Author Archives: Patrick Mallon

About Patrick Mallon

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.

Everything You Need To Know About Car Accident Law

Car accidents happen every day, causing injuries and financial losses for those involved. However, many road users do not understand car accident laws or how they help to prevent accidents or support those who have suffered from one. Therefore, this guide will elaborate on such laws and explain how you may be eligible to make a car accident claim with the help of our experienced solicitors.

Key Takeaways

  • If another road user was responsible for your injuries, you may be eligible to claim compensation.
  • Car accident laws could be found in the Road Traffic Act 1988 and the Highway Code are in place to prevent accidents and ensure the safety of all road users.
  • After a collision with another road user, you are legally required to stop your vehicle at the scene.
  • If you fail to adhere to car accident laws, you may be fined. 
  • Our experienced solicitors may help you claim compensation on a No Win No Fee basis. 

To start your compensation claim today:

A red car collided into the rear end of a white car.

Jump To A Section 

  1. What Is A Car Accident?
  2. Car Accident Law – When Do I Need To Stop?
  3. What To Do After A Collision
  4. Can I Be Fined If I Don’t Follow The Right Car Accident Laws?
  5. What Are My Rights After A Car Accident?
  6. Learn More About Car Accident Law And Collision Claims

What Is A Car Accident?

A car accident is a direct vehicle collision that can have minor or catastrophic consequences. It typically involves two or more vehicles, but it may also constitute collisions between cars and pedestrians, cyclists, animals, or any objects that may obstruct our roads.

Unfortunately, car accidents often result in personal injuries, financial losses, and damage to vehicles and personal items. Therefore, it is important for all road users to adhere to car accident laws to avoid collisions and incidents.

All road users owe a duty of care to one another not to cause damage or injury. They can fulfil this duty by adhering to the Road Traffic Act 1988 and the Highway Code.

If you have been injured in a car accident, you may be eligible to make a road traffic accident claim with our solicitors if:

  • A road user owed you a duty of care
  • The road user failed to adhere to car accident laws, negligently breaching this duty
  • This breach resulted in your injuries

Is It Against The Law To Drive Without Wearing A Seatbelt? 

Under rule 99 of the Highway Code, you are required to wear a seatbelt if you are a driver or passenger of a car. Failure to do so is a violation of the Highway Code.

However, there are some exceptions to seatbelt laws, when you are not legally required to swear a seat belt, such as:

  • If you are travelling on public transport and a seatbelt is not present
  • When travelling in an emergency services vehicle
  • When reversing, this is to ensure you have a clear vision of the road behind you

If you are in a vehicle with minors, you must ensure they are sitting in a child’s car seat. This requirement applies until the child turns twelve or becomes taller than 135cm before that age. If a minor is above the age of twelve but smaller than this height, they must use a booster seat. 

If you were injured in a car accident, speak to our advisors to find out if you are eligible to claim compensation. 

A woman sitting in a blue car holding her neck after being in a vehicle collision

Car Accident Law – When Do I Need To Stop?

While driving your car, some situations may arise when you are legally required to stop your vehicle. This is in accordance with car accident laws; to protect the safety of all road users. Some examples of when you are required to stop include:

  • When you have been involved in a car accident that has caused damage or injury to anyone but yourself, under section 170 of the Road Traffic Act 1988, you are required to stop your vehicle at the scene of an accident you were involved in and exchange details.
  • If your car has a mechanical problem, it may jeopardise the safety of yourself and/or other road users. Therefore, you are required to stop your vehicle to prevent car accidents.

Under these circumstances, you should turn on your hazard lights to warn other road users that your vehicle has stopped to prevent causing harm to others. 

Whiplash Injury Law

Whiplash is a common injury caused by car accidents. The law surrounding such claims has recently changed with the introduction of the Whiplash Injury Regulations 2021.

When claiming for a whiplash injury, you must now meet the following eligibility criteria:

  • You must have sustained your injury as a driver or passenger of a vehicle
  • Your accident must have occurred in England or Wales
  • You must have been eighteen or over
  • Your injuries must be valued at £5,000 or less

If you meet this criteria and you are entitled to compensation, it will now be valued according to a fixed tariff set out in these regulations.

Further, if you have suffered from whiplash alongside other injuries, you should make your claim through the traditional claims process, as your injuries will likely be valued at more than £5,000. However, the whiplash tariffs will still apply.

If you were injured in a car accident, contact our advisers for a free consultation about starting a claim today.

What To Do After A Collision

If you are involved in a collision, the most important thing to do first is check if you are injured. If you are it is vital that you call emergency services to get emergency care. If it is safe to do so, check if others around you need any medical care. Next, if the accident scene is blocking the road it is advised to call the police to prevent any further accidents.

It is important to obtain the contact details, insurance details, and any registration numbers of those involved.

If you want to claim compensation for a car accident, there are also some things you can do to support your claim, such as:

  • Obtain the contact details of the third party and any witnesses to the accident
  • Obtain CCTV or dashcam footage of your accident
  • Take photographs of your injuries and vehicle damage 
  • Obtain a copy of your medical and police report

When Should I Call 999 For A Car Accident?

If you have been involved in a car accident, we recommend that you call 999 immediately. This is so you can receive help from the appropriate emergency services, such as:

  • The police: they may block off the road to prevent further harm and fill out a police report, which you could potentially use as evidence to support your claim.
  • Paramedics: they may examine your injuries and take you to the hospital if necessary. Here, you may also obtain a medical report that supports your claim.
  • Fire bigrade: If you have been involved in a serious car accident, you may need to be safely removed from the vehicle, or if the vehicle involved in the collision is causing an imminent threat to the surroundings of the accident, it may need to be safely removed.

Calling emergency services after a car accident not only protects yourself but also protects all road users from harm.

If you have been injured in a car accident, start a compensation claim with our advisors today.

Can I Be Fined If I Don’t Follow The Right Car Accident Laws?

The Road Traffic Act and the Highway Code are set in place to protect all road users. Therefore, if you fail to adhere to them, you may potentially face penalty points, fines, driving bans or imprisonment.

Some examples of how disobeying car accident laws may result in fines include:

  • Failing to wear a seat belt or to ensure the security of minors in motor vehicles. This may result in a fine of up to £500.
  • Failing to stop at the scene of a road traffic accident you were involved in. This may result in a fine of up to £5,000 and or a custodial sentence.
  • Failing to maintain the speed limit. This may result in a minimum fine of £100 or a minimum of three points and/or a custodial sentence.

For more information on car accident laws or fines, contact our advisors today.

A man lying on the ground after being hit by a white car that is driving on the pavement

What Are My Rights After A Car Accident?

If another road user’s negligent driving resulted in your injuries, you may have the right to make a road traffic accident claim to be compensated for your injuries and losses.

Under the Limitation Act 1980, you must file this within three years of your accident. However, there are some exceptions to this;

  • If the injured person lacks mental capacity and cannot pursue a claim, the time limit is indefinitely paused. However, if they regain mental capacity, the time limit will commence. This is recognised under the Mental Capacity Act 2005.
  • If the injured person is a minor, they cannot legally make a claim. Therefore, the time limit is paused until they turn eighteen years old and runs until they turn twenty-one.

When the time limit is paused a suitable adult can apply to the court to be a litigation friend and pursue a claim on the injured person behalf.

How A No Win No Fee Solicitor Could Help

If you have sustained injuries in a road traffic accident, our experienced solicitors may help you claim compensation. They are specialists in road traffic accident claims and can help you by:

  • Walking you through the claims process
  • Explaining any key documents or legal terminology
  • Building your case
  • Gathering evidence
  • Settling disputes on your behalf to avoid court proceedings

Further, our solicitors operate on a No Win No Fee basis. Therefore, you may be eligible to claim with them through a Conditional Fee Agreement (CFA). There are many benefits to this, such as:

  • You pay no upfront or ongoing payments for our solicitor’s work on your claim
  • Our solicitors will take a legally capped small percentage of your compensation for their work, if you are awarded compensation and your claim is successful.
  • If your claim is unsuccessful, you will not be required to pay for the work our solicitors complete on it.

To start your compensation claim today:

a solicitor sitting at his desk completing paperwork

Learn More About Car Accident Law And Collision Claims

Click on the following links to learn more about car accident laws and claims:

References:

We hope that this guide on car accident law was insightful and that you now understand how to start a claim with our experienced solicitors.

Learn How To Make Hand Injury Claims

If you have injured your hand and this was someone else’s fault, you might be entitled to claim compensation. There are a variety of accidents that could lead to a claim for personal injury damages. These may include road traffic accidents, those in the workplace or those in public places. In this guide about hand injury claims, we examine how and when compensation could be recovered.

Things To Remember In Hand Injury Claims

  • You could make a personal injury claim if someone else was at fault
  • Hand injury claims could be made in a wide range of different circumstances.
  • You could be compensated for your pain and suffering as well as financial losses.
  • You need to provide supporting evidence.
  • One of our expert No Win No Fee solicitors could help you.

Get in touch with our team today for more information on hand injury claims.

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How To Make Hand Injury Claims?

You must meet the relevant eligibility criteria in order to make any type of hand injury claim. There are some general criteria which all personal injury claims must meet. These are:

  1. That you were owed a duty of care.
  2. That the duty of care was breached by a third party.
  3. This caused you harm.

In the following sections, we look at different circumstances in which hand injury claims could be made and the eligibility criteria such claims must meet.

Accidents At Work

Under legislation such as the Health and Safety at Work etc. Act 1974, your employer has a duty of care to you. Per this duty of care, employers must implement reasonable measures to ensure your health and safety in the workplace.

Examples of workplace accidents could include:

  • There is a defective machine that is leaking oil. The machine is not repaired despite your manager knowing about the fault. You slip on the oil and land heavily on your hand.
  • A broken hand at work could be caused when you are hit by a crane that is negligently operated.

Road Traffic Accidents

All drivers and road users owe each other a duty of care. They must use their vehicles in a manner that does not cause harm. To comply with this duty of care, they must use the roads safely and adhere to the Highway Code and Road Traffic Act 1988.

The failure to do so could lead to hand injuries, such as:

  • If a driver fails to stop at a junction, they could collide with an oncoming vehicle. A collision could cause serious injury or nerve damage to the hand.
  • A driver may change lanes without signalling or checking their mirrors. The force of impact could result in broken bones in the hand.

Accidents In A Public Place

The entity in control of a public space, such as a restaurant, shop or leisure centre, is known as the occupier. The occupier may be a local authority, business, individual or other organisation. Under the Occupiers’ Liability Act 1957, this occupier has a duty of care to members of the public using this space. They must take reasonable steps to make sure that the space is safe to use for the purpose it is intended for.

Examples of how you could suffer a hand injury in a public place could include:

  • You trip over a defect in a public park that the occupier should have been aware of. You hurt your hand as a result.
  • You could suffer a finger injury if it is crushed in a faulty shop door which closed on your hand.

