Author Archives: Patrick Mallon

About Patrick Mallon

Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

Could I Claim If My Manager Has Breached My Confidentiality In The UK?

Last Updated By Danielle Jordan on 7th January 2025. You may be asking, “Can I claim if my manager has breached my confidentiality in the UK?”. This guide will begin by looking at the two main pieces of legislation that have been enacted to protect your personal data and keep it confidential.

In this article, you’ll find helpful advice on whether you’re eligible to make a personal data breach claim and the steps you can take should your information become compromised. There is also a section containing some helpful examples of what could be classed as personal data.

Additionally, we explore the damages that could be awarded for a successful employer data breach claim and how legal professionals value certain areas of your case.

Get in touch with our advisors with any questions you may have. They’re available at any time of the day or night. To speak to an advisor about taking legal action for an employee breach:

If you’d like to learn about the key points from this guide, why not check out our video below:

Select A Section

  1. Could I Claim If My Manager Has Breached My Confidentiality In The UK?
  2. What Data Could Workplaces Hold?
  3. How Could My Manager Breach My Confidentiality In The UK?
  4. What Should I Do If My Manager Has Breached My Confidentiality In The UK?
  5. Compensation Payouts For A Breach Of Confidentiality
  6. Can I Claim For Breach Of Confidentiality With A No Win No Fee Solicitor?
  7. Read More About Claiming If Your Manager Has Breached Your Confidentiality

Could I Claim If My Manager Has Breached My Confidentiality In The UK?

Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, your employer has the responsibility of safeguarding your personal data. So if you are wondering whether you could make a personal data breach claim following the comprise of your confidential information at work what you have to bear in mind is that not all confidential information falls under the data protected by the above legislation.

In essence, when personal data’s confidentiality, integrity or availability has been impacted a breach has occurred.

To hold a valid personal data breach claim following the comprise of your confidentiality information, you must satisfy the following criteria:

  • A data controller or processor are the two main entities that are responsible for the protection of your personal data. The controller will decide the means and purpose of processing your personal data, while the processor could be a third party that is hired solely to process the information. In this scenario, your employer would be known as the data controller and to make a claim you must be able to show how they failed to adhere to data protection legislation.
  • The lack of adherence meant that a data breach occurred which involved your personal data.
  • Due to the fact that your personal data has been breached, you suffered mental and/or financial harm as a consequence.

Get in touch today to find out if you can claim for the confidentiality breach of your personal data.

Time Limits

Generally to make a personal data breach claim you must begin legal proceedings within 6 years. However, if your claim is against a public body (or involves a breach of human rights), then this time limit is reduced to 1 year. There are other exceptions to the rule, so please call for advice.

Our advisors can inform you whether or not you’re still within your time window. So If your manager has breached your confidentiality in the UK, get in touch and find out where you stand.

The Words Data And Breach On Wooden Blocks On A Table In Front Of Notebooks.

What Data Could Workplaces Hold?

The data that is protected by the DPA 2018 and the UK GDPR is personal data, and it is defined that way as it can be used to identify a living person who is known as the data subject. There is also a type of personal data known as special category data that is sensitive in nature and requires extra protection. Your employer is likely to process quite a bit of your personal data and therefore must seek to keep it confidential. That would mean training any employees including managers on data awareness. Failure to train the appropriate employees on data management can mean the employer is liable for a data breach.

Types of personal data are:

Special category data can include personal data about your:

  • Health
  • Religion
  • Trade Union Membership
  • Political opinion

How Could My Manager Breach My Confidentiality In The UK?

Now that you know the eligibility criteria for claiming compensation if “my manager has breached my confidentiality in the UK,” this section provides some examples of how this can occur. 

Potential examples can include:

  • Your manager attached your personal records to a group email instead of sending them directly to you. This email data breach exposed your address and other personal information.
  • Unauthorised persons were able to access a work laptop after a manager left it on the train. The lost device contained the HR records of multiple employees, including your own. 
  • Your manager verbally discloses information regarding your health to persons who have no right to know.

A workplace data breach can happen in many different circumstances, so if your particular situation is not given above, then don’t worry; you could very much still be eligible to begin a claim. For a free eligibility assessment, talk to our advisors today using the contact information given below.

What Should I Do If My Manager Has Breached My Confidentiality In The UK?

If you are considering making a claim, as the confidentiality of your personal data has been compromised, then you will need evidence to support your case.

Here are a few forms of evidence you can gather to support your case:

  • Correspondence – if your personal data has been breached and this infringes on your rights and freedoms your employer must notify you of this without undue delay. This letter of notification can be used as evidence.
  • Medical records – For the mental impact that a data breach has had on you.
  • Financial records – Present bank statements to prove any impact on your finances that a data breach may have had.

If your employer has breached your confidentiality, then get in touch to find out if you could make a claim.

Man Holds A Virtual Screen Computer With The Word Data Breach Hovering Over It.

Compensation Payouts For A Breach Of Confidentiality

Compensation payouts in these types of cases can come in two forms depending on the impact the breach has had on you.

First, it’s possible to claim compensation for the financial fallout of a breach of confidentiality. This is known as material damage.

Secondly, you can claim for the pychological impact the breach has caused, such as stress or anxiety, as well as the costs that come with this, such as losing out on pay if you had to take time off work.

Compensation is calculated based on how severe the impact has been.

To give you an idea of the level of compensation you could receive, we’ve included the table below. Created using figures taken from the Judicial College Guidelines (17th edition, published 2024), it offers you an insight into how much you could receive.

Please bear in mind that these figures serve as guidance only. Each case is unique and payouts can vary from case to case.

Impact On Mental HealthAmount (JCG Figures)
Very Serious Psychological Harm and Related ExpensesUp to £250,000+
General psychiatric damage - Severe£66,920 to £141,240
General psychiatric damage - Moderately Severe£23,270 to £66,920
General psychiatric damage - Moderate£7,150 to £23,270
General psychiatric damage - Less Severe£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD) - Severe£73,050 to £122,850
Post-Traumatic Stress Disorder (PTSD) - Moderately Severe£28,250 to £73,050
Post-Traumatic Stress Disorder (PTSD) - Moderate£9,980 to £28,250
Post-Traumatic Stress Disorder (PTSD) - Less Severe£4,820 to £9,980

If you’d like to check if you can claim compensation if your manager has breached your confidentiality, get in touch. We offer a free case check and can advise you on compensation amounts you could receive.

Manager-Has-Breached-My-Confidentiality

Can I Claim For A Breach Of Confidentiality With A No Win No Fee Solicitor?

Navigating the process of making a claim following a breach of your personal data’s confidentiality can be daunting. This is why it can be beneficial to seek the help of a legal representative. Our No Win No Fee solicitors could offer to represent your data breach claim if it is eligible. They can offer the follwoing benefits:

  • Assist you with gathering evidence.
  • Answer any questions you may have.
  • Provide guidance through the process.
  • Make sure your claim begins within the legal limitation period.
  • Work with you under a form of No Win No Fee arrangement.

The specific form of No Win No Fee arrangement that our solicitors work with their clients under is called a Conditional Fee Agreement (CFA). With a CFA in place, you can access your solicitor’s services without the need to pay them an upfront fee.

If your claim succeeds, under a CFA your solicitor can take a success fee from your compensation. The success fee takes the form of a legally capped percentage.

Get In Touch With Our Team

Our advisors are ready and waiting to help you with your claim. You can reach out on a 24/7 basis. Once you answer a few of their questions, they’ll be able to provide you with advice and guidance that is specific to your circumstances. To connect with an advisor and talk about the Data Protection Act and how your sensitive or confidential information was breached:

A client asks a data breach solicitor 'Can I claim if my manager has breached my confidentiality in the UK?'.

