Office and Procurator Fiscal Service and Police Scotland has guidance on the return of property. You can find more information on this here.

Scottish Criminal Injury Compensation Claims Calculator

Some claimants who are looking into applying for criminal injury compensation in Scotland may like to know how much compensation could be achievable for their claim before they decide on whether or not to go ahead with it. Unfortunately, it is not possible to get an accurate figure from a personal injury claims calculator regarding this. This is because all personal injury claims focus on their unique facts. And without assessing the case as a whole, it would not be possible to conclude how much compensation could be appropriate for your case.

Also, you would have to undergo a medical assessment with an independent professional who could review your medical notes, examine you and compile a report that details your condition and your prognosis. This gives your personal injury lawyer a more accurate idea of the level of compensation they could achieve for your case.

We understand this could be quite frustrating, which is why we have some rough payout amounts for specific injuries that we believe could relate to this type of criminal injury claim. If, however, your injury doesn’t appear here, we could give you some further guidance on payout amounts over the phone. The figures we have in the table below come from the Criminal Injuries Compensation Authority Tariff covering England and Wales. And these could give you some rough insight into compensation amounts for such cases. But please contact our criminal injury compensation solicitors in Scotland if you want more advice.

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Injury Tariff Award Notes
Paralysis (Major) Not caused by brain damage. £27,000 Mild motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £55,000 Moderate motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £110,000 Severe motor or sensory function impairment (Hemiplegia)
Mental Injury (Disabling) £13,500 Not permanent, but injury could last for more than 5 years. Injured parties would have to have an assessment from a clinical psychiatrist/psychologist to confirm condition and prognosis.
Mental Injury (Disabling) £27,000 Where the injured party is seriously and permanently disabled.
Facial Scarring £11,000 Seriously disfigurement
Sight loss £22,000 Sight loss in one eye
Jaw bone fracture £6,200 When disability continues after surgery.

Special Damages You Could Claim

So, you’re wondering, ‘How much compensation do you get for criminal injuries?’ It may be important for claimants to understand that they could be eligible to claim for special damages as well as for their pain and suffering. Special damages compensate you for any financial losses or expenses as a direct result of the injury.

Some of these could relate to:

  • Physical aids – This could include wheelchairs and walking sticks. However, you would only claim these if you couldn’t get the aids from another organisation, such as the NHS.
  • Damage to property – Should your personal property suffers damage due to the criminal act, this becomes claimable.
  • Care costs – If you need help with things like cooking, cleaning or dressing, these costs are claimable. However, you would only be able to claim for these costs if they’re not free by another source.
  • Home adaptations – If your injuries require home adaptations, these could be claimable.
  • Wage losses – Have you been unable to work due to your injuries for more than 28 weeks? If so, you may be able to claim loss of earnings as part of your claim. However, this usually comes as the statutory sick pay rate at the time your claim begins. You would also need to provide a 3-year employment history to be eligible for this. And you must also explain any other gaps in your employment history during the 3-year period.

Further Details

There are two things we should make very clear when talking about special damages for CICA claims. Firstly, you would only be able to claim for expenses if the benefits office or local authority don’t cover them, And they must be reasonable. Secondly, you would have to be able to prove these costs. To do so, you might need to keep things like bank statements, bills, payslips or receipts to provide as evidence. Remember you do not have to claim with criminal injury compensation solicitors in Scotland. Our team coud help you. 

No Win, No Fee Claims With Criminal Injury Compensation Solicitors Scotland

Do you need assistance from criminal injury solicitors covering Scotland but fear having to pay upfront for their services? It may be a surprise, and a relief, to know this isn’t necessary. In fact, there’s a method for getting legal assistance without paying anything until your claim successfully ends in compensation. These are No Win No Fee claims. Instead of paying a retainer to your personal injury solicitor, you would instead sign a Conditional Fee Agreement. This promises them a small success fee with a legal cap percentage of your compensation payout. You only have to pay this success fee if the lawyer can agree on a compensation payout for you. And if they aren’t successful in doing so, you would not have to cover their costs of pursuing the claim. You would also not have to pay any fees upfront or during the claim. 

Here at Legal Expert, we can provide you with one of the criminal injury solicitors covering Scotland. We work with who could help with a criminal injuries compensation application for claimants in Scotland. To ask us anything more about making a claim, please do not hesitate to get in touch.

Start Your Claim For Compensation With Solicitors Covering Scotland

We hope this guide to claiming with criminal injury compensation solicitors in Scotland helps you. If you’re still wondering ‘How do I claim for criminal injuries in Scotland?’, please get in touch with your queries. We would be glad to offer you free, no-obligation expert advice on your claim. And we’re ready to provide you with a solicitor to fight for criminal injuries compensation on your behalf. You can reach us in several ways:

By phone: 0800 073 8804

Via email: [email protected]

Through the Live Chat Service, or via our contact form.

We look forward to hearing from you.

Essential References

Claiming Compensation For Criminal Injury – This Government resource explains more about criminal injury compensation.

Latest News From CICA – Here, you can read updates regarding the Criminal Injuries Compensation Authority.

Victims Code For Scotland – You can read more about what help there is available for victims of crime in Scotland here.

ASDA Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If ASDA Pharmacy Dispenses The Wrong Medication?

ASDA is a popular supermarket chain in the UK. Many of ASDA’s larger stores also have an on-site pharmacy. Services that ASDA Pharmacies offer include: prescription services, travel health services and advice for minor injuries or illnesses. Unfortunately, there are times when ASDA Pharmacies could make prescription errors. This could include an ASDA drug mixup, where medication that has been prescribed to two or more patients is mixed up, or a dispensing error by an ASDA pharmacist, where a patient is given the wrong type or wrong dosage of medication. Unfortunately, these errors could harm the body, causing the person to become ill or their pre-existing medical condition to worsen.

Asda Pharmacy wrong medication claims

If you have been harmed because of wrong medication negligence on the part of an ASDA Pharmacy, you may be eligible to make a compensation claim. Trust Legal Expert to handle your claim. Our panel of solicitors has decades of experience in handling medical negligence cases, so your claim is bound to be in safe hands.

Call us today on 0800 073 8804, to speak to a medical negligence claims advisor, or use our online claims form to contact us. If we can see that you are owed compensation for a pharmacy error, we may be able to provide you with an experienced medical negligence solicitor who could start working on your claim right away.

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A Guide To ASDA Pharmacy Negligence Claims

ASDA is one of the UK’s largest supermarket chains. It was founded in 1949 when supermarket owners, the Asquith family, merged with the Associated Dairies company of Yorkshire. ASDA was bought by US retail giant Walmart in 1999. As well as offering supermarket shopping, ASDA also offers other services to its customers, such as ASDA Mobile phone services, ASDA Money financial services and the ASDA Pharmacy. According to the Company Chemists Association (CCA), there are 250 ASDA Pharmacies in the UK.

We have created this wrong medication negligence claim against ASDA Pharmacies for anyone who was given the wrong medication by an ASDA Pharmacy and was harmed as a result. We will explain what a prescription error is and how it could happen. We shall also look at what effects an ASDA Pharmacy prescription error could have on a patient. We will explain how to make a prescription negligence claim against an ASDA Pharmacy and have included a claims calculator, similar to a personal injury compensation calculator, which could help you to estimate how much compensation for the wrong prescription could be worth.

Remember, if you have been made ill or had your pre-existing medical condition worsened because of negligence on the part of an ASDA Pharmacy, you may be able to claim compensation for your injuries.

Contact Legal Expert today to talk about your ordeal and if you are able to make a compensation claim, a knowledgeable solicitor will be assigned to your claim.

Sources:

https://thecca.org.uk/our-members/

What Is A Pharmacy Negligence Claim?

Pharmacists owe patients a duty of care. This means that they are obliged to provide them with an adequate standard of care that upholds their health and safety. We will talk about this in more detail later. If the pharmacist acts negligently, causing an unwanted occurrence which leads to the patient becoming injured, ill or worsens a medical condition that they already have, this may be considered pharmacy negligence. Pharmacy negligence is a type of medical negligence and it may also be known as pharmacy malpractice. A common incident of pharmacy negligence could include the pharmacist giving the patient the wrong medication, the wrong dosage of medication, or other types of prescription errors.

If a patient is harmed because of pharmacy negligence, they may be able to make a pharmacy negligence claim for compensation. If you believe that you are owed compensation because of a wrong medication incident at an ASDA Pharmacy, call Legal Expert today to check if you are eligible to claim.

Statistics On Wrong Medication Negligence

How common are wrong medication prescription errors? Prescription errors are a relatively common form of medical negligence. Fortunately, the majority of prescription errors result in moderate to low levels of harm for the patient.

A report conducted by the General Medical Council (GMC) found that as many as 1 in 20 prescriptions across the UK featured an error. Of these, 42% were judged to cause minor harm to the patient, 54% judged to cause moderate harm to the patient and 4% judged to cause severe harm to the patient. This is the same as 1 in 550 prescriptions causing the patient severe harm. These statistics do not relate specifically to pharmacies, but prescriptions in general.

Other findings from the report found that patients were more likely to experience a medication error if they were taking several medications. In fact, there was a 16% increase in the likelihood of an error, with every additional type of medication that the patient took. The report also found that patients aged 75 years or older were more than twice as likely to experience an error than younger patients aged 15-16 years old.

Sources:

NHS source information

Causes Of Pharmacies Making Wrong Medication Errors

In some cases, a doctor may prescribe a patient the wrong medication, or the wrong dosage of their medication. This will cause the pharmacist to make a dispensing error. Pharmacists should talk to the patient or their doctor if they believe that there is an error. If it is the doctor that has made the prescription error, they will usually be held liable for any injuries caused to the patient.

Types Mistakes Which Could Be Made By A Pharmacy

There are a variety of different ways in which pharmacies could make a mistake. Here are some examples of pharmacy medical negligence errors:

Dispensing The Wrong Medication

A dispensing error is made by an ASDA pharmacist, leading to the patient receiving the wrong type of medication. Certain medications could have a toxic effect on the body if taken unnecessarily or in combination with other drugs, potentially causing severe harm to the patient.

Dispensing The Wrong Dosage

A pharmacy gives the patient the wrong dosage due to an error on their part. The pharmacist may dispense either too high a dosage of the medication or too low a dosage of medication to a patient. Either of these could result in the patient’s overall health being impacted. They may find their illness becomes worse, or that they are harmed due to the side effects of the high dosage.

An ASDA Drug Mix Up

An ASDA drug mix up is where a pharmacist mixes up packages belonging to two or more customers so they receive the wrong medication. There was recently an incident in Cornwall where a young child who had been in hospital was prescribed antibiotics. Her mother took the prescription to an ASDA Pharmacy. Later it was discovered that a different name was on the bottle and the medication was not correct. Upon further investigation, it was found that she had been given medication for another patient, with a different medical condition. The branch of ASDA Pharmacy admitted their prescription error. Thankfully the child was unharmed, however, the consequences could have been more serious.

Sources:

News story source: www.cornwalllive.com/news/cornwall-news/mums-fury-after-asda-pharmacy-3731096

Giving Incorrect Instructions

Pharmacists are also responsible for advising a patient and providing them with information about how to take their medication (for example, some medications don’t work properly if they are not taken with food). If the pharmacist provides the patient with incorrect or misleading information this can lead to the medication being ineffective, or the patient becoming harmed.

Wrongly Mixing Ingredients

If the pharmacist mixes medications, for example, ADHD medication with blood pressure medicine it could lead to people experiencing adverse effects or could see the condition they need to treat with medication worsen. 

Dispensing Damaged Or Expired Medication

A pharmacist dispenses medication which is expired or has ingredients which are not fit for use.

What Effects Could The Wrong Medication Have On You?

If a patient is prescribed the wrong medication, they could be harmed in many different ways. If the patient is allergic to a type of medication, such as penicillin, the patient could experience an extreme allergic reaction called an anaphylactic shock, which could result in the patient slipping into a permanent coma, or even dying. 

If a patient receives the wrong type of medication, this may also have a toxic effect on the body, leading to them becoming ill. In some instances, the medication may have a harmful effect, when mixed with another type of medication. For example, the blood thinner coumadin should not be mixed with aspirin or ginseng as it can increase the likelihood of internal bleeding, or a cut not healing as quickly as it should.

If a pharmacy gives a patient the wrong dosage, that can also have an adverse effect. If the patient experiences a drug overdose, they could potentially experience cardiac arrest or liver damage. If the patient receives too small a dosage of medication, the medicine may not work at all, causing the patient’s medical condition to get worse over time.

Steps To Protect Yourself From Negligence By A Pharmacy

We advise patients to always check the label before they take their medication to safeguard against any medication mix-ups. Check that it is your name on the label and the medication is what your doctor has prescribed you. When checking the label, make sure the dosage is the same as what your doctor prescribed. Similarly, if the bottle or package your medication came in appears to be correct, but the medication itself looks different to what you usually receive, contact your doctor or pharmacist to make sure there has not been a dispensing error by an ASDA pharmacist.

If you are on a repeat prescription, make sure that the time you are on a repeat prescription does not exceed the recommended duration. This means that your doctor will be able to check that your repeat prescription is still correct for you.

Pharmacy Negligence And Wrong Medication Claims

If you have been made ill, or your existing medical condition was made worse because of an ASDA drug mixup or a dispensing error by an ASDA pharmacist, you could be eligible to claim compensation. You may have come across a  personal injury claims calculator before. We find they can be cumbersome to use, so instead, we’ve included a table below detailing relevant injuries and illnesses. 

 

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Type Of Illness Or Injury Comments On This Injury Damages with 10% uplift
Level A – Kidney damage This is the most serious level of damage. The victim may have severe forms of injury to both of their kidneys, or have lost function in both. £158,970 – £197,480
Level B – Kidney damage The victim may have a significant risk of future kidney function loss or similar illness. Up to £60,050
Level C – Kidney damage At this level, one of the kidneys has lost most or all function, but the other kidney is working. £28,880 – £42,110
Level A – Chest injuries Chest injuries may cause harm to the internal organs situated in the chest. Level A includes significant injuries. £94,470 – £140,870
Level (i) non traumatic injuries Such injuries or illness may lead to you suffering toxicosis, pain, vomiting or diarrhoea. £36,060 – £49,270
Level (ii) non traumatic injuries Such injuries should not be permanent. They may cause harm to your sexual function or to your bowels. £8,950 – £18,020
Level (iii) non traumatic injuries The victim may experience some form of pain or discomfort. They may require hospitalisation. £3,710 – £8,950
Non traumatic injury – Level (iv) This is the lowest level of non-traumatic injury. Claimants may experience symptoms similar to those in other categories, but at a lower level. £860 – £3,710

 

Please be aware that the figures in this table are just estimates. The value of each claim is determined by its unique set of facts.  For a more precise estimate as to how much money your prescription medical negligence claim could be worth, call Legal Expert today to speak to an advisor.

