By Jade McCoy. Last Updated 27th June 2024. Have you been harmed because of the negligent administration of first aid? You may be eligible to make a first aid negligence claim for compensation. Whether you were injured because of improper first aid at work, or when you were out in public, you may be able to claim compensation for your avoidable injuries. First aid by definition is immediate help given to a person who has become injured or ill. In some instances, the first aid may be to give the person immediate relief from their symptoms, for example applying a cool compress to a minor burn. In other circumstances, first aid can preserve the person’s life, until they can get medical treatment. For example, giving CPR (cardiopulmonary resuscitation) to a person who has suffered a cardiac arrest, to keep them alive until the ambulance comes. Unfortunately, there can be instances where a person can experience further injuries because they received first aid. Some injuries are unavoidable and will not qualify for compensation.

However if you have been avoidably injured because of first aid negligence, trust Legal Expert to help you claim compensation. Call us on 0800 073 8804 for your free consultation and if we can see that you have legitimate grounds to claim, we will provide you with a solicitor to handle your case. Alternatively, contact us using our online claim form, to see if you are legitimately entitled to claim.

Select A Section

• A Guide To First Aid Negligence Claims
• What Is First Aid Negligence?
• When May First Aid Be Required?
• First Aiders Duty Of Care
• Negligence Examples – First Aid
• What Happens If A First Aider Causes Injuries To The Casualty?
• What If The First Aider Does Not Obtain Consent?
• Consent And Unconscious Victims
• Negligent First Aid In The Workplace
• First Aid Negligence Compensation Calculator
• No Win No Fee First Aid Negligence Claims
• Start Your Claim
• Essential References

A Guide To First Aid Negligence Claims

Most people train to get a first-aid certificate, to help others who may be in need of assistance. The Health and Safety Executive (HSE) requires low-risk workplaces, such as a small to medium-sized office to have a member of staff receive first aid training and have a first aid kit on the site. A person may voluntarily train to be their company’s appointed first aider. In other roles, such as working in a gym, or working as a teacher, first aid certifications may be a requirement of the job. First aid can help people in the short term who are suffering from minor injuries, before they are able to see a doctor. In some situations, first aid can save a life, for example, if a person loses consciousness and stops breathing, a first aider can perform CPR before an ambulance arrives. In some cases, the person would have died before the paramedics could reach them if they had not received first aid during the intervening period.

If there are incidents when first aid negligence occurs the injured person’s condition could worsen, or they could receive additional injuries. If you have been injured by someone who breached their duty of care as a first aider, you may be able to make a first aid negligence compensation claim. Contact Legal Expert today, to see if you are eligible to claim. If we can see that you are owed compensation, we can provide you with a solicitor to handle your claim, who will start working on your case as soon as possible.

What Is First Aid Negligence?

If a person chooses to perform first aid on an injured person, they have a duty of care to that person. First aid negligence is when the trained first aider administering first aid, does so in a way that does not meet the appropriate standard of care.

One example of first aid negligence could be a first aider giving CPR to a person who is unconscious but is still breathing, rather than putting them in the recovery position. This can harm the unconscious person, and may not meet the expected standard of care for first aid. Another first aid negligence example would be if the first aider intentionally or unintentionally assaults an injured person, by not gaining consent from the injured person to touch them, without explaining what his/her intentions are or obtaining verbal consent.

When May First Aid Be Required?

A person who is not a medical practitioner can receive first aid training or a first aid certification. First aid allows people to provide immediate assistance to injured or unwell people. In some cases, first aid may be all that is required. Or the injured person may need to go to a doctor’s surgery or hospital, depending on the severity of the injuries.

Examples of when first aid may be required:

• Minor or major cuts
• Diabetic emergencies
• A casualty is choking
• A casualty has lost consciousness
• A casualty has stopped breathing or is suffering a heart attack
• Suspected broken or fractured bones

First Aiders Duty Of Care

If a person with first aid training decides to perform first aid on an injured or ill person, they will owe that person a duty of care. A duty of care is when you are expected to provide a reasonable standard of care for the person you are helping. If you fail to comply with these standards this can be judged as negligence. Of course, a member of the public with a first-aid certificate is not comparable to a qualified medical practitioner such as a doctor or nurse working at a GP surgery or hospital. So a first aider will not be expected to perform to the standard that is expected of a medical practitioner.

If a first aider performs a negligent action or inaction whilst attempting to administer first aid, which results in the casualty’s injuries becoming worse, or injures the casualties in other ways, the first aider could be held liable for the casualties injuries. Therefore the casualty may be able to make a first aid negligence claim.

Negligence Examples – First Aid

In regard to first aid at work, the law states that certain workplaces must have appropriate facilities and personnel available to provide employees with attention immediately if they are taken ill or injured at work. This requirement can be found in the Health and Safety (First-Aid) Regulations 1981.

A first aider has certain responsibilities in the workplace and must carry them out as safely as possible. Here are a few examples of what could be categorised as first aid negligence:

• Failure to call an ambulance – Whilst the safety of someone who is injured may initially be the responsibility of a first aider, they may not be qualified to handle a more serious incident. If they neglect to ask someone to call an ambulance when one is needed, then the injured person’s injury could be made worse. In some incidents, this could even result in a fatality.
• Performing unnecessary CPR – For example, if the patient is still breathing but is unconscious. This can damage internal organs and bones, or even disrupt an otherwise healthy heartbeat.

Reach out today for more examples. Our advisors can also answer questions such as “do you need a first aider at work by law?”.

What Happens If A First Aider Causes Injuries To The Casualty?

If first aid is administered in an incorrect or inappropriate manner, it may exacerbate the casualty’s existing injuries, or cause additional injuries. This may happen because a well-intentioned member of the public who has not had first aid training tries to help the casualty and causes harm. Similarly, a person who is first aid qualified may make an error.

Under a very particular set of circumstances, it may be a necessary evil to injure a person in order to apply effective first aid. For example, when a person is giving CPR they could break the casualty’s ribs or damage an internal organ. If a person is suffering a cardiac arrest or has stopped breathing, their life is at immediate risk, so a broken rib would be seen as an unfortunate consequence of this life-saving procedure. As such, this would not be an example of first aid negligence.

Similarly, a person can suffer burns if the first aider has to use a defibrillator. However, a defibrillator is only used if there is a cardiac arrest, an abnormal heartbeat, a ventricular tachycardia (abnormally fast heartbeat) or ventricular fibrillation, a chaotic heartbeat, cutting off blood flow to the rest of the body. Using a defibrillator is a lifesaving procedure, so you would not be able to sue if you were burned by a defibrillator.

What If The First Aider Does Not Obtain Consent?