Read More About Claiming If Your Manager Has Breached Your Confidentiality

Hopefully, you now have the answer to the question, “Could I claim if my manager has breached my confidentiality in the UK?”

Below, we’ve included some links to additional resources that could be useful.

More of our guides:

Information from other sources: 

How To Make Plastic Surgery Negligence Claims

By Cat Way. Last Updated 7th June 2024. In this guide, we discuss plastic surgery negligence claims, including the eligibility criteria that need to be met in order to pursue medical negligence compensation and the evidence you could provide to prove medical negligence.

When you undergo plastic surgery, the medical professionals performing the procedure and providing your treatment owe a duty of care to provide the right standard of care. If they fail to meet this standard, it may lead to you suffering avoidable harm. If this is the case, and you make a successful medical negligence claim, you could be awarded compensation to address the way in which you were affected. We discuss the way medical negligence compensation payouts are calculated later in our guide, as well as what they could include.

Additionally, we look at examples of the ways plastic surgery, such as a tummy tuck, breast reduction, a surgical fat transfer, could go wrong and the complications that could arise as a result.

Finally, we discuss how you could benefit from working with one of our No Win No Fee solicitors and the services they could offer.

To find out more, please contact an advisor. They are available 24/7 to provide free advice and answer any questions you might have about starting a clinical or medical negligence claim. You can reach them in the following ways:

A doctor holding a needle.

Jump To A Section

  1. Can I Make A Plastic Surgery Negligence Claim?
  2. Examples Of Plastic Surgery Negligence You Could Claim For
  3. How Can I Prove My Plastic Surgery Negligence Claim?
  4. How Much Could I Claim For Negligent Plastic Surgery?
  5. How To Make No Win No Fee Plastic Surgery Negligence Claims
  6. Related Medical Negligence Claims

Can I Make A Plastic Surgery Negligence Claim?

All medical professionals owe a duty of care to their patients to provide care that meets the correct standard. If they neglect this duty, then you may wonder whether you could make a medical negligence claim.

To begin a claim for medical negligence, you need to meet the following eligibility criteria:

  1. Showing that you were owed a duty of care by a medical professional, such as the surgical team responsible for your plastic surgery.
  2. Proving that this duty of care was breached. 
  3. Proving that because of this breach, you suffered harm that could have been otherwise avoided.

In some cases, you may have suffered further illness or injury even after being given the correct standard of care. In these instances, it may not be possible to make a medical negligence claim. This is because there are situations where a further illness or injury is necessary to treat you. For example, if a patient had breast cancer and required mastectomy surgery, this will likely leave scarring. However, the unwanted effects of the surgery will have been necessary to treat the patient. 

Is There A Time Limit To Claim Compensation?

The standard time limit for medical negligence claims can be found in the Limitation Act 1980. It states you have three years to begin your claim either from the date medical negligence occurred, or the date you realised medical negligence had occurred. The latter is called the date of knowledge. 

For further guidance on the time limits and eligibility criteria for plastic surgery negligence claims, please call our team on the number above.

Examples Of Plastic Surgery Negligence You Could Claim For

Plastic surgery negligence could happen by not following the proper frameworks, using defective products, using the wrong technique or equipment and not providing the right aftercare.

Below, we have provided some examples of how plastic surgery could go wrong:

  • A surgeon performing a face lift slips while making an opening with an iris scissor, causing facial disfigurement and excessive scarring. 
  • Too much anaesthesia is given during a rhinoplasty operation, causing traumatic brain injuries from oxygen depletion. 
  • The surgeon penetrates the tube too deeply during liposuction, puncturing an internal organ, such as your kidney. 
  • Defective implants are used in breast augmentation surgery, leading to silicone poisoning. 

Our advisors can offer information and guidance on plastic surgery negligence claims if you have sustained avoidable harm following a surgical procedure. Please reach out to an advisor today using the number above.

There are a number of different kinds of cosmetic surgeries, and they all come with their own risks. All surgeries have a chance of going wrong, but as we’ve already mentioned, this risk alone isn’t enough to make a claim. You need to be able to prove that negligence occurred. 

What Kinds Of Cosmetic Surgeries Can Go Wrong?

There are a number of different kinds of cosmetic surgeries, and they all come with their own risks. All surgeries have a chance of going wrong, but as we’ve already mentioned, this risk alone isn’t enough to make a claim. You need to be able to prove that negligence occurred.

As long as you can prove that negligence occurred, you could potentially make a plastic surgery negligence claim for harm caused by a:

  • Tummy tuck.
  • Liposuction.
  • Facelift.
  • Eyelid surgery.
  • Hair transplant.
  • Cheek or chin implants.
  • Breast lift, augmentation, or reduction.
  • Rhinoplasty.
  • Fat removal.
  • Butt augmentation.
  • Jaw reshaping.

If you’ve been harmed by the negligence of a medical professional during a cosmetic procedure, contact our team of advisors today. Or, read on to learn more about making a plastic surgery negligence claim.

How Can I Prove My Plastic Surgery Negligence Claim?

Evidence is vital in plastic surgery negligence claims for showing the extent of the avoidable harm you suffered and that it was caused by a medical professional breaching the duty of care they owed.

Here are some examples of what you could collect:

  • Photographs to show any visible injuries, such as scarring.
  • A diary recording your mental and physical symptoms and any treatment you needed.
  • Medical record copies, such as scans, test results, doctor reports and hospital reports.
  • Contact details of any witnesses, such as those who have attended appointments with you.

The Bolam Test

The Bolam Test might also be carried out, however this is decided on a case-by-case basis and is not something you need to organise yourself. This is where a panel of relevantly trained medical professionals decide whether the care delivered met the correct standard. If their findings support your case, these could be used as evidence to strengthen your claim.

If you would like help gathering evidence and building your case, you could benefit from working with a solicitor. Our solicitors have experience handling plastic surgery negligence claims and could assist you throughout the different stages of the claims process.

To find out whether you’re eligible to have a solicitor begin working on your case, call our team on the number above.

How Much Could I Claim For Negligent Plastic Surgery?

There are potentially up to two heads of loss that could be awarded for successful plastic surgery negligence claims. 

Firstly, general damages will be awarded if a claim succeeds. This head compensates for the pain and suffering that has resulted from the plastic surgery negligence.

To help them work out the potential value of your general damages, solicitors can look at the Judicial College Guidelines (JCG) and the records from your medical assessments. The JCG documents several types of harm at varying levels of severity. Each injury has a corresponding guideline compensation bracket. 

Compensation Table 

We have included some possible injuries relating to plastic surgery negligence from the JCG. The compensation brackets are to be used as a guide only.

Harm TypeCompensation Bracket - Guidelines Level Of Severity
Multiple Severe Injuries + Special DamagesUp to £500,000+Severe
Brain damage£267,340 to £344,150Moderately severe (b)
£110,70 to £183,190Moderate (c) (ii)
Facial disfigurement£36,340 to £118,790Very severe scarring (a)
£21,920 to £59,090Less severe scarring (b)
£11,120 to £36,720Significant scarring (c)
£4,820 to £16,770Less significant scarring (d)
KidneyUp to £78,080Significant (b)
£37,550 to £54,760Loss of one kidney (c)

Further Types Of Compensation For Negligent Plastic Surgery

Secondly, special damages may be awarded. This head of claim makes up for the finances you have lost due to the medical negligence. For example:

Keeping hold of any payslips, receipts, bank statements, invoices, and travel tickets as evidence of financial losses is vital. 