Additional Types Of Damages You Could Claim

If you make a successful prescription negligence claim against an ASDA Pharmacy, you will be awarded a compensation package consisting of two heads of claim: general damages and special damages. General damages compensate you for the pain, suffering and loss of amenity that you experienced as a result of your injuries. 

Special damages reimburse the claimant for any financial losses or out of pocket expenses that they have experienced as a result of their injuries. Examples of special damages you may be able to claim for medical negligence at a pharmacy include loss of income, medical expenses, travel expenses, home adaptation expenses, at-home care expenses, or mobility equipment expenses, should your injuries have caused you to become disabled.

No Win, No Fee Claims For ASDA Pharmacy Negligence

If you have been made ill or had your existing medical condition made worse because of ASDA Pharmacy malpractice, you may be able to make a medical negligence claim for compensation. If you decided to pursue a claim with us, we can put you in touch with one of our specialist solicitors who will offer to represent you on a No Win, No Fee basis. What are the advantages of making a No Win, No Fee claim?

  • You will not need to pay any fees upfront or during your claim to your solicitor. If your claim is unsuccessful you will not have to pay any of the fees your solicitor has incurred in pursuing your case. This makes No Win, No Fee claims more affordable for many of our clients.
  • If your claim is successful, your solicitor may seek a small contribution toward their fees. This is known as a success fee and would be deducted from the compensation awarded at the end of the claim. Don’t worry, success fees are legally capped and will be confirmed with you before beginning the claim. 

To learn more about making a No Win, No Fee claim, read our online guide. Alternatively, get started on your claim by calling Legal Expert today for your free medical negligence claims consultation.

Why Let Us Handle Your Wrong Medication Claim Against A Pharmacy?

If you were given the wrong dosage of medication, the wrong type of medication, mixed medication, expired medication, or were misinformed about how to take your medicine safely and effectively, you could be entitled to claim compensation. Why choose Legal Expert to handle your claim?

  • You will receive a free in-depth personal injury claims consultation where we will be happy to answer all your questions.
  • You will be assigned a specialist solicitor with 30 years of experience to work on your case, so you know your claim will be in safe hands.
  • Our panel of solicitors always strives to achieve the maximum amount of compensation possible for their clients. 
  • Every client gets the option to make a No Win, No Fee claim, so there is less financial risk involved for them.

Start A Claim For Asda Pharmacy Negligence

Start your claim today. Call Legal Expert on 0800 073 8804, or use our online claims form to reach us. If you have legitimate grounds to claim compensation from ASDA Pharmacy, we would love to represent you. So call us today! We’re looking forward to hearing from you.

Essential Resources

In the following resources from Legal Expert, you can learn more about how to make a successful compensation claim for medical negligence.

Clinical And Medical Negligence – Our guide to claiming compensation for the adverse effects of medical or clinical negligence.

NHS Negligence Claims – How Much Compensation Can I Claim? – Our guide to making a claim against the NHS for harm caused by medical negligence.

How Much Compensation For Medical Negligence Resulting In Death? – Our guide to making a compensation claim for medical negligence which has to lead to a patients death.

External Resources

In the following external resources, you can learn more about pharmaceutical and prescription errors.

An NHS News Report About The Number Of Prescription Errors – A report from the NHS looking are prescription errors.

A Guide To Avoiding Prescription Errors From The Pharmaceutical Journal – How prescription errors may be avoided.

 

Written by Chelache

Edited by Billing

Superdrug Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If Superdrug Pharmacy Dispenses The Wrong Medication?

After you’ve visited a GP or hospital, the last part of the treatment chain is a trip to the pharmacy to collect a prescription. Pharmacists are medical professionals who have a duty of care towards patient safety and they must ensure prescriptions are dispensed correctly. In this guide, we look specifically at making a Superdrug Pharmacy wrong medication claim. We look at the sort of pharmaceutical errors that could happen, what effects they might have on you, and when a pharmacist might be held liable for any suffering you endured.

Superdrug Pharmacy wrong medication claims

If you believe you have a valid case, we could help you begin a prescription negligence claim by offering free advice in an initial no-obligation consultation. Our advisers can assess your claim and should they consider it to be strong enough, they could connect you with a No Win, No Fee solicitor from our panel.

If you’d like to discuss your claim with Legal Expert right away, why not call us on 0800 073 8804? If you’d prefer to find out more about claiming for a Superdrug pharmacist dispensing error before getting in touch, please continue reading.

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A Guide To Superdrug Pharmacy Negligence Claims

When you visit your GP or attend a hospital in an emergency, once a doctor has assessed your injury, they would typically prescribe a course of medicine to manage your symptoms or to try and cure your ailment. The prescription would be dispensed by a pharmacist and it’s essential that they provide you with exactly what the doctor ordered.

If a pharmacist gets it wrong, your symptoms could get worse, or you could suffer side effects. Should this be the case, it may be possible to claim compensation for your suffering if it can be proven it was caused by medical negligence.

This guide looks at what medical negligence entails, what the outcome of a prescription error could be, how it might occur, and when you might be able to claim compensation from a responsible party.

There are time limits that apply to all medical negligence cases. The time limit is the same as that of personal injury claims. In normal situations, you’d have 3 years to claim from the date of the accident. However, when claiming prescription medical negligence, you might not find out until later, which would typically be when a doctor realised a mistake had been made. Therefore, the 3-year time limit would begin from the date you found out about the error or were diagnosed with a subsequent illness.

We’ve provided some additional useful resources as well as our contact details at the end of the guide. You can contact our team at any time if you have any queries. We provide free legal advice about the claims process and what it entails.

What Is Wrong Medication Negligence By A Pharmacy?

There are many different scenarios of why a pharmacist could dispense the wrong medication. We’ll provide some examples in this section. Before we do, it’s important to note that pharmacies are regulated. Also, pharmacists are medical professionals. Therefore, if they breach their duty of care, you could be entitled to claim compensation for any suffering caused by dispensing errors.

Here are some examples of pharmaceutical negligence:

  • Giving a patient incorrect advice about medications.
  • Dispensing the wrong type of medication.
  • Being given somebody else’s prescription medicines.
  • Receiving the correct medication but the wrong dosage.

Importantly, any type of medication negligence error, whether it’s listed here or not, could lead to a claim if it causes you to suffer. We’ll look at some of these scenarios in more detail later in the guide.

If you suspect you’ve received the wrong medication, you should call the prescribing doctor for verification. If you’re asking yourself, ‘How do I complain about a pharmacy?’ There is a link to the General Pharmaceutical Council at the end of this guide.

Statistics – Rates Of Pharmacy Wrong Medication Errors

In 2012, the NHS published a report with the headline: Prescriptions: ‘1 in 20 has an error’. The study the report was based on looked at 15 different GP surgeries in three different areas of England. The team conducting the study took a 2% random sample of patients (1,777 in total) as a representative sample of the population.

Then, each of the patient’s medical records was examined to determine if there were any potential monitoring or prescribing mistakes. In total, 6,048 prescriptions were considered by a panel which was made up of a GP, three pharmacists and a clinical pharmacologist.

The results of the study concluded:

  • 1 in 20 items prescribed was linked to a monitoring or prescribing error.
  • 1 in 550 of those were linked with a severe error.
  • Incomplete information errors made up 30% of the mistakes.
  • Dosage or strength errors accounted for 18%.
  • Incorrect timing of doses made up 11% of the errors.
  • Overall, 42% of the errors were deemed minor, 54% moderate and 4% severe.

Following on from their findings, the team looked at reasons for the mistakes made. They found the reasons to be:

  • GP time pressure.
  • Incorrect use of GP computer systems.
  • Inadequate GP training on safe prescribing.

Based on the report, the General Medical Council has recommended strategies to reduce errors which include improved training, procedures and effective use of computer systems.

Causes Of Wrong Medication Negligence By A Pharmacy

As well as the causes highlighted by the study in the previous section, there are several other reasons why a pharmacy might dispense the wrong medication. These could include:

  • Incorrect drugs are given because they have similar names to those prescribed.
  • A shortage of staff meaning that the pharmacist and technicians are rushed.
  • When medical abbreviations are not understood or checked.
  • Drugs being dispensed because they look similar to those prescribed.
  • A patient being given the prescription of another patient because they have a similar name.

The pharmacist in a shop, GP surgery or hospital is ultimately responsible for what the patient is given. As such, there should be processes in place to check for errors.  Sometimes, it is a technician who makes a mistake which leads to a patient suffering. However, the pharmacist would still be responsible and therefore a medical negligence claim could be raised against them.

Types Of Prescription Negligence Claims

We’re now going to look at some type of negligence that could lead to a Superdrug Pharmacy wrong medication claim.  If you don’t see a scenario listed that relates to your claim, don’t worry, you could still discuss your claim with one of our advisers.

Mistakes In Administration

If the wrong label is placed onto a prescription, it could end up being given to the wrong patient. If that happens, depending on the drug given, adverse effects could occur, or the patient’s existing condition might get worse.

Dispensing The Wrong Medication

Similarly, if the wrong medication altogether is dispensed, the patient might suffer an avoidable adverse drug reaction. While some of these are minor, they can also be very serious and life-threatening in some instances.

Dispensing Incorrect Instructions

If the wrong instructions are provided with medication it might cause problems. For instance, if the instructions said, ‘take once a day’, but the prescription should’ve been, ‘take four times a day’, then the patient’s underlying condition might worsen.

Using Ingredients Which Are Damaged

Some medications need to be kept in sealed bottles or tablet packs to keep them from going off. Some also have use-by dates stamped on packaging by the manufacturer. If these are not adhered to, or seals are broken, the medicine might become ineffective. This could cause the patient to suffer.

Wrongly Mixing Ingredients Or Prescriptions

When a doctor prescribes medication, they’ll usually check whether the patient has any other prescribed medicines which could react adversely with the new prescription. When pharmacists dispense certain medicines, they should check whether the patient is aware of any other products that shouldn’t be taken at the same time as those being dispensed.

What Happens When You Take The Wrong Medicine?

Three main outcomes could occur if you’re given the wrong medication, which could mean you’re entitled to compensation. These are:

  • The medication causes no side effects, but you suffer because your underlying condition isn’t being treated.
  • You suffer side effects such as stomach cramps, diarrhoea, acute pain and even organ damage. These cases, in general, aren’t life-threatening. However, you could seek compensation for the suffering that was caused. Also, as above, your underlying condition could worsen due to the lack of proper treatment
  • Finally, you could suffer an allergic reaction to the medication. Normally, allergies would be checked before medicines are prescribed. However, if you’re given the wrong medication, that check is effectively bypassed. Minor symptoms of an allergic reaction include rashes, dizziness, coughing and wheezing, nausea, vomiting and swollen lips, tongue or face. However, in serious cases, an allergic reaction can be fatal if it causes anaphylactic shock.

Preventing Wrong Medication Errors By A Pharmacy

There are several steps you could take to check for and prevent a prescription error causing you to suffer. These include:

  • Always check that the medicine you’ve been given is labelled in the same way as your prescription.
  • Ensure that every item in your prescription has your name on the label.
  • Check with the pharmacist how the medication should be taken.
  • If you are taking any other mediation, even over the counter treatments, check with the pharmacist for any potential conflicts.
  • Should you be in any doubt at all, check with your GP before taking any medication.

Although medical professionals have a duty of care to prescribe and dispense correctly, taking the steps above could help prevent a mistake from being made.

Calculating Pharmacy Negligence Claims Against Superdrug

Now you’ve read about what scenarios could lead to a Superdrug Pharmacy wrong medication claim, you’re probably interested in how much compensation you could be entitled to. To help with this, we’ve provided a table below detailing relevant injuries and illnesses. If you’ve made a claim before, you may have seen something similar, like a  personal injury claims calculator. However, you should be aware that every claim is unique so the values below may not reflect your own claim. Further, the figures in the table are for one part of the claim. We’ll look at what else can be claimed for in the next section.

 

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Claim Type Compensation Range Comments
Non Traumatic Injury £36,060 to £49,270 Symptoms like acute pain, diarrhoea, vomiting and fever caused by severe toxicosis. Hospitalisation could be for some weeks and there will be a significant impact on enjoyment of life and ability to work.
Non Traumatic Injury £8,950 to £18,020 Symptoms like diarrhoea and vomiting. These symptoms will ease over a period of 2 to 4 weeks. However, food enjoyment and bowel function could be affected for a few years.
Non Traumatic Injury £3,710 to £8,950 Symptoms which lead to cramping of the stomach, significant discomfort and fatigue. Hospitalisation will be required for a few days. However, minor symptoms will clear up after a few weeks. It may take a year or two to fully recover.
Non Traumatic Injury Up to £3,710 Symptoms of cramps, disabling pain and diarrhoea for a period of a few weeks.

 

In the table, which comes from a legal document used by courts, insurers and solicitors called the Judicial College Guidelines, you’ll see that compensation is based on the severity of your injuries. Therefore, it’s vitally important that a solicitor provides evidence to support your claim.

When our panel of solicitors takes a claim on, they will require you to undergo a medical assessment with an independent doctor. This is usually arranged locally so that you don’t need to travel too far. The doctor will review your records and ask a number of questions during the assessment. They’ll then prepare a report for your solicitor. That report, along with over evidence you’ve provided, will be used to establish the injuries sustained and the prognosis of those injuries. The value of your claim will generally be based on those findings.

Additional Types Of Compensation You Could Claim

The table in the previous section provided examples of compensation paid for any pain and suffering endured as a result of being given the wrong medication. This type of compensation is known as “general damages”. Another type of compensation claim that can be claimed is known as “special damages”. This is compensation that’s paid to cover any financial losses, or future costs, caused by your suffering.

