Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.
With Britain’s overcrowded prisons hitting record levels last year, concerns over the safety of both staff and inmates have grown.
The latest published prison population statistics show there are only just over 1,000 spaces left in men’s prisons, prompting former justice secretary David Gauke to release his Independent Sentencing Review (ISR) earlier than expected.
In the interim report, Mr Gauke says he is confronting ‘the consequences of decades of haphazard policy-making and underinvestment in the criminal justice system – bringing it to the brink of collapse.’
Mr Gauke says he is confronting ‘the consequence of decades of haphazard policy-making and underinvestment in the criminal justice system – bringing it to the brink of collapse.’
In September, the government’s SDS40 (standard determinate sentencing) scheme saw prisoners released just 40 per cent of the way through their sentence.
In the time frame, for every 100 people released from prison, 67 were recalled. Although Mr Gauke’s report does acknowledge that ‘factors including the introduction of a mandatory supervision period for shorter sentences, and heightened probation officer risk aversion… have contributed to this increase.’
But while the prison system undergoes review and reform, costs continue to be incurred – including compensation payouts to prisoners for injury claims.
To gain a full understanding of the scope of the issue, Legal Expert set out to uncover the true cost of prisoner injury claims
How Legal Expert Can Help
Here at Legal Expert, we can help anyone who has suffered a personal injury through no fault of their own. If you have suffered harm as a prisoner conducting work tasks, if you’ve been injured by staff, or suffered harm caused by another inmate, get in touch today for free advice.
How We Conducted Our Research
We sent out Freedom of Information (FOI) requests to the Ministry of Justice (MoJ) asking for the number of prisoner injury claims lodged in the last three years, broken down by UK prison and by year.
We also asked how many of those claims were settled and the total amount of damages awarded each year as well as the number of refused claims and the top injuries cited.
Results: Statistics On Prisoner Injuries and Claims
Prisoner injury claims in the UK have cost the MoJ an eye-watering £9.8m in the last five years.
The most common injuries were from prison bunk beds – resulting in £4.5m being paid to inmate claimants since 2022.
Some £2.8m was paid in damages settling claims related to slips, trips and falls and a further £446K was paid for asbestos-related injuries.
Have you suffered physical, psychological and financial harm because of a work accident that wasn’t your fault while on a job abroad? Our solicitors are experts at helping eligible claimants with accident working abroad claims, and this guide explains how they could help you.
We’ll start with some examples of claims for an accident while working abroad. Eligibility to start a claim is explained. How compensation could be awarded is described in detail, and we also detail the evidence you can gather to make your claim as strong as possible.
The final sections of our guide explain the advantages of working with our solicitors. They can offer qualifying claimants a type of No Win No Fee arrangement to commence their legal action. This avoids the need for upfront or ongoing solicitors’ fees and can help you fund your legal representation today.
Working abroad can cover a wide range of activities that may be essentially very similar to workplace activities in the UK. We look at some accident examples that might be encountered:
A member of the bar staff on a cruise ship suffered severe cuts to their hand while trying to load and unload defective work equipment.
A construction worker fell from an unsecured balcony on a site because safety guards were not put in place.
Workers on an oil rig were not provided with the correct personal protective equipment (PPE), and a worker suffered damage to his eyes trying to perform a task with no eye protection.
The tiles around a swimming pool area were left broken and unrepaired, which caused a holiday rep to stumble and suffer soft tissue lacerations and a fractured wrist.
As is the case in the UK, if you can link the injuries you suffered to some shortcoming in the health and safety standards required, you could have a legitimate claim. To discuss your particular circumstances and talk about accident working abroad claims, reach out to a member of our advisory team.
Am I Eligible To Claim If I Was Injured Working Abroad?
You could have a valid compensation claim for personal injury if your employer failed to ensure that your working conditions were safe and met required standards. To be eligible, the following must apply:
A duty of care protected you.
Your employer breached this duty.
You suffered harm as a consequence.
The Health and Safety at Work etc Act 1974 (HASAWA) binds all UK employers to adhere to certain health and safety standards. It also sets the duty of care that UK-based employers must comply with. Even if the physical location of your workplace is outside of the UK, your employer has a duty of care to take reasonable and proportionate actions to ensure you are protected from being harmed whilst performing your job. Amongst other things, this includes:
Regular risk assessments.
Proper training and provision of personal protective equipment (PPE) as required.
Giving clear health and safety advice.
Furthermore, there may be local laws regarding health and safety in that country that employers must ensure they comply with. With this in mind, if you feel that your employer failed to take commensurate actions and you suffered harm as a result, speak to our advisors about accident working abroad claims.
How Much Compensation Could I Get?
How much compensation you could get largely depends on the nature of your injuries, along with any financial losses they caused. For example, a very severe brain injury could be awarded between £344,150 and £493,000 (according to the Judicial College Guidelines). In addition to that, the injured party may need to be airlifted home and require lifelong care alongside major accommodation adjustments, pushing the overall settlement into the millions. However, if an employee abroad suffers a less severe arm injury, they could be awarded between £23,430 and £47,810 for the physical harm and have considerably fewer expenses.
Accident working abroad claims will be awarded compensation in the same manner as any other personal injury claim. Settlements could consist of both general and special damages. General damages allocate an amount to the physical harm, any long-term disability and psychological injuries caused by the accident. Special damages compensate for any financial hardships caused by the injuries.
To assess an amount for general damages, those involved will use medical evidence, such as medical records or the results of an independent medical evaluation, to help them. In addition to this, they might consult publications such as the Judicial College Guidelines (JCG). This document (in its 17th edition) applies guideline amounts to various injuries based on how serious or severe they are.
The table below illustrates some examples from the JCG (except the top entry). These are strictly guidelines. Please note that the best way to obtain an accurate idea of what compensation could be owed is to discuss your claim in detail with an expert. If you’d like to see whether our solicitors could take on your case, call the team.
Compensation Guidelines
INJURY
SEVERITY
GUIDELINE BRACKETS
Multiple types of injury and special damages for the lost income, care costs and medical bills.
Serious
Up to £1 million plus
Head/Brain
(a) Very Severe
£344,150 up to £493,000
(c) Moderate (iii)
£52,550 up to £110,720
Arm
(a) Severe
£117,360 up to £159,770
Neck
(a) Severe (ii)
£80,240 up to £159,770
Hand
(b) Serious damage to both hands.
£68,070 up to £103,200
Knee
(a) Severe (ii)
£63,610 up to £85,100
Eyesight
(d) Total loss of one eye
£66,920 up to £80,210
Psychiatric Damage
(b) Moderately Severe
£23,270 up to £66,920
Back
(b) Moderate (i)
£33,880 up to £47,320
A second category of loss often factors into the final compensation calculation. Special damages can be awarded to reimburse the claimant for the financial harm they suffered because of the injury. Evidence needs to be put forward to include this in a claim, such as:
Wage slips or statements that show how your income dropped or halted after the injury.
The costs of the private medical treatments you needed.
Long-term expenses for rehabilitation or disability needs.
Proof of the expense of paying others to care for you.
Evidence of additional childcare costs.
Travel expenses to vital appointments.
For more information, please speak to our advisors about calculating your accident at work claim or any aspect of international personal injury claims.
Who Would Be Responsible For Paying My Compensation?
Generally, an insurance company will be responsible for paying your settlement. You may think that if you make a successful personal injury claim against your employer, the compensation awarded would come out of their pockets. However, this is not the case. UK employers are required by law to hold Employers’ Liability Insurance, usually to a minimum of £5 million. If a claim against them is successful, the insurance company pays the compensation.
For personalised guidance on who might be liable to pay you compensation, speak to the team about accident working abroad claims. A friendly advisor can also help assess your eligibility, provide guidance on your next steps and give a more accurate estimate of the personal injury compensation you could be awarded.
What Evidence Is Needed For Accident Working Abroad Claims?
Evidence is required in personal injury claims that shows a breach of the duty of care caused the injury. With this in mind, it is useful to collect as much of the following as you can:
Photos of your injuries.
Copies of CCTV footage of the accident.
The contact information for others who witnessed the accident. This will allow them to be approached for a supporting statement in the future.
A copy from the workplace accident book that may be kept on the premises.
Reports from any emergency teams that attended the accident.
You might have other forms of evidence that could help strengthen your argument to be compensated. Why not see if our solicitors can cast their expert eye over your claim after an accident working abroad? Get in touch with an advisor today for a free consultation and if you meet the eligibility criteria, they can connect you to one of our solicitors.
Do I Have To Start My Claim Within A Time Limit?
Typically, there is a 3-year time limit in which to start accident working abroad claims. The Limitation Act 1980 sets the personal injury claims time limit. This typically begins from the date of the accident itself. Exceptions to this standard time frame are as follows:
Minors cannot launch a personal injury claim until they are 18, from which point the 3 year time limit starts.
Claimants who lack the mental capacity to claim themselves are not subject to a time limit. However, should their capacity return, they have 3 years to launch a claim from the date of recovery.
However, a litigation friend can manage a claim on behalf of an exempt injured party at any point during the limitation period suspension. To become a litigation friend, for example, to act on behalf of your spouse who suffered a serious brain injury, you would need to apply to the courts and they will appoint you as one. If you would like to discuss time limits, litigation friends or any aspect of claims for an accident working abroad, connect via the contact options above.
Can I Make A No Win No Fee Claim?
If you meet the criteria for eligibility that were explored above, you could start a compensation claim for an accident while working abroad with the support of a No Win No Fee solicitor. You don’t have to use the services of a solicitor, but it makes sense to see if they could help. Our solicitors can do the following:
Calculate the compensation you’re owed much more accurately than any online calculator.
Help you collect supporting evidence like witness testimony and medical findings from specialists.
Deal with all the correspondence and deadlines for any court requests as the claim moves forward.
Represent your accident abroad claim professionally at all times.
Keep you updated on your case.
Additionally, our solicitors provide these excellent services without creating yet more urgent or additional expense. Because they offer their No Win No Fee services under a Conditional Fee Agreement (CFA), you can take advantage of the following if your claim qualifies:
No requirement to pay for the initial solicitors’ fees to start work.
No solicitors’ fees for work moving forward.
No applicable fees for completed work if the claim is unsuccessful.
If the claim is a success, a nominal percentage is taken from the compensation. This amount can be agreed upon between the solicitor and you before the work starts.
In addition to this, the percentage that can be deducted as a success fee is capped by law. This ensures that the person claiming receives virtually all their compensation.