These are just some examples of circumstances in which you could be eligible to make a hand injury compensation claim. Please contact us if you have any questions about your individual circumstances.

Common Hand Injuries

The hand is an intricate appendage. It is composed of different types of nerves, tendons and ligaments, as well as different bones and joints. This can make injuries to the hands more complex than those to other parts of the body.

Hand injuries may include (but are not strictly limited to) the following:

  • Broken or fractured bones in the hands and fingers. These include those to the scaphoid, lunate, triquetral, pisiform and trapezium, as well as those to the phalanx and metacarpal bones.
  • Dislocations of bones in the hand or fingers.
  • Tendon or ligament injuries.
  • Other soft tissue injuries such as bruising, sprains, strains or tendonitis.

Please get in touch with our team for further information on different types of hand injury compensation claims.

An image shows an bloody and bandaged hand.

How Much Compensation Could You Get In Hand Injury Claims?

If your hand injury claim is successful, this will result in compensation. The size of the compensation you could be awarded may depend on the type of hand injury you suffered, how serious it was and what impact this had on you financially.

You may be awarded general damages that take your injury into account and special damages which account for expenses or losses related to the injury.

Your solicitor may refer to guidelines published by the Judicial College (JCG) to help value your injury. In the table, we take figures for hand injuries from the JCG apart from the first row in which we illustrate an award where significant special damages are taken into account.

Type of InjurySeverityAmount
Multiple hand injuriesSerious or severeUp to £500,000+ with special damages.
Hand injuryA - Effective/ total loss of both hands£171,680 to £245,900
B - Serious damage to both hands£68,070 to £103,200
C - Effective/ total loss of one hand£117,360 to £133,810
E - Serious hand injuries£35,390 to £75,550
G - Less serious hand injuries£17,640 to £35,390
H - Moderate hand injuries£6,910 to £16,200
Hand injuryK - Serious injury - ring or middle finger£12,590 to £19,940
R - Loss of the thumb£43,350 to £66,920
T - Serious thumb injury£15,370 to £20,460

Next, we examine special damages in more detail.

Can Special Damages Cover The Long-Term Financial Effects Of My Injuries?

Special damages are designed to take account of the different long-term effects of injuries. They could compensate you for financial effects such as the cost of medical treatment, the cost of travelling to medical appointments and loss of earnings. For example, if your finger was caught and crushed in a door, you may be unable to carry out your normal work duties during your recovery.

In addition, they may also take account of the cost of adapting your home or your vehicle. Please contact our team to learn more about how special damages may be calculated.

What Can Affect The Value Of An Injury Claim?

There are several factors which could impact how a personal injury claim is valued. Factors could include how severe the injury was, what impact it has had on your daily life and your ability to work and what expenses you incurred as a result of the accident. Compensation may also take your recovery time into consideration.

More minor injury claims may be awarded lower settlements, with higher settlements potentially being awarded for more severe forms of injury. A member of our team could help to assess how much compensation you may be awarded.

An x-ray shows a finger fracture.

I Injured My Hand, What Evidence Do I Need To Claim?

Collecting evidence in support of your claim is an important part of the hand injury claims process. Following your accident, your first steps should be to obtain medical treatment and ensure the incident is reported to the relevant party.

You should obtain medical treatment as soon as possible after suffering a hand injury. This may involve calling the emergency services, visiting an A&E department or going to your GP surgery. When you do so, you may request a copy of your medical records. These may be used as evidence of your injury, its severity and prognosis for recovery.

Accidents should be reported to the relevant party. Who they should be reported to will depend on the type of accident you were harmed in. For example, an accident at work should be reported to your employer. They should record this in the accident report book. It may also need to be reported to the Health and Safety Executive (HSE). Road traffic accidents should be reported to the police within 24 hours if they can not be reported immediately. Finally, if injured in a public place, your accident should be reported to the occupier, and they may have an accident book to record it in.

You should obtain a copy of any accident report, as this may be used as evidence in your hand injury compensation claim. Additional types of evidence you could collect may include:

  • Witness statements. You should collect the contact details of anyone who witnessed the incident take place.
  • Take a photo of the scene of the accident, its cause and your injury.
  • Proof of any special damages you may wish to claim for. This could include invoices to prove medical expenses or wage slips proving lost income.

Contact our team to get further legal advice on how to prove your compensation claim.

Why Should You Make A Personal Injury Claim With Legal Expert?

You are not legally required to claim compensation with a personal injury solicitor and have the right to do so without using one. However, we believe that there are benefits to working with a specialist solicitor.

A personal injury solicitor from Legal Expert will have years of experience in handling cases similar to your own, bringing this experience to your claim. They could explain any complex legal or medical terminology used and could help to guide you through the hand injury claims process.

If you are concerned about the potential cost of working with a solicitor, they could offer to take your claim on through a No Win No Fee arrangement.

What Is A No Win No Fee Arrangement?

If you choose to make a No Win No Fee hand injury claim with one of our solicitors, they could offer you a Conditional Fee Agreement (CFA). This is a way for people to make a claim without the need to make upfront payments for the solicitor’s services. You will not need to make any payments for their services whilst the claim is underway, as it progresses or if it fails.

If your case is successful, your solicitor will charge a success fee, which is deducted from your compensation. The percentage which may be deducted is restricted by law.

Get in touch today to see if you are eligible to claim compensation.

Personal injury lawyers who are experts in hand injury claims work on a case.

More Information On Claiming For Limb Injuries

We have added guides on related subjects from across our site, as well as external informational resources and references.

References

  • Find information on tendon hand injuries in this NHS guide.
  • View advice on dealing with hand pain in this NHS guide.
  • View information on Statutory Sick Pay at this government resource.

We appreciate you reading our guide about hand injury claims. Please contact our advisors if you have any further questions about the claims process.

How To Make Anaesthetic Negligence Claims

Have you had an operation that has gone wrong? Did you suffer harm because the anaesthetist made an error? In this guide, we are going to examine the process of making anaesthetic negligence claims.

Throughout this medical negligence claims guide, we will explain what types of anaesthetics there are, provide examples of situations where things could go wrong and the potential consequences that anaesthetic negligence can have. Very often, when making a compensation claim before you begin, you may want to know how much compensation could be awarded should your claim be successful. For that reason, we have included a compensation section that looks at how medical negligence payouts are calculated.

In the final sections of this guide we are going to provide you with examples of pieces of evidence that you could gather in support of your claim and look at how one of our medical negligence solicitors could represent you on a No Win No Fee basis.

To discuss the matter further, don’t hesitate to get in touch with one of our team for a free, no-obligation consultation.

Surgeons in surgery administering the wrong anaesthetic

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Who Could Make Anaesthetic Negligence Claims?

So, who is eligible to make an anaesthetic negligence claim? A medical negligence claim of this type can be made if a medical professional does not deliver the correct standard of care when treating you as a patient.

In the medical profession, each medical professional owes a duty of care to the patients that they treat. This means they must at all times deliver the correct standard of care that is expected from them. If they fail in this regard, they are said to have breached their duty of care. A patient who has suffered harm due to the consequences of this breach has the right to seek compensation.

In order to make anaesthetic negligence claims, the following criteria must be met.

  • An anaesthetist owed you a duty of care
  • The duty of care was breached. An example of this could be if the medical professional administered too much anaesthesia 
  • As a result of the breach, you suffered harm, such as brain damage

Call our team today to see if you can make an anaesthetic negligence claim.

Are There Different Kinds Of Anaesthetic?

Different anaesthetics can be used in a variety of medical situations. 

Types of anaesthesia are:

  • General anaesthetic – Used for major surgery as it causes the patient to be unconscious and unable to feel anything
  • Local anaesthetic – this makes a patient numb in the exact area where the operation is taking place. This allows the patient to be awake when the procedure is happening.
  • Epidural – this involves injecting the anaesthetic into the sac around the spinal cord, which in turn numbs the back and lower limbs, often used in childbirth.

To see if you could make an anaesthetic negligence claim, contact us for a free consultation.

The Consequences Of Anaesthesia Negligence

If you are unlucky enough to have suffered from anaesthesia negligence, then you will be aware that this can be life-changing. 

Examples of such consequences include:

  • An anaesthetist administers the wrong dose of anaesthetic. If the dose is lower than required, then this could result in the patient suffering pain
  • A higher dose of anaesthetic is administered, resulting in permanent damage to internal organs
  • If an epidural has the wrong placement, this can result in the patient having permanent spinal cord damage and life-changing disability.
  • Anaesthetic drops being used in an eye surgery have not worked, causing pain during the procedure and resulting in permanent blindness.
  • The anaesthetist did not consult the patient’s medical records and, therefore, did not see that they had an allergy to a certain type of anaesthetic. This left the patient to suffer a severe allergic reaction. This could cause post-traumatic stress disorder.

This list is not exhaustive. There are many other types of anaesthetic negligence. To find out more about the claims process, call our team to discuss anaesthetic negligence claims. 

Fatal Anaesthetic Negligence Claims

The risk of losing your life from anaesthesia is very low. Statistics show that the likelihood of losing life whilst under anaesthetic is less than 1 in 100,000.

What Is Anaesthetic Awareness?

Anaesthetic awareness is a complication that can occur whilst a patient is under general anaesthetic. It is when the patient regains consciousness during their surgery. This can occur when a patient has not been provided with enough anaesthetic to put them in a safe and deep enough state of unconsciousness.

Examples of how anaesthetic awareness can happen:

  • If the equipment (syringe, tube, needle) that has been used to administer the anaesthetic is faulty
  • Failure to consult the patient’s medical records, missing the fact that the patient has increased resistance to general anaesthetic, resulting in the patient waking up during their operation 
  • Not using enough anaesthetic for the patient to be fully unconcilous during their procedure. 

If this has happened to you, you may be able to make a medical negligence claim. Call our team for a free, no-obligation chat.

How Could Anaesthetic Awareness Affect You?

If this has happened to you, it can be a traumatic experience, not only leaving you with the possibility of having to have the procedure at another time, but it could possibly leave you traumatised. This could cause a post-traumatic stress disorder

Being traumatised by anaesthetic awareness, you could be put off having surgery ever again, which in turn means your health could be a lifelong issue.

If this has happened to you and you would like to talk to someone about a possible anaesthetic awareness case, call our team for a free, confidential consultation.

Compensation In Anaesthetic Negligence Claims

Compensation for any claim is divided into sections. There are general damages and special damages. General damages are for your injury, pain, suffering and loss of amenity. 

When valuing an anaesthetic negligence case, we use a tool called the Judicial College Guidelines (JCG). This provides us with guidelines that assist in valuing each individual injury and/or condition that you may have suffered. Please note that the top figure in the table has not been taken from the JCG.