If you would like a free and personalised estimate of how much compensation could be awarded for a successful medical negligence claim, please call our team on the number above.

How To Make No Win No Fee Plastic Surgery Negligence Claims

If you are connected to our panel of solicitors, they can offer to represent you on a No Win No Fee basis under a Conditional Fee Agreement (CFA). 

Under a CFA, you do not have to pay any money for your solicitor’s services before or during the plastic surgery negligence claims process. If your claim is unsuccessful, there is still no need to pay money for your solicitor’s work. 

Your solicitor will take a ‘success fee’ if your claim is successful. This is where they can take a legally capped percentage of your awarded compensation. This cap ensures you still receive the greater part of your compensation.

Get In Touch With Our Team 

If you get in touch with our team, they can carry out a free case assessment to determine whether you’re eligible to make medical negligence claim. If you are, they could connect you with one of our No Win No Fee solicitors.

Alternatively, you may have more questions about plastic surgery negligence claims.

Either way, our advisors can help. To reach out, you can:

Related Medical Negligence Claims

For more of our helpful guides:

Other resources that could help:

  • A helpful guide exploring safety in surgery by The British Association of Aesthetic Plastic Surgeons (BAAPS).
  • A helpful guide on cosmetic procedures from the NHS.
  • Read about a nurse’s duty of care from the Royal College of Nursing (RCN).

Thank you for reading this guide on plastic surgery negligence claims. If you have any other questions, please contact an advisor on the number above.

Energy Company Data Breach – Can I Claim Compensation?

This guide explains when you could claim compensation for an energy company data breach. We cover the legislation that establishes a legal requirement to protect personal data and the parties responsible for adhering to data protection laws.

energy company data breach

Energy Company Data Breach – Can I Claim Compensation?

We also provide some examples of data breaches and the financial and psychological impact they could have.

Furthermore, we discuss the evidence you could gather to show the way you have been affected by a breach of your personal data.

Later in this guide, we note the compensation that can be awarded for financial loss, psychological harm or both if a personal data breach claim is successful.

To conclude, we discuss the benefits of working with one of our data breach solicitors under No Win No Fee terms.

Speak to our advisors for a free consultation and assessment of your potential data breach compensation claim. To reach them, you can:

Select A Section

  1. Can I Claim For An Energy Company Data Breach?
  2. Examples Of Energy Company Data Breaches
  3. Evidence Supporting Energy Company Data Breach Claims
  4. Check How Much Compensation You Could Claim
  5. No Win No Fee Data Protection Breach Solicitors
  6. Check Our Related Data Breach Guides

Can I Claim For An Energy Company Data Breach?

There are two parties who have a responsibility with regards to the handling, storing and processing of your personal data. The data controller determines how and why personal data is processed. The controller may process the personal data themselves, or outsource this task to a data processor who acts on the controller’s instructions. 

Both the controller and the processor must follow two key pieces of data protection law, the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (GDPR.) If there is a failure to adhere to these laws, and this causes your personal data to be compromised, it could lead to you suffering financial loss, mental harm, or both.

The Information Commissioner’s Office (ICO), the body responsible for upholding data subject rights and freedoms in the UK, defines a personal data breach as a security incident impacting the availability, confidentiality or integrity of personal data.

In order to begin a personal data breach claim, you need to prove:

  • The data controller or processor did not meet their obligations under data protection law.
  • This led to a breach which impacted your personal data.
  • You suffered financial loss, mental distress or both as a result.

Time Limits

The time limit for starting a data breach compensation claim is generally six years. However, if the claim is against a public body, this is reduced to one year.

Our advisors can discuss this in more detail and let you know how long you have to take legal action. They can also cover the eligibility criteria for energy company data breach claims in more depth. Just phone today via the above number.

Examples Of Energy Company Data Breaches

Personal data is information that can be used to identify you either directly, or indirectly when used alongside other information. This can include your name, email address, postal address, phone number and your credit or debit card details. Examples of how a breach of your personal data could occur include:

  • A mass email is sent to customers but there is a failure to use the blind carbon copy (BCC) function. As a result, other customers gain access to your email address.
  • The energy company fails to take steps to encrypt personal data related to your finances, including your debit card details, that is stored online. As a result, it is accessed more easily in a cyber attack such as a ransomware attack. This leads to money being stolen from your account.
  • After an employee takes files home containing your personal data, the files are lost. As a result, this causes you stress and anxiety.
  • A letter containing your personal data is sent to the wrong postal address, despite the company having the correct details on file. This means unauthorised access to your personal data is gained.

To find out whether you’re eligible to begin a claim for a personal data breach, please contact an advisor. They can discuss your specific case with you and help you understand the potential next steps you could take.

Evidence Supporting Energy Company Data Breach Claims

Your claim will need relevant evidence highlighting the breach and how it affected you. This includes:

  • A record of communication between you and the company. This can show how the breach occurred and what personal data was affected.
  • Medical records, which you can request from your healthcare provider, showing psychological harm caused by the breach.
  • Proof of financial loss caused by the breach. This can include bank statements to show any money stolen from your account.

The data controller must inform you of a personal data breach that puts your rights and freedoms at risk without undue delay. If they have not contacted you and you suspect a breach has compromised your personal data, you can contact them directly. If they do not give a meaningful reply within three months, you can make a complaint to the ICO. The ICO may investigate your complaint and any findings from this investigation could be used as evidence if you go on to make a personal data breach claim.

If you have a valid energy company data breach claim and wish to seek legal representation, you could instruct one of our solicitors to help you seek compensation. Find out how they could assist you by calling the number above.

Check How Much Compensation You Could Claim

Following a successful personal data breach claim, you could receive compensation for the material damage or non-material damage you have suffered, or both together.

Non-material damage refers to the psychological harm you have experienced due to the breach of your personal data, such as anxiety, depression, or Post-Traumatic Stress Disorder (PTSD), in more severe cases.

Material damage refers to the monetary losses incurred as a result of the personal data breach. This could include, for example, money stolen from your account or loans taken out in your name due to your debit or credit card details being compromised. It could also include lost income from time taken off work to recover from the psychological impact of the breach.

Due to a judgement made in the Court of Appeal in the case of Vidal-Hall and others v. Google Inc [2015], you can seek compensation for psychological harm without also having experienced any monetary loss. 

Legal professionals working on a case may use medical records to assess  the value of a data breach claim. They may also refer to the Judicial College Guidelines which contains a list of guideline compensation brackets corresponding to different types of mental harm. 

Compensation Table

We have used figures from the JCG to produce the table below. Please note that these figures are only a guide.

Edit
HARM COMPENSATION NOTES
Severe Psychiatric Damage £54,830 to £115,730 A very poor prognosis with marked problems impacting different areas of the person’s life, such as their work, education and relationships.
Moderately Severe Psychiatric Damage £19,070 to £54,830 Significant problems impacting different areas of the person’s life but with a better prognosis than the bracket above.
Moderate Psychiatric Damage £5,860 to £19,070 A good prognosis along with an improvement of a significant nature.
Less Severe Psychiatric Damage £1,540 to £5,860 The award given can depend on how long the person was affected and to what extent.
Severe Post-Traumatic Stress Disorder (PTSD) £59,860 to £100,670 The affected person will be unable to function at pre-trauma levels and every aspect of their life will be negatively affected.
Moderately Severe PTSD £23,150 to £59,860 A better prognosis due to receiving professional help and having some recovery. Despite this, the effects are still likely to cause a significant disability in the future.
Moderate PTSD £8,180 to £23,150 A significant recovery with any ongoing issues not being majorly disabling.
Less Severe PTSD £3,950 to £8,180 The person has a mostly full recovery within a couple of years and any symptoms that continue over a longer period will be minor.