Some examples of special damages include:

  • Care Costs
    When you require support while you’re recovering, you could claim back any associated costs. For instance, the fees of a professional carer could be claimed for. Also, the time of a friend or family member could be claimed for too.
  • Medication Costs
    In most cases, any treatment required will be provided for free by the NHS. However, it’s still possible to incur medical costs such as prescription fees. Therefore, you could ask for these costs to be paid as special damages.
  • Travelling Expenses
    When you’ve suffered because of wrong medication negligence, you might need to visit your GP or a hospital on multiple occasions. Therefore, it might be possible to claim back fuel or parking costs associated with those trips.
  • Lost Income
    If you don’t receive full pay while off work recovering or while attending medical appointments, any lost income could be claimed back.
  • Future Lost Earnings
    Also, if your injuries are long-term, and reduce your ability to work, then you could claim for future loss of earnings as well.

To help your solicitor claim for special damages, you should try and retain your receipts. Also, bank statements and wage slips could be used. Finally, if you’re not sure if an expense can be claimed back, make sure to ask the solicitor before you commit to it.

No Win, No Fee Claims For Superdrug Pharmacy Negligence

If you’ve been prescribed the wrong medication and are considering making a claim, the costs involved might seem off-putting. However, to reduce the financial risks of claiming, our panel of solicitors offer a No Win, No Fee service for any claim they work on. Not only does this offer you financial protection, but it reduces the stress of making a claim, giving you the confidence to pursue justice.

At the beginning of the claims process, your solicitor will review your claim. They do this because they need to ensure it has a chance of being won. If they decide you have a valid case, they’ll give you a No Win, No Fee agreement to sign, also known as a conditional fee agreement (CFA).

When you review the CFA, you should look for:

  • Confirmation that there are no fees to pay upfront or during the claim and that if the case does not succeed, you will not need to pay any of the fees your solicitor has incurred in pursuing the case.
  • If your claim does succeed, your solicitor may seek a small contribution toward their fees. This contribution is known as a success fee and forms a percentage of the compensation awarded. Don’t worry, success fees are legally capped and the level will be detailed in the CFA. 

To find out if you’re able to claim for a Superdrug dispensing error on a No Win, No Fee basis, please speak with an adviser today.

Why Choose Our Team To Handle Your Pharmacy Negligence Claim?

Now that you’ve read how to make a personal injury claim for medical negligence, we’d like to provide you with some information about how Legal Expert could assist you with your claim.

  • Our team of specialists offer a no-obligation assessment of your claim. Any legal advice they provide is free.
  • You can begin your claim 24-hours a day, 7-days a week by phone or live chat.
  • We have a panel of experienced solicitors who work on a No Win, No Fee basis.
  • Should your claim be taken on, your solicitor will provide regular updates so that you’re kept in the loop.
  • Some of the solicitors on our panel have been handling claims for nearly 30 years.
  • Our panel of solicitors aims to recover the maximum amount of compensation possible.

If you would like any further details on how we could assist you, please contact us today.

Start Your Superdrug Pharmacy Wrong Medication Claim

As we come to the end of this guide about claiming for Superdrug Pharmacy negligence, we hope that you’re now in a position to begin a claim. If that’s the case, we also hope you’ve decided to let Legal Expert assist you. To get in touch with us, you can:

  • Call the specialist advisers on 0800 073 8804 for free advice
  • Chat online, day or night, with an adviser to discuss your claim
  • Or, if you’d prefer a call back from an adviser, please fill in our online claims form

After you contact us, we’ll work with you to look at your case. We’ll review what happened, how it happened and who was to blame. Then we’ll review the evidence you’ve got to back up the claim. If we believe you could be compensated for your suffering, we could refer you to a medical negligence lawyer from our panel. Remember, if they agree to take your claim on, then they’ll work on a No Win, No Fee basis.

Essential Resources on Superdrug Pharmacy Wrong Medication Claims

Now that you’ve read this guide about making a Superdrug Pharmacy wrong medication claim, we’re going to provide you with links to some different guides and external resources. Should you require any further information, please get in touch with a member of our team.

Raising Pharmacy Concerns – Information from the General Pharmaceutical Council on how to report any concerns you might have. You could use this to help if you have any Superdrug Pharmacy complaints.

Reducing Prescribing Errors – A report by The Health Foundation on strategies that could be used to reduce prescription errors.

Find A Pharmacy – This useful tool from the NHS allows you to locate pharmacies in your area.

Can I Sue A Pharmacy? – A guide which explains when suing a pharmacy for negligence might be possible.

Healthcare Wrong Medication Errors – Information about when personal injury claims can be made due to suffering caused by medication errors in healthcare.

Wrong Dosage Claims – A more detailed look at what problems a doctor prescribing the wrong dosage can cause and when a personal injury solicitor might help you claim.

Written by Hambridge

Edited by Billing

Tesco Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If Tesco Pharmacy Dispenses The Wrong Medication?

Have you suffered adverse side-effects due to medical negligence? Has the wrong medication caused a pre-existing condition to deteriorate? If that is the case, then you might be seeking legal advice on how to claim compensation. Pharmacies are required by law to uphold a high code of ethics. A high code of ethics ensures all pharmacies operate at a high standard, and it helps minimise potential risks. For example, a high code of ethics ensures patients receive the correct medication that is the required dosage. But if a pharmacy were to neglect their legal and ethical responsibilities, it could cause their customer’s avoidable injury or harm.

Here at Legal Expert, we understand that a prescription error by a pharmacy could be a costly experience, resulting in various health implications. If you have been injured due to the fault of a Tesco Pharmacy, then you might be seeking legal advice on how to claim compensation. This guide is set to discuss Tesco Pharmacy negligence claims in greater length, providing details and applicable information. However, if you wish to speak to a professional regarding your potential claim, why not talk to a member of our team? Our phone lines are free to call, and our team of advisers are available 24 hours a day, 7 days a week.

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A Guide To Tesco Pharmacy Wrong Medication Claims

Tesco Pharmacy wrong medication claimsAll Pharmacies are held to a high code of ethics, which has been outlined by The General Medical Council (GMC). However, if a Tesco Pharmacy were to neglect their duty of care, this breach could result in a medication error to occur. Not only could a mistake of this nature cause innocent patient adverse side-effects, but it could lead to severe and life-altering health implications. If you have endured a degree of damage due to the negligent actions of a Tesco Pharmacy, then you could have grounds to make a claim for compensation. To successfully discuss Tesco Pharmacy claims, this online guide is set to answer the following questions:

  • What is a personal injury claim?
  • What is, duty of care?
  • What are the effects of a prescription error?
  • Who is at fault for a prescription error?
  • How could Legal Expert support me when making a claim?

Towards the end of this online guide, it will have successfully answered the questions that are located above. However, if you wish to speak to a legal professional regarding your potential claim, why not give Legal Expert a call? One of our advisers would be more than happy to talk with you and answer any questions you might have.

What Is Tesco Pharmacy Negligence You Could Claim For?

You might be questioning what is meant by a Tesco Pharmacy error, and how are they caused? Many people use Tesco Pharmacies to pick up repeat prescriptions, medication for an unexpected illness, or one-off purchases, such as painkillers. To ensure all personnel are qualified to dispense medicinal drugs, Tesco Pharmacists will be trained in the science of pharmacy. This ensures they have the right knowledge and skills to fulfil the job role and uphold their duty of care.

If a pharmacy were to deviate from their duty of care, it could cause a medication error. Not only could a medication error result in pain and suffering, but it could cause pre-existing conditions to deteriorate, or, in severe cases, it could lead to death. If you or a loved one have been affected by Tesco Pharmacy negligence, then you might be seeking advice on how to make a claim for medical negligence. Within the following sections, it shall provide those affected by a pharmacy error with useful information.

Statistics – How Many Prescriptions Errors Are Made In England?

A report published by the General Medical Council in 2012 found that 1 in 20 prescriptions included an error. This study examined 15 GP surgeries located across various parts of England, and it looked at 1, 777 patient’s individual orders. The study examined over 6,000 prescriptions. The study concluded that 42% of errors were minor, suggesting no real threat to the patient’s life. It also stated that 54% of mistakes whereof a moderate error, and 4% were severe. In addition to these findings, the study also included the following statistics:

  • The most common error was a failure to request monitoring (69%).
  • 4 in 10 patients over the age of 75 suffered from a prescription error.
  • 11% of the mistakes made were in connection to timing.

Causes Of Dispensing Errors By Pharmacies

Primarily, a dispensing error could be caused if there are inconsistencies or deviations from the standard prescription process. In doing so, this could lead to:

  • The wrong drug being dispensed
  • The improper dosage being dispensed
  • The wrong quantity being dispensed
  • Incorrect or inadequate labelling
  • Incorrect directions for use being provided

Medication errors should not be taken lightly, as they could cause health-related severe implications. Unfortunately, if a pharmacist were to deviate from their duty of care, this breach could result in a medication error. In addition to dispensing errors, a medication error may also be caused by one of the following factors.

  • Transcription Errors – Transcribing errors are caused when the handwriting on a prescription is difficult to read. Due to poor or unreadable writing, a pharmacist could misread or misinterpret the prescription, leading to a medication error.
  • Prescription Errors – Prescription errors could be caused due to slips, lapses, or mistakes made by a medical professional. In some circumstances, a prescription error is connected to a prescription mix-up, providing the wrong medication, giving a patient the wrong dosage, or incorrect instructions.

Types Of Medication Negligence By A Pharmacy

Producing, preparing, dispensing, handling and reviewing medication is a pharmacist’s primary role, and to ensure this role has been ethically and safety achieved, there are measures set in place. For example, the General Medical Council (GMC) state that those who prescribe and manage medication are required to keep up to date with the law, keep documentation of their work, and provide treatments that are based on the best available evidence. The General Medical Council (GMC) also state that pharmacists are obligated to:

  • Have a high standard of knowledge regarding medication.
  • Understand their limits and seek support if required.
  • Use accessible resources, such as data and records.
  • Ensure the health and safety of their patients is the highest priority.
  • Pharmacists are solely responsible for the medication they sign for and any decisions they make.

The measures outlined by the GMC have been set in place to ensure all patients receive universal, safe, and effective treatment. But despite the comprehensive steps that have been set in place, if a medical professional were to deviate from their duty of care, it could lead to various errors. We have outlined some medication errors that could occur if a pharmacist were to neglect their duty of care.

Mistakes In Administration – Errors of this nature could be caused by faulty equipment, understaffing, and various technical errors.

Dispensing The Wrong Medication – As outlined in the previous section, dispensing errors could be associated with the wrong dosage, the wrong medication, or inadequate labelling.

Dispensing Incorrect Instructions – Giving patients the correct instructions when prescribing medication is vital, as it ensures the medicine is being consumed correctly. Being provided with wrong instructions could lead to medication being taken incorrectly.

Wrongly Mixing Prescriptions –  Not only could this cause a patient to receive the wrong medication, which could cause adverse effects, but it means a patient’s illness could go untreated.

What Impacts Could The Wrong Medication Have On A Customer?

If a customer were to be prescribed the wrong medication, it could lead to various health complications and side effects. In some circumstances, the effects of a prescription error could result in short term complications, such as nausea and headaches. But in severe conditions, prescription errors could lead to one of the following implications:

  • Death.
  • Internal Bleeding.
  • Disability.
  • Seizures.
  • Liver Damage.

If you have been prescribed the wrong medication but haven’t experienced adverse side-effects, then you would not be eligible to claim compensation. To make a medical negligence claim, you must have suffered a degree of injury or illness. For example, if you suffered from an allergy and were to be prescribed harmful medication, it could lead to a life-threatening condition known as anaphylaxis. Not only could an anaphylactic shock cause pain and suffering, but in severe cases, it could lead to death.

Steps To Prevent Mistakes Being Made

Despite the measures the General Medical Council set in place to prevent medical negligence, you might question if there are steps you could follow to protect yourself from pharmaceutical errors? To protect yourself from pharmacy negligence, you could consider following these steps:

  • Check your medication.
  • If you have several boxes of medication, check that your name is on all of them.
  • Ask the pharmacist how to take your medicine, ensure you have been given the correct steps.
  • If you are taking medication for another condition, ensure the pharmacist is aware of your condition and the medication you are currently taking.

Compensation Calculator For Wrong Medication Negligence

You might question how much compensation could be awarded for a Tesco Pharmacy error? When claiming compensation, it is essential to highlight that two categories of damages could be taken into consideration. These are known as General Damages and Special Damages. Within this section, it shall explore General Damages in greater length and provide a personal injury claims calculator.

General Damages will be awarded to those who experience a degree of physical injury or psychological trauma. To be awarded General Damages, you will be required to provide a medical report. Within the report, it should detail the type of injury you’ve sustained, the severity of the injury, if you’ll require future treatment, and how the damage will affect your day-to-day life. To outline how the severity of an injury plays a crucial role within the claims process, we have provided a personal injury claims calculator.

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Injury Severity Awarded Compensation Description
Brain Damage Minor £14,380 to £40,410 Those who endure minor Brain Damage are expected to make a significant recovery. However, they could display symptoms, such as behavioural issues, memory loss, and concentration issues.
Brain Damage Severe £264,650 to £379,100 Severe Brain Injury is expected to have life-altering effect. Symptoms could include sensory impairment, a change in personality, behavioural issues, and communication issues.
Bowel Damage Minor £11,820 to £22,970 Minor bowel damage is expected to cause damage for a significant length of time, however, it will return to a natural function.
Bowel Damage Severe Up to £172,860 Severe Bowel damage will have a life-altering impact. In most cases, those who experience severe bowel damage will loss complete loss of natural function and experience additional complications.
Kidney Damage Minor £28,880 to £42,110 Compensation of this bracket could be awarded to those who experience minor Kidney damage. This is where one kidney is removed, but no damage to the second is caused.
Kidney Damage Severe £158,970 to £197,480 In this bracket, those who lose or endure damage to both kidneys could be awarded compensation.

The figures within the table are based on the Judicial College Guidelines, which directly applies to England and Wales based claims. However, it is worth highlighting that the figures listed within the table are for example purposes only. The compensation you could be entitled to may differ, as every claim for compensation is unique. 