Injury Severity Amount
Multiple conditions, including additional special damages Most severe Upto £1,000,000 plus
Brain damage Tetraplegia (also known as Quadriplegia) £396,140 to £493,000
Brain damage Paraplegia £267,340 to £346,890
Brain damage Shorter Durations £60,210
Bladder Double Incontinence Up to £224,790
Bladder Complete Loss of Function Up to £171,680
Bladder Seriously Impaired Control £78,080 to £97,540
Post-traumatic disorder Severe £73,050 to £122,850
Post-traumatic disorder Moderately Severe £28,250 to £73,050
Post-traumatic disorder Moderate £9,980 to £28,250
Whilst special damages are not always a factor, they can be a major part of a claim. Examples of special damages could be
  • loss of earnings – the severity of your condition can prevent you from returning back to work, and this would be a significant financial loss. This is discussed in more detail in the next section
  • medical treatment that is needed could be physiotherapy that is required following damage to the brain as a result of medical negligence
  • care and assistance – if the injury is of the most severe, you may even require a house manager who would have to tend to your everyday tasks, including cleaning, washing, paying bills helping with anything that you are unable to do because of the medical negligence

If there is a financial loss of any kind, we could put forward a claim for special damages.

If you would like to discuss a condition that you have suffered, please call our specialist team to discuss how we could help.

Money that can be recovered a loss of earnings from a medical negligence compensation claim

Can I Claim For Lost Earnings As Part Of My Medical Negligence Compensation?

If you have suffered medical negligence and have needed to take time off work to recover, it could be possible to re-coup the lost earnings as part of your special damages.

In order for us to recover loss of earnings the defendant would request documentation to prove your loss. They usually request 3 months’ wage slips, pre and post-claim. This allows the defendant to calculate an average of your loss, and this would be the amount that they would offer. However, if you can prove that you would have lost out on overtime shifts and any bonuses, we can request them as well. As long as we have evidence to support your claim we would have a good chance of recovering the loss of earnings that you may have suffered.

To discuss the loss of earnings and how we could recover them as part of your claim, call our team now, as we are happy to help in any way we can.

How Do I Prove Anaesthetic Negligence?

In order for you to prove anaesthetic negligence claims, you will need evidence to support your case.

Examples of evidence could be:

  • Medical records – before and after the procedure
  • Keeping a personal diary from when the negligence occurred to express how your life has been affected
  • Witness details, our solicitors can contact them at a later date and will draft the witness statement
  • Documents to support any special damages, such as wage slips, bank statements, medical invoices for any rehabilitation, and travel tickets. Anything that can support your out-of-pocket expenses

Also, as part of the medical negligence claims process, you may be invited to an independent medical examination. This is something that our solicitors can arrange for you in your local area at a time that best suits you.

It can feel a bit daunting to think about collecting all of this information by yourself, and we can confirm that this is something that one of our solicitors would assist you with.

For your free consultation to discuss your eligibility for an anaesthetic negligence claim, call us today.

How Could A No Win No Fee Solicitor Help You Claim Anaesthetic Negligence Compensation?

Our solicitors are extremely experienced, with extensive expertise in medical negligence claims.

They can help with:

  • Collecting evidence
  • Making appointments with independent medical experts
  • Negotiating with the defendant’s solicitors

 They can do all this for you and more without taking any upfront or ongoing fees for their work. This is due to the fact that they work with their clients through something called a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement.

If you make a successful claim, then a small success fee will be deducted. The success fee is legally capped, which ensures that you receive the majority of your compensation.

If you feel you have suffered from anaesthetic negligence and would like to discuss the matter further, please call one of our expert advisors, as they are eager to assist in your endeavours.

Contact Our Team Today

Anaesthetic negligence No Win No Fee solicitors

More Information On Medical Negligence Compensation Claims

Further resources below

Learn more from the resources below relating to anaesthetic.

We would like to thank you for taking the time to read our guide about making anaesthetic negligence claims. Please call today!

 

The Lung Cancer Misdiagnosis Claims Process

Lung cancer is a serious and life-threatening illness. According to statistics produced by Cancer Research UK, each year, there are around 49,200 new cases and around 34,800 deaths in the UK. As such, it is essential that you receive a lung cancer diagnosis and begin treatment as early as possible.

A failure to be correctly diagnosed could severely impact your treatment and long-term outlook. If your lung cancer was misdiagnosed due to medical negligence, you could claim compensation. In this guide, we look at how lung cancer misdiagnosis claims work.

Key Takeaways For Cancer Misdiagnosis Claims

  • You may be able to claim compensation if you can show a medical professional was negligent and that you suffered avoidable or unnecessary harm.
  • Factors that affect potential compensation include how severe the avoidable harm is, the future prognosis and the financial impact of the harm.
  • Generally, you have 3 years to start a claim from when you realised (or reasonably ought to have known) that negligence happened.
  •  Not every misdiagnosis will involve negligence and result in a successful claim.
  • Our expert medical negligence solicitors can work on a No Win No Fee basis.

To begin a clinical or medical negligence claim please get in contact with our team.

  • Talk to us now using the online chat below.
  • Start your claim online and ask our team to call you back.
  • Call our team now 0800 073 8804.

A chest x-ray shows the symptoms of lung cancer.

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Can I Make A Lung Cancer Misdiagnosis Claim?

Whether visiting your GP with initial symptoms or concerns, whilst undergoing tests and treatment at a hospital, or any other point in your journey through the healthcare system, anyone treating you owes you a duty of care. They must deliver the correct minimum standard of care. This includes GPs, nurses or other doctors such as oncologists.

You could claim compensation if you have suffered unnecessary or avoidable harm as part of negligent medical care. In order to claim for the misdiagnosis of cancer, you will need to prove negligence.

The criteria that you need to show are that:

  1. A medical professional owes you a duty of care.
  2. They were in breach of this duty.
  3. You suffered avoidable and unnecessary harm as a result of this.

In addition to these criteria, any claim must be started within the relevant time limit. If you are claiming on your own behalf, any claim must be made within three years of the misdiagnosis or of you becoming aware of it and the harm caused. If the case involves a child or someone who lacks capacity, then the time limit will be different.

Please contact our team for more information about lung cancer misdiagnosis claims.

How Is Lung Cancer Diagnosed?

The first point of contact with the healthcare system may be to visit your GP. In some instances, lung cancer may be diagnosed after investigations when a patient presents to a hospital with difficulty breathing. Whilst a GP or doctor in an A&E department may not be able to provide an immediate diagnosis, they should refer you for further testing or assessment from a specialist at a hospital.

A GP (or A&E doctor) may perform checks and tests such as:

  • Use a spirometer to measure how much air you are breathing in and out.
  • Carrying out a physical examination to check if your lymph nodes are swollen, if your breathing is laboured or if there are any abnormal sounds in your chest.
  • Asking you to take a blood test.

If a doctor suspects that you may have lung cancer, you should be referred to a specialist to have further tests. These may be used to confirm any other lung cancer symptoms. These tests could include:

  • Having a chest x-ray – this is often the first diagnostic test which may be carried out. It will look for a white mass on your lungs. An X-ray may not provide a definitive diagnosis and so may be used in conjunction with other tests. For example, they may show lung nodules unrelated to cancer.
  • A Computed Tomography (CT) scan – this is used to create a detailed image of the inside of your chest.
  • PET-CT Scan – this may be carried out if the CT scan shows signs of a tumour or mass.
  • A bronchoscopy and biopsy – these may be carried out if the previous scans have indicated you may have lung cancer.

Following these tests, doctors could be able to say whether you have cancer, what type it is (such as small cell lung cancer) and what stage the disease is at.

Getting an early diagnosis of lung cancer is extremely important and can impact your recovery significantly. Contact us today to make a medical misdiagnosis claim.

A lung cancer patient is in a hospital bed.

How Medical Negligence Could Lead To Lung Cancer Misdiagnosis

Lung cancer misdiagnosis claims could involve negligence at any stage of the diagnostic process, from an initial appointment with a GP through to tests at a hospital.

Below, we look at examples of how negligence in lung cancer diagnosis could occur.

  • A GP fails to consider possible signs of lung cancer (e.g. unexplained weight loss or coughing up blood without explanation) and assumes a patient has a chest infection. The patient who is over 40 is not referred under the suspected cancer pathway.
  • An urgent chest X-ray is not arranged for someone who is over 40 and has unexplained symptoms such as a cough, fatigue or chest pain.
  • A specialist (such as an oncologist) may fail to carry out appropriate tests, including those in the previous section above.
  • Test results are mixed up at a hospital, and a patient is diagnosed with bronchitis instead of lung cancer. This results in a significant delay in treatment.

In any of these cases, a delayed diagnosis and treatment could be extremely harmful to a patient. It can be hard to know if you have been negligently misdiagnosed, but we offer a free and no obligation case assessment through our sensitive advisors.

What Are The Implications Of Cancer Misdiagnosis?

Any delay in treatment could seriously impact your chances of making a recovery. Statistics on lung cancer survival rates highlight this.

Where lung cancer is detected in stage 1, the 5 year survival rate is almost 65%. For stage 2, this decreases to 40%. In stages 3 and 4, this further decreases to 15% and 5%, respectively. This serves to show how crucial it is to get an early diagnosis and begin treatment.

It could also be the case that you need more invasive treatments to tackle cancer that is more advanced, or your recovery could take longer with a delay in diagnosis.

Please get in contact with our team to learn more about lung cancer misdiagnosis claims.

Compensation In Lung Cancer Misdiagnosis Claims

If your doctor fails to diagnose lung cancer and medical negligence occurs, you may be owed compensation. Compensation may broadly fall into two parts. These are compensation awarded for harm caused (general damages) and that awarded for the financial implications of this (special damages).

We should note that there is no average payout for cancer misdiagnosis. In each case, compensation is determined on that case’s own merits. To calculate compensation for harm, a medical negligence solicitor may refer to the Judicial College Guidelines (JCG). This is a document which contains guidelines on what could be awarded for different types of harm.

The table below uses JCG figures to look at what may be awarded. Please note that the initial figure does not come from the JCG.

Harm SufferedSeverityCompensation
Multiple types of harm and financial losses.SevereIncluding special damages, £1,000,000+
Brain damage Very severe£344,150 - £493,000
Moderately severe£267,340 - £344,150
Moderate£183,190 - £267,340
Kidney disease Serious damage£206,730 - £256,780
Loss of functionUp to £171,680
Serious impairment£78,080 to £97,540
Lung disease Lung cancer£85,460 - £118,790
Disease causing worsening function£66,890 - £85,460
Breathing difficulties.£38,210 - £66,920

Can My Compensation Cover The Long-Term Effects Of My Misdiagnosis?

When calculating damages,  you may not just have suffered physical or psychological harm. You may also have suffered losses financially. To compensate for this, you could be awarded special damages.