Speak to an advisor if you want to know more about how payouts for energy company data breach claims are calculated. 

No Win No Fee Data Protection Breach Solicitors 

Our advisors can let you know if you have grounds to make an energy company data breach claim. If you do, you might wish to instruct one of our solicitors to help you. They can offer you a No Win No Fee arrangement called a Conditional Fee Agreement. This agreement typically means you are not charged for your solicitor’s services:

  • Upfront;
  • As the case goes on;
  • If the claim fails.

A claim with a successful outcome means a solicitor will collect a percentage of your compensation as their success fee. This percentage is capped by The Conditional Fee Agreements Order 2013.

Speak To An Expert

If you have been affected by an energy company data breach and aren’t sure what to do next, speak to our advisors for free advice. To reach them, you can:

Check Our Related Data Breach Guides

More of our guides:

Some further resources:

Thank you for reading our guide on whether you could claim following an energy company data breach. If you have any other questions, please contact an advisor on the number above.

Do I Need To Attend A Medical Exam After A Car Accident To Claim Compensation?

In this guide, we’re going to examine whether you need to attend a medical exam after a car accident. We will explain why you need a medical exam after a car accident and who performs the same. We will illustrate the details of the examination and whether your entire medical history will be reviewed. 

Key Points On Medical Examination After A Car Accident

  • You will need to attend a medical examination after your car accident to determine the extent of your injuries.
  • Your medical examination will be conducted by a medical professional who’s an expert in the injuries you’ve suffered.
  • The medical expert will prepare a report, which will be sent to you and your solicitor for verification. If you are satisfied with the report, you will be asked to sign.
  • If you work with one of our No Win No Fee solicitors, the expense of the medical assessment may be covered under this agreement.

Interested in making a car accident claim? You can contact our team for information by:

Medical exam after car accident of two cars required.

Choose A Section or Browse Our Guide

  1. Will I Need To Attend A Medical Exam After A Car Accident To Claim Compensation?
  2. Why Do I Need To Attend A Medical Examination In A Car Accident Claim? 
  3. Who Performs The Medical Examination?
  4. What’s Involved In The Medical Examination?
  5. Will My Entire Medical History Be Reviewed?
  6. Do I Still Need A Medical Examination If I Have A Pre-Existing Condition? 
  7. Do I Need To Attend A Medical Assessment If I’m No Longer Injured? 
  8. Who Pays For The Medical Examination? 
  9. Read More About Claiming Car Accident Compensation

Will I Need To Attend A Medical Exam After A Car Accident To Claim Compensation?

In recent years, legislation was introduced and underpinned by the Civil Liability Act 2018, which placed a ban on claims being settled without an independent medical report.

The prospect of attending a medical exam after a car accident may seem intimidating. However, it is a necessary procedure for us to determine the full details of your claim. In the section below, we will explain how the medical examination would help in strengthening your car accident claim.

Want to claim for an accident on a bend in the road? Contact our team for more information.

Why Do I Need To Attend A Medical Examination In A Car Accident Claim?

This examination will help to provide details on:

  • The extent and seriousness of the injuries
  • Recovery time
  • The treatment and care you’ll need.
  • How much the injuries have impacted your daily life and your earning capability.

Are you a cyclist who was hit by a moving car? Contact us now to find out if you have an eligible car accident claim.

Who Performs The Medical Examination?

You will be examined by a professional who has knowledge and experience of your injuries. For instance, if you have suffered from multiple fractures, an orthopaedic specialist will examine you. If you’ve suffered from scarring on your face, your examination may be carried out by a dermatological expert. 

Want more information on your legal rights in car accident personal injury claims? Contact our team to know your rights.

What’s Involved In The Medical Examination?

The medical expert will conduct an examination and request the details of your accident. They’ll ask how your injuries have impacted your daily life and the extent of the pain you are suffering. The expert would decide the treatment you need and they may refer you to other medical practitioners, if required. We’ll try to ensure that your examination is conducted close to your home to make it convenient for you. 

Once your examination is complete, the medical professional will prepare a detailed report. This report will contain an expert opinion on the impact of the accident. This will be sent to you for your approval. You and your solicitor can assess whether the report gives an accurate account of your injuries. If you’re satisfied with the report, you will be directed to sign a medical agreement form. This is a form which confirms that the information on your report is correct and authentic.  Once you sign this, it can be used by your solicitor to calculate the damages you can claim.

Want to know more about pedestrian accident claims? Do not hesitate to let us know. 

Will My Entire Medical History Be Reviewed?

In most cases, the expert wouldn’t need to examine your entire medical history. The medical report we request for would majorly focus on the injuries sustained by you in the accident. However, in more complex cases of serious injuries, they may need your full medical history. This would then form part of the medical report on your injuries. We assure you that we’ll maintain full confidentiality while handling your information. We’ll use this information only to assess the accurate amount of damages and for no other purpose.

Wish to know about claiming for whiplash injuries, you can contact our team, and we’ll guide you.

Do I Still Need A Medical Examination If I Have A Pre-Existing Condition?

You would still need to attend a medical examination after a car accident if you have a pre-existing condition. This is because the car accident could’ve worsened your pre-existing condition. In order to strengthen your claim, it would be essential to include the full impact of your injuries. We would also refer to the Judicial College guidelines (JCG) to determine the compensation you could claim for your injuries. 

Confused about what special damages are in personal injury claims? Contact our team for more information.

Do I Need To Attend A Medical Assessment If I’m No Longer Injured? 

It makes sense to ask this since you have 3 years to make your claim under the Limitation Act, 1980. However, the medical examination after a car accident would help to underline the full extent of your injuries. Even if you’ve fully recovered, we would need to quantify the pain and financial loss suffered to seek compensation. It would also be necessary to determine how long it took you to recover from the injuries.

To understand the compensation you could claim for your case, you can use our compensation calculator or reach out to our team.

Who Pays For The Medical Examination? 

If you decide to work with our car accident solicitors, your claim will be handled under a No Win No Fee agreementThis means that we operate on a Conditional Fee Agreement (CFA) and there will be no upfront consultation fees. So you’ll pay us only if your claim is successful.

Generally, as part of this service, the cost of the medical examination may be covered. This means usually you would not have to pay for this out of your own pocket.

We’ll deduct a fixed percentage from your compensation as the success fee if your car accident claim is successful. The law has placed a limit on this and your No Win No Fee agreement shall mention the percentage. If your claim is not successful, you won’t have to the solicitor for this service.

Interested in pursuing a No Win No Fee personal injury claim with us? You can contact us by:

a lawyer discussing a medical exam after a car accident with a client

Read More About Claiming Car Accident Compensation

Thank you for viewing our guide on ‘Do I Need to Attend a Medical Exam After a Car Accident to Claim Compensation?’ Here are some more guides from our website which may be helpful:

We present some external resources which you might find relevant:

 

How Much Could I Claim If A Hospital Missed A Lumbar Fracture?

Has the hospital missed your lumbar fracture? Do you want to claim medical negligence compensation and find out how much you could receive if successful? If so, this guide will answer any questions you may have regarding this matter.

Legal professionals can help provide a better understanding of the potential compensation that could be awarded to you as they have experience and knowledge of past cases. We look at what successful settlements could consist of and how they are calculated. 

Hospital-Missed-A-Lumbar-Fracture

A Guide To A Medical Negligence Claim After A Hospital Missed A Lumbar Fracture

To pursue compensation due to the negligent actions of a medical professional, you must meet key eligibility criteria. This guide outlines the elements you must satisfy to proceed with your medical negligence claim.