If No Win No Fee terms are of interest to you after an accident while working abroad, get in touch. Our team can assess the strength of your claim and potentially direct you to our solicitors to get started.
Contact Our Solicitors
Call our team on 0800 073 8804 about your workplace injury while abroad.
Send us a message using our online contact us form
You can also reach us online with our 24/7 live chat.
More Information
In addition to information on claims for accidents while working abroad, these other resources might be helpful:
In conclusion, thank you for reading this guide about accident working abroad claims. If you need any further information or support after being injured abroad, the team are happy to assist.
Care homes provide vital services to some of the most vulnerable people in society. They have a duty of care to ensure residents are given a level of care that meets with fundamental standards as set out by the Care Quality Commission (CQC). Correctly dispensing medication is one such responsibility. Medication errors in care homes can cause long-term health impacts for the resident involved. If this happened to you or a loved one, you could be owed compensation from the care home at fault.
Key Points To Remember When Claiming For Care Home Negligence
Care home staff are required to meet certain professional standards of care, and if they fail to do so, causing avoidable harm to a resident/patient, a compensation claim can apply.
Dispensing medication correctly is a key responsibility of care home staff.
A three-year time limit is allocated in which to start a care home claim, but this can be frozen if the person lacks mental capacity.
You can initiate a claim for a wrong medication error on behalf of someone else, like a relative.
One of our solicitors could help eligible claimants start their claims via a type of No Win No Fee contract that avoids immediate or ongoing legal fees.
Read on to learn more on how to claim. Or connect with us now for free guidance on claims for medication errors in care homes:
Claims for medication errors in care homes start with meeting three eligibility criteria:
The care home staff had a specific duty of care to provide proper care and treatment.
They fell short of this expected standard.
You (or a relative) experienced avoidable or unnecessary harm as a result of this.
If you meet these three criteria, you could have a care home claim and be owed compensation for the physical, psychological and financial harm caused.
As you read this guide, please feel free to connect at any point with our advisors on the number above for free and impartial legal guidance about anything raised.
Making A Care Home Negligence Claim For Someone Else
As we touched upon in our key takeaway section, there is normally a three-year time limit for starting a medication error claim as detailed by the Limitation Act 1980. However, this can be paused or frozen for minors (until they turn 18) and those who lack the mental capacity to claim independently (indefinitely).
If you need to claim on behalf of someone else, the courts may appoint you as a litigation friend. In this role, you can start a care home claim immediately and perform all the functions of the claim on the person’s behalf. This is often useful if compensation is being sought urgently for medical treatment.
Call our advisors if you’d like more guidance on the role of litigation friends or any part of the claims process after medication errors in care homes.
How Can Medication Errors In Care Homes Happen?
We explore some specific scenarios of harm caused by medication errors in care homes in the following section, but some general causes may be as follows:
Poor communication between doctors and care home staff.
Inadequate staffing and ineffective shift patterns.
Incorrectly trained (or untrained) staff are left in charge.
The frequency, strength or route to administering the drug is not double-checked for patient suitability.
Incorrect substitute drugs are administered.
When medication names are similar or abbreviated in a way that not everyone understands.
When there’s a failure to maintain the storage and equipment used for administering medication to the correct standards.
Common medication errors in care homes can differ greatly from person to person. If you’d like to discuss your particular situation and see if a claim can apply, call the team.
Different Types Of Medication Errors And Their Impacts
Below are some examples of how medication errors in care homes might happen in a way that presents grounds for a potential claim:
A doctor makes an error when prescribing medication to a resident. The resident fails to get better.
The correct dosage of medication may be administered to the wrong resident because of staff error. One resident is harmed and the other one fails to receive care. In cases of similar patient surnames, a ‘Name Alert’ procedure should be used to ensure the right resident receives their medication.
Due to lack of adequate supervision, the resident may fail to take their prescribed drugs or take too much medication, lose consciousness and suffer a head injury in a fall.
Because care home record keeping systems are not regularly updated, a resident continues to receive and take a drug that is no longer appropriate, causing them digestive and bowel injury.
Staff fail to consult patient notes regularly and monitor any adverse drug effects. Either immediately or over a prolonged period, the resident suffers a decline in health because of these medicine administration errors.
Stressed or over-worked care home staff simply forget to administer medication to a resident, impacting their recovery and patient safety.
The correct procedure for taking medication is not followed, such as not taking medication with food. This causes the patient harm like nausea and vomiting.
Over-the-counter medication is used alongside prescription drugs without checking any adverse drug reactions to the resident. They suffer kidney damage and a spleen injury as a result.
Staff should also check that the right medication is in the correct packaging and conforms with use-by dates.
The Consequences Of Medication Errors
Medication mistakes can cause an array of side effects that impact health and well-being. They can cause temporary or permanent health problems, including the following:
Simple antibiotics can cause reactions such as wheezing and breathing difficulties, so it’s essential that care home staff are vigilant in all the ways to reduce medication errors. If you feel your care home failed, speak to our team about what to do next.
How Much Compensation Could You Get For Medication Errors In Care Homes?
Claims for medication errors in care homes that are successful can mean an award that is made up of two heads of loss called general and special damages. Under general damages, a monetary amount is calculated that reflects the following:
The overall negative impact on the quality of their life.
Those involved in calculating general damages often refer to medical records to understand what effect the medication errors had on the claimant, along with the overall prognosis. In addition to this, they also consult publications like the Judicial College Guidelines (JCG) where various types and severity of harm are listed with a guideline award bracket.
These sums are based on successful claims made in the past. However, they are strictly guideline figures and the excerpt we have put together below includes a top entry that is not from the JCG:
Compensation Guidelines
AREA OF HARM
SEVERITY
AWARD GUIDELINES
Multiple forms of harm and awards under special damages for care costs and medical expenses.
Severe
Up to £550,000 plus.
Brain/Head
(b) Moderately Severe
£267,340 up to £344,150
Kidney
(a) Serious
£206,730 up to £256,780
Bowels
(a) Double incontinence and lost function
Up to £224,790
Bladder
(c) Serious
£78,080 up to £97,540
Non-Traumatic Illness to Digestive System
(i) Severe
£46,900 up to £64,070
(ii) Serious
£11,640 up to £23,430
(iii) Significant
£4,820 up to £11,640
(iv) Temporary
£1,110 up to £4,820
Asthma-like Symptoms
(d) Mild
£12,990 up to £23,430
Could I Claim Special Damages?
Special damages are the second category of loss that can form the total compensation award. This reimburses the person for any financial loss and monetary expense caused by the medication error. Special damages are only claimed alongside general damages and you would be required to submit documented proof such as:
Evidence of loss of earnings after the medication error.
Proof of any private medical expenses.
Receipts and invoices for essential care required after the error.
Proof of costs for specialist equipment.
Travel amounts for appointments.
Our solicitors know how to use documented proof like this to calculate the maximum compensation owed. If you’d like more guidance on how they approach claims for medication errors in care homes and how compensation is calculated, get in touch with our advisory team.
Why Make A Claim With Legal Expert?
Our solicitors have been confidently dealing with care home claims for decades. They have the essential expertise to help people just like you build a solid claim for compensation after a medication error. In addition to this, if they take up the claim you can expect:
Regular updates on the status of the claim.
A fully and accurately calculated idea of what compensation is owed.
Skilful negotiation on your behalf throughout the entire process, with all correspondence and court requests dealt with promptly.
A professionally presented claim at all times.
You or your loved one could focus on recovering from the medication error, safe in the knowledge that every aspect of your claim against a negligent care home is being properly handled. And they can do this in a way that does not add to your financial burden right now.
What Is A No Win No Fee Agreement?
Our solicitors can offer their services under No Win No Fee terms. This is a funding option that helps people access professional legal services without charge until the outcome of the claim is known. Not all solicitors offer their services in this way, but ours can offer a version called a Conditional Fee Agreement (CFA), which normally means:
You won’t need to pay upfront solicitors fees.
No solicitors’ fees apply as the claim moves ahead.
No solicitor’s fee applies for finished work on the claim if it fails.
A nominal percentage ‘success fee’ is taken from the compensation for winning claim outcomes.
A legal cap keeps the success fee percentage low.
This guarantees you benefit first and foremost.
In addition to this, you and your solicitor can agree on the success fee amount before work starts.
With all this mind, why not see if our solicitors can help you? Learn more about No Win No Fee claims for medication errors in care homes today:
Thank you for reading our guide about medication errors in care homes. If you would like to see whether you could go ahead with a claim or just have other questions, please connect with our advisory team for immediate assistance.
If you have suffered an injury whilst working in a warehouse or factory, understanding how to make a factory accident compensation claim is crucial. Our solicitors have expertise in helping people to make successful factory accident claims. They could guide you through the accident at work claims process, helping you to secure the compensation you deserve. In our guide we cover everything you may need to know about how to successfully make a compensation claim.
The Important Takeaways
Employers have a duty of care to take reasonable steps to keep workplaces safe.
There are various regulations and pieces of legislation designed to keep people safe at work.
Factory and warehouse accidents could happen in a variety of different ways.
Compensation may be awarded for pain, suffering and financial losses.
One of our expert solicitors could help you on a No Win No Fee basis.
Get help with your factory accident claim by contacting our advisors. If they think your claim is valid, they could connect you to our experienced solicitors.
If you have been injured in a factory accident, you may be able to claim compensation. A warehouse or factory accident claim is a way to seek compensation for injuries suffered in a workplace accident where an employer was at fault.
In order to claim compensation, you must meet the following eligibility criteria. These are that:
An employer had a duty of care to you. The main piece of legislation under which employers have a duty of care is the Health and Safety at Work etc. Act 1974.
This employer breached their duty, causing the accident.
You suffered physical or psychological injuries as a result of this.
You were injured in the last three years,
Factory injuries could range from minor lacerations and soft tissue injuries through to serious injuries such as chemical burns, head injuries and amputations.
What Is My Factory Or Warehouse Employer’s Duty Of Care?
As stated above, factory and warehouse employers have a legal duty of care. They must take reasonable steps to ensure workers’ safety.
Steps that employers may take to fulfil this duty of care could include:
Maintain a safe working environment – workplaces should be kept free from hazards, such as trip hazards. They should also regularly maintain facilities, equipment and machinery.
Provide adequate training – Inadequate training, such as failing to provide proper manual handling training, or in the use of dangerous machinery, could lead to workplace injuries.