Special damages could compensate you for the cost of travelling to and from medical appointments, medical treatment and prescription (or other) medication. In addition, you could reclaim the cost of child care if you were unable to look after any children during your recovery. If you had to take time off work, you could claim compensation for lost income. The losses need to be a result of the avoidable harm, and you will also need to be able to provide evidence to prove them.

If you were harmed due to negligently undiagnosed cancer, please contact our team.

Could I Make A Medical Misdiagnosis Claim For Someone Else?

If the person harmed by misdiagnosed lung cancer was under the age of eighteen or otherwise lacks the mental capacity to claim on their own behalf, you could do so for them. In these cases, a suitable adult may act on behalf of the person harmed.

To act on behalf of someone else, you will need to make an application to the courts. You could then be appointed as a litigation friend. Once appointed, you will be able to make decisions on behalf of the claimant. You must keep them informed as best as possible and must make decisions in their best interest.

You can learn more about the medical negligence claims process and how to claim for someone else whose lung cancer was negligently misdiagnosed by contacting our team.

How A No Win No Fee Solicitor Could Help In Lung Cancer Misdiagnosis Claims

If you suffered avoidable or unnecessary harm and you have a valid lung cancer misdiagnosis claim, one of our specialist solicitors could help you. They may offer to take your claim using a Conditional Fee Agreement (CFA), which is a type of Win No Fee agreement.

Claiming in this way means that your solicitor will not need to ask for any payments in advance for their service. Instead, you are only charged if your claim is successful. If it is not, you won’t be charged for the solicitor’s fees.

Successful claimants are charged a success fee. The fee is a percentage of the compensation and there is a legal maximum (percentage) which may be charged. Please contact us for further information if you have questions.

Contact Our Team To Get Started

If you or another person has been harmed by a negligent lung cancer diagnosis, please contact us no by:

More Information On Medical Negligence Compensation Claims

You may find these additional guides from our site, as well as external sources, helpful.

External resources

We hope that you have learned more about lung cancer misdiagnosis claims in this guide. Please get in touch with our team for more information about how we could help you.

Manual Handling Injury Claim – Learn If You Are Eligible To Make One

Many different job roles involve manual handling tasks. Any time you carry out such a task at work, there is the potential risk of injury. Your employer should take steps to ensure your health and safety in the workplace. If you were injured in the workplace due to your employer’s negligent actions, you may be able to make a manual handling injury claim

In our guide, we look at how a specialist solicitor could help you to claim compensation for a manual handling accident at work.

Key Takeaways

  • You can make a personal injury claim if your injury was caused by your employer breaching their duty of care.
  • You need to prove your claim with evidence, such as an accident report.
  • Compensation could be awarded for your injuries and subsequent financial losses.
  • One of our No Win No Fee solicitors could help you claim.

To discuss your case, ask any questions and receive free advice, you can contact our advisors.

A manager supervises manual handling operations.

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What Is A Manual Handling Injury?

Manual handling is the act of lifting, supporting, moving or otherwise transporting a load using your body. Manual handling may involve lifting objects, moving a roll cage or unloading a lorry. Your job may require you to move objects, animals or even people. You may use moving and handling equipment, such as lifting straps, wheeled trolleys or powered trucks.

Manual handling accidents could lead to a wide variety of different injuries such as back injuries, dislocations, strains and sprains.

How Common Are Manual Handling Injuries In The Workplace?

Manual handling operations are one of the most common causes of workplace injuries. According to the Health and Safety Executive (HSE), who is Britain’s regulatory body for workplace safety, handling, lifting or carrying accounted for 17% of workplace accidents in 2023/24.

According to the HSE, the following industries suffered the most manual handling accidents in this period:

  • Human health and social work – 2,221
  • Manufacturing – 1,974
  • Transportation and storage – 1,713
  • Wholesale and retail – 1,347
  • Construction – 742

If you have suffered an injury in the workplace our team could help you to make a manual handling injury claim. Contact our advisors today.

Could I Make A Manual Handling Injury Claim?

In order to make a manual handling injury claim, such as for an unloading injury, you must show that your employer was at fault.

Your employer has a duty of care to take reasonable steps to ensure your health and safety within the workplace, as stated within the Health and Safety at Work etc. Act 1974.

Furthermore, the Manual Handling Operations Regulations 1992 set out the specific rules and guidance employers must adhere to when assigning manual handling tasks.

To make a personal injury claim following a manual handling accident, you must prove:

  1. Your employer had a duty of care.
  2. They have breached this duty of care. For example, they may have failed to provide you with the necessary training.
  3. This breach resulted in your accident and injuries. For example, having no training caused a lifting accident.

What Should My Employer Do To Protect Me From Manual Handling Injuries?

The HSE provides guidance to employers on steps they could take to avoid manual handling accidents and reduce the risk of injuries. These steps include:

  • Avoid any hazardous manual handling tasks as far as reasonably possible.
  • Assess any manual handling that cannot be avoided.
  • Make loads lighter, smaller or easier to grasp.
  • Break larger loads into smaller ones where possible.
  • Ensure staff have received appropriate training on lifting and carrying.

To see whether you could be eligible to make a manual handling injury claim, you can contact our advisors.

A worker lifts a box, holding their back in pain.

How Could A Manual Handling Accident Happen?

There are various ways that a manual handling injury could be suffered in the workplace. Some examples could include:

  • You suffer a back injury when trying to pick up a load incorrectly due to not receiving any manual handling training.
  • Your employer informs you to carry a load by yourself that two people should carry due to its weight. This causes you to drop the load on your foot and suffer a crush injury to your toes.
  • You are not given sufficient rest periods of breaks after carrying various loads for a number of hours. This causes you to suffer a soft tissue injury in your back and a sprained wrist injury.

These are some common causes of manual handling injuries. If you’re particular accident isn’t listed here, this doesn’t mean you can’t claim. Contact our advisors to discuss your case.

What Can Manual Handling Compensation Cover?

Manual handling compensation could cover both your injuries as well as expenses and losses caused by these injuries.

Compensation for your injuries is awarded under general damages. This takes account of the injury you suffered and how serious it was.

Whoever is valuing your claim may refer to the Judicial College Guidelines (JCG). The JCG includes guideline compensation amounts for different types of injury at different degrees of severity.

With the exception of the first row, our table below includes some of the compensation guidelines from the JCG.

InjurySeverityDamages
Multiple serious injuries with special damagesSeriousUp to £1,000,000 in cases where loss of earnings and special damages are awarded.
Neck injurySevere (ii)£80,240 to £159,770
Moderate (i)£30,500 to £46,970
Back injurySevere (ii)£90,510 to £107,910
Moderate (ii)£15,260 to £33,880
Foot injurySerious£30,500 to £47,840
Elbow injuryLess severe£19,100 to £39,070
Wrist injuryLess severe£15,370 to £29,900
Shoulder injurySerious£15,580 to £23,430

Can Accident At Work Compensation Address Lost Earnings?

Your manual handling compensation claim can also address any loss of earnings caused by the accident as well as other related expenses. These would be awarded under special damages.

You may have had to take time off work to recover from your injury or no longer be able to work as you did before. You may also have lost employer contributions to your pension fund and other workplace benefits. As well as being able to claim for lost income, you could claim for:

  • Medical treatment, care and medication.
  • The cost of travelling to medical appointments.
  • Expenses related to adapting your home to cope with your injuries.

You must provide evidence of these losses with documents such as receipts, payslips, and bank statements. Find out how to calculate an accident at work claim by contacting our team today.

What To Do After Suffering A Manual Handling Injury

Any type of accident at work claim, such as manual handling compensation claims, must provide sufficient evidence that proves how the employer was liable and what injuries were suffered.

Below we look at some of the steps you could take following a manual handling accident at work and look at how they could help you prove your claim.

  • Seek medical care – your immediate step should be to seek any medical care and treatment you need. You can also request copies of your medical records. These can help to show what manual handling injuries you sustained.
  • Complete the accident report book – workplaces with 10 or more employees legally should have an accident report book in which you can log your accident and injuries. You can also request a copy of this record to use as evidence.
  • Request CCTV footage of yourself – you may request CCTV footage which captured the accident taking place.
  • Photograph any visible injuries – taking photos can help to show the progress of any visible injuries over time.
  • Get witness contact details – ask for the contact information of anyone who witnessed your accident.

Our solicitors are experienced in helping people to make successful manual handling injury claims. Contact our team to find out how they could help you gather evidence.

A worker lays on the floor under boxes.

How Long Do I Have To Start My Work Injury Claim?

You must begin your manual handling injury claim within the relevant time limit. The Limitation Act 1980 sets out the accident at work claim time limit as three years. This runs from the date the accident took place.

There are circumstances in which you could claim compensation outside of this time limit. These include:

  • Those injured under the age of 18 cannot start their own claim until the date of their 18th birthday. They will then have three years from this date.
  • Those who are unable to make their own claim due to lacking the required mental capacity will have the time limit suspended indefinitely. The time limit will only begin if they regain this capacity and will run from the recovery date.

In either of these instances a litigation friend may claim on behalf of the injured person whilst the time limit is suspended.

Get in touch with our team today to find out if you could make a claim on behalf of someone else. One of our experts could also advise you on what time limit may apply to your manual handling accident claim.

Make A Manual Handling Injury Claim With A No Win No Fee Solicitor

Whilst you do not have to make a manual handling claim with a solicitor, we believe that having a specialist solicitor working on your case could be beneficial. Some of the very services our experienced solicitors can offer their clients include:

  • Help with collating evidence.
  • Filing the claim within the time limit.
  • Communicating with the defending party.
  • Negotiating a compensation settlement.

Additionally, our solicitors can work on claims on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

Under a CFA, you will not need to pay your solicitor upfront as the claim progresses or if the claim fails for their services. You will pay them a success fee if they succeed with your claim. This is a percentage (that is limited by the law) that is taken from your compensation.

Get In Touch With Our Team Today

If you need to make a manual handling injury claim our team could help you. Get in touch with our expert advisors today by:

A solicitor works on a manual handling injury claim.

 

Further Resources On Accident At Work Claims

Learn more about other accident at work claims we could help with:

External resources:

Thank you for reading our guide to making a manual handling injury claim.

Learn About Tendon Injury Claims

Tendon injuries can be extremely painful, and if a third party has injured you, you might be curious about exploring a case for compensation. This guide about tendon injury claims will cover some of the key points for you to be aware of.

We discuss what tendon injuries are, how they could happen and also how compensation for such an injury is calculated. Also included will be how to progress a claim with one of our experienced No Win No Fee personal injury solicitors.