Under the Mental Capacity Act, 2008, it is stated that unless evidence is provided to the contrary, a person administering first aid must obtain consent from a casualty to treat them. Under this act, the casualty has the right to refuse treatment from a person administering first aid.

If a casualty refuses treatment, ask the following questions:

1. Does the casualty understand the seriousness of the situation?
2. Would the casualty accept treatment from another person? Maybe the casualty wants to be treated by someone who is of the same gender, or someone they know personally.
3. Can the casualty treat themselves? For example, a casualty may be able to apply a cold compress to a burn, or a plaster or a cut, without someone else touching them.

Rules around consent exist to protect the first aider and the person being treated. By explaining their intentions and asking for consent the first aider is protecting themselves and the patient.

Consent And Unconscious Victims

A first aider must only perform an act of first aid on a victim if they have given consent prior to the casualty losing consciousness, or if it is a lifesaving procedure. If a first aider finds an unconscious casualty and needs to check to see if they need first aid (for example checking their pulse, whether or not they are breathing, or signs that they have injected themselves with drugs) the first aid administrator should explain what they are doing and why in case the person can hear them. It is also acceptable to put an unconscious person in the recovery position, as they could potentially choke to death if they are lying on their back and vomit.

Negligent First Aid In The Workplace

Workplaces must abide by the Health and Safety (First Aid) Regulations, 1981. This act emphasises the importance of first aid at work and states that employers should provide adequate first aid first aid facilities, personnel and equipment. Workplaces should ensure that there are staff on their workforce who have received first aid training to help their colleagues if necessary.

As well as adequately trained personnel, workplaces should have first aid equipment, such as the tools on this HSE first aid kit contents list:

1. Sterile plasters of assorted sizes that are individually wrapped
2. Sterile eye pads
3. Safety pins
4. Disposable gloves
5. Individually wrapped sterile triangular bandages
6. Individually wrapped unmedicated wound dressings of large and medium sizes.

This is not an exhaustive list. Your first aid kit should be maintained and items that have been used should be replaced.

If you were harmed due to first aid negligence at work, you may be entitled to make a compensation claim for first aid at work injury. To learn more about legal issues in first aid, contact our team of advisors today. They can provide free legal advice and expert help.

First Aid Law – How Long Do I Have To Claim?

In the workplace, employers owe you a duty of care. First aid regulations, such as the Health and Safety (First-Aid) Regulations 1981, outline the requirements of employers to provide adequate personnel, facilities and equipment for the administration of first aid in the workplace.

If this duty of care is breached, and you were injured or your condition worsened as a result, you may be able to claim. However, it is important that you start a claim within the time limit.

The time limit to start a medical negligence claim is generally three years from the date you were injured, or three years from when you became aware that your injury was caused by negligence. However, there are exceptions. For example:

• Children – If first aid duties were neglected, resulting in an injury to a child, the three-year time limit begins on their 18^th
• Mental disability – If a claimant lacks mental capacity, the time limit would not begin until they are deemed to have recovered, if this applies.

In both cases, the time limit is suspended until they can represent themselves in legal proceedings. However, a litigation friend is able to claim on their behalf at any point during this suspended period.

We would advise that you begin a claim as soon as possible if your injuries were caused because you were not provided with first aid. The law, under the Limitation Act 1980, bars claimants from pursuing a claim if it is not formally started within the limitation period.

To find out your eligibility, or to find out if you’re still within your time limit, our advisors offer a free consultation with no obligation to claim with us after.

First Aid Negligence Compensation Calculator

If your negligent first aider claim is successful, your awarded compensation will potentially be made up of two heads of claim known as special and general damages. These two heads of claim address different impacts you may have suffered. 

General damages provides compensation for the physical and psychological harm you have suffered due to a negligent first aider. To put a value on this head of claim, some factors that will be reviewed include:

• Loss of amenity. 
• Whether any of your injuries are permanent. 
• How painful your injuries are. 

Your injuries may be evaluated in an independent medical assessment during the claims process. A report from this assessment can be looked at with the Judicial College Guidelines (JCG) to further help evaluate this head of claim. 

The JCG lists guideline compensation values for varying psychiatric and physical injuries and illnesses. 

Injuries Table

You can find in this table guideline compensation values for different types of harm that could be suffered from a negligent first aider. Apart from the top row, the information in the table is from the JCG. 

All of these figures are guidelines, meaning the specific amount of first aid negligence compensation you could potentially receive can’t be guaranteed. This is because all claims are unique. 

Special Damages If Harmed By Negligent First Aid

Special damages provides reimbursement for any expenses that have resulted due to a negligent first aider, including:

• Loss of earnings – needing time off work to recover. 
• Medical bills – prescriptions, painkillers, etc. 
• Travel costs – travelling to and from the hospital only for your injuries caused by a negligent first aider. 

Special damages are not always awarded even when claims are successful. So, keep any receipts, payslips, bank statements, and invoices. 

If you are claiming for negligent first aid, you may have some more specific questions, such as “Can you be sued for giving CPR?”. Our friendly advisors are on hand to answer any of your queries.

No Win No Fee First Aid Negligence Claims

At Legal Expert, we understand that being injured, or having your injuries worsened when receiving first aid can be a stressful experience. Being injured can also have a negative impact on your finances, especially if you have had to take time off work as a result. This is why we give our clients the option to make a no win no fee claim, also known as a Conditional Fee Agreement (CFA).

With a no win no fee claim you will not have to pay an upfront solicitors fee. Instead, your fee is deducted from your compensation package, if you win your claim. If your case is unsuccessful and you don’t win your claim, you will not be charged a solicitors fee. For many of our clients, this is the less stressful way to claim.

Read our online guide to making a no win no fee claim, to find out more. Or, get in touch with our team of advisors to find out if you could start your claim today. They can offer free legal advice and more information surrounding legal issues in first aid.

Start Your Claim

There are some great benefits to making a personal injury/medical negligence claim with Legal Expert.

• We can provide you with an excellent solicitor to handle your claim, with years of experience handling cases like yours.
• We promise we will push to win you the maximum amount of compensation you are entitled to claim.
• You will have the option to make a no win no fee claim, so there is less stress involved.

To begin your claim for injuries caused by first aid negligence, call us on 0800 073 8804 to speak to us about claiming compensation today. Alternatively, you can start your claim online. Contact us today, we’re looking forward to hearing from you.

Essential References

Medical Negligence Claims – How much compensation could I claim?

How Much Compensation Can I Claim For A Misdiagnosis? – Medical misdiagnosis claims guide.

How Much Compensation Can I Claim For A Birth Injury? – A birth injury medical negligence claims guide.

Broken Rib Injury Claims Guide – A guide to claiming for a broken rib.

Warehouse Accident Claims  – A guide to making a claim after suffering an injury in a warehouse.