Provide Personal Protective Equipment (PPE) – employers should provide PPE appropriate to workplaces, job roles and potential hazards.
Carry out risk assessments – employers should carry out regular risk assessments to identify potential hazards. They should subsequently implement measures to mitigate such risks.
Record and report workplace accidents – employers should keep an accident report book in which incidents are logged. Serious accidents and factory injuries should be reported to the relevant authorities, such as the Health and Safety Executive (HSE). This is the UK’s regulator for workplace safety.
Find out more about eligibility to make factory accident claims by contacting our specialist team.
What Are The Six Pack Regulations?
The ‘six pack’ regulations is a term applied to six workplace health and safety regulations which came into effect in the 1990’s, following European Union directives. The purpose of these six regulations is to protect employees in the workplace.
The six pack regulations are:
The Management of Health and Safety at Work Regulations 1999 – this clarifies employers responsibilities under the Health and Safety at Work etc. Act 1974. It includes requirements on providing relevant training to staff and to carry out risk assessments.
The Health and Safety (Display Screen Equipment) Regulations 1992 – this applies to those using equipment with display screens, such as computers, for significant periods of time. Employers must take steps such as offering eye tests, assessing workstations and providing appropriate equipment.
Employers can significantly reduce the likelihood of accidents by following health and safety measures set out in these different pieces of legislation.
Learn more about which health and safety regulations may apply to your workplace by contacting our team.
Common Causes Of A Warehouse Or Factory Accident
There are numerous potential hazards and causes of factory accidents. Understanding what these potential causes are can help employers prevent such accidents from taking place and help employees know when they could be able to claim compensation.
Slips, Trips Or Falls
Slips, trips and falls are one of the most common types of workplace accidents. According to HSE statistics, slips and falls on the same level account for 31% of non-fatal injuries at work. Trips and falls in factories and warehouses could be caused by spillages which have not been cleaned up, uneven floors or unmarked hazards, trailing leads and poor lighting on staircases.
Straining
Strains and sprains may be caused by overexertion or improper lifting techniques. They could occur when you have to lift or move a heavy object without proper training, equipment or help. They may also be caused by carrying out repetitive and awkward tasks or movements.
Crushing Or Trapping
Crush accidents may be caused by falling objects which have been improperly stored at heights. Workers may also suffer crush injuries due to the use of defective machinery. In addition, improper use of equipment such as roll cages and lift trucks could cause a worker to be crushed or trapped.
Burns
Burn injuries may be caused by exposure to hazardous chemicals, hot surfaces and open flames, or electrical burns due to an electric shock. A lack of protective equipment, faulty machinery or the improper handling of hazardous materials could all constitute hazards.
Chemical Or Dangerous Substance Exposure
Exposure to chemicals and other dangerous substances could lead to health issues ranging from skin irritation to respiratory conditions and even cancers. Common causes of exposure to dangerous substances could include improper ventilation, a lack of proper safety equipment or improper storage of chemicals. Workplaces should take steps, such as adhering to The Control of Substances Hazardous to Health Regulations 2002 (COSHH) regulations.
Hearing Loss
Workers in factories and warehouses may face exposure to sudden, loud bangs and noises. This can result in damage to the hearing, including partial or full hearing loss. Exposure can be caused by a lack of proper ear protection, such as ear defenders or poorly scheduled steam releases.
Injury To Eyes
Eye injuries may be caused by exposure to debris or harmful substances. Factors which could lead to eye injuries may include having no eye protection at work, defective equipment and inadequate safety measures.
Back And Neck Injuries
Back and neck injuries could be caused by manual handling operations, such as if you are twisting or jerking when lifting or otherwise moving items. Risk factors could include improper lifting techniques, a lack of lifting equipment and being asked to lift or move items which are too heavy.
Cuts, Lacerations Or Amputations
This may cover a wide range of injuries and degrees of severity. Cuts and lacerations may range from minor or modest injuries right through to deep wounds which damage tissue down to the bone. Cuts, lacerations and amputations could be caused by defective machinery and equipment, a lack of training or insufficient PPE. If a finger, hand or limb gets stuck in a machine, it could result in a traumatic amputation.
If you or a loved one has been harmed in a factory or warehouse, contact us to learn more about factory accident claims.
How Much Compensation For Warehouse Or Factory Accident Claims?
If you meet the eligibility criteria to make a factory accident injury claim, you may be wondering how much compensation you could be owed. Without assessing your individual circumstances, such as your injuries, we can not give a definitive compensation figure. However, we can tell you what will be considered when assigning value to your factory or warehouse accident claim.
Personal injury claims compensation may be awarded in two heads. These are general damages and special damages.
General damages compensate claimants for physical and psychological injuries they suffered in the factory accident. To work out what you may be entitled to, a personal injury solicitor (or other party involved in your claim) may review your medical records and compare these to guidelines from the Judicial College (JCG). This document provides a list of injuries alongside guideline compensation amounts.
Injury
Severity
Compensation Guideline
Multiple, serious injuries
Serious or severe
Up to £1,000,000+ with special damages.
Brain damage
A - very severe
£344,150 to £493,000
Paralysis injuries
B - paraplegia
£267,340 to £346,890
Deafness/ tinnitus
B - total deafness
£110,750 to £133,810
Neck injury
A - severe - (ii)
£80,240 to £159,770
Back injury
A - severe (ii)
£90,510 to £107,910
Injuries to elbow
A - severe, disabling
£47,810 to £66,920
Wrist injury
B - resulting in permanent disability
£29,900 to £47,810
Shoulder injury
B - serious
£15,580 to £23,430
Hip injury
C - Lesser injuries (i)
£4,820 to £15,370
Entries in the following table have been taken from the JCG with the exception of the top row. We present this figure to illustrate what may be awarded in a case of a severe injury where special damages were awarded.
How Can Compensation Help Me?
Successful factory accident claims may also be awarded compensation for the wider impact that an injury has had on a claimant. This head of claim is called special damages.
Whilst they are not automatically awarded (where general damages are) you could supply evidence such as:
Invoices showing medical or medication costs you have incurred.
Travel tickets showing the cost of getting to and from medical appointments.
Invoices which show domestic care you have had to pay for.
Medical invoices for prosthetic limbs.
Who Pays The Compensation For An Industrial Accident?
If you make a factory accident compensation claim against your employer, you may be concerned that your compensation will come from them and impact the company. Typically, compensation is paid out by their employer’s liability insurance.
There is a legal requirement for employers to have an insurance policy in place to cover claims made by employees for workplace injuries.
One of our team members could help to analyse your case and explain how compensation for factory accident claims may be calculated.
Examples Of A Factory Accident Compensation Claim?
Here we present examples of when factory accident compensation claims could be made.
Factory machinery accidents could include an employee suffering hand injuries if it is caught in machinery which lacks proper safety guards.
An employee could sustain a severe back injury caused by lifting and carrying heavy objects without proper lifting equipment or training.
A factory worker could suffer burn injuries caused by equipment malfunctioning and overheating.
A worker in a warehouse could be struck by a reversing lift truck vehicle due to lack of training and visibility for the driver.
Can I Claim On Behalf Of A Loved One Who Was Injured In A Factory Accident?
If a loved one, such as a minor under the age of eighteen or someone who does not have sufficient mental capacity to claim themselves, has been harmed in a factory or warehouse accident, you could claim on their behalf.
Those without the mental capacity to claim or minors are unable to take legal action themselves. Instead, a suitable adult may become a litigation friend and act in their interests.
Our team could provide further information and advice on when you could claim on behalf of a loved one harmed in a factor accident. Contact us to learn more.
What Evidence Do I Need To Support My Work Accident Compensation Claim?
A crucial part of any personal injury claim is having the right proof or evidence. A strong body of evidence strengthens your case and ensures that you are fully compensated. This means not just being compensated for your injuries but also your financial losses.
Essential evidence which can help prove compensation claims includes:
Accident reports. Records from your workplace accident report book.
Medical records. This may document your injury, how it was treated and whether you will recover from it.
Witness statements. You could collect details of anyone who witnessed the accident and who may later provide a statement.
Photos & video. These could show the scene of the incident and/or visible injuries.
Video.
A diary of symptoms. You could record the date, time and circumstances of your accident as well as notes on how your injury has affected you over time.
Having a strong body of evidence could make a significant difference to the outcome of your claim. You can get help gathering evidence for factory accident claims by contacting our advisors.
What Are The Time Limits For Starting Factory Injury Claims?
Another crucial factor you need to be aware of is the amount of time you have in which to start a claim. Under the Limitation Act 1980 claimants will generally have three years from the date of an accident in which to begin a claim.
In some cases, such as where you are claiming on behalf of someone else, this time limit may differ. For example, where a minor was harmed the time limit does not begin until they turn 18. Similarly, where a claimant does not have sufficient mental capacity to handle their claim, the time limit does not apply. It may be applied if they subsequently do regain their mental capacity.
To discuss time limits for starting factory accident claims, speak to a member of our team today.
Our No Win No Fee Factory Accident Claims Solicitors
We believe that whilst you do not have to use a solicitor when making a factory accident compensation claim, we believe that there are benefits to doing so. Our team understands that many people have concerns about the cost of taking legal action. As such, they could offer to take on your case under a Conditional Fee Agreement (CFA).
This means that you will not have to make any payments for their services unless you win your claim. You would also only pay for their services at the end of a claim with the fee (called a ‘success fee’) for their services being deducted from your compensation. Under law, there is a maximum percentage of your compensation which may be deducted.
If your claim is unsuccessful, there is nothing to pay for the work done on it. Hence, ‘No Win No Fee’.
Contact Us
No matter your factory or warehouse injury, we could help you claim compensation if someone else was at fault. Get in touch to learn more about claiming compensation on a No Win No Fee basis.
We hope after reading our guide you understand more about making warehouse and factory accident claims. Get in touch with our team to claim on behalf of yourself or a loved one.
Did you or your child suffer from injuries following a birthing trauma caused by medical professionals? If so, this guide will explain how you may be eligible to sue the NHS for birth trauma or claim compensation from a private healthcare facility with the help of our experienced medical negligence solicitors.
Key Takeaways On Suing The NHS For Birth Trauma
Birth trauma is a physical or psychological consequence of a traumatic birth. Both women and their children may suffer as a result of such trauma.
If a medical professional breached their duty of care, resulting in your birthing trauma, you may be eligible to sue.