You can reach out to our team at any point through the following options:

Key Points In Tendon Injury Claims

  • You may be able to claim compensation if another party was at fault and caused you a tendon injury.
  • The size of potential compensation is affected by the severity of the injuries and any financial losses suffered.
  • You could have been injured at work, on the roads or in a public place.
  • Our experienced solicitors can represent you on a No Win No Fee basis.
  • You can still claim even if you were partly at fault.

Somebody who's injured a tendon in their wrist

Select A Section or Browse Our Guide

  1. Who Is Eligible To Make Tendon Injury Claims?
  2. What’s The Difference Between A Tendon Injury And A Ligament Injury?
  3. Common Causes Of Tendon Damage
  4. Tendon Injury Compensation Amounts – How Much Could I Receive?
  5. Can You Make Tendon Injury Claims On A No Win No Fee Basis?
  6. More Information On Personal Injury Compensation Claims

Who Is Eligible To Claim Tendon Injury Compensation Amounts?

In order to be eligible, tendon injury claims need to fulfil the following criteria:

  • You were owed a duty of care by a third party.
  • They failed to fulfil that duty of care.
  • You sustained a tendon injury due to this failure.

There are various instances when a failure of duty of care can be established. Some of them are:

Accidents at Work

All employers owe a duty of care towards their employees. This duty is highlighted in the Health and Safety at Work etc. 1974 (HASAW). This law states that employers need to take reasonable and practicable steps to ensure their employee’s safety and welfare. If an employer is in breach of this duty, the employee could bring a claim against them for the tendon injury suffered.

For example, your employer has failed in their duty of performing a risk assessment for the manual handling of goods. You carry a load which is too heavy and end up sustaining tendon damage in your hand. You could potentially make an accident at work claim against your employer for this injury.

Accidents in Public Places

Any person or organisation who controls a public place (known as an occupier) owes a duty of care towards all visitors. This duty has been specified in the Occupiers’ Liability Act 1957. The law states that the occupier has to take reasonable steps to ensure the safety of all visitors. If you sustain a tendon injury due to this breach of duty, you could make a tendon injury claim against the person in control.

For example, you fall down the stairs at a shopping mall due to an unrepaired broken handrail, rupturing your Achilles tendon. You may be able to claim compensation against the occupier of the mall in a public liability claim.

Road Traffic Accidents

All road users owe a duty of care to ensure that they use their vehicles in such a way that they do not cause harm. To meet this duty, they must comply with the Road Traffic Act 1988 and the Highway Code. You could make a road traffic accident claim against another road user if they breach this duty of care.

For example, a driver who’s driving under the influence crashes into your car from behind, and you injure a tendon in your neck. You could make a car accident claim against them.

If you have had a tendon injury that was not your fault, you can call our team for a free case assessment.

Could I Still Claim For Tendon Damage If I Was Partially At Fault?

You can still claim compensation even if you were partly at fault for the accident. This is called a split liability accident, as the fault (the liability) is split between two parties. The split can be any proportion that adds up to 100%, e.g. 50/50 or 75/25.

The compensation received will be split in the same proportion. So, if a case is split 50/50, then you would receive 50% of the compensation.

An example would be a road traffic collision where both cars attempt to change lanes at the same time and when it is unsafe to do so. This could result in a 50/50 split.

Sometimes, whilst you are not responsible for causing the accident, you have done something or failed to do something that has made your injuries worse. This is called contributory negligence. An example would be a failure to wear a seatbelt in a car crash. This did not cause the accident, but it could be that your tendon injury was made much worse by your failure to wear a seatbelt.

When a case involves contributory negligence, there will be a reduction in the compensation, e.g. by 15%, but the percentage reduction can vary.

Whilst in both these scenarios, you do not receive the full amount of compensation, it is much better to try and claim to get a reduced percentage rather than not claim and receive nothing.

To discuss how your accident happened, why not reach out to an advisor for a free case assessment?

What’s The Difference Between A Tendon Injury And A Ligament Injury?

While we’re discussing tendon injury claims, you might be thinking about ligament injuries as well. Since both ligaments and tendons are soft issues, they can sometimes be confused, but they are different. To understand this difference, it’s necessary to know the distinction between their functions. Tendons and ligaments both are connective tissues which help to support muscles and bones.

However, tendons attach bones and muscles to aid their movement, whilst ligaments help to support and stabilise joints. Without tendons, it wouldn’t be possible for muscles to transfer the energy which is required for movement. Ligaments are connected from bone to bone. They hold the joints together and stabilise them during movement and at rest.

It is possible to injure either a tendon, a ligament or even both in an accident that wasn’t your fault. Call us today to see how we can help you begin the process of claiming compensation for your accident.

Common Causes Of Tendon Damage

Damage to a tendon can be caused by sudden sharp movements. Tendons can also become inflamed or damaged by overuse, or they could rupture if too much force is placed through them.

You could injure a tendon, for example:

  • By being asked to lift something that is too heavy over your head. You suffer injuries to the tendons in your shoulder joint in a rotator cuff injury.
  • A colleague is operating a forklift truck without the necessary training. They lose control and drive into the back of your ankle, rupturing your Achilles tendon.
  • You damage the tendons in your ankle when you slip on oil that is leaking from a defective piece of machinery. Management failed to fix the fault despite being aware of it.
  • Someone stacks jagged sheet metal unsafely in a warehouse. It falls as you are walking past, and you put your hands out to protect yourself, but this results in the metal slicing your hand and damaging your tendons.

How Common Are Tendon Injuries?

Tendon injuries can be quite common. The Health and Safety Executive (HSE) give statistical tables about the total number of reported non-fatal injuries to employees. In their latest data from 2023/2024, there were 16,395 workplace sprains and strains, which accounted for 27% of incidents reported by employers. Every injury reported was serious enough to cause an absence of more than seven days. A portion of these will likely have involved tendon damage.

Not all workplace injuries have to be reported to the HSE, so the true number of tendon injuries in the workplace could be much higher. It is also worth noting that tendon injuries can occur outside a work setting, with the National Institute for Health and Care Excellence (NICE) estimating that over 150,000 people in the UK experience Achilles tendinopathy and approximately 4,500 rupture their Achilles tendon each year.

To see if how you injured your tendon could lead to a personal injury claim, contact an advisor today.

A man with an elbow tendon injury.

Tendon Injury Compensation Amounts – How Much Could I Receive?

In tendon injury claims, the compensation comprises damages of two types:

  • General Damages- These are the damages which you could claim for the physical/ psychological injuries you’ve sustained.
  • Special Damages– You can claim these damages for the financial impacts caused by your symptoms.

To determine general damages, you may be invited for an independent medical examination.  A medical report from this consultation, in addition to the Judicial College Guidelines (JCG), could be used to value the general damages in your case. These guidelines provide a list of injuries and the range of compensation which could be awarded.

We’ve replicated some of the figures from the JCG in the table below. However, you should note that these are just guidelines, and the first row isn’t from the JCG.

InjurySeverityCompensation Guidelines
Multiple Severe Injuries and Special DamagesVery SeriousUp to £250,000+
Neck InjuriesSevere (iii)£55,500 to £68,330
Achilles Tendon InjuryMost SeriousIn the region of £46,900
Serious£30,500 to £36,720
Moderate£15,370 to £25,710
Minor£8,870 to £15,370
Shoulder InjurySerious£15,580 to £23,430
Moderate£9,630 to £15,580
Hand InjurySerious Injury to Middle or Ring finger£12,590 to £19,940
Moderate Injuries to the Thumb£11,800 to £15,370

Here are some examples of financial loss (special damages) that could be claimed if you have supporting evidence:

  • Medical costs such as diagnostic tests, prescriptions and travelling to and from medical appointments.
  • Loss of earnings– This could be due to having to take time off from work because of your injuries.
  • The cost of any care required or modifications to your house.

One of our experienced solicitors could advise you about your specific claim for damages, why not call an advisor today to see if you can be connected?

What Can Affect Tendon Damage Compensation?

We covered above how a split in liability or contributory negligence could affect your compensation earlier. Other factors that could affect the size of the compensation include:

  • The severity of the injuries you suffered.
  • How much is claimed for special damages, e.g. significant loss of earnings or care needs?
  • If the other side accepts fault or chooses to fight your claim and offer to settle at less than a full value.
  • The evidence that is available to strengthen your case if it is disputed and how much evidence is available to support your claim for special damages.
  • How negotiations progress and how keen you and the other side are to come to an agreement quickly.

Our solicitors have years of dedicated personal injury experience, and they will always do their best to achieve the correct compensation for your claim. Call an advisor today to see if you are eligible to claim.

Can I Claim For Tendon Injuries On A No Win No Fee Basis?

Many people wanting to secure the highest possible tendon or Achilles tendon injury compensation amounts look for representation from a trained solicitor. Among the many benefits of doing so are having someone on your side who understands the process, and being able to delegate much of the work to a professional to take a great deal of stress out of claiming.

Another way in which our solicitors make the claim experience as smooth as possible is their offer of No Win No Fee terms. By working with one of our specialist solicitors under an arrangement called a Conditional Fee Agreement, they agree to charge you nothing at all for their services either:

  • Upfront.
  • At any point during the claim.
  • After a claim that doesn’t succeed.

The solicitor takes a small percentage of the compensation once it’s awarded for a successful tendon injury claim. You can be sure that the percentage is small because of a legal limit applied by legislation called The Conditional Fee Agreements Order 2013.

If you want to know more about types of claims, tendon or Achilles tendon payouts, or how a No Win No Fee claim works, talk to us any time. We offer free and useful advice with the promise never to pressure you to start a claim. By getting a free evaluation from an advisor, you can also learn whether you could be linked up with a personal injury solicitor for a compensation claim.

Simply choose one of these options – they all operate around the clock:

Solicitor and client shaking hands after discussing tendon injury claims.

More Information On Personal Injury Compensation Claims

Thank you for reading our guide on tendon injury claims. Here are some more links to other guides which may be helpful:

Here are some external guides for further reading:

 

Everything You Need To Know About Sports Injury Claims

When participating in any sport we assume a certain amount of risk of injury. Injuries may happen due to our own actions or be no one’s fault. However, sports injuries may also happen due to someone else’s negligence. They may occur due to a lack of health and safety precautions, faulty sports equipment, poor instruction or damaged facilities. If you have been harmed in an accident which was another person’s fault, you may be able to make a personal injury claim. In this guide, we look at when and how to make sports injury claims.

Key Takeaways

  • If someone else has been negligent and you have been injured, you could claim compensation.
  • The size of the compensation is affected by the severity of the injuries and claimable financial losses.
  • In certain circumstances, it is possible to claim compensation if you were injured playing sport or even as a spectator.
  • Our specialist sports injury solicitors could handle your claim on a No Win No Fee basis.

If you are ready to make a sports injury claim, please get in contact with our team.

  • You can get live advice from an expert using our chat feature.
  • Call 0800 073 8804 to speak to an advisor.
  • Check if you are eligible to claim online by sending the details of your case.