Additional Costs Which You May Claim Compensation For

In addition to General Damages, those that pursue a claim for compensation may also be eligible for Special Damages. 

Special Damages could be awarded for the following types of financial loss:

  • Medical Costs
  • The Loss of Income
  • The Loss of Future Income
  • The Cost of Care 
  • Future Career Prospects Being Hindered

To be awarded Special Damages, you will be required to provide various forms of evidence. This could include financial documentation, such as receipts and bank statements. This information will be crucial within the claims process, as it will be used to support your potential claim for compensation.

No Win No Fee Claims – Tesco Pharmacy Wrong Medication Negligence

A Conditional Fee Agreement (CFA), also referred to as a No Win No Fee agreement is a financial agreement between a solicitor and the claimant. If a solicitor offers to handle a claim under a No Win No Fee basis, then it could reduce the threat to your finances and eliminate the financial burden of up-front fees.

If a solicitor takes on a claim under a No Win No Fee agreement and is successful, then you will be required to pay a fee for the services that have been provided. This is also referred to as a success fee, and by law, it is capped at a maximum of 25%. However, you will have the opportunity to discuss the percentage of the success fee before beginning your claim. If a claim for compensation is unsuccessful, then you wouldn’t be required to cover your solicitor’s legal fees.

Why Choose The Team At Legal Expert For Your Claim?

You might be questioning how Legal Expert could support your potential claim for compensation? In the event you are injured due to an avoidable pharmacy error, then a solicitor from our panel could potentially handle your claim. With over 30 years of experience, our panel of solicitors are exceptionally well versed in personal injury law, and they could provide you with advice and support throughout the claims process. So if you wish to make a claim for compensation, why not get in touch a begin your claim with Legal Expert.

It must be stated that in order to make a successful claim with a solicitor from our panel, you must begin your claim within the personal injury claims time limit. The 3 years limit comes into action from the moment you are aware of the avoidable harm. A failure to begin your claim within this time limit will hinder the eligibility of your claim for compensation. However, there are exceptions to the time limit. So to discover whether your claim meets the applicable time limit, please speak to a member of our team.

Start Your Claim For Pharmacy Negligence

When you are ready to speak with a professional regarding your potential claim, why not talk to Legal Expert? Firstly, you could call our phone lines and speak to one of our knowledgeable advisers, as they can offer you a free consultation over the phone and answer any queries that you might have. Alternatively, you could submit an enquiry form located on our website, and once submitted, a member of our team will contact you at your earliest convenience.

To enquire online, please click here.

To speak to an adviser, the number to call is 0800 073 8804.

Essential Resources

Within the following section, we have provided some additional materials that could be of use to those that wish to make a claim.

Medical Negligence Claim
Could I Be Entitled To Compensation For A Medical Error?

Hospital Infection Claim
Does A Hospital Owe Me A Duty Of Care?

Medical Negligence Resulting In Death
Could I Claim For The Loss Of A Loved One?

Written By Brennan

Edited By Melissa.

Jaguar Land Rover Accident At Work Claims Guide

Jaguar Land Rover Automotive PLC is headquartered in Coventry. This is a British multinational automotive business. It represents a merger of the Land Rover brand and Jaguar Cars Limited, which happened in 2013. Most recent statistics of production output show 174,560 models for Jaguar in the 2017/18 period, and 439,749 models for Land Rover in the 2017/18 period. At present, there are 40,000 people employed by Jaguar Land Rover Automotive PLC in the UK. If you have been injured while working for Jaguar Land Rover Automotive PLC due to the negligence of your employer, you may be considering making a Jaguar Land Rover personal injury claim. This is something that we could help you to do here at Legal Expert if you were to call 0800 073 8804. We have many years of experience. Simply give us a call today to get you case assessed and receive free legal advice.. But first, of course, read on for plenty of helpful information.

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A Guide To Workplace Accidents Working At Jaguar Land Rover

Jaguar injury claims processHave you been involved in a workplace accident while working at Jaguar Land Rover? Are you thinking about making a Jaguar Land Rover personal injury claim? Perhaps you suffered an injury due to a defect in a machine that is used in the production area. Maybe you have been diagnosed with repetitive strain injury and think that more could have been done by your employer to reduce the risk? Whatever the scenario may be, read on to discover all you need to know about using Legal Expert for a Jaguar Land Rover personal injury claim.

Examples of the types of injuries and illnesses that could occur within the workplace;

  • Vibration white finger
  • Back injury at work
  • Manual handling accident
  • Vehicle accidents
  • Repetitive strain injury
  • Poor health and safety accidents
  • Industrial deafness
  • Industrial diseases
  • Slips, trips and falls

Accidents could happen anywhere, whether in work, in a restaurant, on the street etc, in order to be able to pursue a claim for damages the accident causing your injuries must have been caused due to error, negligence or omission from a third party that owed you a duty of care.  Perhaps she or he did not carry out proper risk assessments? Maybe they failed to provide protective equipment? The situations could vary call our specialists today and use the free legal consultation to have your case assessed.

In this guide, we will explain the process of making a workplace accident claim for injuries suffered in the workplace through negligence or error. This includes asking questions like: Is there a time limit on personal injury claims? Can I make a claim for an accident at work? Do you have to be injured to sue for negligence? Should I get full pay if injured at work? If you still have queries by the time you finish reading this guide, please do not hesitate to use our contact information to get in touch.

What Is A Workplace Injury At Jaguar Land Rover?

Have you been hurt in a workplace accident while working for Jaguar Land Rover? There are potentially different accidents and injuries that could occur in the workplace, from a slip, trip or fall to a manual handling injury. Not all accidents or illnesses that occur in the workplace will go on to qualify for compensation. In order to pursue a claim the accident which lead to the injury must be the responsibility of your employer and in some circumstances another employee. It must be proven that with the right procedures, processes, health and safety regulations etc your employer could have prevented the situation from occurring.

The first thing you always need to do is determine whether you actually have the basis for a successful workplace personal injury claim. There are three key factors you need to look at to be sure that this is the case. These are as follows:

  • Were you owed a duty of care,
  • Was there a breach in the duty of care,
  • Did the breach in the duty of care cause the harm?

If you are to make a claim, you need to show that your employer is at fault through negligence or error. We also strongly advise seeing a medical expert to have your injuries looked at and documented. Also with most personal injury cases that happen in the UK the time limitation is three years from the accident or diagnosis. There are exceptions of course call our specialists to find out what time limit your case would fit into.

One of the most crucial things you need to do is make sure you inform your safety representative and/or employer about the accident you were involved in. This is because they will need to record it in their accident book – something they are required to have by law.

You could also make an effort to gather evidence to strengthen your case. There are several things you could do. You would need to keep proof of any costs incurred because of your injuries, as you could possible claim for these. In addition to this, try to get the contact details of anyone that witnessed the incident and take photographs of your injuries if applicable.

Accidents And Injuries Which Could Potentially Happen Within The Workplace

In the upcoming section, we are going to take a look at examples of reasons why an accident may occur within a workplace. If you cannot find your particular accident, don’t panic, as these are merely a handful of examples.

How Are Repetitive Strain Or Motion Injuries Caused?

Below we discuss an injury that could be caused in a workplace environment by continually doing the same task over again; repetitive strain injury.

What is repetitive strain injury?

There is only one place to begin and this is by determining what repetitive strain injury is. You will often see this phrase shortened to RSI. It relates to the build up of damage to the tendons, muscle and nerves often caused by doing the same task over again.

Who could suffer from repetitive strain injury?

There are many different types of workers that could be impacted by this type of injury. Individuals that sit at a desk and work on a computer all day are some of the most common sufferers. Other workers that could suffer from repetitive strain injury include those that use vibrating tools repeatedly, operate machinery, work out doors in cold temperatures, and are involved in heavy manual lifting as part of their daily tasks.

How do you know if you have a claim for RSI?

In order to possibly make a claim for a repetitive strain injury it must proven that through negligence your employer is responsible for your condition or it worsening, maybe they never risk assessed your work station, or informed you of the risks of the job tasks, maybe they never allowed you to take breaks when necessary or asked you to carry out the task of manual lifting without the required training. If you had your work station assessed as you were suffering with RSI but they failed to implement the recommended changes and your condition continued or got worse you may just have the basis for an RSI workplace claim.

What is the time limit for this type of claim?

The time limit for all personal injury cases is usually three years. This tends to be three years from the date of the incident. However, with repetitive strain injury, it is usually impossible to pinpoint a date of the injury occurring, as it happens over time. Therefore, you have three years for this sort of injury at work from the date of your diagnosis instead.

Slips And Falls On The Same Level Or From A Height

Here at Legal Expert, we have an abundance of experience in workplace accident claims, and we have worked with a lot of people who have been injured while working from a height or because of a slip or trip.

Accidents that could come under the category ”falling from a height” may include the following;

  • Falling down steps
  • Falling through a roof
  • Falling down a flight of stairs
  • Falling from scaffolding
  • Falling from a ladder

Such accidents could take place in a number of work environments, from offices and construction sites to factories and warehouses. However, when it comes to making a claim, the main aspect is establishing responsibility, if it can be proven that through negligence your employer is at fault for your injuries caused in the workplace you may have a valid case for damages.

Work at Height Regulations 2005

All employers are required by law to provide their employees with a safe and healthy working environment. However, there are further regulations in place for incidents whereby employees would be working from a height. This is the Work at Height Regulations 2005.

These regulations state that those working from a height must be trained, appropriate safety and work equipment must be used, equipment must be regularly inspected, risks must be managed, and working from a height must be avoided whenever possible, amongst other requirements. If your employer has failed to adhere to these regulations, please call Legal Expert today to have your case assessed.

What Are Musculoskeletal Injuries And Manual Handling Accidents?

Manual handling injuries may be caused when an employee who is not trained in lifting, carry, pulling or pushing is asked to take part in such tasks and it caused an injury has he/she has not been trained correctly in how to carry out such procedures in a safe manner. The injuries that may be sustained may be musculoskeletal injuries for example a lower back injury. There are many different steps that employers should be taking in order to reduce the risk of a manual handling accident. For example, they could alter the frequency of carry and load weight, or they could eliminate the manual lifting in the task altogether. If you have experienced a manual handling injury while working at Jaguar Land Rover please call our team today to establish if you have a workplace accident case.

I Was Struck By A Moving Or Falling Object Can I Claim Compensation?

People working in a factory or car plant setting could be struck by a moving or falling object, such as a piece of equipment if all risk assessments are not carried out, machinery is not checked for defects or malfunctions, if those working in hazardous areas are not trained on the potential risks. Being injured due to a moving object is the cause of more than 10 per cent of all major injuries that are reported to HSE. Employers must make an effort to minimise this risk. This includes giving careful consideration to the movement of goods, as well as methods of handling and stacking.

What Are Machinery Related Accidents And Injuries?

Have you been hurt as the result of an accident involving heavy machinery in the workplace? All employers have a legal responsibility to ensure they provide employees with a safe and healthy working environment. Keeping employees safe within the workplace is a legal duty, at no time should employees be put at unnecessary risk. Machinery related injuries could occur if a piece of machinery has defects, if it has not been maintained and serviced at it should be, if the machinery is old and not fit for purpose, if the correct instructions are not followed or have not been given, or if the employee has not been trained how to use the machinery correctly.

When making a claim for negligent accidents involving machinery specifically, you can refer to the Provision and Use of Work Equipment Regulations 1998, commonly shortened to PUWER. These regulations state your employer’s responsibility, including keeping machinery in a safe condition, ensuring everything is regularly inspected, making sure machines have the correct warning markings on them and so on and so forth. If you find that your employer has not abided by the laws of PUWER, you may potentially have the basis for a Jaguar Land Rover personal injury claim.

Workplace Vehicle Accidents

Working within the car industry may mean that from time to time you may be responsible for moving vehicles, may be loading them on to transport trucks, taking people for test drives, storing them in the show room and so on and so forth. If an accident happens when moving a vehicle or if you have been hit by a moving vehicle on your work premises, if it can be proven to be the responsibility of your employer or another employee through negligence or error we would like to hear from you, we can assess your case with no obligation at all.

Jaguar Land Rovers’ Duty Of Care

Jaguar Land Rover has a duty of care to all employees, no matter in what capacity they work for the company. It is up to the company to put a Jaguar Land Rover health and safety policy in place, such rules and regulations regarding health and safety must be adhered to in order to provide a safe working environment. All potential tasks that need to be carried out by employees must be risk assessed and any hazards must be identified. Those who may be at any risk should be notified and provided with protective safety wear.

Personal Injury Calculator

Before making a personal injury claim for an accident at work you may be wondering how much you may receive in terms of damages. In the table below, we have presented details for the guideline payouts relating to injuries. This is an alternative to a personal injury claims calculator.

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Accident Type Amounts Injury Information
Moderately Severe Psychiatric Injury £16,720 to £48,080 Significant issues with a person being able to cope with life, work and education, possible future issues. Cases of work related stress that results in long term or permanent disability preventing a return to work.
Less Severe Psychiatric Injury £1,350 to £5,130 The length of the disability is key here and how much daily life and sleep is disturbed. Cases falling specifically short of a diagnosis.
Moderate PTSD £7,170 to £20,290 The brackets include a person who will largely recover from Post Traumatic Stress Disorder and any lasting effects will not be particularly disabling.
Less Severe PTSD £3,460 to £7,170 Only minor symptoms persist and a full recovery will be made in one to two years.
Minor Neck Injuries Up to £2,150 All symptoms will recover within three months.
Minor Back Injury £6,920 to £10,970 A full recovery or a recover with nuisance symptoms without surgery will take place in two to five years.
Less Severe Arm Injury. £16,830 to £34,340 A significant degree of disability is present but a large amount of recovery is achievable.
Work-Related Upper Limb Disorders £7,580 to £9,430 Injuries such as carpal tunnel, constriction with the nerves in the wrist and issues with surrounding tissue that makes a full recovery within three years.
Minor Hip Issues Up to £3,460 Minor soft tissue injuries with a full recovery expected.
Leg Fractures Up to £10,380 Simple fractures to the tibia and fibula or possibly soft tissue injuries.
Moderate Achilles Tendon Injury £11,040 to £18,480 Partial rupture or significant damage to the tendon. The different levels will be awarded in regards to disability, length of injury, function and ongoing pain.