Birth injury compensation awards depend on the extent of injuries sustained and financial losses incurred.
You typically have three years to start a medical negligence claim, although this rule has some exceptions.
Our experienced solicitors specialise in medical negligence claims and may help you claim compensation on a No Win No Fee basis.
To start your claim today, get in touch with our helpful advisors by:
The pregnancy and birthing journey is different for all women. However, some women or their babies may experience injuries and trauma during birth. Birth injuries are any form of physical or mental suffering a mother or baby may sustain as a result of a birthing procedure.
Babies may suffer from birth injuries such as brain damage, fractures or nerve damage. Whereas mothers may suffer from birth injuries such as post-natal infections, perineal tears or post-traumatic stress disorder (PTSD).
During labour and delivery, it is not uncommon for both mother and baby to suffer some form of injury. However, if you or your baby has suffered from a birth injury because you believe the healthcare team looking after you were negligent, get in touch with our helpful advisors today to find out if you are eligible to claim birth trauma compensation.
Can I Sue The NHS For A Birth Injury?
If you or your baby have suffered from a birth injury, you may be able to sue the NHS for birth trauma. However, you must meet the following eligibility criteria:
A medical professional must have owed you a duty of care
The medical professional must have breached this duty
This must have resulted in you or your baby suffering from avoidable or unnecessary harm
A duty of care is a specific legal obligation imposed on healthcare professionals who work privately and within the NHS. Healthcare professionals must meet the correct standard of care when treating their patients. If they are in breach of this duty during your birthing procedure, it may result in you or your baby suffering from avoidable or unnecessary harm, which you may be eligible to claim compensation for.
Healthcare professionals may be in breach of their duty during your labour for:
Failing to monitor the progression
Misinterpreting or misrecording results
Failing to attach or use equipment properly
Incorrect management of medication
Failure to report, diagnose or treat abnormalities
The Physical Effects Of Birth Trauma
The majority of birth traumas result in physical injuries sustained by a mother, baby, or both. Depending on the nature of the trauma, injuries may be mild or severe with corresponding levels of suffering.
Some examples of physical birth injuries mothers may suffer include damage to organs caused by negligent caesarean sections, post-natal infections, a retained placenta and nervous shock. Whereas babies may suffer cerebral palsy, erb’s palsy, brain damage due to a lack of oxygen, fractures, nerve damage and more.
The Mental Effects Of Birth Trauma
Traumatic birthing procedures can be frightening, stressful and worrying for mothers. Therefore, as well as potentially causing physical injuries, birth traumas may also result in mothers suffering from psychological injuries. Some examples of the mental effects of birth trauma include:
Contact our advisors if you or your child suffered from medical negligence and you think you have good grounds to sue the NHS for birth trauma.
Can I Sue The NHS For A Birth Injury On Behalf of My Child?
Under the Limitation Act 1980, you typically have three years to start a medical negligence claim when claiming for yourself. However, there are some exceptions to this rule.
If your child has suffered from a birth injury caused by the negligent actions of a medical professional, you may be eligible to sue the NHS on their behalf. However, you must act as alitigation friend during the claims process. Litigation friends are appointed to act on behalf of those who are unable to go through the claims process because they are either minors (under eighteen) or lack mental capacity.
For children, the three-year claim time limit will begin once they reach the age of eighteen. However, litigation friends may claim on their behalf anytime before this. Further, if your child lacks mental capacity, there will be no time limit on their claim unless they regain mental capacity.
What Kind Of Birth Injuries Could I Claim For On Behalf Of My Child?
If the negligent actions of a medical professional led to your traumatic birth, injuring your child, they may be entitled to compensation. Here are some examples of injuries you may claim on behalf of your child:
Brain damage – this may result in the baby suffering from a stroke or cerebral palsy due to a lack of oxygen in the brain
Erb’s palsy – this may be caused by shoulder dystocia
If you make a medical negligence claim on behalf of your child for trauma birth injuries and they are awarded compensation, you may ask ‘What happens to this award?’
Any compensation that is awarded to your child who is under the age of eighteen will go directly into a trust within the Court Funds Office. Once your child turns eighteen, they will have access to this reward.
What Happens To Compensation Awarded For Severe Injuries To Your Baby?
Your baby may have received a very serious birth injury. In these cases, typically the more severe the injury is, the greater amount of compensation. This will generally consider:
The impact on your life as a parent. For example, if you have to stop work due to needing to care for your child, you could be compensated for your income loss plus pension contributions.
Appropriate care and treatment for your child. This could include full time nursing care, home help carers, live in carers, and occupational therapies to help your child.
Home adaptations. For example, installing a wet room, wheelchair ramp, stairlift, or ensuring rooms are the right size to hold specialist equipment.
Specialist equipment and upgrades as your baby grows. For example, due to brain damage, your child may need a specialist bed and as they grow, this will need to become larger.
Every successful birth injury claim is unique. This means that the compensation awarded will be varied depending on the specifics of the case. Lump sums can be awarded to fund home adaptations or relocations as well as lost earnings. However, care costs could be awarded via periodical payments. This means that a payment will be made during each year of your baby’s life. Furthermore, as these periodical payments are index-linked, the amount will be adjusted as these costs change.
Get in touch with our friendly advisors to find out if you can sue the NHS for a birth injury on behalf of your child today.
How Much Compensation Could You Get For Birth Trauma?
If you or your child has suffered from a birth trauma, you may ask, ‘How much can you be compensated for a birth injury?’
The compensation you are awarded depends on the extent of your injuries and the financial losses this led you to incur. Therefore, medical negligence compensation is divided into two heads of claim: general damages and special damages.
General damages compensate you for the physical and psychological injuries you sustained. This head of claim is professionally calculated using documents provided by an independent medical assessor and guidelines presented by the Judicial College (JCG).
The JCG lists injuries and conditions accompanied by suggestive compensation brackets. The table below provides examples from the JCG, except for the top figure, of how compensation could be valued for birth injuries. However, these are guideline figures only; you are not guaranteed to receive these amounts.
Injury
Compensation Guideline
Multiple Severe Injuries and Significant Financial Losses
Up to £25 million or more
Very Severe Brain Damage
£344,150 to £493,000
Moderate Brain Damage (i)
£183,190 £267,340
Paraplegia
£267,340 to £346,890
Female Reproductive Injuries (a)
£140,210 to £207,260
Severe PTSD
£73,050 to £122,850
Moderate PTSD
£9,980 to £28,250
Serious Shoulder Injuries
£15,580 to £23,430
Noticeable Laceration Scars or One Disfiguring Scar
£9,560 to £27,740
Fractures to Tibia or Fibula or Soft Tissue Injuries
Up to £14,450
Does Medical Negligence Compensation Cover Financial Losses?
If you have incurred financial losses as a result of your birth injuries, you may be compensated for this under the head of claim special damages. However, you must have also suffered from a physical or mental injury.
Some examples of financial losses include:
Lost wages and income
Lost work benefits such as holiday entitlement, bonuses and pension contributions
Medical, recovery and travel costs
Costs towards home adjustments and special equipment
When claiming compensation for special damages, you must provide evidence of the losses you incurred, such as:
Payslips
Medical bills
Receipts
Contact our friendly advisors today for more information on birth injury compensation.
How Much Does It Cost To Make A Claim?
If you or your child sustained injuries following a traumatic birth, you may want to start a medical negligence claim to be compensated for the suffering this has caused. However, you may have many questions regarding the financial impact this may have on you.
Many people believe you must pay extensive fees when making a claim. However, with Legal Expert, you can get free legal advice when contacting us about the details of your medical negligence.
If your advisors determine that you meet the claims eligibility criteria, our solicitors may help you claim compensation on a No Win No Fee basis. Therefore, you do not need to worry about the cost of legal representation with our solicitors.
What Is A No Win No Fee Arrangement?
Our medical negligence solicitors operate on a No Win No Fee basis. They provide their No Win No Fee services under a Conditional Fee Agreement (CFA). This contract determines the financial side of legal representation and may benefit you in many ways.
If the claim has a successful outcome, your solicitor will take their success fee out of your compensation. This is a small percentage that is subject to a legislative cap. On the other hand, if your claim is unsuccessful, you are not asked to pay our solicitors for the work they have completed on your claim.
Contact our helpful advisors for more information on No Win No Fee claims or to start yours today.
How Can Legal Expert Help?
If you want to claim compensation for suffering caused by birth trauma, our solicitors at Legal Expert wish to help you if you are eligible to make a claim. Our solicitors may help you by:
Walking you through the birth injury claims process and providing independent legal advice
Explaining key legal terminology and documents
Explain birth injury compensation
Helping you obtain evidence and using this to build your case
Contacting third parties and negotiating settlements on your behalf
Get In Touch Today
To start your claim today, get in touch with our helpful advisors by:
Whether you were treated by the NHS or a private hospital, you should never be left suffering as a result of substandard care. In this guide, we’ll explain everything that you need to know about claiming compensation for ovarian cancer misdiagnosis, and how our expert solicitors could help.
Key Takeaways In Ovarian Cancer Misdiagnosis Claims
Can I Make A Claim For Ovarian Cancer Misdiagnosis Claim?
To be eligible to claim ovarian cancer misdiagnosis compensation, you need to be able to establish medical negligence. To explain what medical negligence is, we first need to talk about duty of care.
When you receive treatment from a medical professional, they immediately owe you a duty of care. This means that the care you receive must meet a minimum standard. This duty of care applies to all medical professionals, but different disciplines may need to follow different steps.
Harm can be unavoidable in some medical settings. For example, if you have cancer and need chemotherapy to recover, you wouldn’t be able to claim for the side effects of this treatment. This is because the harm is necessary to aid your recovery.
Our advisors can tell you whether or not you could have a valid ovarian cancer misdiagnosis claim when you get in touch.
What Is Ovarian Cancer?
Ovarian cancer happens when there are abnormal cells in the ovaries, and these grow uncontrollably into the surrounding tissue and organs. It can also spread throughout the body to other organs.
How Common Is Ovarian Cancer?
Ovarian cancer can affect anyone with ovaries, though the risk of developing it grows the older you get, with risk peaking between 75 and 79-year-olds. According to statistics published by Cancer Research UK, around 7,500 women are diagnosed with ovarian cancer every year in the UK. This makes it the 6th most common cancer in women.