Injury Claims Against Another Employee or Colleague – A guide to making a personal injury claim against another employee.

Would I Need To See A Doctor When Claiming For A Personal Injury? – Information on if you need to see a doctor when you make a personal injury claim.

Neck Injury Compensation Claims – A guide on making a compensation claim following a neck injury.

External References

An HSE Guide To First Aid At Work

An HSE Guide To First Aid

Written by Chelache

Edited by Melissa.

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.

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.

Select A Section

• A Guide To ASDA Pharmacy Negligence Claims
• What Is A Pharmacy Negligence Claim?
• Statistics On Wrong Medication Negligence
• Causes Of Pharmacies Making Wrong Medication Errors
• Types Mistakes Which Could Be Made By A Pharmacy
• What Effects Could The Wrong Medication Have On You?
• Steps To Protect Yourself From Negligence By A Pharmacy
• Pharmacy Negligence And Wrong Medication Claims
• Additional Types Of Damages You Could Claim
• No Win, No Fee Claims For ASDA Pharmacy Negligence
• Why Let Us Handle Your Wrong Medication Claim Against A Pharmacy?
• Start A Claim For ASDA Pharmacy Negligence
• Essential Resources

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. 

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

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.

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.

Select A Section

• A Guide To Superdrug Pharmacy Negligence Claims
• What Is Wrong Medication Negligence By A Pharmacy?
• Statistics – Rates Of Pharmacy Wrong Medication Errors
• Causes Of Wrong Medication Negligence By A Pharmacy
• Types Of Prescription Negligence Claims
• What Happens When You Take The Wrong Medicine?
• Preventing Wrong Medication Errors By A Pharmacy
• Calculating Pharmacy Negligence Claims Against Superdrug
• Additional Types Of Compensation You Could Claim
• No Win, No Fee Claims For Superdrug Pharmacy Negligence
• Why Choose Our Team To Handle Your Pharmacy Negligence Claim?
• Start Your Claim Against A Superdrug Pharmacy
• Essential Resources

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.

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.

Care Home Wrong Medication Errors – Information about when personal injury claims can be made due to suffering caused by medication errors in care homes.

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

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.

Select A Section

• A Guide To Tesco Pharmacy Wrong Medication Claims
• What Is Tesco Pharmacy Negligence You Could Claim For?
• Statistics – How Many Prescriptions Errors Are Made In England?
• Causes Of Dispensing Errors By Pharmacies
• Types Of Medication Negligence By A Pharmacy
• What Impacts Could The Wrong Medication Have On A Customer?
• Steps To Prevent Mistakes Being Made
• Compensation Calculator For Wrong Medication Negligence
• Additional Costs Which You May Claim Compensation For
• No Win No Fee Claims – Tesco Pharmacy Wrong Medication Negligence
• Why Choose The Team At Legal Expert For Your Claim?
• Start Your Claim For Pharmacy Negligence
• Essential Resources

A Guide To Tesco Pharmacy Wrong Medication Claims

All 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.

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 Hosptial 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.

Have you had the misfortune of being the victim of a whiplash injury? If so, once you have dealt with your injuries and the shock of the event, you may wish to explore the possibility of getting compensation if the accident was not your fault. In this guide, we will reveal everything you need to know about how to claim compensation for whiplash against MORE THAN car insurance if the driver at fault was insured by this insurance provider.

One thing you may wish to do if you’ve found yourself in this situation is to get in touch with Legal Expert. Handling these types of claims is our speciality. We have a great live chat feature on our website, the details of which can be found at the bottom of the page. Or, why not give us a call on our free legal helpline? You will speak to one of our advisors who will happily tell you whether you have a strong case or not. The number you need is 0800 073 8804. Before you give us a call, we recommend reading through the sections below to find out more about claims against MORE THAN car insurance.

Select A Section

• A Guide To Whiplash Claims Against MORE THAN Insurance
• What Is A Whiplash Injury?
• Should I Make An Insurance Claim For Whiplash Against My Policy?
• Insights Into Injury Claims Against Insurance Companies
• Could I Claim If Partially At Fault?
• What Should You Consider If An Insurance Company Makes You An Offer?
• When Should I Accept A Pre Medical Offer From An Insurance Company?
• Calculating Compensation For A Whiplash Injury
• Other Compensation You May Be Eligible To Claim
• No Win No Fee Whiplash Injury Claims Against A MORE THAN Insurance Policy
• Start Your Whiplash Claim
• Where To Learn More

A Guide To Whiplash Claims Against MORE THAN Insurance

Whiplash injuries can be seen as fairly common. Whilst they usually occur because of road accidents, they could happen as a consequence of many other incidents as well. Thankfully, in most instances, the injuries are minor and many people make a full recovery. Yet this might not always be the case and sometimes, whiplash injuries and their symptoms may drag on for months. Irrespective of how your whiplash injury occurred, and no matter how severe it may be, you may be interested in the possibility of making a  car insurance claim for whiplash if the driver at fault was insured by MORE THAN.

It may be prudent for us to mention that a whiplash injury could happen in many different ways. From passenger accidents to incidents whereby you may have been driving a vehicle and someone else crashed into you, whiplash is certainly an injury that could be commonly associated with an accident on the road. However, when it comes to claims for whiplash injuries, it does not matter how the injury occurred. What matters is that you can answer yes to the following questions:

1. Did the driver insured by MORE THAN owe you a duty of care? In most cases, this will be yes.
2. Did the standard of their driving breach their duties of care?
3. If yes, did you suffer an injury as a result? 
4. And lastly, did the incident happen within the last three years? This point will be discussed in more detail below.

These are the general requirements when it comes to making a claim for whiplash.

In this guide, the aim is to provide you with thorough information about how to claim compensation for whiplash against MORE THAN car insurance. This includes details on how to make a MORE THAN car insurance claim, as well as the different whiplash insurance claim settlements that people could receive for cases similar to yours. Should you have any queries about any of the information that is put forward in this guide, please do not hesitate to get in touch with us to find out more.

What Is A Whiplash Injury?

Whiplash may occur as a result of a road traffic accident. This is because a person’s head could jolt backwards and forwards when there is a sudden impact,  straining or tearing the muscles and soft tissues in the neck. Some of the most common symptoms of this injury could include:

• Dizziness
• Pain in the neck
• Pain in the arms or shoulders
• Inflammation
• Swelling
• Aching
• Headaches

Some people who suffer from whiplash may not experience such symptoms straight away. You may feel fine immediately after the accident, but after a day or two the symptoms mentioned could start to develop. This is why we would urge anyone who has been in a car accident to seek medical attention, even if you feel fine so that you could be provided with relevant advice from a medical professional.

Should I Make An Insurance Claim For Whiplash Against My Policy?