People participate in mountain biking.

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What Are Sports Injury Claims?

Whether you are participating in or a spectator at a sporting activity, you may be owed a duty of care. Under the Occupiers’ Liability Act 1957, parties who are in control of a public space have a duty of care to keep visitors reasonably safe.

If you are participating in a sporting activity, such as horse riding, football or rugby, you accept that there is a potential risk of harm. However, those providing the activity and/or facilities have a duty to reduce unnecessary or avoidable risks. If any risks are preventable, they should be managed or removed.

For example, if a defect develops on an astroturf football pitch and the occupier becomes aware of it, then they should take steps to fix it. Otherwise, it presents a foreseeable risk of injury.

The general criteria personal injury claims must meet are that:

  1. Another party had a duty of care to you.
  2. This party breached their duty of care.
  3. You were harmed as a direct result of this.

Please contact our team for more information on when you could make a sports injury compensation claim.

Who Can I Make A Sports Injury Compensation Claim Against?

Sports injury compensation claims will be made against the party who owed you a duty of care at the time of the accident. This is in line with the criteria set out above. The party responsible may be:

  • An individual, such as an opponent (although these cases can be difficult to establish).
  • A sports club or organisation.
  • The venue where the activity took place. The occupier of a venue may be a private company or local authority.

If successful, your compensation will likely be paid by the insurance provider of the party responsible for your accident and sports injuries. When you contact our team, we can determine who may be responsible for your accident. One of our personal injury solicitors could then help you to build a successful case against them.

Can I Make A Claim If I Was Injured As A Spectator?

As a spectator, you should assume much lower risk than those participating in a sporting activity. However, spectators may also suffer injuries at sports venues. A spectator could be injured due to poorly maintained facilities and grounds, a lack of proper crowd control, or a general lack of safety measures at the sports venue.

Please get in touch with our experts about making a sports injury compensation claim today.

A woman is swimming in a pool.

How Can A Sporting Injury Happen?

Sports accidents could happen in a myriad of different ways. They could affect those participating in sporting activities or spectators. You could have been injured participating in a mountain bike activity, in an activity centre or at a swimming pool.

Potential causes of a sports accident could include,

    • Faulty equipment – those providing sporting equipment (such as a leisure centre, gym, or sports club) must take reasonable ensure that any equipment provided is safe to use. This may extend to equipment which has been hired. If it was poorly maintained or faulty and caused an accident, you could make a claim.
    • Faulty facilities – this may include accidents caused by poor lighting, damaged stairways, defective and broken sporting surfaces which can cause slip, trip and fall. Again, reasonable steps must be taken to address such issues.
    • Poor signage or a lack of warning signs – accidents and incidents may be caused by poor signage, such as warning people of slippery surfaces.
    • Inadequate instruction – an instructor, organiser or other responsible party may fail to provide proper instruction on how to safely participate in an activity. Staff may not have been properly trained in how to do so. Instructors or organisers may also have proceeded with the activity in an unsafe location or unsafe conditions, such as poor or dangerous weather conditions during watersports.
    • Lack of proper safety measures – spectators could be injured if the event is overcrowded, does not have adequate crowd control or is not properly lit.

If you have been injured either as a spectator or participant in a sporting activity, you could have grounds to claim compensation. Contact us for more information on sports injury claims.

How Much Compensation Could You Get For A Sports Injury?

We can not say how much compensation for a sports injury you may be awarded. This is because when you claim compensation your case will be assessed on its individual merits.

If you choose to claim through one of our solicitors, they will assess your case. They will note down what injuries you have suffered and how serious these are. They will also take account of any other ways in which you have been impacted by the incident.

Compensation awarded for your injury can be awarded in line with the Judicial College guidelines (JCG). The JCG contains guidelines on amounts which could be awarded for different forms of harm, such as sports injuries.

Below, we present examples from the JCG. Row one has not been taken from the JCG and includes damages for lost earnings and other costs. These types of losses will be explored below.

InjurySeverityCompensation
Multiple types of injury and financial lossSerious or severeUp to £1,000,000+
Head/ brain injuryA - very severe£344,150 to £493,000
C - moderate (ii)£110,720 to £183,190
Neck injuryA - severe (ii)£80,240 to £159,770
Knee injuryA - severe (i)£85,100 to £117,410
Back injuryA - severe (ii)£90,510 to £107,910
Ankle injuryB - Severe£38,210 to £61,090
Foot injuryF - moderate£16,770 to £30,500
Achilles tendon injuryC - moderate£15,370 to £25,710
Shoulder injuryB - serious£15,580 to £23,430

Can A Sports Injury Compensation Claim Cover Lost Earnings?

You could be awarded compensation for special damages, such as for loss of earnings in addition to the compensation outlined above. Financial losses can include a wide range of different types of costs and losses which may have been caused by your sporting accident.

You could claim compensation for expenses such as:

  • Lost earnings and other lost income.
  • Medical costs and expenses such as physiotherapy costs, medication, medical treatment or other care required.
  • The cost of travelling to attend medical appointments.

You will need to submit evidence of these losses and how they were caused by your sports accident in order to claim for them. For example, you could present wage slips showing how you lost income due to taking time off work to recover from your sporting injury.

Please contact one of our experts to learn more about how much compensation for a personal injury you could claim.

Make A Claim With No Win No Fee Sports Injury Solicitors

If you have suffered a sports injury in an accident which was not your fault, the last thing you should be worrying about is the cost of claiming compensation. At Legal Expert, our solicitors help people to claim compensation without having to pay upfront for any solicitor’s fees. Nor would you have to pay ongoing solicitor’s fees either.

Instead, if one of our solicitors thinks you have a valid claim they could take your case on, on a No Win No Fee basis. To do so, they will offer you a Conditional Fee Agreement (CFA). By using a CFA, you will only need to pay for the solicitor’s services if your case is successful and at the end of the case. At this point, you would be charged a success fee. If the case is not successful, there is nothing to pay for the solicitor’s services.

The success fee is subject to a maximum size, set as a percentage of the compensation, meaning you will keep the majority of the damages.

Contact Us

If you have been injured in any of the circumstances described in this guide or otherwise harmed in a sports injury, contact our team.

  • You can call one of our advisors today on 0800 073 8804 for more information on sports injury claims.
  • Complete our contact form to start your claim online.
  • Discuss your case with one of our team using our online chat.

A solicitor works on sports injury claims.

Further Resources On Personal Injury Compensation

In this final part of our guide, you can find additional helpful resources and related information on personal injury compensation claims and dealing with sports injuries.

External resources

  • If your child was injured in a sports accident and is eligible to claim compensation, you may act as a litigation friend in order to do so on their behalf.
  • You can learn more about how to provide immediate first aid to an injured person in this NHS guide.
  • You can find guidance on how to safely run an amateur sports club in this resource from the Health and Safety Executive (HSE).

Thank you for reading our guide to sports injury claims. If you have been injured in any of the circumstances described in this guide please contact our team for more information.

A Guide To Diabetes Compensation Claims

Are you looking for guidance on diabetes compensation claims? Do you feel that your diabetic condition was missed or made worse by poor treatment? This guide explains your options after medical negligence and what you can do to seek compensation for your pain, suffering and financial losses.

The guide will start by defining diabetes as a condition and what a compensation claim like this needs to show. After this, we explain the essential evidence that can support a diabetes claim. Time limits apply when claiming for medical negligence and we discuss these before looking at compensation itself – what it can cover and how it is calculated.

The final section of our guide explores how one of our solicitors could help build your claim and represent you using a type of No Win No Fee agreement.

As you read, please feel free to connect with our friendly advisors at any point. They offer free information and guidance, and can also provide an assessment of your claim. If it’s strong, they could connect you to a solicitor to get started today:

  • Discuss your medical negligence claim on 0800 073 8804
  • Ask the live chat a question about negligent treatment.
  • Or see how much compensation you might be owed and start a claim online.

PAPERWORK READING 'MEDICAL NEGLIGENCE' ON A DESK

Jump To A Section

  1. What Is Diabetes?
  2. What Are Diabetes Compensation Claims?
  3. What Is Diabetes Negligence?
  4. How Do I Claim For Diabetes Negligence?
  5. What Is The Time Limit For Diabetes Compensation Claims?
  6. How Much Compensation For Diabetes Negligence?
  7. Can I Make A Diabetes Compensation Claim On A No Win No Fee Basis?
  8. Read More About Making Medical Negligence Claims

What Is Diabetes?

The NHS resources describe diabetes as a condition that causes blood sugar levels to become too high. There are two categories:

  • Type 1 diabetes – This is a permanent condition where the immune system attacks and destroys the cells that create vital insulin.
  • Type 2 diabetes – A condition where the body does not produce sufficient insulin, or the body’s cells don’t react properly to it. This type of diabetes is much more common, affecting 90% of adult diabetes sufferers.

Symptoms include:

  • Acute thirst.
  • Frequent urination, especially at night.
  • Fatigue.
  • Weight loss and reduction in muscle.
  • Genital itching.
  • Blurred vision.
  • Cuts and wounds taking longer to heal.

Diabetes needs to be diagnosed as early as possible because it tends to worsen if left untreated. If undetected, diabetes can lead to serious circulatory problems and hypoglycemic episodes. In some cases, amputation of the lower limbs is required. This can create additional long-term health problems.

You could be owed compensation for healthcare negligence that led to harm like this, so why not speak with our advisors to learn more about diabetes compensation claims?

PERSON CHECKING THEIR BLOOD SUGAR WITH A FINGER TIP READER

What Are Diabetes Compensation Claims?

All healthcare and medical professionals have a duty of care to their patients. This means that the patient should be provided with the expected level of care.

In order to make a medical negligence claim, you need to show these professional standards were not met. The eligibility requirements are as follows:

  1. A medical/healthcare professional must have owed you a duty of care.
  2. They breached this duty.
  3. This breach caused you to suffer avoidable or unnecessary harm.

If you feel confident that your healthcare provider failed to meet the necessary care standards and you received incorrect treatment, speak to our advisory team about the eligibility for diabetes compensation claims.

What Is Diabetes Negligence?

Medical negligence involving diabetes can occur as follows:

  • Misdiagnosis – The healthcare provider can either incorrectly diagnose the type of diabetes or fail to spot the condition at all despite presenting with symptoms of the condition. This can create delayed treatment and damaging mismanagement of the condition, leading to ulcers and infections.
  • Medication errors – The healthcare provider can prescribe the wrong medication or incorrect dosage. This can occur during administration or because of dispensing errors. Errors like this can lead to dangerous hypoglycemic episodes.
  • Delayed treatment – Patients often experience complications with diabetes such as diabetic ketacidosis (DKA) or hyperosmolar hyperglycemic state (HHS) which can prompt life-threatening situations requiring immediate medical attention. Amputation, particularly of the foot is sometimes necessary.