What Can I Claim If Injured In The Automotive Industry?

Here at Legal Expert we have handle many cases of accidents at work every day, our specialists have the knowledge that has been collected over 30 years of being within the personal injury industry to be able to provide a successful outcome. We have experts that deal with different types of personal injury,

Compensation is designed to help with your recovery. It is calculated based on the severity of your injuries and the impact they are going to have on your day-to-day life. This is why it is so advisable to see a doctor if you have been involved in an accident because they will provide a report that documents the true extent of your injuries.

You may also receive a payout for any costs that you have had to fund yourself because of the incident you were involved in. This could be anything from loss of earnings due to missing work, to paying for your prescriptions, to childcare that has been necessary while you recover. You would likely need to have proof of such expenses, so make sure you don’t put your receipts in the bin.

No Win No Fee Personal Injury Claims Against Jaguar Land Rover

Here at Legal Expert, we have plenty of experience when it comes workplace accident claims. The only thing you need to do is give us a call and we could handle the rest for you. We understand that you are probably going through a distressing and worrying period as it is, and we would not add to this. In fact, we aim to secure compensation over the phone whenever possible.

One reason so many people choose our service is that all of our personal injury solicitors work to a no win no fee agreement. This basically comes down to the fact that you would only be required to pay our legal fees if your solicitor manages to successfully secure a compensation payment for you. Not only does this minimise financial risk, but it offers many other benefits as well. For instance, you can be confident of a much better service, and this is due to the fact that the personal injury lawyer’s pay working on your case may be impacted by the outcome.

Contact Legal Expert Today

If you are ready to go ahead and claim, all you need to do is give us a call on 0800 073 8804. You will then speak to a friendly and experienced advisor from our team. Alternatively, you can use our live chat feature, or fill in your details and we will call you back about your personal injury claim.

Additional Resources

Edited By Melissa.

Malta Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Malta? – How Long Do I Have To Claim Compensation?

Malta is an Island in the Mediterranean Ocean close to North Africa.  It is popular with British tourists because English is spoken widely due to previous British rule of the Island.  If you’re involved in an accident while on the Island, then it’s important to understand the Malta holiday accident claim time limits.

Legal Expert can help with a claim for an injury in Malta, if it was caused by somebody else.  To begin a claim today, please call 0800 073 8804 and speak to a member of our team.

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A Guide To Compensation Claim Time Limits In Malta

Personal injury time limits Malta

Personal injury time limits Malta

Malta was ruled by Britain until 1964 when it gained independence from the UK.  Based between Southern Italy and North Africa, it offers tourists a warm climate all through the year.  There are many tourist attractions on offer and three UNESCO world heritage sites.

As in the UK, personal injury claim time limits in Malta have been written into law.  This means that you must lodge a claim in time or risk losing the right to claim compensation.

This guide will provide information about the limitation period in Malta and offer advice about the level of compensation that might be awarded.  We’ll also cover the difference between UK and Maltese law.

If, after reading this guide, you still have questions about claiming, please contact our team for free legal advice.  We’ll provide information about what steps you need to take next.

Malta Time Bars And Limitation Periods – How Long Do I Have To Claim?

As discussed earlier in this guide, there is a Malta personal injury claim time limit.  This is the same in other countries around the world and has to be adhered to.  If you claim too late, you won’t receive any compensation.

The table below shows the different scenarios discussed in this guide and the relevant holiday accident claim time limit:

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Type of Holiday / Claim Time Limit
Accident or illness that happened while on a package holiday booked through UK tour operator. 3 years may very
Accident on a holiday that was booked privately Contact us for more information as this may very.
Injury suffered on a flight to Malta International Airport montreal convention law (booked privately) 2 years may very

Our advice is to contact Legal Expert as soon as possible following your return to the UK.  This will give us time to make a thorough claim with the correct evidence.  It will also ensure the limitation period in Malta isn’t exceeded.

What Accidents Could Happen On Holiday In Malta

There are a number of different types of accident which lead to personal injury claims.  Some are more common than others.  In this section we’ll list some of the more common accidents that could happen.

Types of Accidents

Balcony Falls:  A fall from a balcony can be fatal or cause serious injury.  If it was caused because the rail was damaged, missing or unsuitable, you may be able to make a claim for any injuries.

Slips Trips and Falls

You might be able to claim compensation following a fall.  This would be the case if somebody else was liable.  For instance, if a handrail on stairs in your hotel was damaged, causing you to fall, you may be able to claim against them.

Road Traffic Accidents

If you’re a pedestrian, cyclist, passenger or driver involved in a road traffic accident, you could be entitled to compensation.  Injuries including whiplash could be claimed for. If another driver was to blame for the accident, please contact Legal Expert when you return to the UK.

Allergic Reactions

Food labelling regulations mean that food packaging should clearly highlight any allergen it contains.  This is the same for menus in restaurants. If you suffer a food allergy, let us know how it happened.  We’ll let you know if you have a chance of compensation or not.

Food Poisoning

If you contract food poisoning through eating contaminated food, or by contact with another sufferer, we may be able to help you claim.  Viruses that are commonly contracted include e-coli, norovirus and salmonella.  We can help with claims for any of these as well as other food poisoning conditions.

Excursion Accidents

When you go on an excursion or sport-related activity while on holiday, it should be supervised and properly organised.  If the operator acts negligently (not supervising, not providing training or not providing safety equipment), you could claim for any injuries.

This is just a sample of accidents that could happen.  We can help with any injury in Malta, so long as somebody else was to blame.  If you need to clarify your chances of claiming, please speak with one of our specialists.  There’s no obligation to proceed but we’ll happily provide free legal advice.

How We Could Conduct A Claim For An Accident In Malta

As you’ll see in the coming sections, there are a number of differences between UK and Maltese laws.  Malta holiday compensation for holidays that were booked directly will be made under Maltese laws.  Package holidays booked in the UK are made under British law.

It can be quite complex in either situation, but Legal Expert can help with either.  If you’re unsure about what type of claim you need to make, please contact us.  We’ll assess the claim, work out who’s liable and help you decide what action to take next.

Duty Of Care For Your Injuries

In most cases, when you’re in a public place in Malta, the operator or owner will owe you a duty of care.  This might be in a hotel, bar, restaurant, shopping centre, gym or any other public place.

The duty of care means that you should remain safe while using the facility.  If the owner, or their staff, act negligently then they could have breached their duty of care.  If this is the case, then you might be able to claim compensation against them.

But if you booked the holiday yourself, then your claim will probably be against the business owner, under Maltese law.

If you booked through a package holiday provider, then your claim could be against the tour operator under British law.  This is because the package holiday provider owes you a duty of care for any part of your holiday that they contract out to others.  This includes hotels, flights, transport or excursions.

How Damages Are Estimated In Maltese Law

Under Maltese law, you are not allowed to make any profit from any compensation claim.  Their system revolves around the fact that compensation should put the claimant back in the same position as they would’ve been prior to the accident.

Under UK laws, claimants can be awarded a sum of compensation for pain and suffering.  Until very recently, this wasn’t possible in Malta.  The compensation concentrated mainly on financial losses.  Pain and suffering still isn’t paid in all case in Malta.

To prevent a profit being derived from compensation, the courts in Malta used to dock 20% of anything they awarded.  It had been argued that by giving a large lump sum payment, which would’ve taken many years to save, the claimant could invest it and therefore make a profit from their compensation.  This is illegal so the deduction was made to prevent it happening.  In recent years, because interest rates are so low now (meaning making a profit would be difficult), a judge an use their discretion and reduce the 20% or remove it altogether.

Maltese Holiday Accidents – Personal Injury Claims Calculator

If you’re looking for a personal injury claims calculator, you’ll find the table below helpful.  It contains a list of injuries and how much compensation can be awarded.

As you’ll see, each injury type has a range of compensation amounts.  Your solicitor will use medical records or specialists to demonstrate the exact severity of your injury.  This should ensure the correct level of compensation is awarded.

Edit
Body Part / Illness Severity Range of Compensation Information
Finger Minor Up to £4,160 The possible injuries in this compensation range include nails being torn off or soft tissue damage
Finger Serious £13,080 to £14,330 The possible injuries in this compensation range include stiffness and loss of mobility
Finger Loss £3,150 to £21,910 The possible injuries in this compensation range include partial amputation of a single finger and on to amputation of multiple fingers
Hand Minor £800 to £3,810 The possible injuries in this compensation range include cuts, abrasions, soft-tissue damage and minor lacerations
Hand Moderate £5,110 to £11,640 The possible injuries in this compensation range include deep lacerations requiring surgery
Hand Less Serious £12,670 to £25,430 The possible injuries in this compensation range include a crushed hand
Hand Serious £25,430 to £54,280 The possible injuries in this compensation range include injuries which result in 50% loss of use
Hand Loss £84,310 to £96,150 Either the amputation of both hands or complete loss of fuctionality
Hand Loss (both) £123,310 to £176,660 Either the amputation of the hand or complete loss of fuctionality
Wrist Minor £3,090 to £4,160 The possible injuries in this compensation range include dislocations, soft tissue damage and injuries that heal quickly
Wrist Less Serious £11,040 to £21,480 The possible injuries in this compensation range include sprains, strains and simple fractures (causing immobility while healing)
Wrist Severe £41,760 to £52,490 Permanent loss of mobility of the wrist.
Arm Severe £34,340 to £48,080 The possible injuries in this compensation range include injuries that do heal eventually but cause loss of use until healing has completed.
Arm (fractures) Simple £5,810 to £16,830 The possible injuries in this compensation range include forearm fractures
Arm (fractures) Less Severe £16,830 to £34,340 The possible injuries in this compensation range include upper arm fractures
Arm (fractures) Serious £34,340 to £52,490 The possible injuries in this compensation range include multiple fractures causing loss of use while healing
Arm (fractures) Severe £84,310 to £114,810 The possible injuries in this compensation range include multiple fractures leaving permanent reduced function
Arm amputation Below elbow £84,310 to £96,150 Amputation of the lower arm
Arm amputation Full Not less than £120,270 Amputation of the complete arm
Arm amputation Both £211,150 to £263,060 Amputation of both arms
Toe Severe £12,050 to £18,480 The possible injuries in this compensation range include the amputation of one or multiple toes
Toe Loss In the region of £27,450 The complete loss of a single big toe
Toe Loss (both) £32,020 to £49,180 Amputation of all toes
Foot Minor Up to £12,050 The possible injuries in this compensation range include sprains, strains, simple fractures, soft tissue damage and lacerations, which will heal quickly.
Foot Moderate £12,050 to £21,910 The possible injuries in this compensation range include serious fractures which will leave the foot immobile while healing
Foot Very Severe £73,620 to £96,150 The possible injuries in this compensation range include where a permanent disability is caused
Foot Loss £73,620 to £96,150 The loss of a foot through amputation
Foot Loss (both) £148,540 to £176,660 The loss of both fee through amputation
Leg Minor Up to £10,380 The possible injuries in this compensation range include sprains, soft tissue damage and very minor fractures.
Leg Moderate £24,340 to £34,370 The possible injuries in this compensation range include disclocations, serious tendon damage and fractures
Leg Serious £34,370 to £48,080 The possible injuries in this compensation range include multiple fractures that cause long term mobility problems
Leg Very Serious £48,080 to £74,150 The possible injuries in this compensation range include Injuries that even when they’re healed will cause issue with the claimants mobility.
Leg amputation Below knee £85,910 to £116,620 Amputation of a single leg below the knee.
Leg amputation Above knee £91,910 to £120,530 Amputation of a single leg above the knee.
Leg amputation Both £211,150 to £247,280 The complete amputation of both legs.
Neck Severe £39,870 to £130,060 The possible injuries in this compensation range include life-changing injuries with permanent pain or restricted movement
Back Minor Up to £10,970 The possible injuries in this compensation range include lacerations, sprains, soft tissue damage and bruising which will heal quickly with no ongoing issues
Back Severe £34,000 to £141,150 The possible injuries in this compensation range include life-changing injuries such as a broken back
Food poisoning Minor Up to £3,460 Short term food poisoning symptoms
Food poisoning Moderate Up to £8,360 Medium term food poisoning symptoms
Food poisoning Moderate to severe Up to £16,830 Medium to long term food poisoning symptoms
Food poisoning Severe Up to £46,040 Long term food poisoning symptoms

If you can’t see your injury listed, or have any queries, please contact a member of our team who’ll be able to give a more accurate calculation following an assessment of your injuries.

Examples Of What You Could Be Compensated For After A Holiday Accident

In this section, we’ll explain the different parts of a compensation claim.  There are a number of elements a solicitor can use following a Malta holiday accident to ensure their client is compensated fully.

As we’ve discussed previously, under Maltese law, some of these elements might not be included.  If you’re claiming against a UK package holiday company, all of them might be available to you.

The different parts of a claim are:

General Damages

This is the compensation awarded for any pain and suffering caused to the claimant by their injuries.  Each injury type has a pre-defined range of compensation associated with it.  A solicitor will need to provide evidence of how severe their clients injuries were to ensure the compensation level is correct.

Travel Costs

You may incur additional travel costs following your accident.  This might be having to change your return flight ticket because you’re unfit to travel.  Or it could be because you make multiple trips to the doctor when you return to the UK.  In these cases, you might be able to claim the costs back.

Damage to Personal Property

At the time your accident happened, if any item of personal property was damaged, you could be entitled to claim the cost or repairing or replacing the item.  This might include damage to your mobile phone, clothing or jewellery.

Loss of Earnings

If you lose any salary because of your injuries, you might be allowed to include these in your compensation claim.  This could be if you take time off to visit the doctor.  In more serious cases, you might claim for future loss of earnings if you have to stop working altogether or change jobs because your injuries prevented you from continuing in your current role.

Medical Fees

Following your accident, if you’re out of pocket because you’ve paid for medical services, prescriptions or over the counter medicines, you could be entitled to claim these costs back.   You should check with your solicitor prior to agreeing to any expenses.

With any of the financial losses listed above, try to keep receipts as evidence.  You’ll need to explain how they were linked to your accident.

No Win No Fee Travel And Tourism Holiday Accident Claims

We understand, after listening to feedback from clients, that beginning personal injury claims can be a worrying time.  For most, the main concern is the amount a claim is going to cost. This is why Legal Expert work on a no win no fee basis for all claims we take on.