Common Causes Of Ovarian Cancer Misdiagnosis
So, how could medical negligence result in an ovarian cancer misdiagnosis? Some examples of how this could occur can include:
You visit your GP surgery, showing clear symptoms of ovarian cancer. However, instead of ordering more tests, your doctor tells you it’s just period pain and sends you home. This delays your treatment and causes it to spread, making your symptoms worse.
A doctor misreads your test results that clearly show the presence of cancerous tumours in your ovaries, and they diagnose you with kidney stones instead. This allows the cancer to spread past the point of effective treatment.
When you express your concerns to your doctor, they tell you you are too young to have cancer, and misdiagnose you with PCOS without fully listening to your symptoms. This not only causes physical harm, but also affects your mental health.
If you can’t see what happened to you reflected in these examples, you may still be able to claim. Contact our team today to learn more.
What Could Ovarian Cancer Be Misdiagnosed As?
Ovarian cancer can be misdiagnosed as a number of different illnesses and conditions, including:
General damages provide compensation for the pain and suffering you’ve endured as a result of medical negligence. This includes both the physical and mental effects of the misdiagnosis, but it also includes loss of amenity, which essentially means the effect it has had on your quality of life.
When this head of claim is calculated, the Judicial College Guidelines can be used to help. This document lists common injuries and illnesses beside guideline compensation brackets.
The table below contains some examples of JCG brackets alongside the top figure, which isn’t from the JCG.
Injury
Compensation Bracket
Severe harm and financial losses, like lost earnings or the cost of mobility aids
Up to £1,000,000+
Severe Psychiatric Damage
£66,920 to £141,240
Severe PTSD
£73,050 to £122,850
Female Reproductive Injuries (a)
£140,210 to £207,260
Female Reproductive Injuries (b)
£52,490 to £124,620
Female Reproductive Injuries (c)
£68,440 to £87,070
Female Reproductive Injuries (d)
£21,920 to £44,840
Female Reproductive Injuries (e)
£8,060 to £22,800
Mental Anguish
£5,700
What Are Special Damages?
Special damages cover the financial losses that the misdiagnosis has caused you. Some examples of financial losses caused by ovarian cancer misdiagnosis can include the cost of:
To prove these losses, you can keep records of what you spend and save any relevant receipts, bank statements, or invoices.
Contact our team today if you’d like to learn more about compensation in cancer misdiagnosis claims, or keep reading for more information.
Time Limits In Cancer Misdiagnosis Claims
To make a valid claim, you need to make sure that you start proceedings within the time limit. This is generally three years, starting on the date that you were misdiagnosed, as per the Limitation Act 1980.
Alternatively, this time limit could begin on the date you first became aware that the harm you suffered was caused by a medical professional breaching their duty of care. This is often referred to as the date of knowledge.
However, you may still be able to claim if you fall outside of this time limit. There are some exceptions to the rule, which apply to:
Under eighteens: While under the age of eighteen, you can’t claim for yourself. However, a litigation friend can make a claim on your behalf at any time up until you turn eighteen. If a litigation friend doesn’t start proceedings, you can make your own claim between your eighteenth and twenty-first birthdays.
Those lacking the needed mental capacity: For those who lack the mental capacity needed to make a medical negligence claim, the time limit doesn’t apply, and a litigation friend can start proceedings at any time.
If you’d like to learn more about time limits in ovarian cancer misdiagnosis claims, contact our team today.
Funding Options In Ovarian Cancer Misdiagnosis Claims
Many people think that making a claim with a legal expert is expensive, but it doesn’t have to be. Our expert medical negligence solicitors all work under the terms of a Conditional Fee Agreement (CFA), which means that they can help you:
Collect evidence to prove your claim
Communicate with the defendant
Negotiate a settlement
Understand each step as it happens
File your claim within the time limit
All without asking for upfront or ongoing payment for their services. Under this type of No Win No Fee arrangement, your solicitor will only take a success fee if you make a successful claim. This fee is a small percentage of your compensation, which is capped by law and taken directly from what you receive.
Contact Us
To find out if one of our expert No Win No Fee solicitors could help you make an ovarian cancer misdiagnosis claim, contact us today by:
Losing a leg either traumatically in an accident or surgically following an accident due to the extent of your injuries can be devasting. You may be unable to participate in previous hobbies or return to work, leading to emotional distress and financial losses. Therefore, you may be wondering, ‘How much compensation for losing a leg could I claim?’. In this guide, we discuss when you could make a claim for personal injury compensation.
Key Takeaways In Leg Amputation Claims
Your compensation can depend on the placement of the amputation, the success of prosthetics, and psychological effects
If you can prove that you lost your leg as a result of the negligent actions of another, then you may be able to make a personal injury claim
Losing a leg can have a severe mental, physical, and financial impact
You could potentially make a claim on someone else’s behalf by acting as a litigation friend
A No Win No Fee solicitor could help you make a leg amputation claim
Keep reading to learn more, or get in touch with a member of our helpful team to get started by:
A common question that we receive is, “How much compensation could I get for losing a leg?” This can be a difficult question to answer, because the amount that you could receive is affected by factors such as:
How much evidence you have to support your claim
The level of amputation and disability
Whether you have success with prosthetics
Whether the other party accepts liability for your injuries
The way your injury has affected you financially
Because these circumstances can determine how much you receive, every payout is different. But all successful claims will result in general damages. This is one of two different types of compensation that come together to form your final payout.
General damages address the pain and suffering caused by your injuries, as well as loss of amenity. This means it takes into account the way the amputation has affected your ability to enjoy your life and hobbies.
When professionals value this head of your claim, they might use the Judicial College Guidelines (JCG), which is a document that contains a list of injuries and illnesses, including leg amputations, alongside guideline brackets of compensation.
In the list below, you can find some examples of these brackets that could be relevant to a leg amputation claim. However, please be aware that these are not guaranteed, and that the first entry is not from the JCG.
Multiple severe injuries with special damages – for financial losses such as lost earnings and medical costs – Up to £1,00,000+
Loss of both Legs – either both lost above the knee or one above and one below – £292,850 to £344,150
Below-knee amputation of both legs – factors such as associated psychological issues and phantom pains will impact the amount awarded – £245,900 to £329,620
Above-knee amputation of one leg – the level of amputation and any issues with the remaining stump will impact the compensation awarded – £127,930 to £167,760
Below-knee amputation of one leg – traumatic amputations from an accident are applicable to the higher end of this bracket – £119,570 to £162,290
Severe psychiatric damage – the prognosis, future vulnerability and effect on relationships will be taken into consideration – £66,920 to £141,240
Severe Post-traumatic stress disorder – permanent effects will prevent the person from functioning as they did pre-trauma – £73,050 to £122,850
Special Damages
Special damages are the second type of compensation that you could potentially receive. Losing a leg can have a significant impact on your finances, from paying for prosthetics to the cost of future medical treatments.
In some cases, you may able to claim these losses back under special damages, as well as the cost of:
Childcare
Lost wages
Prescriptions
Home adjustments
Mobility aids
Counselling
Evidence needs to be provided to be able to claim special damage for these costs. This could include payslips, invoices and bank statements.
To learn more about how much compensation for losing a leg you could potentially receive, contact our team today.
Who Can Make Leg Amputation Claims?
Now that we have discussed how much compensation for losing a leg you could potentially receive, you need to know when you could be eligible to make leg amputation claims. To form the basis of a valid claim, you need to be able to prove that negligence has occurred. In terms of personal injury law, negligence means that:
Someone else owed you a duty of care
This duty was breached
You were harmed as a result
Negligence can happen anywhere, from the workplace to a supermarket, as long as someone else owes you a duty of care. But what does this mean?
When you’re at work, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to keep you safe, as per the Health and Safety at Work etc. Act 1974 (HASAWA).
While in public, whoever is in control of that space owes you a duty of care. This means that they need to take all practicable steps to ensure your reasonable safety while you’re visiting the premises, as per the Occupiers’ Liability Act 1957.
All road users owe and are owed a duty of care. This applies to anyone using the roads, and it means that they need to prevent causing harm or damage. They must also adhere to the Road Traffic Act 1988 and the Highway Code,
Keep reading to see some examples of how a duty of care could be breached. Or, to find out how much compensation for losing a leg you could receive, contact our team today.
How Could Someone Lose A Leg?
Now we’ve explained what a duty of care is, let’s look at some examples of how a breach in this duty could lead to losing a leg.
At work: If you work with heavy machinery, it’s your employer’s responsibility to ensure that this is properly maintained. If your employer asks you to work with a piece of machinery that they know is defective or broken, and this results in you losing a leg, then you may be able to make a claim.
In public: A balcony railing in a public shopping center is broken. Management know this, but they do not attempt to have it fixed or signpost the danger to the public. This causes a shopper to fall through it, fracturing their leg so severely it must be amputated.
On the roads: While using a zebra crossing as a pedestrian, a car drives through a red light and hits you. This results in both of your legs being amputated.
The examples above are only a few ways in which negligence can occur. To find out if you have a valid personal injury claim, contact our team of advisors today.
The Impacts Of Leg Amputation
Losing a leg can have a severe impact on your physical and mental health, but it can also impact your finances. For example, leg amputation can lead to:
Out-of-pocket financial losses, for example, lost wages and the cost of prosthetic limbs
What Is An Interim Payment?
In cases where your claim has a high chance of succeeding, you may be able to apply for an interim payment. These are used to help those who have immediate expenses caused by their injuries by providing a percentage of the expected compensation upfront. Then, when the claim is resolved, the amount received as an interim payment is deducted from the final amount.
If you think you could be eligible for an interim payment, or if you’d like to learn more, get in touch with one of our advisors today.
Claiming On Behalf Of Someone Else
You might be wondering if you could make a loss of leg claim on behalf of someone else. In some cases, you may be able to claim on a loved one’s behalf as a litigation friend.
To act as a litigation friend, you need to be approved by the court. Then, it would be your responsibility to:
Act in the claimant’s best interests
Make all efforts to make the claimant aware of what’s happening, and find out how they feel about the proceedings
Communicate with and work with their solicitor
When Can You Claim For Someone Else?
You can act as a litigation for someone who:
Is under the age of eighteen, up until their eighteenth birthday
Lacks the needed mental capacity to claim for themselves
To find out if you could act as a litigation friend for someone else, contact our team of advisors today. Or, keep reading to learn more about making a leg amputation claim.
Why Work With Legal Expert On Your Claim?
We understand that the personal injury claims process can seem difficult, and that legal terminology can be overwhelming. However, you don’t need to go through the claims process alone; many people choose to make their claim with the help of a solicitor.