If someone else was at fault for an accident that you received a whiplash injury in, you should make a claim against the other person’s insurance company, and not your own. If you are partially at fault, your own insurance company may pay for your claim, but we will cover this in a later section. Here, we take a look at why you may wish to claim compensation if you’ve suffered a whiplash injury in general.

You may be wondering whether or not you could be entitled to compensation for your whiplash injury, and whether you should proceed with making this type of MORE THAN car insurance claim. Generally, it may be a good idea to make a personal injury claim if the whiplash injury happened within the relevant time limit, if someone else caused the accident, and this was a person that owed you a duty of care. For example, another person driving on the road could owe you a duty of care, as they should drive safely and according to the rules of the Highway Code to ensure they do not endanger others.

If someone has been negligent, and this has caused you injury, we believe it may be appropriate for you to claim for your suffering and pain. As well as this, the accident may have caused you financial harm, because you may have required time away from work to recover, which may have cost you in lost income. You may also have had to pay for travel to medical appointments, and perhaps even physiotherapy to recover from your injuries. These costs could be covered within a claim so you would not be left out of pocket because of someone else’s negligent behaviour on the road.

When it comes to fitting the criteria to make a personal injury claim, there would be a time limit within which you would have to launch a claim. While in most cases, the claim should have been made within 3 years of the accident date,  there could be incidents whereby cases have been brought after this time, as some exceptions to the time limit could apply. In addition to this, even if you are partially at fault, you may still be able to make a claim. However, your compensation payout would likely be reduced because of your involvement.

We would recommend that you give us a call, rather than dismissing your chances altogether if you are not sure whether you would meet the criteria for a whiplash insurance claim.

Insights Into Claims Against Insurance Companies

You may not have been aware of the fact that you do not have to use your insurance company’s solicitor to handle your claim, although they may try to persuade you to do so. The liable party’s insurer may also try to persuade you to take an offer of settlement without going through the claims process.

However, according to the Insurance Companies (Legal Expenses Insurance) Regulations 1990, you are entitled to choose your own solicitor and are under no obligation to use the solicitor that the insurance company offers you. In addition to this, what insurance companies might not want you to know is the fact that you could get 2-3 times more compensation if you refuse a pre-medical offer and use a solicitor for your claim.

The facts relating to this were produced in response to a Freedom of Information Request from the Financial Conduct Authority.

Could I Claim If Partially At Fault?

If you have been involved in a road traffic accident, and it was partly your fault, you may wish to consider the prospect of making a MORE THAN car insurance claim. This is because such claims could be settled with a split liability agreement. After all, an accident cannot always be blamed on one person. Sometimes numerous parties are to blame for what has occurred.

For instance, let us say you were driving along a busy road when another car pulls out of the road and hits the side of your vehicle. Now, if you were doing everything you should be, i.e. driving with proper care and observing the speed limit, the blame would likely be placed fully on the other driver. However, what about if you were speeding as well? If you were, this may have resulted in the other driver misjudging the amount of time that he or she had to turn out of the side road, and so the collision happened. In such a case, it may be determined that you were both to blame for what happened. 

Nevertheless, it is important to make sure that you do not get a ‘knock for knock’ and 50:50 split liability agreement mixed up. When liability is agreed on a 50:50 basis, it means both parties accept 50 per cent of the blame, which means they will both receive 50 per cent of the claim value. Nevertheless, it is worth noting that most cases are not 50:50, as the percentage is up for negotiation, and so it may be something more like 60:40, for example. With a knock for knock agreement, each insurance company involved would pay the losses that their policyholder has sustained, irrespective of who is to blame for what has happened.

What Should You Consider If An Insurance Company Makes You An Offer?

If an insurance company makes you an offer, it may be very tempting to accept it before giving it a lot of thought and consideration. However, it would be wise to take the time to mull over the decision and make sure the offer is right for you. Here are some of the things that you may wish to think about first:

• Remember, you would not have to accept any offer that has been made to you. The offer that is presented could be lower than what you would receive if you had gone to court or used a solicitor. This is why it may be advisable to look for legal help to aid you through the process.
• You should not feel like you are under pressure to make the decision quickly. From when the accident happened, you would normally have three years to make a claim. At the same time, we would not recommend leaving it until the very last minute, as this could cause you unnecessary stress.
• You would not be obliged to use a solicitor that the insurer offers to arrange for you. You could choose your own solicitor.

When Should I Accept A Pre-Medical Offer From An Insurance Company?

You may have heard of the term pre-medical offer, or pre-med offer before. A pre-med or pre-medical offer may be made by the defendant along with an admission of liability. This could be an offer for the claim to be settled in the very early stages before any medical assessment has even been sought. The reason an insurance company may do this is that they may want to save time and money. There could be a risk that you may end up settling for an offer that is lower than what you deserve if you accept a pre-med offer, however, and this is why we would advise you to speak to a legal professional before accepting.

Another point to mention regarding pre-med offers is that, by accepting such an offer, you would not be able to recover any other losses. This means you would not be able to claim for special damages like medical costs, travelling expenses, and loss of earnings. This is why some people may decide that it would be wiser for them to decline a pre-med offer. The decision, however, is entirely up to you.

Calculating Compensation For A Whiplash Injury

How much does car insurance pay for whiplash? This is one of the questions that we could be asked when it comes to making a claim for a whiplash injury. After all, you might want to know how much compensation you could receive if you decide to go ahead with a MORE THAN car insurance claim.

When determining whiplash insurance claim settlements, there may be lots of different factors that would be taken into consideration. For example, the severity of the injury would be considered, as well as any symptoms you experienced. As well as this, your prognosis would be taken into account. How is the injury going to impact the rest of your life? This is an important question that could be assessed when it comes to a MORE THAN car insurance claim for whiplash.

To help you get a better understanding of how much compensation you may be entitled to, we have compiled a table using data from the Judicial College Guidelines. We have done this rather than providing a personal injury whiplash calculator. The table should help you to get a rough idea regarding the sort of payout that you may be able to receive if you do decide to go ahead with a claim. However, if you would like more information, why not contact our team so they could get a better understanding of your case and provide situation-specific advice.

Other Compensation You May Be Eligible To Claim

It could be prudent of us to let you know that when it comes to determining how much compensation you could receive for your MORE THAN car insurance claim for whiplash, several factors could be taken into account. Firstly, you could be compensated for your actual suffering due to your injury. Secondly, you could also receive compensation for out of pocket expenses. These could include costs you have encountered due to the injury, such as hospital parking, travel expenses, prescription costs, loss of income and such like.

The important thing to remember with recovering such costs is that you need to evidence expenses and losses with receipts, bills and invoices. Therefore, keep a record of everything.