To show how this is a benefit, we’ve compared two types of legal agreements below:

  1. No Win No Fee Solicitors
    A personal injury solicitor who offers no win no fee agreements takes on a risk that they may not get paid for their work. This is because the agreement states that if the solicitor doesn’t win compensation, the client doesn’t have to pay them for their services.The solicitor does get paid though if they win compensation.  The payment is known as a success fee.  It is a percentage of any compensation won (a maximum of 25%).  Once compensation is awarded, the solicitor retains their success fee and the balance is sent to the client directly.
  2. Solicitors who charge and hourly fee or fixed price
    When using this type of personal injury lawyer, you’ll be quoted an hourly rate or a fixed price for their service. You’ll probably have to pay this up front or in instalments.If your case is lost, you won’t receive any money back.  This means you might have to pay out but not receive any compensation.   The main benefit of this method however is, if the case is won, you’ll keep 100% of any award. 

We believe the risk of not winning compensation but still having to pay for a solicitor is too big a risk for many clients.  This is why we only work on a no win no fee basis – for all cases we take on.

How Our Team Could Help Victims Of Overseas Accidents

Whether you’ve been involved in a road traffic accident, suffered from a food allergy or any other type of accident in Malta, our experts could help you claim compensation.

Our team are committed to helping clients getting the right amount of compensation for their injuries.  We are friendly, professional and able to help with claims wherever you’re based in the UK.

We have teams of medical professionals all over the country to ensure that, if you require a medical assessment, you won’t have to travel far.

How To Contact A Holiday Injury Claim Solicitor

Hopefully, now that you’ve read the whole of this guide, you want to begin a claim with Legal Expert.  If that’s the case, you can start your claim by:

  • Calling us free on 0800 073 8804. One of our specialists will take details of your claim straight away.
  • Send us an email with details of your accident. Our email address is [email protected]
  • Use the live chat feature on this website. Our advisors can help you 7 days a week.
  • Or you could fill in this online form to begin your claim.

We’ll begin by offering you a free consultation where we’ll listen to details about your accident.  You can explain what happened and the injuries you sustained.  You can also ask any questions you may have.

If you’re happy to proceed, and we believe you have a good chance of being awarded compensation, we’ll prepare a no win no fee agreement for you and then start your claim.

Related Guides And Contacts

Thanks for taking the time to read this guide about the current Malta holiday accident claim time limits.

For further information, we’ve linked to some more relevant and useful guides:

Malta Car Accident Claims Guide – A guide about claiming compensation following a car crash in Malta.

Package Holiday Accident Compensation – This guide explains in more detail how package holiday tourists are protected by UK legislation.

Slip, Trips and Falls Claims Guide – Information about the types of injuries sustained in a slip, trip or fall and how much compensation can be awarded.

The British High Commission in Malta – Details of the British Embassy who can support tourists in emergency situations.

Malta Travel Advice – UK government advice on travelling to Malta.

If you require any further information, please call our personal injury claim team today.

Menorca Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Menorca? – How Long Do I Have To Claim Compensation?

Menorca is one of Spain’s Balearic Islands offering turquoise waters, lengthy sandy beaches and a chance to have a relaxing holiday. The island is popular with tourists who can stay in one of its many hotels. The holiday Island is very popular with British tourists as it is a mere couple of hours away.

In this guide we are going to examine the time limits those have for claiming compensation if they have been injured in an accident in Menorca. If you do not start your personal injury case within the specific time limits your case may become statute barred. Please note that time limits will vary greatly depending on how your holiday was booked, where the negligent accident happened which lead to your injury or illness and what type of accident it was

Legal Expert specialise in personal injury claims, including holiday accident claims and flight accident claims. If you’d like to begin a claim today, using our no win no fee service, please call 0800 073 8804 so that we can assess your claim.

Alternatively, if you want to know more prior to claiming, please carry on reading this useful guide.

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A Guide To Limitation Periods For A Holiday Accident In Menorca

Personal injury time limits Menorca

Personal injury time limits Menorca

Menorca is the 3rd most populated of the Balearic Islands.  It has palm tree lined beaches, beautifully clear waters and many opportunities to keep sightseeing tourists happy.  If you have suffered a holiday accident while visiting Menorca that was not your fault but the fault of a third party, you may be considering making a compensation claim. If you are unsure whether your claim will be made under Spanish Law or UK Law call Legal Expert who can clarify your situation.

This guide will try to explain what types of accidents could occur and who may be eligible for holiday accident compensation. It will also cover the amounts of compensation you might receive, what you’re allowed to claim for and how our no win no fee service works.

Whether you will be making your claim against a UK package tour operator or a private company call Legal Expert and use the free consultation to have your case assessed.

Once you’ve read this guide, if you require any further advice, please contact us. Our team are willing to offer free legal advice if you’re considering a claim.

Limitation Period For Holiday Accident Claims In Menorca

The purpose of this guide is to explain what the limitation period for holiday accident claims in Menorca is. The table below shows the current time bars for personal injury claims in Spain and time limit for accidents that happened on a package holiday book in the UK:

Edit
Claim Type Time Limit
Illness or injury suffered on an element of a package holiday booked in the UK by a UK tour operator. 3 years may very
Illness or injury suffered on a privately booked holiday 1 year (may vary)
Injury suffered on a flight to Menorca airport that was privately booked. 2 years (may vary)

Because of these time limits, we recommend you contact us a soon as possible following your return to the UK.  This ensures we have enough time to build a claim.  It also allows time to gather any supporting evidence that is required.

What Is An Accident On Holiday In Menorca?

If you’ve been involved in an accident on holiday, before worrying about the time limits for legal cases in Spain, you need to know whether you have a valid claim or not.

An accident on holiday could be anything that may cause you an injury or illness. However not all incidents will be eligible for compensation as not all accidents happen due to negligence.

When considering cases, UK personal injury lawyers need to know if all of the following questions are true:

  1. Did the defendant owe you a duty of care?
  2. Then, did they breach that duty of care in some way?
  3. Finally, was it the breach of care that caused your accident to happen which resulted in an injury or illness.

If you can answer yes to all of these questions, you could be eligible to make a compensation claim.  If you call one of our team, we’ll offer a free consultation where we’ll let you know if you’ve got a strong case or not.

Examples of injuries and illness which could be sustained on holiday;

  • Allergic reactions
  • Food poisoning
  • Head injuries
  • Back injuries
  • Broken bones
  • Soft tissue damage and bruising
  • Scalds and burns
  • Electric shock
  • Illnesses contracted from water

Examples of accidents that could happen while on holiday;

  • Road Traffic Accidents: If you are involved in a road traffic accident in Menorca, which wasn’t your fault, and you are injured you may be able to make a claim for such injuries.
  • Slips and Falls: If you fall in your hotel, at the airport, in a shop, restaurant, pub or any other public place, due negligence which caused an avoidable injury we may be able to help you make a claim. Examples are where floors are slippery or wet, but no warning signs were used to let you know of the risk causing you to fall and injure yourself.
  • Food Poisoning: Food poisoning could be contracted in a couple of ways. Either by eating food which wasn’t cooked, prepared or stored correctly or by contact with another person who has already become ill.  Common food poisoning viruses include norovirus, salmonella an e-coli. You should seek medical attention at the first opportunity.
  • Excursion / Activity Injuries: When you participate in an activity, the operator has a duty of care to ensure everybody is safe.  This means they should supervise at all times, provide training and safety equipment and assess whether it’s safe to continue in adverse weather conditions. Excursions accidents causing injury could happen if there is a breach in the duty of care.
  • Allergic Reactions: It’s important, for allergy sufferers, that food labelling and menus highlight whether food contains certain allergens. If you suffer a reaction because the allergen wasn’t highlighted, keep the packaging or photograph the menu and contact our team for advice on what you should do next.
  • Balcony Injuries: Some hotels offer balcony views of the Mediterranean. If the balcony railing is loose, damaged or too low and causes a fall, the consequences could be fatal. If you or a loved one has suffered injuries due to a damaged balcony, contact us to see if you are eligible for damages.

If you are unsure whether the accident you were involved in which resulted in an injury or illness was due to the negligence of someone else call Legal Expert they can advise what rights you may have.

How Are Claims For Accidents On Holiday In Spain Conducted?

Depending on how you booked your holiday or where the negligent accident happened may determine if your claim is pursued under Spanish or UK law.

In Spain they may use a system called The Good Father Of A Family Test to determine if an accident is a negligent accident. It looks at whether enough was done to prevent the incident from occurring, if procedures and processes were followed accordingly to prevent risk of damage.

The big difference between UK and Spanish claims is that, in Spain, a points-based system is used to calculate the amount of compensation awarded. This is known as the Baremo system.

Accidents that happen while on holiday can be complex when it comes to understanding which law applies, and we recommend you use a specialist who has experience both with Baremo system, and calculating compensation amounts within UK law.

Duty Of Care And Spanish Law

In order to pursue a claim for compensation under Spanish law Article 1902 of the Spanish Civil Code must be referenced. It must be shown that there has been a breach in the duty of care. If harm is caused to another through deed or omission, caused by error or negligence then what ever harm is caused must be put right.

The definition under Spanish law is; “Act or omission, damage or loss, illegality, fault or
negligence of the agent and the relation of causality between the damage and fault “. 

How The Spanish Baremo Quantifies Losses

As mentioned earlier, the Spanish courts, lawyers and insurers use a points system to determine compensation amounts.   The Baremo system was recently updated to include higher compensation amounts for deaths and personal injuries.

Initially, Baremo was designed to deal exclusively with road traffic accidents but it is used in most other injury claims. The system which is legally binding was reformed and the new system came in to play 1st January 2016. The amendments weren’t merely an update but a reform fo the 1995 system.

The following areas are given points;

  • The age of the claimant.
  • How many days they spent in hospital.
  • The total number of days taken to recover (at home, not in hospital).
  • The claimant’s income.
  • And the actual injury that was sustained in the accident.

Once all of the points have been assessed, the total is multiplied by an amount in Euros, to reach the final compensation figure.

Accident On Holiday Personal Injury Claims Calculator

When deciding whether to make a claim or not, you might want to try and calculate how much compensation you might receive.  When claiming under UK law, against a package holiday provider for instance, there are some pre-determined compensation amounts available.

The table below shows some compensation amounts offered for different types of injury under UK law:

Edit
Type Of Injury Compensation Amount Injury Information
Moderate Neck Injury £6,920 to £33,750 Brackets will start with moderate soft tissue injuries, possibly accelerate a pre-existing condition, wrenching-type injury and disc lesion of the more severe, serious limitation of movement and persistent reoccurring pain to fractures and dislocation of the neck, vulnerability to further trauma and limitation of activities.
Moderate Back Injury £10,970 to £34,000 Brackets start from disturbance of ligaments and muscles giving rise to backache, soft tissue injuries to compression/crush fracture of the lumbar vertebrae where there is a substantial risk of osteoarthritis. The amount will depend largely on the severity of the original injury, the degree of pain experienced, the extent of any treatment required in the past or in the future.
Less Severe Arm Injury £16,830 to £34,340 Significant disability but a substantial degree of recovery will occur.
Very Minor Wrist Injury £3,090 to £4,160 Displaced fractures or soft tissue injuries. Recovery estimated 1 year.
Minor Pelvis Injury Up to £3,460 Soft tissue injuries. Full recovery will be made.
Moderate to Very Serious Leg Injury £34,370 to £74,150 Brackets will begin with multiple fractures and severe crushing injuries, imperfect union of fractures muscle wasting, serious compound or comminuted fractures, ligament damage resulting instability to permanent disability, severe multiple fractures which may take years to heal.
Moderate Knee Injuries Up to £12.050 to £22,960 Twisting, bruising of the knee, dislocation, torn cartilage or meniscus which results in minor instability. The position in the brackets will take note of the seriousness and prolonged pain caused to the knee joint.
Modest Injury Up to £12,050 Sprains, ligament damage and undisplaced fractures.
Minor Injuries £1,200 to £2,150 Complete recovery within 3 months.
Food Poisoning £800 to £8,360 Cramping, stomach pain, diarrhoea, alteration of bowel function and fatigue. Possible hospitalisation.
Trivial Scarring Up to £3,090 Minor scarring.

These figures are just one part of a claim.  The following section will explain other parts of a claim that may be included.

Categories And Types Of Damages You Could Claim For

Menorca Holiday accident compensation claims could be built up from a number of different elements if claiming under UK law.  These, legally, are known as Heads of Loss.  The losses a personal injury solicitor might include in your claim include:

General Damages

This compensation is awarded to cover the pain and suffering caused by your injuries.

Medical Costs

It’s possible, following an accident in Menorca, that you’ll end up out of pocket because of medical expenses.  It is sometimes possible to claim these back and could be included in the claim.  This could include prescription costs or over the counter medicines when you return to the UK.

Travel Costs

If your travel plans have to be adjusted because of your accident, you might be able to claim any expenses back.   Also, when you’re back home, you might have to travel to and from medical appointments.  It’s sometimes possible to include these costs in your claim as well.

Damage to Personal Property

When an accident occurs personal property could sometimes become damaged.  This might include ripped clothes, a smashed mobile phone screen or damaged jewellery.  The cost of repairing or replacing these items might be included in your final claim.

Lost Income

When you return to the UK, if you require time off from work because of your injuries, it may be possible to claim back any lost income.

With any financial losses, as described above, you should try and provide your accident lawyer with receipts that prove the expense and explain why they were necessary.

No Win No Fee Claims For Holiday Accidents In Menorca

You’ve probably heard of no win no fee claims before, and we’ve mentioned them in this guide – but how do they work?

When you employ a solicitor for a personal injury claim, there are 2 choices:

  • Use a no win no fee solicitor: This means you’ll sign an agreement which says that, if the solicitor fails to win you any compensation, you don’t have to pay them for their time or service provided. If they do win compensation, the agreement states that they will retain a portion of your compensation.  This is known as a success fee and, legally, it’s limited to 25% of your compensation.  Once they’ve taken their fee from your compensation, the rest is sent directly to you.
  • Pay a solicitor for their time: This means you’ll either agree to pay an hourly rate or an agreed fee for the solicitor’s service.  If they fail to win compensation, you won’t receive any of your money back (as you’ll usually pay up front for this type of solicitor). If the solicitor wins your case, you’ll keep 100% of any compensation awarded as you’ll already have paid for the solicitor’s fees.