You may be unsure what cases of a missed lumbar fracture at a hospital could qualify for a medical negligence compensation claim. Therefore, we will provide examples of how a missed fracture could occur within a hospital. 

As mentioned above, certain elements must be present in your case to successfully claim hospital negligence compensation. Because of this, we examine how evidence can support your case and what you could submit to do so.

Finally, this guide looks at the valuable help our solicitors provide and the specific No Win No Fee agreement they work under. If you have an eligible case, you may be able to gain this support. Talk to our advisors now to uncover the validity of your clinical negligence claim.

To begin your journey with us today, get in touch by:

 Select A Section 

  1. How Much Could I Claim If A Hospital Missed A Lumbar Fracture?
  2. Am I Eligible To Claim If A Hospital Missed My Fracture?
  3. How Could A Hospital Have Missed Your Lumbar Fracture?
  4. Evidence Which Could Support Your Missed Fracture Claim
  5. Talk To Our Specialist Team
  6. Further Guidance On Claiming If A Hospital Missed A Lumbar Fracture

How Much Could I Claim If A Hospital Missed A Lumbar Fracture?

If a medical negligence compensation claim after a hospital missed your lumbar fracture is successful you will be awarded a settlement. 

Your settlement could comprise two kinds of damages, the first being general damages. This compensates for the mental suffering and physical injury brought about by a breach of duty of care owed to you. Your settlement could hold a significant value depending on the severity and amount of harm you’ve suffered.

A legal professional could help by ensuring that all your injuries are accounted for. They may obtain medical evidence to assist them as part of the valuation process. Also, they could utilise a document called the Judicial College Guidelines (JCG), which we have referred to, to provide the table below.

It is important to point out that the figures taken from the JCG are only guidance amounts. That is because each case differs and receives varying levels of compensation. As such, we cannot guarantee the compensation you could receive.

Compensation Table

Edit
Harm Severity Compensation Notes
Back Severe (i) £91,090 to £160,980 Nerve root damage, leading to severe pain and incomplete paralysis.
Severe (ii) £74,160 to £88,430 Damage to nerve roots leading to impaired mobility.
Severe (iii) £38,780 to £69,730 Fractures, leading to chronic conditions including severe continuing pain and agility impairment.
Moderate (i) £27,760 to £38,780 Crush fracture of the lumbar vertebrae, with nerve root irritation and substantial risk of osteoarthritis.

What Further Compensation Could You Get?

If you qualify for general damages, then you could also be awarded compensation for special damages. Special damages aim to compensate you for the financial losses that have occurred due to medical negligence. 

So long as relevant evidence can be supplied, you could pursue compensation for various losses, including:

  • Your loss of earnings from not being able to work
  • Home adaptations to provide you with greater independence
  • Medical expenses 

If the hospital missed your lumbar fracture and you’re eligible to claim medical negligence compensation, our solicitors could help you gather evidence as part of their service. Get in touch with our advisors now to see if your case is valid.

Am I Eligible To Claim If A Hospital Missed My Fracture?

All medical professionals or practitioners once they agree to treat a patient owe them a duty of care. This means that the service and treatment that they provide must be of the correct standard. If this standard were to fall and the practitioner deviates from standards within their profession and causes avoidable harm through actions or omissions medical negligence would occur. Therefore, to make a medical negligence compensation claim, you must be able to show that:

  • You were owed a duty of care
  • This duty of care was breached
  • As a result of the breach, you suffered avoidable harm

If a doctor were to miss your fractured lumber vertebrae, this would not automatically mean that they have breached their duty of care. In order to have a valid claim the missed fracture must have occurred due to the doctor not upholding the necessary level of care.

How Long Do You Have To Claim For Medical Negligence

Generally, you have three years to begin your medical negligence claim from the incident date or your date of knowledge. The Limitation Act 1980 outline these rules and provides certain exceptions to them, like when someone under 18 or lacking mental capacity is harmed.

If a hospital missed your lumbar fracture and you want to claim clinical negligence compensation, contact our advisors today. They can provide more information on what the date of knowledge is and the exceptions to the general time limitation.

How Could A Hospital Have Missed Your Lumbar Fracture?

If the doctor or healthcare professional at the hospital missed your lumbar fracture, you may be unsure if it entitles you to medical negligence compensation. Below, we provide examples of how you might suffer unnecessary harm due to your lumbar fracture going undetected at the hospital.

  • A radiologist could carry out your X-ray incorrectly. This could lead to your fracture being difficult to identify in your X-ray. Due to your injury being left untreated, you could suffer nerve damage that might require surgery.
  • Your doctor could misinterpret your X-ray, meaning they fail to diagnose your injury. In severe cases, this could lead to damage to the spinal cord and nerve roots. 
  • During a consultation, your doctor misdiagnoses your fracture as a sprain because they failed to listen clearly to your symptoms. Because of the medical misdiagnosis and failure to correctly treat your injury, you experienced paralysis. 

There are a multitude of reasons why your lumbar fracture could have been missed during your hospital visit. The key element that must be present in your case is that the harm you suffered must have been avoidable and resulted from a breach of duty of care.

Therefore, to discover the validity of your case, contact our advisors today for a free consultation.

Evidence Which Could Support Your Missed Fracture Claim

To claim medical negligence compensation because a hospital missed your lumbar fracture, you must be able to prove key elements. Firstly, you need to show that you didn’t receive the correct standard of care. Additionally, you must show that this breach caused you to suffer unnecessary harm.

This is where evidence can be useful and used to support your case. Evidence can help prove the presence of medical negligence in your case and show how it affected you. To assist with your clinical negligence claim, you could provide:

  • Medical records that outline the unnecessary harm you suffered
  • Witness contact details of anyone present during your hospital consultations
  • Photographs of any visible, avoidable harm you endured
  • Doctor’s notes that show prescriptions for incorrectly diagnosed conditions

If you’re uncertain about what evidence you should use to support your hospital negligence claim, speak with our advisors today. They would provide a free case assessment and, if eligible, could pass you over to one of our solicitors. Our solicitors can supply an evidence portfolio to assist your case as part of their service.

Talk To Our Specialist Team

Our experienced solicitors have supported countless people through the legal process when making medical negligence claims. If you desire similar support and have an eligible claim, you may be offered a Conditional Fee Agreement (CFA), a specific type of No Win No Fee agreement.

A CFA means you don’t have to pay any solicitor fees upfront, during your case or if it doesn’t succeed. If your claim wins, your solicitor will subtract a success fee from your compensation. However, the percentage deducted is legally capped.

Make A No Win No Fee Claim

If a hospital missed your lumbar fracture and you want to make a clinical negligence claim on a No Win No Fee basis, contact our advisors now. You can arrange a call to suit your availability or speak with us online. If, following a free consultation, your case is deemed eligible, you may be offered the services of one of our medical negligence solicitors.

You can get in touch with our advisors today by:

Further Guidance On Claiming If A Hospital Missed A Lumbar Fracture

Thank you for reading our guide about a medical negligence claim because a hospital missed your lumbar fracture. For more of our helpful guides, please look below:

For some external help, please look here:

How To Make A Paramedic Negligence Claim

Last Updated 14th June 2024. This guide discusses when you could be eligible to make a paramedic negligence claim. We start by outlining the eligibility criteria you must satisfy to claim paramedic negligence compensation, including the duty of care owed by healthcare professionals. This guide explores a healthcare professional’s duty of care to their patients and looks at how if this duty is breached avoidable harm can be suffered. 