No Win, No Fee Whiplash Injury Claims Against A MORE THAN Insurance Policy

That is one of the great things about Legal Expert – our solicitors only work on a No Win, No Fee basis. This could eliminate potential financial implications should your case not end with a compensation payout. Choosing a personal injury lawyer working on this basis could benefit you in another way, as you would not have to pay anything upfront to begin your MORE THAN car insurance claim for whiplash. In terms of how much money the personal injury solicitor would receive should the case be a success, this will typically be a small percentage of your compensation, which would be detailed in a Conditional Fee Agreement you would be required to sign prior to the lawyer taking on your case. This percentage is legally capped, so you do not need to worry about your lawyer taking all of your compensation as a success fee. If a lawyer doesn’t manage to obtain compensation for you but your claim was valid, then the success fee would not be payable and nor would you have to pay any of the fees your solicitor has incurred in pursuing your case.

Start Your Whiplash Claim

Legal Expert was established several years ago, and we have successfully helped thousands of personal injury victims ever since. Some of them had suffered a whiplash injury and initially wanted to know how to claim compensation for whiplash against MORE THAN car insurance, just like you may have. We have the experience necessary to provide you with the guidance and support you may need. We also have a free helpline available, so you need not worry about spending money for a consultation merely to discover you may not have a case.

Our free helpline puts you in touch with one of our experienced and friendly advisors. They will answer all of your questions and if they believe you are likely to receive compensation, they could offer to match you to a quality No Win, No Fee personal injury solicitor who could handle your whiplash claim for you. The number to call is 0800 073 8804. Alternatively, you can use the live chat feature on our website to speak to one of our agents directly. We also provide you with the option to leave your details and we will contact you at a time that is convenient for you.

Where To Learn More

Whiplash Compensation Calculator – If you would like to get a better understanding of the sort of payout you may be entitled to, why not look at this guide that we have put together.

Whiplash With A Pre-Existing Medical Condition – If you already had a medical condition when you sustained whiplash, you may be wondering if you could make a MORE THAN car insurance claim. We have put together a guide to provide more information on this.

Proving A Whiplash Injury – In this guide that we have put together, we reveal everything you may need to know about how to prove that you have experienced a whiplash injury and, ultimately, strengthen your case.

Whiplash Treatment – This link takes you to the NHS website, where you will find plenty of information regarding the different treatment options that are available for whiplash.

Whiplash Injury Overview – You can use this link to find out more about whiplash as an injury, with information on the symptoms and how the injury happens.

Whiplash Claims Process – This is an insightful link that provides details from the UK Government regarding reforms that were put in place for the whiplash claims process in the UK.

Guide by Jeffries

Edited by Billing

Welcome to our guide about legal rights after a car accident. If you have been involved in a car accident, whether you were totally at fault, partly at fault or it was completely the fault of someone else, you may be wondering about what rights you have. This guide attempts to answer the question ‘What are my rights after a car accident?’, providing guidance and advice as to whether you could be eligible to claim compensation and how to go about doing so.

Included in the sections below is legal advice about what to do after a car accident in the UK, how and when to make a car accident report, and how you could find out whether you could be eligible for compensation. If you require clarification on anything contained within the sections below, or you’d like to start a personal injury claim, please do not hesitate to contact Legal Expert on 0800 073 8804. Before you call, however, you may wish to check through the sections below to see if we’ve already covered your questions about the claims process within this guide.

Select A Section

• • What Is A Car Accident Or Crash?
  • What Should I Do After A Car Accident?
  • Your Rights To Information About The Other Driver And Vehicle
  • Your Rights To Information If Injured In The Car Accident
  • Further Important Information To Collect After A Car Accident
  • Your Legal Right To Make A Claim
  • Your Obligation To Report The Accident
  • What Are My Rights After A Car Accident With An Uninsured Driver?
  • What May I Have The Right To Be Compensated For After A Car Accident?
  • Car Accident Compensation Claims Calculator
  • No Win No Fee Claims After A Car or Vehicle Accident

• Why Choose Legal Expert?
• Begin Your Claim
• Essential References

What Is A Car Accident Or Crash?

A car accident or car crash could cause injuries to drivers, passengers and pedestrians, as well as motorcyclists, cyclists and other road users. According to road accident statistics provided by the government, 1784 people were killed in 2018 on Great Britain’s roads. As well as this, there were a further 25,511 people seriously injured, with a further 133,302 people who suffered minor injuries.

Car accidents and crashes could happen in a number of different ways and could cause a number of different injuries. Injuries could be caused by incidents such as:

• A driver dangerously overtaking another vehicle
• A read end shunt
• A driver operating a vehicle at excessive speeds, giving no time to stop for hazards or perform manoeuvres safely
• A failure of a driver to correctly read road signs
• A failure to use a roundabout correctly
• Driving under the influence of drugs or drink
• Driving whilst using a mobile phone
• Lack of care and attention due to other distractions

A range of injuries could be suffered by those involved in road traffic accidents, from minor injuries such as sprains and strains, like whiplash, to serious, life-altering injuries, and in extreme cases, fatal injuries. However you have been injured in a car accident, if it was not your fault, you could be eligible to claim compensation. Car accident compensation could include damages for the injuries you’ve suffered and the pain that you have borne through your injuries, as well as compensation for financial losses or costs that have arisen because of your accident.

I Was Injured In A Car Accident That Was My Fault – What Happens?

UK drivers that cause their own accidents would usually only be able to make a claim on their insurance for their accidents, and their premiums may be affected as a result. However, if you are only partly at fault for the accident, and someone else was also at fault, you could be eligible to claim compensation for your injuries, although the amount of compensation you could receive could usually be lowered to reflect your involvement.

What Should I Do After A Car Accident?

If you have been injured in a car accident, the severity of your injuries would likely dictate what to do after a car accident in the UK. If you are seriously injured, it would be unlikely that you’d be able to do anything immediately other than receive medical attention at the scene. However, you may be with people who could help you take some of the following actions. If you are involved in a minor car accident with no damage to yourself or others, you could take some or all of the following actions yourself.

• Stop your vehicle – it could be considered a criminal offence not to stop at the scene of an accident
• Turn on your hazard lights to warn oncoming traffic, and switch off the car engine.
• Check for injuries to you, and other passengers. If you are badly injured, someone else may be able to call the emergency services but if you are not badly injured you could do this yourself.
• Call the appropriate police number (999 for emergencies, 101 for non-emergencies)
• Give your contact details/insurance details to those that require them, and get passenger, witness and other driver’s details where appropriate.
• Take photos of the scene if you are able.
• Contact your insurance company
• Write a car accident report for yourself (this could serve as a record that you can refer back to if you are asked any questions about the accident that you cannot remember the answers to).

Some common questions about your legal rights after a car accident that was not your fault could include:

Someone hit my car – whose insurance do I call? – If your car was hit by another driver, you may be wondering whether you should call your insurance company or the other person’s. We would advise you to contact your own insurance company as well as that of the other driver.