How An Overseas Accident Claim Solicitor Can Help You

The team of solicitors and specialist advisors at Legal Expert have years of experience making holiday accident claims.  They are committed to helping every client we take on.  They have the knowledge and expertise to know straight away if a case is likely to succeed. They will be honest if they do not think you have a valid case and they won’t waste your time. All our advisors are available to speak with you if you have any questions and we offer a free consultation with no obligation. 

Contact Our Team Of Specialist Solicitors

Now you’ve completed this guide, we hope you’re happy to begin your claim with Legal Expert today.  We offer no win no fee services for all claims we take on.  To contact our team you can:

  • Call us free today on 0800 073 8804 and you’ll get straight through to a specialist advisor.
  • Use the live chat feature, 7 days a week, from any page on this website.
  • Send us an email to [email protected]. We’ll contact you at a convenient time.
  • Send details of your claim using this online form.

Our team of personal injury specialists will offer you a free consultation when you contact us.  There’s no obligation to proceed and you can ask as many questions as you need.

Then, we’ll assess the details of your accident and your injuries.  If we believe somebody else was to blame, and you have a good chance of winning compensation, we’ll offer a no win no fee agreement.

Once you’re happy, we’ll start the ball rolling with your claim.

Related Articles And Where To Get Help

Thanks for taking the time to read this article about Menorca holiday accident claims time limits.  For further guidance, we’ve linked to some more useful articles below:

Holiday Accident Claims in Menorca – a detailed look at types of claims and compensation amounts that can be offered.

Menorca Car Accident Claims – This guide provides specific information about what to do in the event of a road traffic accident.

Package Holiday Claims – Our guide about the legislation that supports British tourists who’ve booked a package holiday.

If there is anything else you need to know, please feel free to contact an advisor today.

Edited By Melissa.

Portugal Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Portugal? – How Long Do I Have To Claim Compensation?

If you have been injured while on holiday in Portugal, you might be thinking about making a claim for compensation. Here at Legal Expert, we have helped many people over the years to make claims, including those who have been injured while on holiday. One thing that we have realised is that a lot of people do not realise that there is a time limit on personal injury cases. The last thing we want is for you to miss out on the compensation that you would have been entitled to because you have left it too late.

In this guide, we are going to take a look at the Portugal holiday accident claim time limit in particular. If you have been injured while on holiday while in Portugal, whether this was in a road traffic accident, hotel accident, or something different, all you need to do is give us a call and we could handle everything for you. You can reach us on 0800 073 8804. However, before you do this, please make sure you continue reading to find out everything you need to know regarding these sorts of claims, especially the Portugal holiday accident claim time limit.

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A Guide Time Limits To Claim If Injured On Holiday In Portugal

Personal injury time limits Portugal

Personal injury time limits Portugal

As Portugal is only a short plane journey from the UK, it is not surprising that it is such a common holiday choice. It is cheap to get to, and it offers beautiful beaches, nice weather, and lots of great attractions. Because of this, the tourism sector serves millions of people, both domestic and international tourists. The most recent statistics available are for 2017, whereby there were 23 million visitors. The most popular destinations for tourists are the Algarve, the Portuguese Riviera, Fatima, Porto, and Lisbon.

When you consider the fact that seven million people visited Portugal in 2006, you see how it is becoming more and more popular. Statistics available for 2016 give some insight into the most popular regions. During this period, 1.5 million stayed in Madeira, 3.2 million stayed in Central Portugal, 4.2 million stayed in the Algarve, 4.4 million stayed in Northern Portugal and Porto, and 6.3 million visited Lisbon. All of the areas mentioned had an increase in visitors when contrasted with the year before, showing that the country is getting more popular on the whole rather than a specific area being a standout. Unsurprisingly, the vast majority of visitors are from Europe.

While Portugal has so much to offer and is clearly very popular, there is no denying that your holiday could quickly turn sour if you suffer an injury or an illness. In this guide, we will provide you with helpful information regarding this, as well as the Portugal holiday accident claim time limit that is in place. The Portugal holiday accident claim time limit could differ depending on the circumstances of what happened and the manner in which you booked your holiday. This is something we will explain in more depth. We will also provide you with details on the steps you should take if you have been injured on holiday in Portugal, as well as offering insight into the service that we provide and the level of compensation that you may be awarded. If you still have any queries by the time you finish reading this guide, please do not hesitate to give us a call.

Portugal Compensation Claim Time Bars And Time Limits For Claims

As mentioned, there is a Portugal holiday accident claim time limit in place when making any sort of compensation claim. The Portugal holiday accident claim time limit could differ based on the circumstances of your case. Please refer to the Portugal holiday accident claim time limit table below for more information on this.

Edit
Circumstances Time limit
Accidents that have happened on a package holiday 3 years may very
Accidents on a privately booked holiday 1 year may very
Accidents on a flight or at an airport 2 years may very

If you are unsure regarding what your Portugal holiday accident claim time limit could be, simply give us a call and we will explain your deadline to you. Of course, a good thing to do is simply claim as soon as possible and then the Portugal holiday accident claim time limit will not matter.

What Is A Portugal Holiday Or Package Holiday Accident?

There are so many different accidents and injuries that could happen in Portugal and result in you making an accident claim. Perhaps you have suffered whiplash because of a coach crash? Maybe you have slipped on an unmarked wet floor in your hotel? Maybe you have fallen sick because the swimming pool has not been cleaned properly? Or, perhaps you have come down with food poisoning because of something you have eaten while on holiday? No matter what applies, if the accident was not your fault, you could be able to make a claim.

This is the main factor when it comes to claiming: establishing responsibility. You need to show that someone else has acted in a negligent way or that they have made an error, and that this has resulted in your suffering. If you were to blame, you cannot make a claim. After all, you cannot make a claim against yourself because you have been clumsy, can you? But what if you were partially to blame for the incident? If this has happened, you may still be able to make a claim. However, it is vital to note that the amount you receive could be lower to reflect your involvement. A good thing to do when this applies is to give us a call for more information and we will advise.

Ways You Can Claims For An Accident On Holiday In Portugal

There are different ways you could be eligible to claim compensation. These may be under the package travel regulations or under the Portugal Criminal Injuries Compensation Scheme. Let’s deal with the former first. As mentioned, you could make a claim against the tour operator you booked your holiday through if it was a package holiday. For this to be applicable, your holiday must have included at least two of the following: overnight accommodation, transport, and/or excursions. If it has, and you have been injured while on one of these, you could claim against the package provider under UK law. The Portugal holiday accident claim time limit is three years for these cases. There are other laws in place that you may claim under too. This includes the Package Travel and Linked Travel Arrangements Regulations, which came into place in 2018. As well as covering package holidays, these cover linked travel arrangements too.

Holiday Tour Operators Duty Of Care

It is important to recognise that all package and holiday tour companies owe their customers a duty of care. This means that they have to take all of the steps to ensure your health and safety. What a lot of people do not realise is that if you have been injured on a package holiday you could actually claim against the package provider, rather than having to make a claim against the local hotel or excursion provider. This means that you could be claiming under UK law rather than Portuguese law.

How Is Compensation Calculated Under Portuguese Law?

It is important to understand how damages are estimated in Portuguese law if you claim within the Portugal holiday accident claim time limit. This could be relevant to you if you need to bring your claim through the Portuguese court’s system. This could be the case if you have been injured during a privately booked holiday. The Portuguese court could award compensation, taking into account the injuries that you have sustained and the circumstances surrounding the accident. The Court will also often look at previous cases to see what awards were given, although they are not bound by these.

Portugal Holiday Compensation Calculator

Of course, you may want to know how much compensation you are going to get if you make a claim within the Portugal holiday accident claim time limit. Unfortunately, though, giving you a fully accurate figure of the amount you will get is simply not possible. This is because all cases are assessed on an individual basis. This means that your case would be evaluated and then a fair amount could be granted based on everything pertaining to the accident. This does not mean you cannot get an understanding regarding your potential payout, though. In the table below, we have put together the typical payout amounts for injuries that could often happen when you want to claim compensation in Portugal. If you cannot find the injury that you have sustained, please do not panic. All you need to do is give us a call and we would be more than happy to shed further light on this. The table could be used as an alternative to a personal injury claims calculator. We know that these have become more popular. However, we have chosen to research and give you the Judicial College Guidelines on common injuries in the case instead.

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Injury Notes/severity Average payout amount
Death Mental anguish – Fear of impending death £4,100
Death Death occurring within a week, with immediate unconsciousness £1,200 – £2,450
Death Death occurring within six weeks, with immediate unconsciousness £3,300 – £3,850
Death Death within two weeks, with initial excruciating pain followed by unconsciousness after three hours £9,210 – £9,350
Death Death within a couple of weeks to three months. Full awareness. £11,000 – £20,880
Minor head or brain injury Payout dictated by the following: whether the person experiences headaches, symptoms, recovery phase, and how severe the original injury was. £1,840 – £11,200
Severe psychological damage £48,080 – £101,470
Moderate PSTD In such circumstances, the person will have recovered for the most part. Any continual effects are not going to be grossly disabling. £3,460 – £7,170
Moderate neck injuries Injuries such as dislocations are fractures. Immediate symptoms will be severe. £21,910 – £33,750
Minor back injuries This payout bracket incorporates soft tissue injuries, as well as less serious strains, disc prolapses, and sprains. Up to £10,970
Moderate hip or pelvis injury This payout is for significant injuries to the hip or pelvis. However, the future risk is not great and permanent disability is not a major factor. £23,310 – £34,340
Loss of both arms £211,150 – £263,060
Less severe wrist injuries Injuries whereby there could be some permanent disability, for example, this would be a degree of stiffness and persisting pain. £11,040 – £21,480
Moderate leg injuries This bracket includes the likes of severe crushing injuries or multiple or complicated fractures. £24,340 – £34,370
Severe facial scarring The psychological reaction is severe and the cosmetic impact is very disfiguring. £15,750 – £42,460
Minor injuries Injuries where a complete recovery occurs within a few months. £1,200 – £2,150
Minor injuries Injuries where a complete recovery occurs within 28 days. £600 – £1,200
Minor injuries Injuries where a complete recovery occurs within a week. Up to £600

Categories Of Damages Your Overseas Accident Claim Can Include

One thing a lot of people do not recognise is that there are two types of compensation when it comes to making a personal injury claim. So long as you claim within the Portugal holiday accident claim time limit, you would likely be able to claim for both special damages and general damages. So, let’s take a look at these in further detail…

General damages are to compensate you for the pain and suffering you have experienced that cannot be quantified. This relates to both your physical and mental suffering. You will be awarded an amount at the court’s discretion, taking into account the severity of your original injury, the treatment you have needed, and the impact that the accident and injury are going to have on the result of your life.

Special damages relate to those expenses that can be quantified. This is something that putting a monetary value on is very straightforward. It could, for example, be a claim to cover the cost of your medical treatment. Or, perhaps you have been unable to work while you recover from your injuries and so you have lost out on earnings you otherwise would have received? You could be able to make a claim for this too. Essentially, you need to ask yourself whether you would have experienced the cost in question if you had not been in an accident. If the answer to the question is no, you may be able to include these damages in your personal injury claim.

No Win No Fee Holiday Accident Injury Claims

When it comes to choosing a personal injury solicitor, one thing that you may well be concerned with is how much you are going to need to pay for the service. Not only do solicitors charge different fees but they work to different payment structures as well. Here at Legal Expert, all of our solicitors work on a no win no fee basis. This means that you do not have to pay anything if your case is not one that results in a payout. Instead, you only pay for a successful service.

This should give you great peace of mind. After all, a lot of people worry that they could find themselves in the dreaded position whereby they have spent money on a lawyer yet they have nothing to show for it because their case has not resulted in compensation. No one wants to be out of pocket through making a claim, and with Legal Expert, you can be certain that would never happen.

When you choose a holiday accident claim solicitor working on a no win no fee basis, the benefits are not only financial. You are much likely to benefit from a higher quality service too. This is because the lawyer’s pay is going to be influenced by the level of service they provide, therefore, making them accountable and ensuring they put in the required amount of effort. Furthermore, you can also be sure that your solicitor is not going to lead you down the garden path. If they believe that your case does not have a very good chance of success, or that you have missed the Portugal holiday accident claim time limit, they will be upfront with you and they won’t waste your time or their own.

How An Accident Abroad Solicitor Could Help You

If you want to make a claim for an accident that has happened in Portugal, you do not need to choose a personal injury lawyer who is based there. Instead, you could work with a holiday injury lawyer based in the UK, which is exactly what you will get with Legal Expert. We have many years of experience in the industry and we can ensure you have a great chance of getting the maximum amount of compensation.

When you contact us, we will match you to a specialist solicitor from our team with relevant experience. All of the solicitors working for us have years in their locker and a great track record when it comes to securing compensation for personal injury victims. Plus, as explained in the previous section, they are all accountable for the service that they provide because of our no win no fee approach.

One thing that sets us apart from the competition is that we genuinely care about our clients. We know that you have had an extremely difficult time and that you have your injuries to focus on. The last thing we want to do is cause more stress and upheaval. We want you to focus on your recovery while we will concentrate on securing the maximum possible amount of compensation. If you have any questions, all you need to do is give us a call and, of course, we will keep you informed every step of the way as well.

How You Can Contact Us

Are you ready to make a personal injury claim? Perhaps you have a query about the Portugal holiday accident claim time limit? No matter what applies, you can call us today and we will go through everything with you, giving you complete peace of mind. You can be certain that all calls will be completely confidential. The number you need is 0800 073 8804. This line is open 24/7, and you will speak to one of our friendly and experienced team members. You can also fill in the contact form on our website and we will call you back at the earliest opportunity. Or, if you would prefer, we also have a live chat box on our site. You should be able to see this in the bottom right-hand corner. Simply type your message in the box and we will respond to you straight away. It is as easy as that.

Related Articles And Recommended Contacts

FCO Advice for travellers to Portugal – Here you will find relevant advice for travel to the area.

Embassy – Lisbon – The British Embassy in Lisbon may prove useful to you.