If you received delayed diagnosis or incorrect treatment for your diabetes that caused you harm, speak to our team about diabetes compensation claims.

How Do I Claim For Diabetes Negligence?

Claims for medical negligence need evidence that proves the healthcare profession failed to deliver the correct level of care. With this in mind, some examples of proof that could be useful for medical negligence claims include:

  • Medical records that show any diagnosis you received.
  • Records of treatments or notification of any known allergies.
  • Copies of your prescription forms and the packaging it came in.
  • Any correspondence with the medical institution or medical professionals that treated you.
  • Duplicates of blood test results and specialist reports.

Another action is to see if a solicitor can help with your diabetes compensation claim. Call our team on the number above for structured information about gathering evidence for diabetes compensation claims.

DOCTOR WITH HEAD IN HANDS AT DESK

What Is The Time Limit For Diabetes Compensation Claims?

Normally there is a 3-year time limit for starting a medical negligence claim as set out in the Limitation Act 1980. This time limit runs from:

  • The date the medical negligence occurred.
  • Or the date of knowledge. This is the date when the person first realised that the harm suffered was caused by a breach of the medical professional’s duty of care (or should have realised).

However, certain exceptions to this time limit apply:

  • A pause applies to the time limit for patients under the age of 18. Instead, the three-year period starts from the date that they turn 18, allowing them until age 21 to start their own claim.
  • A freeze applies to the time limit for claimants who lack the mental capacity to make their own claims. Instead, the three-year time limit is reinstated from any date that they regain mental capacity.

In both these cases, when the harmed party cannot claim for themselves due to being underage or lacking capacity, a responsible party, such as a concerned parent or sibling can be appointed by the courts to act as a litigation friend and start a claim on their behalf. Call for more information about the time limits for diabetes compensation claims. 

How Much Compensation For Diabetes Negligence?

Successful claims for medical negligence can result in compensation that covers two areas called general and special damages.

Under the head of loss called general damages, the pain and suffering are compensated. Those tasked with the calculations use medical evidence and often consult publications like the Judicial College Guidelines (JCG).

This document lists award guidelines for a variety of injuries and illnesses based on their severity. We’ve compiled a table of potential diabetes-related injuries to illustrate below. However, please bear in mind these are purely guideline amounts. Also, please note that the figure given in the first row was not taken from the JCG.

Compensation Guidelines

Type of HarmSeverityCompensation Guideline
Multiple severe types of harm with special damagesVery SevereUp to £1 million plus
Leg AmputationsLoss of Both Legs£293,850 up to £344,150
One Leg is Lost Below the Knee£119,570 up to £162,290
Foot InjuriesAmputation of Both Feet£206,730 up to £245,900
Amputation of One Foot£102,470 up to £133,810
Toe InjuriesAmputation of All the Toes£44,570 up to £68,430
Amputation of the Great ToeIn the region of £38,210
Eye InjuriesComplete Loss of Sight in One Eye£60,130 to £66,920
General Psychiatric DamageModerately Severe£23,270 to £66,920
SpleenLoss of spleen with risk of internal infections.£25,380 to £32,090

Can I Claim For Loss Of Earnings In A Medical Negligence Claim?

Under the head of loss called special damages, you could be reimbursed for the financial impact of the medical negligence. It is necessary to present documented proof of these out-of-pocket expenses, such as:

  • Any payslips that show a loss of earnings or how your capacity to work was adversely affected.
  • Paid invoices for medical equipment or alterations to your home that were needed.
  • The proof of payment to family and friends, or professional carers who looked after you.
  • Tickets and fares for travel to essential appointments.
  • Medical costs for treatment you had to pay for.

Other expenses may be eligible for inclusion, so it’s a good idea to keep hold of everything. If you work with a solicitor they can comb through this paperwork with you and advise accordingly. Call to learn more about diabetes compensation claims and how a solicitor can help you today. Additionally, one of our advisors can value your medical negligence claim.

NO WIN NO FEE SOLICITOR AGREEING MEDICAL NEGLIGENCE DIABETES COMPENSATION CLAIM WITH A CLIENT

Can I Make A Diabetes Compensation Claim On A No Win No Fee Basis?

Our medical negligence solicitors can offer an array of excellent services to people looking to make diabetes compensation claims. In addition to calculating the amount of damages owed to you, they can deal with the court correspondence as and when it arises. Claims of this nature can become complex, so it’s a real help to know that yours is in safe, expert hands.

Our solicitors work under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This affords numerous benefits to the claimant, such as:

  • No requirement to pay upfront solicitor’s fees.
  • No need to pay fees for work going forward.
  • Nothing is owed to the solicitors for completed services if the medical negligence claim fails.
  • A small and legally restricted success fee is applicable for medical negligence claims that win. The cap on the percentage deducted ensures that the person claiming always receives most of their award from a successful outcome.

Interested in seeing if our solicitors could help you? Simply:

  • Discuss your medical negligence claim on 0800 073 8804
  • Ask the live chat a question about negligent treatment.
  • Or see how much compensation you might be owed and start a claim online.

Read More About Making Medical Negligence Claims

In addition to this guide about diabetes compensation claims, these other resources from our website may offer more help:

External resources to help:

We value your interest in our guide on diabetes compensation claims. If you received poor treatment and feel that you suffered medical negligence, speak to us about diabetes misdiagnosis or malpractice compensation claims working with our solicitors.

Tripped and Fell On Uneven Pavement Claims Guide

Have you tripped and fallen on an uneven pavement? Has this led to you sustaining injuries? If so, you may be eligible to make a public liability personal injury claim. This guide about tripped and fell on uneven pavement claims will explain what steps you should take to claim compensation for your injuries and losses.

We will discuss the eligibility criteria to make a claim and explain how a pavement accident can be caused by negligent conduct. Further, it will explain how long you have to claim, how much compensation you may receive and how to claim on a No Win No Fee basis with the help of our solicitors.

To discuss any aspect of a potential claim, contact one of our advisors today:

A defective pavement slab that is a tripping hazard.

Browse Our Guide

  1. Tripped and Fell On Uneven Pavement Claims – How Do They Work? 
  2. How Can A Pavement Accident Be Caused By Negligence? 
  3. What Should I Do If I Tripped and Fell On Uneven Pavement?
  4. How Long Do You Have To Make Tripped And Fell On Uneven Pavement Claims?
  5. How Much Compensation In Tripped And Fell On Uneven Pavement Claims? 
  6. Make A Pavement Accident Compensation Claim On A No Win No Fee Basis
  7. More Resources About Making A Personal Injury Claim

Tripped and Fell On Uneven Pavement Claims – How Do They Work?

If you have tripped and fell on uneven pavement, you may be eligible to make a personal injury compensation claim provided you meet the specific criteria.

To bring a claim, you must be able to prove that your fall and injuries were caused by the conduct of a third party who owed you a duty of care. The specific criteria is as follows:

  • You must be owed a duty of care by a third party
  • The third party must breach this duty
  • This breach must have caused your injuries

Under the Highways Act 1980, local authorities have a duty of care to identify hazards on roads and pavements and ensure they are fixed in a reasonable time. If they fail to do this and you become injured, they will be in breach of their duty, and you may be eligible to claim.

Under the Occupiers Liability Act 1957, anyone in control of a premises has a duty of care to ensure visitors remain reasonably safe. Therefore, they must take any reasonable action to prevent the public from falling or tripping on their premises. If they fail to do this and you become injured, they may be in breach of their duty, and you may be eligible to claim.

If you tripped and fell on uneven pavement and want to make a claim, contact our advisors today.

How Can A Pavement Accident Be Caused By Negligence?

If you tripped and fell over uneven pavement, you may wonder how this can be caused by negligence.

To be eligible to make a personal injury claim, a third party’s breach of duty must result in your injuries. Examples of a breach of duty conduct include:

  • Failing to check the condition of the pavements
  • Failing to fix pavements if defects are found
  • Failing to place warning signs near defects
  • Failing to maintain regular inspections

Here is a scenario of how a pavement accident can happen and a claim potential brought:

  • The council may have been informed of a raised pavement slab by 3cm.
  • They may have failed to place any warnings near it and failed to fix it.
  • You may be slowly walking along the pavement and it is covered with leaves, blocking your view of the raised pavement. You trip over the raised slab.
  • You may have then fallen onto your hand, which caused a broken finger.
  • As this accident was caused by the breach of duty of the council, who failed to address or fix the raised pavement, you may be eligible to claim compensation.

For more information on how a pavement accident can be caused by negligence, contact our advisors today.

A defective pavement with raised parts that create a tripping hazard.

What Should I Do If I Tripped and Fell On Uneven Pavement? 

If you have fallen and become injured due to uneven pavement, you may be eligible to make a personal injury compensation claim. However, before you do so, there are a number of tasks you may want to complete to ensure your claim runs smoothly.

  • Take photographs of your injuries and the uneven pavement. When taking a photograph of the pavement, it may help to place a ruler or tape measure next to it to show the measurements of the defect.
  • Seek medical assistance after sustaining the injury. Visit A&E or your local GP to determine the full extent of your injuries.
  • Report the accident. This may be to your local council, authorities or owner of the premises.
  • Request CCTV footage of the accident (if possible).
  • Keep any contact details of any witnesses who saw you trip and fall. A statement in support of your case can be taken later if it is needed.

Contact our advisors today to discuss tripped and fell on uneven pavement claims further.

How Long Do I Have To Make A Pavement Trip Claim?

In accordance with the Limitation Act 1980, you have three years from the date of the accident to start a personal injury compensation claim. However, for accidents involving children, the three year limitation period may not begin until they reach the age of eighteen.

If you want to make a claim on behalf of the child before they turn 18, this is possible, and you (or someone else who is suitable) must act as a litigation friend and make legal decisions on behalf of the child. A litigation friend is usually a parent or guardian but does not have to be.

A litigation friend can also be used to claim for somebody who lacks the mental capacity to make informed decisions regarding their claim. A person who lacks capacity is defined in section 2 of the Mental Capacity Act 2005.

For those who lack capacity, the three year time limit to start a claim is paused. It begins to run when capacity is regained and will be three years from that date.

To find out more about the time limit on your claim, contact our advisors today.

How Much Compensation Could I Receive If I Tripped And Fell On Uneven Pavement? 

If you are eligible to make a personal injury claim, you may be able to receive compensation after falling on uneven pavement. There are two forms of compensation: general damages and special damages.

General damages compensate you for any injuries sustained following the breach of duty. This includes both physical and psychological injuries. Those responsible for calculating your compensation may refer to the Judicial College guidelines to value your potential compensation. This contains brackets of compensation suggested for different injuries.

Below is a table of entries from the JCG and their suggested compensation bracket. The JCG are just guidelines, so these figures are not guaranteed. The top row also does not come from the JCG.