We look at the evidence that could be submitted that provides proof of paramedic negligence as well as the harm this caused. This entails outlining the usefulness of evidence and what you could use. Also, we look at how a legal professional could work out how much your case could be worth and what might be included in your settlement if successful.

To conclude, this guide addresses the benefits of appointing a No Win No Fee solicitor and how you can access their services without paying anything upfront. To uncover the eligibility of your case and see if you can work with one of our specialist negligence solicitors, contact our advisors today.

You can get in touch with one of the advisors from our team now by:

  • Calling us on 0800 073 8804
  • Filling in our Claim Online form to begin your enquiry
  • Speaking with us using live chat on our website

ambulances outside of a hospital

Select A Section

  1. Can I Make A Paramedic Negligence Claim?
  2. How Could Paramedics Be Negligent?
  3. How Can I Prove Paramedic Negligence?
  4. How Much Compensation Could I Claim For Paramedic Negligence?
  5. Could I Bring A No Win No Fee Paramedic Negligence Claim?
  6. Related Ambulance And Paramedic Negligence Claims

Can I Make A Paramedic Negligence Claim?

Paramedics are trained medical professionals who provide emergency care, typically outside of hospitals. Most commonly, this means members of ambulance crews. As medical professionals, a paramedic has a duty of care to every casualty to provide care at the correct standard.

Failing to meet this standard can lead to individuals experiencing avoidable harm. We have summarised the paramedic negligence claim eligibility criteria below:

  1. You were owed a duty of care by a paramedic.
  2. That paramedic breached this duty in some way.
  3. Their breach resulted in you experiencing avoidable harm.

Is There A Time Limit For Medical Negligence Claims?

As per the Limitation Act 1980, most medical negligence claims need to be made within 3 years. This is counted either from the date of the incident, or from the date you would have been first expected to connect the harm you sustained with the paramedic’s actions. This is known as the date of knowledge. 

However, this is not always the case as exceptions can be made to the general 3 year rule, including:

  • Children: those under 18 when the incident occurs will have until their 21st birthday to claim.
  • Individuals without sufficient mental capacity: persons lacking the mental capacity to claim on their own behalf will have the time limit halted altogether.

In these scenarios, a suitable adult may apply to be the patient’s litigation friend and begin the claim sooner. To get a free assessment of your eligibility to claim paramedic negligence compensation or to inquire further about the time limits, contact our advisors today.

How Could Paramedics Be Negligent?

As part of the eligibility criteria, you must have suffered avoidable harm to make a paramedic negligence claim. Below, we discuss the types of errors paramedics could make that may cause you harm.

  • A paramedic may provide you with the wrong medication, making you sick and worsening your condition
  • You could experience a delay in treatment when a paramedic fails to spot your stroke symptoms due to a medical misdiagnosis, leading to brain damage
  • Whilst receiving medical attention, a paramedic could mishandle you, leading to you suffering an injury

The above list is not exhaustive, so contact our advisors now to discover if the treatment you received from a negligent paramedic qualifies you to make a paramedic negligence claim. They will provide a free case assessment to uncover the validity of your case.

How Can I Prove Paramedic Negligence?

A key part of your paramedic negligence claim will be collecting supporting evidence. In addition to showing how the paramedic’s breach of duty resulted in you experiencing avoidable harm, this evidence will also demonstrate the impact this harm had on you.

We have provided some examples of evidence you could use to demonstrate paramedic negligence here:

  • It is always advisable to seek proper medical treatment after experiencing medical negligence. As well as prioritising your health, the medical records generated by this treatment will be very useful in showing what avoidable harm was caused by the paramedic. 
  • Photographs of your injuries and the harm caused by the paramedic’s substandard care can also be useful.
  • Details of any medication given to you by the paramedic.
  • Someone who was with you at the scene or in the ambulance could provide a witness statement. Be sure to take down their contact information so they can give their statement during the claims process.

Working with one of our highly experienced medical negligence solicitors could prove very useful when collecting evidence. As well as helping you to gather a thorough body of supporting evidence, a trained legal professional can also ensure your paramedic negligence case is made within the relevant time limit.

For a free assessment of your eligibility to claim, talk to our advisors today using the contact information given below.

How Much Compensation Could I Claim For Paramedic Negligence?

You may wonder how much compensation you could receive if your case is successful. Settlements awarded in successful paramedic negligence claims can include up to two heads of claim.

The first compensates you for the mental suffering and physical injury you’ve experienced due to the breach of duty and is known as general damages. Several factors are considered in the determination of the level of compensation you’re awarded, including:

  • How your quality of life has been affected by the avoidable harm you’ve suffered
  • The severity of the unnecessary harm you’ve endured
  • Your recovery time

Additionally, a legal professional could utilise a document called the Judicial College Guidelines (JCG) to help assign your case a value. This document supplies guideline valuation brackets for different harm after analysing figures previously awarded in cases that have gone to court. Also, a medical report can be obtained as part of the process to help more definitively value your case.

Due to the unique nature of each case, we cannot guarantee the compensation you could receive. However, below is a table of guidance figures taken from the JCG for different types of harm.

Compensation Table

Please take note that the figures given in this table are for guidance only. The top entry was not taken from the JCG.

HarmSeverityCompensation
Multiple Instances of Very Serious Harm as well as Serious Financial LossesVery SeriousUp to 500,000+
Brain DamageModerately Severe (b)£267,340 to £344,150
Moderate (c) (i)£183,190 to £267,340
Digestive SystemNon-traumatic Injury (b)(i)£46,900 to £64,070
Non-traumatic injury (b)(ii)£11,640 to £23,430
WristSignificant Permanent Disability£24,500 to £39,170
Less Severe£12,590 to £24,500
BackModerate (b)(ii)£15,260 to £33,880
Minor (c)(i)£9,630 to £15,260
AnkleModerate (c)£16,770 to £32,450

Can I Claim Back The Money I Lost Because Of My Injuries?

Your settlement could also include compensation that seeks to address financial losses you’ve incurred due to paramedic negligence. This head of claim is known as special damages. You should consider gathering evidence of these losses to ensure you’re compensated fully for them.

Potential evidence you could supply to prove these losses includes:

  • Payslips that outline the earnings you’ve lost due to being unable to work
  • Medical invoices that show the expenses you’ve incurred to recover
  • Travel receipts that highlight the costs you’ve incurred due to being unable to drive

You will only be compensated for the harm you suffered that was avoidable. You will not receive compensation for the original ailment. As part of their service, a solicitor could help you gather evidence if your paramedic negligence claim is eligible. For a free consultation, contact our team of advisors today.

Could I Bring A No Win No Fee Paramedic Negligence Claim?

If you have an eligible paramedic negligence claim, consider instructing a solicitor on a No Win No Fee basis to provide expert advice. On such a basis, you could appoint a solicitor under a Conditional Fee Agreement to ensure:

  • When you appoint a solicitor, you don’t have to pay any upfront fees for their service
  • As the case progresses, you won’t have to pay any fees 
  • If your case doesn’t win, you won’t have to pay your solicitor for their service
  • If your case succeeds, your solicitor will take a legally capped percentage of your compensation, which is only small and known as a success fee

A Conditional Fee Agreement is offered by our medical negligence solicitors who have a wealth of experience and only agree to work with cases that have a good chance of success. This should give you confidence, knowing that your time will be used effectively if they agree to your instruction. Contact our team of advisors now to find out if you can appoint a solicitor.