Accidents in hotels in Portugal – More guidance on this type of accident.

Portugal Car Accident Claims Guide – For accidents on the road.

The Department for Work and Pensions Accident At Work Claims Guide

The Department for Work and Pensions employs a great number of people in various offices and job centres.  They operate the welfare system, benefit system and the state pension amongst other things. Employees of the Department for Work and Pensions are often situated in office environments. In this guide we are going to look into accidents leading to injuries and illnesses that could happen within an office environment.

Legal Expert are personal injury specialists who could help with accident claims that have happened in office space. All the claims that are taken on by Legal Expert are done so using a No Win No Fee agreement.  If you’d like to begin a claim today, please call us free on 0800 073 8804.  One of our specially trained advisors will work with you and assess your claim.

If you’d like to learn more first, then carry on reading this guide about how to make a claim for a work accident that has occurred while working for the Department for Work and Pensions.

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A Guide To Accident At Work Claims When Working For The Department for Work and Pensions

Department of work and pensions accidentThe Department for Work and Pensions is the largest of all the UK government departments and operates across a number of different functions.  They operate a number of departments:

  • Jobcentre Plus – which covers Jobseeker’s allowance and ESA)
  • Child Maintenance Group – responsible for the Child Support Agency and Child Maintenance Service.
  • The Pension Service – responsible for the basic state pension.
  • The Disability and Carers Service.

With such vast range of services, they have a number of offices and employ a large number of staff.  Which such a large number of employees across different areas it is vital that health and safety is part of the driving force of the department to ensure staff are safe at work.

This guide will explain examples of accidents that could occur within an office environment, types of injuries employee could possibly suffer and whether they are eligible to make a compensation claim.  It will also explain the amounts of compensation available, the damages that could be awarded and how no win no fee claims actually work.

If, after you’ve read this guide, you still have questions about your right to claim, please call an advisor for specific free legal advice.

What Is A Department for Work and Pensions Accident At Work?

An accident at any place of work can be an unpredictable incident that leads to an injury. An accident at work doesn’t automatically qualify as one that could lead to a compensation claim.  There are a number of aspects that a personal injury solicitor will assess prior to agreeing to take on a case.  These are:

  • Did the defendant in the case owe the claimant a duty of care?
  • Did they breach that duty of care (whether accidentally, negligently or intentionally)?
  • And was the breach of duty the reason the accident occurred and caused an injury?

Sometimes in personal injury cases it is not always clear who owed the claimant a duty of care and how this duty was breached. That is why we always recommend using an accident at work solicitor.

At Legal Expert we have the knowledge and experience to make successful personal injury claims.  So call us today and take advantage of our free legal consultation.

What Is The Civil Service Pensions Injury Benefits Scheme?

Members of the Public and Commercial Services Union (PCS) have the option, in some cases, to claim for Civil Service Injury Benefit Scheme if they are injured while at work.

It is not compensation but a benefit that is paid if the employee is injured and loses some of their salary while they are off from work. There are terms and conditions. Employees must qualify to a stringent criteria.

If you go on to win compensation through a personal injury claim, you will have to pay back any benefits you’ve received under the scheme.

It’s important to note that the scheme has its own criteria for claiming and, just because they accept you on to the scheme does not mean that you will automatically be eligible to make a compensation claim.

Accidents That Could Potentially Happen At Jobcentre Plus?

Jobcentre Plus offices are a different working environment where DWP employees often provide face to face services in away to the public. They could be considered as the front-line operation for the DWP where staff help clients with benefit inquiries , job applications and training.

Unlike the old Job Centres, Jobcentre Plus offices are open plan environments. There are no security screens separating staff from clients and, in general, are much more relaxed than the older environment. Due to this more open plan environment it opens up the risk that staff could be attacked more easily. Security staff are used at Jobcentre Plus so protect and reduce the risk to staff if a visitor becomes abusive or violent.  

Examples of other accidents that could potentially happen in office environments include;

  • Trips due to damages carpets or wires that have not been fixed down.
  • Laceration due to sharp damaged furniture that has not been repaired or replaced.
  • Slips due to wet or mopped floor with no warning signs.
  • Repetitive strain or other injuries due to an inadequate work station
  • Injuries due to a damaged chair collapse.

Please call a member of our team to discuss if you have suffered an injury while working for the JobCentre Plus. We will listen to your case and offer some free legal advice with no obligation.

I Was Injured At A Jobcentre Plus Appointment, Could I Claim Compensation?

If you are visiting the Jobcentre Plus and you suffer an accident that leads to an injury you may be eligible to pursue a personal injury claim if it can be proven that the Jobcentre Plus or a member of the staff caused your accident through negligence.

Examples of accidents and injuries that could potentially occur;

  • Injuries caused by broken or damaged furniture that has not been repaired or replaced.
  • Tripping or slipping. In some situations, such as tripping on a vacuum cleaner lead or slipping on a damaged flooring.
  • Falling because a stair handrail was damaged or missing. If this happens, you should try to photograph the damage to provide evidence.

If you are involved in an accident while attending an appointment at a Jobcentre Plus, call Legal Expert to see if you could make a personal injury claim for an injury suffered. If you are unsure whether the DWP is responsible we could help you in discovering who is liable.

Examples Of Office Accidents Which Could Happen

In any office, there are any number of accidents that could potentially happen. Some examples  include:

  • Slips, trips and falls injuries.
  • Manual handling or lifting related injuries.
  • Repetitive strain injuries.
  • Electric shocks or burn injuries.

If you have suffered any of these accidents or injuries while working for the Department for Work and Pensions remember they must have been caused through negligence or error of your employer or another member of staff to have the basis for a compensation claim.

Office Health And Safety – Employers Duty Of Care

All employers have a duty of care towards their employees. This duty of care may cover the following;

  • Ensure workers (and visitors) are protected from harm while at work.
  • Carry out risk assessments on tasks in the workplace and work stations.
  • Let employees know about any risks and provide suitable training.
  • Provide safety equipment where necessary to reduce risk of harm.

Duty of care is a major entity when discussing personal injury cases. If a person is owed a duty of care, and this duty of care is breached causing an injury or illness this could be the basis of any personal injury claim.

I Had An Accident Working For The Department Of Work And Pensions, What Are My Rights?

If you have an accident in your work place it is vital that any incident is logged in an accident book or digital form.  You should let a supervisor or manager know about the accident as soon as possible.  If they don’t record it, send an email or letter with details and keep a copy for yourself.

If you suffer an injury or illness at work due to the negligence of your employer you have the right to seek legal advice and possibly go on to pursue a claim for damages. Every employee has the right to a safe and hygienic working environment one that is potentially risk free unless advised about and all health and safety precautions are being taken.

It is important to note that personal injury claims in the UK need to commence within 3 years of the accident occurring or date of knowledge of the injury. You should contact a personal injury lawyer as soon as possible following your accident to allow them enough time to research your case and prepare fully.

What To Do After An Accident At Work As A Civil Servant?

Following an accident at work, your first thought is unlikely to be about starting a compensation claim.  However, if you follow some of the steps below, your chances of winning a claim could be improved.  The steps you could take include:

  • Seek medical attention from a doctor or at the accident and emergency department of your local hospital. This will ensure your injuries are treated correctly.  It will also provide evidence, by way of medical records, of how serious your injuries were and what treatment you had to receive.
  • Report the accident to a manager or supervisor. Under health and safety rules, all accidents at work should be recorded (and some reported to the HSE).  You can ask for a copy of the accident report to be used as further supporting evidence.
  • Ask any colleagues or other witnesses for their contact details.  Also, if they have time, ask for a witness statement from them detailing what they saw.
  • If you’re able to, photograph the scene of the accident. Try to do so before anything is removed from the scene of the accident and try to capture as much detail as possible.
  • If you have any visible injuries, take photographs of them. Do the same again if they change over time.
  • Write down what happened including where and when. This will help you later as it can be quite easy to forget details after a period of time.
  • Keep a note of any financial losses you incur because of the accident. Try to keep receipts and notes about why you had to spend the money.

These steps will mean that, when you contact us at Legal Expert, you’ll have plenty of evidence to support your claim.  Remember that we can offer no win no fee claims if we take your case on.

What Could My DWP Compensation Claim Recover?

There are many parts of a compensation claim that a personal injury lawyer will use to ensure clients aren’t worse off following an accident.

The main parts of a claim (or ‘Heads of loss’ in legal terms) are:

  • General Damages: This compensation is awarded to cover the pain and suffering that was inflicted on the claimant by the injuries.  There are pre-agreed amounts for different injuries that solicitors, courts and insurers work from (see the next section for examples).  The more severe the injury, the higher the compensation amount.
  • Medical Expenses: Because we have the NHS in the UK, medical expenses are limited. That said, if you have to pay out for multiple prescriptions because of your injuries, you could still claim the cost back.  It’s also possible that private healthcare may be required in some cases (speak to a solicitor first) and it is sometimes possible for this to be claimed back too.
  • Care Costs: In some cases, injuries prevent the claimant from carrying out everyday tasks while they are recovering. In these cases, professional care may be required, and this could be included in a claim.
  • Lost Income: There are occasions, where injuries cause the claimant to have to stop working or change jobs. If you have to change to a lower paid job, or lose income altogether, we could include loss of income and future lost income in your claim.

There are many other costs that could be claimed for. If you believe you’re out of pocket because of your accident, let your solicitor know.  Try to provide evidence by way of receipts or statements.

Personal Injury Calculator For Accident Claims

There are many things clients ask of us when they begin a claim and one of the most asked questions is “How much compensation will I receive?”.  The honest answer is, until we’ve heard all of the details about your claim, it’s difficult to say.

There are many parts to a compensation claim that may be relevant in your case, so calculating the compensation is easier when we understand your claim fully.  For now, we’ve provided the table below which shows the compensation that could be paid for different types of injury.  Remember, this is only one part of the claim, so your claim could be far more.

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Accident Type Amounts Injury Information
Moderately Severe Psychiatric Injury £16,720 to £48,080 Significant issues with a person being able to cope with life, work and education, possible future issues. Cases of work related stress that results in long term or permanent disability preventing a return to work.
Less Severe Psychiatric Injury £1,350 to £5,130 The length of the disability is key here and how much daily life and sleep is disturbed. Cases falling specifically short of a diagnosis.
Moderate PTSD £7,170 to £20,290 The brackets include a person who will largely recover from Post Traumatic Stress Disorder and any lasting effects will not be particularly disabling.
Less Severe PTSD £3,460 to £7,170 Only minor symptoms persist and a full recovery will be made in one to two years.
Minor Neck Injuries Up to £2,150 All symptoms will recover within three months.
Minor Back Injury £6,920 to £10,970 A full recovery or a recover with nuisance symptoms without surgery will take place in two to five years.
Less Severe Arm Injury. £16,830 to £34,340 A significant degree of disability is present but a large amount of recovery is achievable.
Work-Related Upper Limb Disorders £7,580 to £9,430 Injuries such as carpal tunnel, constriction with the nerves in the wrist and issues with surrounding tissue that makes a full recovery within three years.
Minor Hip Issues Up to £3,460 Minor soft tissue injuries with a full recovery expected.
Leg Fractures Up to £10,380 Simple fractures to the tibia and fibula or possibly soft tissue injuries.
Moderate Achilles Tendon Injury £11,040 to £18,480 Partial rupture or significant damage to the tendon. The different levels will be awarded in regards to disability, length of injury, function and ongoing pain.

The range of compensation in each injury is associated with how severe it is.  Your solicitor will provide evidence, such as medical records, to try and prove the exact nature of your injuries.  This is an attempt to ensure you receive the correct level of compensation.

If you can’t see your injury listed, don’t worry – we could still help.  This is just a sample, listing every injury would be a long list!  If you’d like to know more about how much compensation you could receive, please contact us.

No Win No Fee Accident At Work Claims Against The Department For Work And Pensions

At Legal Expert, we’ve got many years’ experience helping clients with their claims.  We know that one thing that puts them off from claiming is the worry of how much it will cost.

This is why we offer no win no fee agreements for all cases we take on.  But what does no win no fee really mean?  Let’s look at the different scenarios that could happen when claiming:

Scenario 1: You hire a no win no fee solicitor

This means that you don’t have to pay your solicitor any fees up front.  They provide you with an agreement which states, if they win, that they’ll retain a success fee (a percentage of your compensation, limited to 25%) before sending the rest of the compensation straight to you.  If they lose, you don’t pay them at all.  You used to be able to retain 100% of the compensation under no win no fee rules and your solicitor was paid by the defendant but that was stopped some years ago.

Scenario 2: You hire a traditional solicitor

This means you have to pay your solicitor an hourly rate.  They’ll usually want this paid up front or in stages.  The main advantage of this scenario is, that if they win the case, you retain 100% of your compensation.  The main risk is that, if they lose the case, you’ve already paid them for their service – which could equate to a large sum of money.

Following feedback from our clients, we know that scenario 1 is the least stressful and much less risky, which is why we offer no win no fee on all claims.

Speak To Our Experts Today

Legal Expert are personal injury specialists who can help with accident claims that have happened anywhere in the UK.  We offer a no win no fee service for all cases we take on.

Now that you’ve read this guide about accidents at work working for the Department for Work and Pensions, we hope you’d like to use us to begin your claim today.  If so, you are able to contact us using any of these methods:

  • Telephone: This is the easiest way to begin your claim.  Call free on 0800 073 8804 and speak with an advisor right away.
  • Live Chat: Use the chat facility for free legal advice from any page on our site. It’s available 7 days a week.
  • Email: Send a message to [email protected] and we’ll call you back when it’s convenient.
  • Online: Fill in our online claim form to begin.

When you reach out to us, we’ll offer you a free initial consultation.  You’re under no obligation to proceed but we’ll assess your claim, your injuries and the impact it had on you.  Then, if we agree you have a good chance of winning compensation, we’ll offer you a no win no fee agreement.  When you’re happy, we’ll start your compensation claim.

Resources For Employees Injured At Work

Office Accident Claims – an article about accidents in offices and the compensation that could be awarded.

Slips, trips and falls – information about the types of injuries that could occur from falling or slipping over.

Other Guides You Can Read

Thank you for taking the time to read this guide.  If you require any further information, please feel free to contact us to speak to an advisor.

Edited By Melissa.