At Legal Expert, our solicitors have many years of experience in personal injury law. They can help you with every aspect of your claim, including:
Negotiating a settlement
Ensuring your claim is filed within the time limit
Gathering evidence to prove your claim
Communicating with the defendant
Arranging an independent medical assessment
Going to court, if this becomes necessary
And they can do all of this without taking any upfront or ongoing payments for their work. This is because our solicitors work on a No Win No Fee basis, and work with clients under a Conditional Fee Agreement. Under a CFA, you don’t need to pay anything for their work, and only pay a success fee if your claim succeeds. This fee is a small, legally-capped percentage of your compensation.
Contact Our Team
If you’d like to learn more about how much compensation for losing a leg you could potentially receive, or if you’d like to find out how our solicitors could help you, get in touch today by:
The latest data released by the Department for Transport in 2024 revealed that UK drink-driving deaths have hit a 13-year-high.
There were an estimated 300 deaths where at least one driver was over the legal blood-alcohol limit in 2022, the latest year for which official figures are available. This is the highest annual figure since 2009.
The number is 16 per cent higher than in 2021 and means drink-drive fatalities accounted for about 18 per cent of all deaths, bucking the general long-term trend for safer roads and more responsible driving.
Legal Expert’s Road Traffic Accident Specialist, Tracy Chick says: “It is deeply concerning that drink-drive-related deaths have reached their highest level since 2009. Anyone who drinks and drives is putting the lives of all road users at risk.
“The impact of drink-driving can be devastating not only for victims who have been killed or suffered life-changing injuries but also for the drivers facing serious legal consequences – it is such an avoidable offence and there is no excuse for drinking and getting behind the wheel.
“Throughout my legal career, I have worked with victims and families of drink-driving collisions and the impact is immense. Thankfully, I’ve been able to bring even a small comfort by securing them the compensation they deserve to help to start to rebuild their lives.”
How Legal Expert Can Help
Here at Legal Expert, we specialise in road traffic accident claims and have significant experience in cases involving drunk drivers. If you’d like free advice on your case, get in touch with us today. We provide a consultation where you can get guidance on your situation and your rights.
Get Help With Claiming Compensation For Drunk Driving Accidents
If you’ve been involved in a car accident with a drunk driver, then you could claim compensation for any injuries and damage to your property.
You can also contact us for free legal advice by calling us on the number at the top of this page.
How We Conducted Our Research Into Drink Driving Offences
Following an influx of inquiries from victims of drink-driving collisions from across the UK, Legal Expert set out to investigate to the extent of the issue and to find the most prevelant areas for drink-driving offences in the UK.
We sent out Freedom of Information Requests to every UK Police Force asking for the number of drink-driving offences recorded in the last three years (between December 1st – November 31st, 2021/22, 2022/23 and 2023/24).
We also asked of those, how many drivers were charged.
For the last year alone, 2023/24, we also asked for the age and gender of the suspect and the areas in which the offence took place.
See below for the results in your area.
The Results Of Our Research Into Drink-Driving
National Findings
UK’s 10 Drink-driving hotspots
Avon and Somerset Police
Avon & Somerset Police
No. of drink-driving offences (between 2021-2024) | 6,151
No. of charges | 3,400 (55%)
Most Common Age Group | 16-35 (48%)
Gender | Male 82%
Bedfordshire Police
Bedfordshire Police
No. of drink-driving arrests (between 2021-2024) | 1,763
No. of charges | 1,102 (63%)
For 2023/24:
Most Common Age Group | 16-35 48%
Gender | Female (88) | Male (426) 83%
Cambridgeshire Police
Cambridgeshire Police
No. of drink-driving arrests (between 2021-2024) | 1,881
No. of charges | 1,203 (64%)
Most Common Age Group | 31-40 32%
Gender | Female (288) | Male (1584) 84%
Cheshire Constabulary
Cheshire Police
No. of drink-driving arrests (between 2021-2024) | 3,160
No. of charges | 2,543 (80%)
Most Common Age Group | 26-35 (28%)
Gender | Female (199) | Male (751) 79%
Cheshire Drink-driving hotspots
Cleveland Police
Cleveland Police
No. of drink-driving arrests (between 2021-2024) | 1,736
No. of charges | 823 (47%)
For 2023/24:
Most Common Age Group | 31-40 (33%)
Gender | Female (128) | Male (463) 78%
Cleveland Drink-driving hotspots
Cumbria Constabulary
Cumbria Police
No. of drink-driving arrests (between 2021-2024) | 1,620
No. of charges | 1,214 (75%)
For 2023/24:
Most Common Age Group | 30-49 (50%)
Gender | Female (126) | Male (395) 76%
Devon and Cornwall
No. of drink-driving arrests (between 2021-2024) | 7,497
No. of charges | 4,703 (63%)
For 2023/24:
Most Common Age Group | 25-34
Gender | Female (593) | Male (2,232) 78%
Dorset Police
Dorset Police
No. of drink-driving arrests (between 2021-2024) | 1,752
No. of charges | 1,494 (75%)
For 2023/24:
Most Common Age Group | 25-34 (21%)
Gender | Female (90) | Male (463) 78%
Dorset Drink-driving hotspots
Durham Constabulary
Durham Police
No. of drink-driving arrests (between 2021-2024) | 1,951
No. of charges | 1,172 (60%)
For 2023/24:
Most Common Age Group | 30-39 (47%)
Gender | Female (153) | Male (464) 75%
Essex Police
Essex Police
No. of drink-driving arrests (between 2021-2024) | 4,623
No. of charges | 3,071 (66%)
For 2023/24:
Most Common Age Group | 31-35 (16%)
Gender | Female (295) | Male (1,198) 80%
Essex Drink-driving hotspots
Gloucestershire Constabulary
Gloucestershire Police
No. of drink-driving offences (between 2021-2024) | 1,604
No. of charges | 1,172
For 2023/24:
Most Common Age Group | 30-49 (49%)
Gender | Female (106) | Male (519) 80%
Gwent Police
Gwent Police
No. of drink-driving offences (between 2021-2024) | 2,008
No. of charges | 1,225 (61%)
For 2023/24:
Most Common Age Group | 26-35 (33%)
Gender | Female (69) | Male (545) 84%
Gwent Drink-driving hotspots
Hertfordshire Police
Hertfordshire Police
No. of drink-driving offences (between 2021-2024) | 2,621
For 2023/24:
Most Common Age Group | 25-34 (32%)
Gender | Female (115) | Male (478) 81%
Hertfordshire Drink-driving hotspots
Lancashire Constabulary
Lancashire Police
No. of drink-driving offences (between 2021-2024) | 4,948
For 2023/24:
Most Common Age Group | 31-40 (32%)
Gender | Female (985) | Male (3937) 80%
Lancashire Drink-driving hotspots
Lincolnshire Police
Lincolnshire Police
No. of drink-driving offences (between 2021-2024) | 2,488
No. of charges | 1,878 (75%)
For 2023/24:
Most Common Age Group | 46-55 (42%)
Gender | Female (133) | Male (638) 81%
Lincolnshire Drink-driving hotspots
Norfolk Police
Norfolk Police
No. of drink-driving offences (between 2021-2024) | 2,835
No. of charges | 1,752 (62%)
For 2023/24:
Most Common Age Group | 26-35 (30%)
Gender | Female (178) | Male (680) 79%
Northern Ireland (PSNI)
Northern Ireland PSNI
No. of drink-driving arrests (between 2021-2024) | 9,413
No. of charges | 7,805 (83%)
For 2023/24:
Most Common Age Group | 30-49 (55%)
Gender | Female (494) | Male (2080) 81%
Northern Ireland Drink-driving hotspots
Northamptonshire Police
Northamptonshire Police
No. of drink-driving arrests (between 2021-2024) | 2,936
No. of charges | 2,221 (76%)
For 2023/24:
Most Common Age Group | 26-35
Gender | Female (135) | Male (786) 85%
Northamptonshire Drink-driving hotspots
Northumbria Police
Northumbria Police
No. of drink-driving offences (between 2021-2024) | 1,237
No. of charges | 505 (41%)
For 2023/24:
Most Common Age Group | 26-30 (14%)
Gender | Female (34) | Male (160) 82%
Northumbria Drink-driving hotspots
North Wales Police
North Wales Police
No. of drink-driving offences (between 2021-2024) | 2,766
No. of charges | 645 (23%)
For 2023/24:
Most Common Age Group | 36-45 (37%)
Gender | Female (166) | Male (595) 78%
North Wales Drink-driving hotspots
North Yorkshire
North Yorkshire Police
No. of drink-driving offences (between 2021-2024) | 2,474
No. of charges | 1,687 (76%)
Most Common Age Group | 18-34 (47%)
Gender | Female (495) | Male (1,950) 79%
North Yorkshire Drink-driving hotspots
Police Scotland
Police Scotland
No. of drink/drug-driving offences (between 2021-2024) | 16,273
Most Common Age Group | 35-44 (29%)
Gender | Female (1,042) | Male (4,002) 79%
South Wales Police
South Wales Police
No. of drink-driving offences (between 2021-2024) | 3,333
No. of charges | 2,597 (78%)
For 2023/24:
Most Common Age Group | 25-34 (31%)
Gender | Female (244) | Male (743) 75%
South Wales Drink-driving hotspots
South Yorkshire Police
South Yorkshire Police
No. of drink-driving arrests (between 2021-2024) | 3,201
No. of charges | 2,440 (76%)
For 2023/24:
Most Common Age Group | 31-60 (67%)
Gender | Female (199) | Male (863) 81%
Staffordshire Police
Staffordshire Police
No. of drink-driving arrests (between 2021-2024) | 2,379
No. of charges | 1,615 (68%)
For 2023/24:
Most Common Age Group | 30-49 (50%)
Gender | Female (141) | Male (660) 82%
Staffordshire Drink-driving hotspots
Suffolk Police
Suffolk Police
Surrey Police
Surrey Police
No. of drink-driving arrests (between 2021-2024) | 3,007
No. of charges | 2,244 (75%)
For 2023/24:
Most Common Age Group | 30-34 (15%)
Gender | Female (140) | Male (568) 80%
Sussex Police
Sussex Police
No. of drink-driving arrests (between 2021-2024) | 2,887
No. of charges | 1,875 (64%)
For 2023/24:
Most Common Age Group | 31-40 (26%)
Gender | Female (123) | Male (473) 79%
Thames Valley Police
Thames Valley Police
No. of drink-driving arrests (between 2023-2024) | 2,150
For 2023/24:
Most Common Age Group | 30-39 (31%)
Gender | Female (325) | Male (1819) 85%
West Midlands
West Midlands Police
No. of drink-driving arrests (between 2021-2024) | 7,270
No. of charges | 4,303 (59%)
For 2023/24:
Most Common Age Group | 20-29 (35%)
Gender | Female (275) | Male (1998) 85%
West Yorkshire
West Yorkshire Police
No. of drink-driving arrests (between 2021-2024) | 7,254
No. of charges | 5,685 (78%)
For 2023/24:
Most Common Age Group | 18-34 (43%)
Gender | Female (419) | Male (1751) 80%
West Yorkshire Drink-driving hotspots
Wiltshire Police
Wiltshire Drink-driving hotspots
No. of drink-driving arrests (between 2021-2024) | 1,903
The distress and potential injury caused by surgical and medical negligence can turn lives upside down. If you received a level of healthcare that fell short of the expected professional standards, you might be owed damages for the harm caused. This guide will explain how to start surgery negligence claims for compensation against NHS or private healthcare providers.