Some drivers may be reluctant to admit they were involved in an accident to their own insurance company, so it would be wise to cover all bases. You may be worried about contacting your own insurance company to report an accident in case your premiums increase, but it would be wise to let them know of any accidents so they could investigate from their end.

If the accident was proven not to be your fault, then your insurance premiums should not be affected by the accident.

Should I tell my insurance company about a minor accident? – you may be confused about what to do after a car accident in the UK that is only minor. We would advise you to contact the insurer to tell them about the accident, as you may not experience symptoms of an injury right away, and not reporting the accident could hamper your chances of receiving compensation that you could be eligible for.

How long do I have to report a car accident to my insurance company in the UK? – if you are in a car accident and no details were exchanged between you and the other driver, you should report the accident to the police within 24 hours.

Reporting to your insurer, however, would depend on your policy. While it would be wise to report an accident right away, there may be a ‘reasonable time’ indicated within your policy for you to report the accident within.

Your Rights To Information About The Other Driver And Vehicle

If you’re wondering about your rights after a no fault accident with regards to obtaining information on the other driver and the other vehicle, the information below may be of interest.

If you believe that someone else is responsible for your accident, then you have a right to ask for their details. You may also wish to collect witness details, passenger information and details of the vehicle’s owner if the driver of the vehicle did not own the vehicle.

If someone attempts to leave the scene after they have caused an accident, you may wish to call 999 right away to report this.

Your Rights To Information If Injured In The Car Accident

If you are injured in a car accident and cannot ask for details right away, you may worry about whether you could request this information later on. You do have the right to do so. Failure of the other person to provide such details without giving a reasonable excuse – such as if they were injured in the accident – could mean they are committing an offence.

Further Important Information To Collect After A Car Accident

As well as collecting insurance details of the other driver at the scene of an accident, and you’re considering your legal rights after a car accident, you may wish to consider noting down:

• The exact date and time of the accident
• Registration numbers of all vehicles involved, as well as those of witnesses. It could be useful to note down the make, the model and the colour of the vehicles too. If a commercial vehicle is involved, it may be a good idea to note down the company name and contact details.
• Details of the weather, light, and road conditions – It could be a good idea to note details such as this down in order so that other causes for a car accident could be considered or ruled out. For example, an accident may have been caused by a pothole.
• A diagram of where the cars were positioned during the crash – this could aid with working out who could be at fault for an accident.
• A list of the injuries suffered and any damage to surrounding objects as well as the vehicles involved.

While it may not be possible to write all of this information down at the time, you may be able to take photographs with a mobile phone or camera.

Your Legal Right To Make A Claim

While you could have legal rights if you are injured in a car accident that wasn’t your fault to claim compensation, you would not usually be entitled to legal aid. You must also claim before the personal injury time limit is up.

This is usually 3 years from the date the accident occurred but there could be some exceptions to this. You could make a claim by yourself by writing a letter to the insurer involved, but you could also use the services of a solicitor to claim for compensation, and we believe there could be benefits to doing so.

A solicitor with experience in handling this type of claim could not only help build a strong case for compensation, they could also help to access evidence such as CCTV.

They can also advise on any offer or compensation you could receive for your injuries to see if it could be appropriate for the extent of injuries sustained, or whether it could be a good idea to fight for more. In the relatively unlikely event that your case was not settled before it went to court, your solicitor could also help represent you in court.

Your Obligation To Report The Accident

We have covered some information to answer the question ‘What are my rights after a car accident?’, but what about your obligations?

If you have caused an accident you would have an obligation to stay at the scene of an accident for a reasonable length of time according to the Road Traffic Act 1988 (section 170) and you are obligated to also provide your details to anyone who has reasonable grounds to ask for this information. You are obligated to provide your name, and address, your vehicle registration and the name and address of the person that owns the vehicle if it is not you.

According to the Road Traffic Act we mentioned above, you would also have an obligation to report the accident if:

• Personal injury has been caused to anyone other than the driver
• You must report the accident to the police within 24 hours if you do not give your details at the time of the accident.

If you would like to know how to go about reporting a road accident, you may find this link useful,

What Are My Rights After A Car Accident With An Uninsured Driver?

If you have been hit by an uninsured or untraceable driver, and are wondering ‘What are my rights after a car accident?’, you could be under the misapprehension that you would not have the right to make a compensation claim.

However, you may be able to make a claim if someone else was at fault and either fled the scene and couldn’t be traced or was not insured to drive the vehicle they were in at the time of the accident. This is because these kinds of claims could be handled by the Motor Insurance Bureau. Keep this in mind when researching your legal rights after a car accident.

What May I Have The Right To Be Compensated For After A Car Accident?

If you’re wondering about your compensation rights if injured in a car accident, you might be surprised to find out that you could claim for more than just the injuries you sustained. As with all personal injury claims your compensation payout could include:

General damages – Your rights after a no-fault accident could include compensation for the injuries you’ve sustained and the pain and suffering you have gone through as a result. The amount of compensation you would receive for your injuries could vary depending on the severity and type of injuries you’ve suffered and the effects that they have had and are going to have on your life.

Special damages – If you’re wondering ‘What are my rights after a car accident if I’ve lost out on wages?’, then this type of loss could be covered under special damages. Special damages could be described as compensation payout for costs and losses you’ve experienced as a direct result of your accident and injuries. As well as wage loss, you could claim special damages for care costs as well as medical and travel costs, for example.

Car Accident Compensation Claims Calculator

As previously mentioned, you could claim compensation for injuries sustained in a car accident that wasn’t your fault, and the level of compensation you could receive would be based on the medical evidence collected by an independent medical expert.

You would be required to visit one as part of your claim. At your appointment, the medical expert may examine you and ask questions about your injuries. They may also send you for tests. Once all the medical evidence was gathered and assessed, a report would be written, and this report could help in valuing your claim.

It would be impossible, therefore, for us, or a personal injury claims calculator to tell you exactly what amount of compensation you’d receive. We can, however, offer an approximation of how much compensation could be appropriate for certain injuries.

The information below is taken from the Judicial College Guidelines and could give you a rough idea of the compensation settlement you could receive for your injuries.

No Win No Fee Claims After A Car or Vehicle Accident

If you are asking ‘What are my legal rights after a car accident in terms of getting a lawyer?’, it may be that you could be worrying you’d have to pay for such legal assistance upfront.

However, if you choose to work with a No Win No Fee personal injury lawyer for your claim, you wouldn’t be required to do so. Instead, you’d sign an agreement document called a Conditional Fee Agreement, which would detail how much of your compensation would be paid to your lawyer in the event of a successful claim.