InjurySeverityCompensation Guideline
Multiple Serious Injuries and Financial LossesSeriousUp to £250,000 plus
Pelvis And Hip InjuriesSevere (i)£95,680 to £159,770
Severe (iii)£47,810 to £64,070
Ankle InjuriesVery Severe£61,090 to £85,070
Knee InjuriesModerate (i)£18,110 to £31,960
Back InjuriesModerate (ii)£15,260 to £33,880
Wrist InjuriesLess Severe (c)£15,370 to £29,900
HandSerious Injury to the Thumb£15,370 to £20,460
Fracture of Index Finger£11,120 to £14,930
Arm or ForearmSimple Fractures£8,060 to £23,430

Special damages compensate you for any financial losses you have incurred following the accident. However, to be awarded special damages, you must provide evidence of your financial losses. Some examples of special damages include:

  • Loss of wages and income.
  • Medical bills.
  • Travel costs.
  • Home adjustments such as, stairlifts, ramps etc.
  • Special equipment such as wheelchairs, walking aids etc.

Examples of how you can obtain evidence for special damages include:

  • Pay slips
  • Bank statements
  • Receipts
  • Medical bills

For more information about tripped and fell on uneven pavement claims, contact our advisors today.

A woman who tripped and fell on uneven pavement has a broken wrist.

Make A Pavement Accident Compensation Claim On A No Win No Fee Basis

If you are eligible to claim compensation after tripping or falling on uneven pavement, our solicitors can help. They can use their expertise to help you try and recover compensation for your injuries and losses. Further, they can walk you through your claim, explain any legal terms and help gather evidence.

Importantly, our solicitors work on a No Win, No Fee basis. Therefore, if you are eligible to claim compensation, you may do so through a Conditional Fee Agreement.

This means you will not be required to pay any solicitors fees upfront as the case begins, or as the case moves forward. At the end of the case, and only if you win, your solicitor will deduct a percentage from the compensation to pay their success fee. The size of the percentage is legally capped, meaning you will keep the majority of the compensation should you win. If your case is unsuccessful, there are no solicitors fees to pay.

If you tripped and fell on uneven pavement and want to claim compensation, contact one of our advisors today:

A solicitor who is an expert in tripped an fell on uneven pavement claims sits at a desk

More Resources About Making A Personal Injury Claim

Here is access to some further information on making a personal injury claim:

References:

Thank you for taking the time to read this guide about tripped and fell on uneven pavement claims.

How Much Compensation For An Eye Surgery Claim?

Negligent eye surgery could leave you with life changing injuries. In the most serious cases, it could leave you with sight loss or blindness in both eyes. In this guide, we look at how and when you could make a negligent eye surgery claim.

Our guide provides information on the criteria a clinical or medical negligence claim must meet. We then explore types of surgical negligence before looking at the claims process where we cover how to prove your case and how long you have in which to begin a claim. You can find information on how a compensation claim may be calculated as well as details of how a No Win No Fee solicitor could help you.

If you are ready to begin your claim or want to learn more, contact our team.

  • Dial 0800 073 8804 to talk to an advisor.
  • Start a claim online by requesting a call back from our team.
  • Click on the live chat below for more information.A man has a cover over one eye following eye surgery.

Browse Our Guide

Can I Make An Eye Surgery Claim?

If you are undergoing medical treatment, such as laser eye surgery, the medical professional carrying out your treatment owes you a duty of care. Whether you are being treated by the NHS or a private healthcare provider, they must meet expected professional standards. If they fail to do so, causing you harm, you could claim compensation.

In order for your eye surgery claim to be successful, you must meet the following eligibility criteria. These are that,

  • A healthcare or medical professional had a duty of care to you. This is automatic if you are under their care.
  • This duty of care has been breached. For example, a surgeon failed to properly carry out a surgical procedure on your eyes.
  • You sustained unnecessary harm because of this breach. This could include loss of vision or blindness.

Please contact us to find out if your circumstances qualify to make a negligent eye surgery claim.

What Types Of Eye Surgery Negligence Can I Claim For?

There are several different types of eye surgery which patients may undergo. If carried out negligently, any of these could result in an eye injury, such as sight loss or other harm to your vision.

In the following sections, we look at different types of eye surgery, how negligence could occur, and how you could be harmed as a result of this.

Retinal Detachment Surgery Compensation Claims

Retinal detachment surgery involves repositioning the patient’s retina to prevent sight loss. Examples of medical negligence could include:

  • Where the medical professional did not fully dilate your pupil to examine the back of your eye. They may miss key symptoms.
  • Where medical professionals do not take account of all of your symptoms and misdiagnose you with a different condition.

If left untreated, retinal detachment could lead to life changing injuries, such as loss of sight.

Laser Eye Surgery Compensation Claims

There are several common types of laser eye surgery. These include LASEK, LASIK, PRK surgeries. These direct a laser at the retina and are used to correct long and short-sightedness. Examples of negligence may include:

  • Failing to complete safety checks on equipment prior to usage, resulting in the use of defective equipment which causes harm.
  • Where you were given poor postoperative care leading to eye injuries, such as an infection.

You may be able to make a laser eye surgery compensation claim if harmed in the circumstances above.

Diabetes Eye Surgery Compensation Claims

Diabetes can cause damage to blood vessels, such as those in your eyes. This can cause harm to your vision.

  • Negligent ophthalmic surgery could affect or harm your vision.
  • The signs of diabetes were not diagnosed early enough and you suffered sight loss caused by diabetic retinopathy.

Glaucoma Eye Surgery Compensation Claims

Glaucoma surgery is carried out to relieve pressure by removing excess fluid from the eye(s). Negligence could include:

  • Delayed diagnosis or treatment which leads to permanent vision loss or blindness.
  • Where medical professionals provided incorrect glaucoma treatment. This may cause your condition to become worse, impacting your vision.

Whether you have been harmed by negligent cataract surgery, ophthalmic surgery or another type of surgical error, you could claim compensation. Please get in touch with our team today for more information.
A woman has an eye examination.

How Do I Prove That Medical Negligence Caused My Eye Injury?

Successful ophthalmic negligence claims require you to provide clear proof that they satisfy the eligibility criteria. This is a key part of the process of claiming for clinical negligence. You could submit the following as evidence of your claim:

  • A copy of your medical records. Your records should show your initial symptoms and diagnosis as well as any treatment given. These should also show what further harm you suffered and what treatment was necessary.
  • Details of any correspondence between yourself and your healthcare provider. This may include letters from the hospital or your GP surgery.
  • Photographs of any visible eye injuries, such as scarring.
  • The contact details of anyone who was witness to the negligent treatment.

One of our medical negligence solicitors could help you to collect evidence to prove your eye surgery claim. For more information, please contact our team.

How Long Do I Have To Make An Eye Surgery Claim?

Medical negligence claims, such as an eye surgery claim, must be made within the applicable limitation period. How long you have to claim is set out in the Limitation Act 1980. The standard time limit to begin a claim is three years.

This period could begin either the date on which the medical negligence occurred, or, if later,  the date on which you discovered that you had been harmed by medical negligence (known as the date of knowledge).

There are potential exceptions to this time limit. For example, in the case of a child eye surgery compensation claim, the time limit will not commence till they turn eighteen. Prior to this, an adult may claim on their behalf.

Please get in touch with our team for more information on when and how to claim on behalf of someone else.

A person has an optometry consultation.

What Compensation Could I Receive For Eye Surgery Negligence?

One of the most common queries with any type of medical negligence claim is how much compensation you may be awarded. Each eye surgery claim is individually assessed and valued.

However, we can look at how your compensation payout may be calculated.

Claims for medical negligence may be awarded both general and special damages. General damages may compensate you for any pain and suffering caused. Special damages may be awarded for the financial impact of your eye injury.

Those involved in calculating compensation for negligent eye surgery may use guidelines published by the Judicial College (JCG). These guidelines include those for different types of injury (such as different eye injuries) at different levels of severity. For example, compensation for loss of sight in one eye may differ to loss of sight in both eyes.

Examples Of Eye Injury Compensation

Below, we look at examples of compensation for different types of eye injury.

  • Multiple serious (eye) injuries and financial losses – up to £1,000,000 plus. This figure is not taken from the JCG.
  • Total blindness and deafness, considered to be among the most devastating injuries – in the region of £493,000.
  • Total blindness – in the region of £327,940.
  • Loss of sight in one eye with reduced vision in the other. Where there is a serious risk of the remaining eye further deteriorating – £117,150 to £219,400.
  • Loss of sight in one eye with reduced vision in the other. Where there are problems such as double vision in the remaining eye – £78,040 to £129,330.
  • Total loss of one eye – depending on age, cosmetic effect and psychological reaction – £66,920 to £80,210.
  • Complete loss of sight – one eye – £60,130 to £66,920.
  • Serious, but not total, loss of sight in one eye with no significant risk of losing sight in the other – £28,900 to £48,040.
  • Permanent, but minor, impaired vision in either both or one eye – £11,120 to £25,600.
  • Minor eye injuries – £4,820 to £10,660.

Partial or full loss of sight in either one or both eyes could have a serious and life long impact on you. In addition to being compensated for potentially life changing injuries themselves, you could also claim for their financial impact. This may include:

  • Medical care and treatment costs.
  • The cost of adapting your home or vehicle to cope with any disability suffered.
  • The cost of any care in the home necessary.
  • Loss of earnings and income.

You will need to submit proof or evidence when claiming for loss of earnings, or any type of special damages. This may include proof of income and invoices for medical care.

Find out what you could claim for negligent eye surgery by contacting our team today.

Make A Medical Negligence Compensation Claim On A No Win No Fee Basis

At Legal Expert, our expert medical negligence solicitors could help you to make an eye surgery claim. They will begin by assessing your case. If they believe that you have a valid claim, they may be able to offer you a Conditional Fee Agreement (CFA).

A CFA is a way to claim with a No Win No Fee solicitor without worrying about upfront or ongoing payments. Instead, under a CFA, your solicitor will not charge for their services until the end of your claim. They will also only charge for their services if the claim is successful. If your compensation claim was not successful, there is nothing to pay for their services.

If you are charged for their services, you will need to pay a success fee. This is calculated as a set percentage of your compensation. This percentage is limited under law and will be agreed with you in advance.

Please get in contact with us today to learn more about eye surgery claims.

  • Call our advisors now on 0800 073 8804.
  • Click to claim online by completing our form.
  • Get live support by clicking on our online chat below.

Personal injury lawyers work on an eye injury claim.

Learn More About How To Claim For Medical Negligence

Below, you can find more information related to medical negligence claims and medical professionals responsibility to patients.

External resources

We hope our guide has shown when you could make an eye surgery claim against a negligent medical professional. Please get in touch with our team for further answers to clinical negligence FAQs.