Key Takeaways In Surgery Negligence Claims
If you receive substandard medical care and this causes harm, you could claim compensation.
The compensation is affected by the size of the harm caused and also by any claimable financial losses.
You will need evidence to prove your claim.
In general, you have three years to start your case, although there can be exceptions.
Our specialist medical negligence solicitors can help you claim on a No Win No Fee basis.
We offer a free case assessment, so if you would like to speak to a member of our team, you can:
Ring us on 0800 073 8804 to chat about your surgical or medical negligence claim.
Fill out the contact form to start a claim online.
Use the live discussion window to start the conversation.
Select A Part Of Our Surgery Negligence Claims Guide
The term ‘surgical error’ can be used to describe the following:
Procedures carried out in the wrong area of the body (wrong site surgery).
Correct procedures carried out on the wrong patient.
Incorrect dosages of anaesthesia or painkillers and other medication errors.
When surgical instruments, such as swaps, sponges or small tools, are left inside the patient.
Nerve damage caused by a mistake or an error during surgery.
Post-operative infections caused by poor dressing or lack of general hygiene in the area.
Lack of effective response to excessive bleeding.
Errors that arise from medical staff who are not correctly trained (such as misdiagnosis or failure to properly consult patient notes).
The circumstances of your surgery negligence claim might be different. Just check with our advisors for a free initial consultation.
Surgery Negligence Claims Criteria
As you consider seeking compensation for surgical or medical negligence, you need to meet the criteria to do so:
You were owed a duty of care
This duty was breached.
The breach caused you avoidable harm.
A duty of care applies to every patient receiving surgical care. This includes GPs, nurses, community care staff, surgeons or specialists. If you suffered harm because of a failure on their part to treat you correctly, you could have a valid basis for surgery negligence claims.
To meet their duty to you, healthcare professionals must provide you with the correct minimum standard of treatment or advice. This can include:
Taking an accurate history from the patient
Referring patients where necessary
Investigating all relevant symptoms that a patient presents with
Thinking about differential diagnoses
Providing adequate treatment
Following up on test results or scans
To see if you can claim, you can contact an advisor to discuss your personal circumstances.
Can I Claim For An Operation Gone Wrong Abroad?
Perhaps you sought a cosmetic procedure abroad and it went wrong? In cases like this, surgical negligence compensation can still apply. Healthcare providers around the globe are bound by standards of professionalism. However, making international claims may be more complex, so it’s a good idea to consult with our surgery negligence claims solicitors to see if they can help.
Our Research Into Surgical Errors
Our research has unearthed some facts about surgical errors:
In the last five-year period, 11,700 claims against NHS trusts were started for surgical negligence and 8,753 were successfully settled.
In this same period, the NHS had to pay over £1 billion in damages to claimants.
The most common cause of surgical errors was delays or failures in treatment, which was logged nearly 2,000 times.
Unnecessary pain was the most reported surgical error with 1,990 reported cases.
How Can Negligence In The Operating Room Happen?
The following are examples of negligence that can occur in the operating theatre:
A tired surgeon fails to check the correct location for surgery and carries out a procedure on the wrong limb. This delays treatment of the original issue and creates more pain and recovery for the patient.
Poorly trained healthcare providers administer the wrong amount of anaesthesia to a patient, and they regain consciousness during an operation. This causes the patient both significant harm as well as psychological trauma.
An undetected swab left inside of a patient after an operation creates an infection. Because of this, the patient required an additional procedure to remove it, which badly delayed their recovery time and overall well-being.
The NHS tries hard to deliver a standard of healthcare to all of its patients. You may feel sympathetically for over-stretched hospitals and reluctant to start a claim against the NHS. It is important to note that money to pay compensation to those who suffer medical negligence is set aside by the NHS each year. Your damages would not be paid out of front-line care.
Talk to our team about these concerns, and they will explain your potential options for starting surgery negligence claims.
The Potential Impacts Of A Surgery Gone Wrong
Incorrect surgery or medical treatment can create a wide range of problems for the patient:
They suffer additional harm on top of the initial health problem.
A delay in the recovery can occur.
A permanent disability can arise.
The patient suffers needless psychological distress.
They cannot return to work as expected and may suffer financially.
The patient experiences additional medical expenses like private care bills to correct the problem.
Fatal Surgical Errors
In some cases, surgical negligence can lead to a fatality. You can claim compensation for the pain and suffering experienced by a loved one who died. Under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), the deceased’s estate may be able to bring forward an action.
In addition to this, the Fatal Accidents Act 1976 (FAA), explains how certain qualifying relatives and dependants can claim for how the death has impacted them. Compensation can cover funeral costs, lost companionship and impact on the family unit as a whole. Additionally, under the FAA certain relatives also qualify for a bereavement award. This is set out as a lump sum of £15,120 shared between all the family members who successfully apply.
Please contact our advisors for further free guidance on surgery negligence claims and who can claim compensation after a fatal surgical error.
How Much Compensation Could I Get For An Operation Gone Wrong?
If your surgical or medical negligence claim is a success, the compensation might cover two areas of loss called general and special damages.
General damages compensate for the physical pain and emotional suffering the person endured. In addition to this, an amount may apply for any significant loss of amenity and long-term disability.
To calculate a monetary value for issues like this, those involved in the process will look at your medical evidence. They may consult documents that offer guideline amounts of compensation like the Judicial College Guidelines (JCG). This publication gives suggested award bracket amounts for diverse injuries. Importantly, the amounts are intended as a guide only.
Every medical negligence claim has factors that make it unique. Because of this, we recommend that you speak to our team to get a more exact idea of what could apply in your case. An excerpt from the JCG (except the top entry) is below:
Compensation Guidelines
INJURY
HOW SEVERE?
COMPENSATION GUIDELINES
Serious forms of multiple harm and Special Damages
Serious
Up to £1,000,000 plus.
Paralysis
Paraplegia
£267,340 to £346,890
Arms
(b) Amputation (i)
No less than £167,380
(b) Amputation (iii)
£117,360 up to £133,810
Leg
(a) Amputation (iii)
£127,930 up to £167,760
(a) Amputation (iv)
£119,570 up to £162,290
Psychological Harm
(a) Severe
£66,920 up to £141,240
Kidney
(c) Loss of Kidney
£37,550 up to £54,760
Spleen
(a) Loss of Spleen
£25,380 up to £32,090
Scarring
A group of small scars or single disfiguring scar.
£9,560 up to £27,740
What Are Special Damages?
Surgery negligence claims for compensation often include financial harm. Special damages are the head of loss where these amounts can be claimed back. It is necessary to present documented proof of financial loss caused by the surgery error. This might be:
Medical bills for treatment you had to pay for.
Proof of the costs for people to look after you.
Wage slips that indicate a drop or loss in income.
Receipts and tickets for travel expenditures to appointments.
The invoices or receipts for any modifications to your home or vehicle.
Special damages must be claimed in conjunction with general damages. So if you’d like personalised guidance on what out-of-pocket costs you could include in your surgical negligence claim, speak to us first.
Why Should I Claim With Legal Expert?
Our surgical negligence solicitors provide an array of excellent services to help people like you get the compensation you deserve. For example, they do this by:
Helping you collect supporting evidence like statements from witnesses or medical reports from specialists.
Calculating the potential compensation more precisely to include harm caused both now and predicted in the future.
Taking care of the negotiations with the other side and following the Pre-Action Protocol that applies.
Meeting any court-imposed deadlines.
Explaining the legal jargon and providing you with regular status reports about the claim.
While our solicitors take care of these details, you can concentrate on your recovery. Take a moment to see how you could benefit from advantages like these with your surgical or medical negligence claim.
Conditional Fee Agreements (CFA)
Another bonus is that our solicitors offer eligible claimants a way to access excellent legal representation without adding to their financial burden right now. By offering a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA), the person claiming can expect:
No solicitors fees to pay upfront.
No solicitors fees to pay as the claim advances.
Nothing is owed to solicitors for finished work if the claim is unsuccessful.
A success fee is deducted from the compensation if the claim wins. This is a restricted percentage taken after the claim settles.
Because the success fee is capped, the person seeking compensation in surgery negligence claims can confidently expect to receive the majority of the compensation awarded.
Advantages like this mean that a claimant could benefit from first-class legal representation without financial stress. Interested in learning more?
Ring us on 0800 073 8804 to chat about your surgical or medical negligence claim.
Fill out the contact form to start a claim online.
Use the live discussion window to start the conversation.
Learn More
As well as information on surgery negligence claims in this article, there’s more free information to help here:
In conclusion, we value your interest in this article about surgery negligence claims. Please reach out to advisors for any more guidance about legal fees and No Win No Fee claims for compensation.
When we go to the doctor, hospital or a medical professional, we expect that they will use their skills and knowledge to diagnose us quickly and accurately. While this happens for many patients, some are subject to mistakes, errors or other forms of substandard care. If you think this has happened to you or a loved one, this guide about lung cancer misdiagnosis claims will aim to answer any questions you may have about making a medical negligence claim.
Lung Cancer Misdiagnosis Claims – Key Takeaways
If you have received substandard medical care and this harmed you, you could be eligible for compensation.
Compensation can cover physical harm, psychological harm and financial losses.