This success fee is capped by law. If your claim did not result in compensation, even though it was a valid claim, then you would not have to pay the success fee.

All of the solicitors we could provide you with work on this basis, so you could begin your claim right away with no payment required upfront.

Why Choose Legal Expert?

We have many years of experience helping claimants to pursue personal injury claims for injuries they’ve suffered as a result of someone else’s behaviour or negligence. We’d be delighted to bring our experience to your claim. Our previous clients have attested to our commitment to providing guidance and support to them throughout their claims, and we believe we provide an unparalleled level of customer care to each and every claim we assist with.

Not only could we provide more information on your rights if you are injured in a car accident, but we could also provide a free, no-obligation assessment of your case to see if you could be eligible for compensation. If we think that you could benefit from the assistance of a personal injury solicitor, we could provide one to you. We can also advise on how to handle car insurance in the aftermath of an accident.

However, you do not have to use our services to benefit from our advice, and we put you under no pressure to begin a claim if you do not wish to go ahead. All of the guidance and advice we could provide to you comes with no pressure to use our services, and you do not have to take our advice if you do not want to.

Begin Your Claim

If you’d like to start your claim, or you’d like to ask us anything else about your rights after a no fault accident, then we’re ready and willing to assist and advise you. You can get in touch with the Legal Expert team on 0800 073 8804, or via email at info@legalexpert.co.uk. Alternatively, you could opt to use the live chat feature or contact form to get in touch. However you prefer to reach out to us, we’ll be happy to help you.

Essential References

Injured In A Car Accident – What Are My Rights To Compensation – This is the government’s page on claiming compensation.

The Road Traffic Act – Details of responsibilities in the event of an accident are detailed here.

Car Accident Statistics – 2018 statistics on UK car accidents.

Claiming Car Accident Compensation – More information on your rights after a no-fault accident could be found here.

Details On Claiming For Whiplash – Here, you can find more information regarding whiplash injury claims.

HGV Accidents – We cover information about HGV/lorry claims here.

Learn if you could claim if you were the victim of a hit and run in the UK with our helpful guide.

Written by Jo

Edited by Melissa.

Thank you for reading your legal rights after a car accident.

Here at Legal Expert, we aim to bring you advice and guidance on personal injury claims, and here, we bring you some information about a case in the news relating to a compensation claim made by a Ministry of Defence civil servant against the MoD that resulted in a back injury compensation payout totalling £202,000. Within this guide, we discuss this case, as it was reported in the media, and bring you guidance if wanting to make a neck and back injury claim for yourself, if you’ve been injured in an accident at work that was not your fault. At Legal Expert, we have years of experience in helping claimants who have suffered an injury at work claim the compensation they deserve. To begin a claim or for free legal advice, you can contact us on 0800 073 8804. However, you might wish to read more about this case, and about back injury accident at work claims in general before giving us a call.

Select A Section

• How Did This Claimant Suffer Their Back Injury Working For The Ministry Of Defence?
• What Circumstances Caused The Claimant To Suffer Their Back Injury?
• How Common Are Back Injuries From Manual Handling Accidents?
• What Back Injury Could This Claimant Have Suffered?
• What Settlement Was This Claimant Awarded?
• Back Injury At Work Damages Calculator
• No Win No Fee Claims For An Army Back Injury
• How Could Legal Expert Help Me Claim Against My Employer?
• Start Your Claim
• Essential References

How Did This Claimant Suffer Their Back Injury Working For The Ministry Of Defence?

Back injury

According to media reports, an MoD civil servant was paid out £202,000 in compensation for a back injury at work. All employers have a duty of care towards their employees to protect their safety and their health at work within reasonable measures. If they fail to uphold legislative health and safety laws, and an employee suffers an injury due to this negligence, then they may be held liable for an employee’s injuries.

What Circumstances Caused The Claimant To Suffer Their Back Injury?

The case study we mention reported that the civil servant in question developed back injuries from lifting a printer at work. It was not known whether they were trained in manual handling techniques or whether the job was risk assessed before they attempted to move the printer.

How Common Are Back Injuries From Manual Handling Accidents?

Manual handling injury statistics from the HSE reveal that in 2017/2018, there were a reported 469,000 workers that were suffering either new or ongoing musculoskeletal disorders. In 2017/2018, 40% of these musculoskeletal disorders reported were related to the back. According to Labour Force Statistics work-related musculoskeletal injuries/disorders account for 29% of all working days lost due to work-related ill health.

What Back Injury Could This Claimant Have Suffered?

Work-related musculoskeletal injuries or disorders can cause injuries not only to the back but also other limbs such as arms, shoulders and neck as well as injuries to the lower limbs. These types of injuries can cause problems with muscles, joints and tendons. The majority of musculoskeletal injuries tend to cause issues with the back. The injuries can be episodic or chronic, some clearing up after a short space of time while others taking much longer. Some will heal with exercise and slight stretches while other sufferers may need rehabilitation and physiotherapy. Muscoketal disorders can be closely connected with work activity, so workspaces and tasks must be assessed to ensure that no avoidable injuries could be caused.

Symptoms That May Require Urgent Treatment

While many back injuries from manual handling could be quite painful, they are not often serious, but in serious cases of back injuries the following could happen;

• Unexplained loss of weight
• Chest pain
• Swelling/deformity of the back
• Loss of control of the bladder
• Loss of control of the bowels
• Tingling/numbness of the buttocks or genitals
• Difficulty passing water
• High temperatures

Preventing Manual Handling Injuries

There are certain ways in which you – and your employer – could help prevent manual handling related back injuries. Initially, it would be best to avoid manual handling unless it was strictly necessary. If it was, then you should be provided with relevant manual handling training in safe lifting techniques. Risk assessment of the manual handling job should take into account the load in question, the capability of the worker tasked with the job and the environment the task is to be performed in. If possible, the load could be broken down into lighter sections or moved for less of a distance at a time, or someone else could help lift the load.

If an employer does not train you in safe manual handling techniques or does not risk assess a manual handling activity you are tasked with, and you suffer an injury as a result of this, you could be eligible to claim compensation for your injury.

What Settlement Was This Claimant Awarded?

The claimant in this manual injury claim was awarded £202,000. It was not made clear in the report whether this included special damages for loss of income, medical costs etc. When a claimant is awarded a compensation settlement it is often made up of two key areas; general damages and special damages. General damages take into account the pain and suffering along with loss of amenity. Specials damages take into consideration any financial losses that the injury has directly caused.