Speak To Our Experts Today

You can arrange a call with our team of advisors or get in touch online today by:

  • Calling us on 0800 073 8804
  • Filling in our Claim Online form to begin your enquiry
  • Speaking with us using live chat on our website

Related Ambulance And Medical Negligence Claims

We hope this guide has informed you about paramedic negligence claims. If you would like to read more of our helpful guides, please look below:

For some external resources, please look here:

Can You Sue Someone For Disclosing Personal Information In The UK?

By Danielle Jordan. Last updated 14th February 2024. In this guide, explore the question “Can you sue someone for disclosing personal information in the UK?”. We also examine who has obligations under data protection laws, what these law state and how failures to meet adhere to them can result in breaches of personal data. 

You will find illustrative examples of how data breaches can occur and the harm that these security incidents can cause. Also included is an overview the potential compensation payout that could be awarded for this harm after a successful data breach claim.

A cloud made up of words with 'data breach' written in red in the middle.

The penultimate section of this guide contains a breakdown of the benefits of working with one of our solicitors under a specific No Win No Fee contract for your data breach claim.

Contact Our Team

To talk to our advisors, get answers to your questions or a free assessment of your circumstances, use the following contact information:

  • Call on 0800 073 8804.
  • Fill in our “claim online” form.
  • Use the live chat feature in the bottom left hand of the screen.

Select A Section

  1. Can You Sue Someone For Disclosing Personal Information In The UK?
  2. Examples Of How Someone Could Disclose Personal Information
  3. What Evidence Could Help You Claim Data Breach Compensation?
  4. Valuing Claims For The Disclosure Of Personal Information
  5. Can You Sue Someone For Disclosing Personal Information In The UK With A No Win No Fee Solicitor?
  6. Learn More About Personal Data Breach Claims

Can You Sue Someone For Disclosing Personal Information In The UK?

The UK General Data Protection Regulation (UK GDPR). The UK GDPR along with the Data Protection Act 2018 protect the personal data of those resident in the UK. Data controllers and data processors must adhere to both the UK GDPR and the Data Protection Act.

A data controller is generally an organisation. They determine why personal data will be processed and how this will be carried out. Data processing refers to what a controller does with personal data. A controller may instruct a data processor to process personal data for them.

When Can You Make A Claim?

If there was a data breach of your personal information, you may want to know if you could claim compensation. To have valid grounds to do so, you will need to satisfy the claiming requirements as set out in Article 82 of the UK GDPR:

  • The data controller or processor did not comply with data protection laws.
  • Due to the controller or processor’s failings, your personal data was compromised in a breach.
  • As a result of the personal information data breach you suffered harm. This could be financial losses, such as loans taken out in your name or mental health damage, such as emotional distress.

Who Could You Claim Against?

Data breach compensation can only be sought against an organisation, not an individual. So, you can sue someone for disclosing personal information in the UK, but only if your claim is filed against the organisation. For example, if the receptionist at your doctor’s practice sent a copy of your medical records to the wrong email address, you might be able to make a data breach claim against the doctor’s surgery.

Please get in touch with an advisor for more information on the eligibility criteria for data breach claims. You can ring the number above to discuss your potential case with them for free.

Examples Of How Someone Could Disclose Personal Information

Per the Information Commissioner’s Office (ICO), an independent body set up to govern data protection laws in the UK, a personal data breach is an incident where the security of your personal data is affected in terms of its availability, confidentiality or integrity. This can be accidental or deliberate. 

Personal data is information that can be used to directly, or indirectly, identify you as a living individual. For example, your name, your contact details such as phone numbers and email addresses, and your postal address. It could also include your bank account and card information. Additionally, there is special category data which is sensitive and given extra protection under the UK GDPR. This can include data concerning your health as well as data revealing your racial or ethnic origin. 

Below we have listed some situations where your personal information could be disclosed leading to financial or emotional harm:

  • A bank did not use the BCC (blind carbon copy) feature when sending an email to multiple recipients. This resulted in your email address being shared with other recipients.
  • A healthcare professional failed to adequately check your contact details on their records and correspondence concerning treatment for a long-term health condition was subsequently sent to the wrong address in a GP data breach

What Evidence Could Help You Claim Data Breach Compensation?

Claiming compensation for a data breach will require supporting evidence. This is used to show how the data breach impacted you, either financially or mentally. Examples of what you could collect include:

  • Banks statements showing unauthorised financial activity in your accounts and associated losses.
  • Any correspondence between you and the data controller explaining a breach has occurred and what personal data was affected.
  • Medical records detailing the psychiatric impacts of having your personal data disclosed unlawfully or accidentally.

What Steps Should Be Taken Following A Data Breach?

In the event of a data breach that impacts the rights and freedoms of data subjects, data controllers have a legal obligation to notify those subjects as soon as possible and within 72 hours inform the ICO that a breach has occurred. The ICO can then open an investigation into the security incident and, while they cannot compensate you for your losses, the findings of their investigation can be used as evidence for your claim.

Data subjects have the right to raise concerns with the data controller about how their personal data is being handled. Following an unsatisfactory response to your concerns, you can complain to the ICO about the controller’s conduct. However, it is not a legal prerequisite to starting a data breach claim to report a data breach yourself.

Our dedicated team of advisors have experience in assessing the circumstances surrounding data protection law and the misuse of private information. They could connect you with one of our specialist solicitors if they decide your potential claim to sue someone for the disclosure of personal information in the UK is valid. You can speak to a team member using the contact information listed at the end of this guide.

Valuing Claims For The Disclosure Of Personal Information

When you make a personal data breach compensation claim, your award could consist of non-material damage compensation as well as material damage compensation.

Non-material damage compensation covers the psychological effects of the breach. For example, a personal data breach could cause you to develop depression, anxiety, and experience general emotional distress. Similarly, it could exacerbate existing mental health disorders, such as post-traumatic stress disorder (PTSD).

Those who value this head of claim may do so in line with the Judicial College Guidelines (JCG). This text contains a list of physical and psychological injuries with corresponding guideline compensation brackets.

In the table below, we’ve included some examples of these guidelines. Please note that these amounts aren’t guaranteed, and the first entry in this table is not taken from the JCG.

Guideline Compensation Brackets

HarmSeverityDescriptionGuideline Amount
Severe Psychological Injuries + Financial LossesSevereSevere psychological injuries that affect all areas of your life and financial losses that include lost earnings.Up to £150,000+
Psychiatric InjurySevere (a)Multiple aspects of the injured person's life will be severely impacted. Prognosis will be very poor.£54,830 to £115,730
Moderately severe (b)More optimistic prognosis but multiple aspects of life still badly affected.£19,070 to £54,830
Moderate (c)Good prognosis with substantial improvement across multiple areas.£5,860 to £19,070
Less Severe (d)Impact on daily activities and length of the period of disability taken into consideration.£1,540 to £5,860
PTSDSevere (a)All aspects of life will be subject to permanent and severe effects, with no return to pre-trauma level of function.£59,860 to £100,670
Moderately severe (b)Significant disability for the foreseeable future but there will be a better prognosis following some recovery after treatment.£23,150 to £59,860
Moderate (c)Large-scale recovery with any continuing effects not causing gross disablement.£8,180 to £23,150
Less Severe (d)Virtual recovery within two years with only minor continuing symptoms.£3,950 to £8,180

What Is Material Damage Compensation?

Material damage compensation addresses the financial losses you experience as a result of the breach. For example, if you lost out on earnings because you needed to take time off work to recover from a psychological injury caused by the breach, these could be recouped under material damage compensation. 

This head of claim could also help recover losses such as:

  • Money stolen from your bank account.
  • Damage to your credit score.
  • Damage caused by identity theft.
  • Debt and loans taken out in your name.