You generally have 3 years to claim from when you realise that you suffered this harm.
There are many ways that a lung cancer misdiagnosis could happen, but not all of them will lead to a successful claim.
Our expert medical negligence solicitors can help you on a No Win No Fee.
Keep reading, or speak to our advisors at any time, 24 hours a day, 7 days a week:
Am I Eligible To Make A Lung Cancer Misdiagnosis Claim?
You can make a misdiagnosis claim if you can prove medical negligence. The criteria are:
You were owed a duty of care by a medical professional.
A healthcare professional failed to provide you with the minimum standard of acceptable care and, in doing so, breached their duty to you.
This breach caused you avoidable harm.
Medical professionals owe a duty of care to everyone they treat, so this part of the criteria is automatic. Determining if the duty has been breached involves proving that the care you received was below the minimum accepted standard. Some things that can be considered to help show the correct standard was not met can include:
The extensive case law established over years of legal cases involving medical negligence.
Meeting the correct standard could include:
Listening to a patient’s symptoms and medical history in sufficient detail.
Performing necessary tests such as blood tests, X-rays or other scans. This should also be in the correct time frame, as these can be required urgently in some cases.
Enquiring about relevant symptoms such as weight loss, fatigue or coughing up blood.
Correctly interpreting test results and making sure that errors or mistakes do not happen.
Following up on test results.
Not every case of lung cancer misdiagnosis will be negligent. Each case will be different and turn on it’s facts. If you think you may have a claim but are unsure, we offer a free case assessment, and there is no obligation to proceed. You have nothing to lose by finding out if you are eligible to claim. Use the details above to speak to our advisors to learn more.
Average Payouts For Lung Cancer Compensation
A common question about medical negligence claims is about the “average” compensation. Because claims vary so much, an average would tell you very little. However, we can tell you how general damages, the part of a claim that compensates for pain and suffering, would be calculated.
The Judicial College Guidelines (JCG) provide suggested compensation brackets for different types of harm. While they don’t guarantee anything, they can give an indication of the level of compensation for certain types of harm or injury.
Below are some examples of entries from the JCG and their compensation bracket (except the top entry, which is not from the JCG).
Injury
Severity (as per JCG)
Amount
Multiple Incidences of Harm and Financial Loss
Very Severe
Up to £500,000 or more
Lung Disease
(a)
£122,850 to £165,860
(b)
£85,460 to £118,790
(c)
£66,890 to £85,460
Asthma
Severe and Permanent Disabling Asthma
£52,550 to £80,240
Chronic Asthma
£32,090 to £52,490
Bronchitis and Wheezing
£23,430 to £32,090
Injuries Resulting In Death
Full Awareness
£15,300 to £29,060
Followed by Unconsciousness
£12,830 to £13,020
Immediate Unconsciousness/ Death after Six Weeks
£4,590 to £5,360
Factors That Can Affect Your Payout
We will look at how financial losses can be added to lung cancer misdiagnosis claims in the next section, but there are other factors that can influence the size of any payout. These can include:
How severe the harm is. As you can see from the table above, harm that is of a more serious nature will be reflected in a higher payout.
Loss of amenity (loss of enjoyment of life). Those who have had more of their life impacted, e.g. they have had to give up a hobby they loved because of the harm caused, can be awarded higher general damages to reflect this.
You may have suffered some harm even if the negligence did not happen. The defendant only has to compensate you for the harm they caused you. This is determined by medical evidence.
Whether the other side accepts fault or fights your claim. If your claim is disputed, then you may choose to settle without the risk of going to court and failing to win, which might mean your payout is lower.
The approach the parties take to negotiation. You may decide you want to settle the case quickly for personal reasons and decide to accept an offer that is less than the full value of your claim.
Special Damages And How They Relate To Your Claim
Special damages compensate for financial losses you can prove were caused by negligent medical treatment. For example:
Professional counselling.
The cost of travel to and from chemotherapy.
Domestic help or care and assistance.
Money to cover any accessibility adjustments needed for your home.
You can also claim for loss of earnings if you can show you couldn’t work because of a negligent lung cancer misdiagnosis. Evidence of this might include a medical report saying why you had to take time off and past payslips showing how much you usually earn.
How To Use Our Medical Negligence Compensation Calculator
You can use our medical negligence compensation calculator to get an estimate of the level of compensation that your case could be worth. It will ask questions about your case and the harm you have suffered to provide its estimate. It is just a tool for guidance and does not give a guaranteed or certain compensation figure.
Our skilled medical negligence solicitors can help value your claim if you are eligible. They can make sure that the correct amount of compensation is claimed by adding all losses that are applicable to the case. You can reach out to an advisor to see if you are eligible to start a medical negligence case today. Our details are at the top of this guide.
Common Reasons Why Lung Cancer Is Misdiagnosed
Lung cancer misdiagnosis can occur at any stage in the healthcare process, from initial checkups to patient aftercare. Here are some ways it could happen:
A failure to recognise symptoms – The medical professional may fail to take note (or enquire about) common symptoms that would lead to the correct diagnosis of lung cancer.
A failure to refer – A doctor might mistake lung cancer for another condition and fail to make a timely referral, causing an overall poorer prognosis for the cancer.
Incorrect test results – a patient could have their X-ray mixed up with another patient, and they are incorrectly diagnosed with bronchitis instead of lung cancer.
Incorrect diagnostics -The wrong diagnostic test was performed despite a clear need for the correct test to be administered.
A failure to act – A doctor could become distracted and fail to take action on the basis of test results. They could misplace the results, and several months pass before the error is picked up.
It is important to remember that for any of the above examples to lead to a claim, the care received must have fallen below the minimum standard expected. This list is not exhaustive, and there are other potential ways that negligence could occur. Contact us if you have any questions about your specific circumstances.
The Implications Of Lung Cancer Misdiagnosis
According to a 2024 Parliament research briefing, a diagnosis of lung cancer is one of the most dangerous. Fewer than half of afflicted people survive for more than a year. Fewer than a quarter survive for more than five.
The earlier it is caught, the better the prognosis tends to be. 90% of people diagnosed with stage 1 lung cancer survive for a year or more. At stage 4, the year survival rate falls to 21%. Correct and early diagnosis is key, while false or delayed diagnosis can be fatal.
A lung cancer misdiagnosis can prolong suffering by delaying the correct treatment. Negligent treatment can also allow cancer to develop to the next stage or even spread to other parts of the body.
How To Claim For A Wrongful Death Following Lung Cancer Misdiagnosis
If you have lost a family member or loved one due to medical negligence, you could potentially claim compensation.
Under the Law Reform Miscellaneous Provisions Act 1934 the deceased’s estate can claim for the pain and suffering experienced prior to death. Under the Fatal Accidents Act 1976 (FFA), those who qualify as a dependent can claim compensation for financial loss following the death of a loved one.
A dependant is defined in the FAA to include the following:
A wife, husband or civil partner (past or present)
A person who lived with the deceased as a spouse or in a spouse-like manner. This must have been for at least two years before death.
A child or other descendant of the deceased. This also includes those treated like a child by the deceased.
A parent of the deceased or any other ascendant. This includes those treated like a parent by the deceased.
A sibling, aunt or uncle of the deceased or any of their children.
You can read more about this topic in our guide about medical negligence causing death, or you can reach out to one of our sensitive and professional advisors.
How To Start A Medical Negligence Claim
You do not need to use a solicitor to start a medical negligence claim, but you may find that it is advantageous to do so.
There is a Pre-Action Protocol for clinical disputes (i.e. for medical negligence cases) that should be followed. This includes steps such as sending a letter of notification and a letter of claim. You could be claiming against the NHS or a private hospital, but the steps taken to claim do not differ. One of our experienced solicitors can handle these things for you if your case is accepted.
To be successful with your case there are some points that you will need to bear in mind, so let us look at some of those now.
Gathering Evidence – Medical Records, Witnesses, And More
You or your legal representatives must prove every part of your lung cancer misdiagnosis claim:
You were owed a duty.
This was breached.
The breach caused you to suffer avoidable harm.
To show each point, you can provide various documents and details:
GP records that could show the symptoms you complained of.
Hospital records.
Scan results and other diagnostic tests.
Expert testimony about the standard of care you were entitled to expect.
Witness contact details so a legal professional can take a written statement to support your case.
Receipts and invoices showing related financial losses.
Wages slips to prove loss of earnings.
How Long You Have To Begin A Claim
Under the Limitation Act 1980, you have three years to start a claim. This is usually from the date the negligence happened, although it could be several months before you realise that you suffered a negligent cancer misdiagnosis. In this case, you would have three years to start your claim from when you reasonably knew that you had suffered harm and that negligence had happened. This is called the date of knowledge.
If you are claiming for a deceased loved one, then the time limit is normally three years from the date of death to begin the case. This can also be three years from the date of an inquest that revealed medical negligence as the cause of death.
Other exceptions to the three year time limit are for minors (those under 18) and those who lack mental capacity to claim. Neither of these groups can bring their own claim and have to wait until they are 18 or until they regain mental capacity, respectively. The three year time limit starts to run at these points.
A litigation friend can be used to start a claim for a minor or someone lacking capacity before the timit starts to run. This is a suitable adult who runs the claim for them. It is usually a parent or guardian but does not need to be a family member.
No Win No Fee Agreements
Our expert medical negligence solicitors can help you on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). Under a CFA you:
Do not pay your solicitors fees prior to your case starting, as it progresses or if it fails.
Have a percentage of the compensation deducted to pay a success fee to your solicitor if you win your case.
Keep the majority of the compensation as the success fee has a legal cap on a percentage basis.
How Long It Can Take To Get A Compensation Payout
The timeline for medical negligence claims varies from months to years, depending on the type, complexity, and parties involved.
It is impossible to be more precise without knowing the exact circumstances of each case. If you wish to discuss this further, we recommend contacting our advisors using the details above. They can also answer questions about any part of this guide.
Why Choose Legal Expert For Your Claim?
The solicitors at Legal Expert are leaders in their field. They have several decades of experience standing up for cancer misdiagnosis claims, and they can use that expertise to:
Draft an effective Letter of Claim.
Gather the best evidence available.
Negotiate with your best interests in mind.
Provide expert legal advice every step of the way.
Strive for the maximum possible settlement.
There’s no reason to wait to start a claim. Contact our advisors today for a free initial assessment with absolutely no obligation.
Thank you for reading our guide to lung cancer misdiagnosis claims.
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