Back Injury At Work Damages Calculator

Are you wondering how much compensation for a back injury would be appropriate in your case? Back injury compensation payouts vary wildly between cases, as there are so many different types of injury you could have received, from a sprain or strain, soft tissue injury, muscle injury, spinal injury and more. All of these could vary in severity, and this could affect back injury compensation amounts vastly. You may have sought information from a personal injury claims calculator to get an idea of how much your claim could be worth, but it is worth noting that the figure you would get out of one of these calculators would only be a rough estimate. Your claim would not really be valued until such time as medical evidence from an independent party was collected and assessed. With this in mind, what we have done here is put together a table listing certain back injuries and amounts taken from the Judicial College Guidelines for specific injuries.

If you don’t know which of the back injury compensation amounts listed above could be appropriate for your case, then we could help with this over the phone if you’d like to get in touch with our team.

No Win No Fee Claims For An Army Back Injury

Whether you have sustained a back injury at work from no manual handling training or you’ve sustained another injury at work from an accident that could have been prevented if your employer had acted more responsibly towards your health and safety, having a solicitor on your side could be useful. Not only could they help build a case against your employer on your behalf, but they could also help you get the right amount of compensation for your injury. Utilising the services of an experienced lawyer does not mean you would have to pay your legal professional upfront. With no win no fee claims, you would not pay your lawyer until such time as your compensation payout had been paid. At the start of your claim, you would sign an agreement, often referred to as a Conditional Fee Agreement CFA, which would promise your lawyer a success fee (a percentage of your back injury compensation amount) on successful completion of your claim. If your lawyer was not able to get you a back injury claim settlement, but your claim was valid, then you wouldn’t have to pay them any success fee. To learn more about this, simply call the Legal Expert team. We’ll be happy to explain how to make a claim of this type in more detail.

How Could Legal Expert Help Me Claim Against My Employer?

Making a personal injury claim could be stressful, especially if you have no prior experience of dealing with claims before. If you are making a Ministry of Defence compensation claim, or a claim against another employer, you may be worrying whether you could be putting your job at risk by making a claim against them. If so, why not get in touch with Legal Expert? We could help take the hard work of claiming compensation from your shoulders, by assessing your case to see if you could be eligible for compensation and providing you with an experienced personal injury lawyer to help you if we feel you could have a claim. Your solicitor would be able to talk you through the reasons why making a back injury at work claim in the UK should not lead to you putting your job in jeopardy, and could also help build a case on your behalf that would be hard for the liable party to refute.

All our advice is free of charge and doesn’t come with any obligation to use our services to make your claim. Whether you are ready to begin a claim, or would like to know more about how much compensation for a back injury could be achievable, or you’d simply like to have your position clarified, we’d be delighted to help you.

Start Your Claim

For a free assessment of your situation, to be provided with a personal injury solicitor who could help you start a claim, or for more information on back injury compensation payouts that could be achievable, simply call the Legal Expert team on 0800 073 8804. Alternatively, you could email the team on info@legalexpert.co.uk, use the live chat feature we have on the site, or fill out our contact form. We are looking forward to helping you with your back injury claim.

Essential References

Source; https://www.dailymail.co.uk/news/article-536128/Soldier-fury-MoD-civil-servant-paid-202-000-compensation-office-injury.html

Back Injuries At Work Guidance – Our guide to back injuries at work could help you if you would like to make a claim of this nature.

Civil Service Claims – If you are attempting to claim against the civil service, then this guide could help.

Back Pain – HSE – Here, you can find out what the HSE says about work-related back pain.

HSE Statistics – Statistics from the HSE about work-related injuries could be found here.

• £12,000 Compensation For A Repetitive Strain Injury Claim
• £5,900 Compensation for a Broken Finger
• £13,500 Compensation For A Crushed/Smashed Finger Injury
• £80,000 Compensation For Serious Facial Scarring
• £14,000 Compensation Claim For A Pavement Accident Claim
• £249,000 Compensation For A Broken Pelvis
• £28,000 Compensation for a Broken Tibia
• £150,000 Compensation For A Broken Jaw
• £53,000 Compensation For Loss Of Sight In One Eye

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.

Select A Section

• A Guide To Workplace Accidents Working At Jaguar Land Rover
• What Is A Workplace Injury At Jaguar Land Rover?
• Accidents And Injuries Which Could Potentially Happen In The Workplace
• How Are Repetitive Strain Or Motion Injuries Caused?
• Slips And Falls On The Same Level Or From A Height
• What Are Musculoskeletal Injuries And Manual Handling Accidents?
• I Was Struck By A Moving Or Falling Object Can I Claim Compensation?
• What Are Machinery Related Accidents And Injuries?
• Workplace Vehicle Accidents
• Jaguar Land Rovers’ Duty Of Care
• Personal Injury Calculator
• What Can I Claim If Injured In The Automotive Industry?
• No Win No Fee Personal Injury Claims Against Jaguar Land Rover
• Contact Legal Expert Today
• Additional Resources

A Guide To Workplace Accidents Working At Jaguar Land Rover

Have 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.

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

• Manual Handling Accident Claims
• £4,700 Compensation For A Pulled Muscle At Work Accident
• Back Injury While Pregnant At Work – Can I Claim Compensation?
• £50,000 Compensation For A Knee Injury At Work Claim
• The Department for Work and Pensions Accident At Work Claims Guide

Edited By Melissa.

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.

Select A Section

• A Guide To Compensation Claim Time Limits In Malta
• Malta Time Bars And Limitation Periods – How Long Do I Have To Claim?
• What Accidents Could Happen On Holiday In Malta?
• How We Could Conduct A Claim For An Accident In Malta
• Duty Of Care For Your Injuries
• How Damages Are Estimated In Maltese Law
• Maltese Holiday Accidents – Personal Injury Claims Calculator
• Examples Of What You Could Be Compensated For After A Holiday Accident
• No Win No Fee Travel And Tourism Holiday Accident Claims
• How Our Team Could Help Victims Of Overseas Accidents
• How To Contact A Holiday Injury Claim Solicitor
• Related Guides And Contacts

A Guide To Compensation Claim Time Limits In 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:

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.

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 info@legalexpert.co.uk
• 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 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.

Select A Section

• A Guide To Limitation Periods For A Holiday Accident In Menorca
• Limitation Period For Holiday Accident Claims In Menorca
• What Is An Accident On Holiday In Menorca?
• How Are Claims For Accidents On Holiday In Spain Conducted?
• Duty Of Care and Spanish Law
• How The Spanish Baremo Quantifies Losses
• Accident On Holiday Personal Injury Claims Calculator
• Categories And Types Of Damages You Could Claim For
• No Win No Fee Claims For Holiday Accidents In Menorca
• How An Overseas Accident Claim Solicitor Can Help You
• Contact Our Team Of Specialist Solicitors
• Related Articles And Where To Get Help

A Guide To Limitation Periods For A Holiday Accident In Menorca

Personal injury time limits Menorca

Menorca is the 3^rd 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:

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:

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 info@legalexpert.co.uk. 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.