To learn more about claiming compensation for a data protection breach, contact our team of advisors today. They can provide more information on data protection claims and how much compensation you could receive.

Can You Sue Someone For Disclosing Personal Information In The UK With A No Win No Fee Solicitor?

After speaking to an advisor and getting your potential claim assessed, our team could connect you with one of our specialist data breach solicitors if it is decided you have valid grounds to proceed. The type of No Win No Fee contract our solicitors can offer you is called a Conditional Fee Agreement (CFA).

When making a claim under a CFA, claimants experience a number of distinct advantages. First, in most cases, there will not be a fee upfront for the solicitor to begin work on the case. Second, you will not accrue any fees for work the solicitor carries out during the claim. Finally, there will be no fee for the solicitor’s services if the claim results in failure.

Compensation will be awarded for successful claims. This can be for material damage, non-material damage or both. The solicitor will take a legally capped percentage of the compensation amount as their success fee. This cap means you get to keep the majority of any compensation awarded to you.

Contact Our Team

To get more information on the question “can you sue someone for disclosing personal information in the UK?” talk to our advisors. Our team can explain the process of making a data breach claim as well as provide an assessment free of charge of your specific circumstances.

Use any of the below contact details to speak to one of our dedicated team:

  • Call on 0800 073 8804.
  • Fill in our “claim online” form.
  • Use the live chat feature in the bottom left hand of the screen.

Learn More About Personal Data Breach Claims

See some of our other data breach guides:

Further Resources

Thank you for reading this data breach compensation guide. We hope we have adequately answered the question, “can you sue someone for disclosing personal information in the UK?” To get further advice regarding personal data breaches, or to get your potential claim assessed, reach out to our advisors today. You speak to a member of our dedicated team using any of the contact details provided above.

What Are Special Damages In Serious Injury Claims?

If you want to know about special damages in serious injury claims, you’ll find this guide helpful and informative. We’ve included sections on whether you’re eligible to make a personal injury claim and the evidence you can use to support your claim if so. As well as discussing special damages for losses and expenditures, we also look at what a serious injury claim could be awarded in general damages.

Special damages in serious injury claims have the potential to exceed the amount you receive for the injuries themselves. This is because a serious injury can impact your life in quite a profound manner. The financial fallout of a serious injury can reach many parts of your life going forward.

Special-Damages-In-Serious-Injury-Claims

A Guide To Special Damages In Serious Injury Claims

Read on to find out more about special damages in serious injury claims. You’ll also find our contact information below. Our advisors are available 24/7 to assist you and answer any questions you may have.

Select A Section

  1. What Are Special Damages In Serious Injury Claims?
  2. When Could You Claim Special Damages In Serious Injury Claims?
  3. Evidence Needed To Claim For Special Damages
  4. Examples Of Serious Injury Claim Payouts
  5. No Win No Fee Serious Injury Claims

What Are Special Damages In Serious Injury Claims?

Special damages are one of the heads of claim you could be eligible to receive as part of a compensation payout following a successful personal injury claim. The figure is calculated to account for specific losses, costs, and expenses that have occurred as a result of your injury. The aim of special damages is to restore you to a financial standing you would have been in had you not been injured.

For example, you may have experienced a loss of earnings if you have had to take time off work to recover. In some cases, it could be that your injury is so severe that you are never able to return to work. In these cases, calculations can be made to account for your lost earnings and makeup part of your special damages compensation.

Examples other than loss of earnings or future loss of income can include:

  • Prescription costs (and other medical costs).
  • Walking aids.
  • Prosthetics.
  • Travel to medical appointments.
  • Additional care costs at home.
  • Adaptions to your home.

It’s important to make sure you have evidence of any losses you experience. Some good examples of ways to support this area of your claim are payslips and receipts.

Get in touch today for more information on special damages in serious injury claims and what can be included.

When Could You Claim Special Damages In Serious Injury Claims?

There are 3 main criteria that a personal injury claim needs to meet in order for it to be valid.

  • You need to have been owed a duty of care when you were injured.
  • The duty needs to have been breached.
  • An injury needs to have been sustained as a result of the breach.

Below we look at areas in which a duty of care is owed and what that duty of care entails.

Special Damages In Road Accident Claims

All road users owe each other a duty of care to use the roads in a way that prevents injury and damage to themselves and others. A driver’s duty of care can be upheld by adhering to the rules, laws, and guidance in the Highway Code and the Road Traffic Act 1988.

If a driver is exceeding the speed limit, then this could be an example of them breaching their duty of care. Speeding could result in the driver not being able to react in time to a pedestrian crossing the road. The car could then hit the pedestrian, causing serious injuries such as broken bones, paralysis, or brain damage in some cases.

Special Damages In Work Accident Claims

In accordance with the Health and Safety at Work etc. 1974, your employer owes you a duty of care at work. They must take all steps considered reasonably practicable to avoid you sustaining an injury.

For instance, your role may involve the use of heavy machinery such as a bench saw or other cutting apparatus. It’s your employer’s responsibility to make sure this machinery is properly maintained. Otherwise, a malfunction could cause a serious injury, such as the loss of a limb. One example of this could be if your clothing gets caught in the mechanism and the emergency stop button doesn’t work.

Special Damages In Public Accident Claims

The duty of care of those responsible for the safety of those in a public space can be found in the Occupiers’ Liability Act 1957. They must take all reasonable steps to avoid injury to those using the space for its intended purpose.

To give an example, there could be broken glass on the floor of a pub or bar due to someone dropping their drink. If this is not cleaned up in a reasonable amount of time, then a customer could trip and fall. When they land, they could suffer lacerations and permanent scarring. If glass were to make its way into their eye, this could impact their sight.

In these instances, the injured party could make a personal injury claim, should their case be successful, they could be awarded compensation for both general and special damages.

Limitation Periods For Your Claim

When making a personal injury claim for general and special damages in serious injury claims, there is a time limit to consider. Personal injury claims generally have a time limit of 3 years. This is the period of time in which you must begin legal proceedings. You can find this limitation period in the Limitation Act 1980.

However, there are exceptions to this time limit. For example, if the injured party is under 18, this time limit functions slightly differently. Get in touch today, and our advisors can tell you more about the claim time limits and their exceptions.

Evidence Needed To Claim For Special Damages

As well as providing evidence of the losses you’ve experienced due to your injuries, you also need evidence to support your claim in general. This proof should show that your injuries occurred as a result of someone breaching their duty of care to you, as well as the nature and severity of the injuries in question.

Here are some examples of evidence you could gather:

One of our solicitors could help in the gathering of evidence to support your claim. Get in touch today to find out more.

Examples Of Serious Injury Claim Payouts

Compensation for every personal injury claim is calculated for each specific instance. Therefore, every settlement is unique. If a serious injury claim is successful, it can be awarded up to two heads of loss: general damages accounting for the injury and impact on quality of life and special damages for the financial losses caused by the serious injury.

In this section, we’ve included some figures taken from the latest edition (2022) of a publication called the Judicial College Guidelines (JCG). The JCG is used by legal professionals as part of the process of working out how much your general damages figure should be.

Use the amounts shown below only as a rough guide.

Compensation Bracket Guidelines

Edit
Injury Description Guideline Figures
Multiple serious injuries plus financial losses When you have sustained more than one injury of a serious nature plus all your financial losses including loss of earnings, care costs, and adaptations to your home and car. Up to £1,000,000+
Very severe brain injuries (a) The following will be taken in to consideration:
(i) the degree of insight, if any;
(ii) life expectancy;
(iii) the extent of physical limitations;
£282,010 to £403,990
Hearing and sight (a) The injured party will be left completely deaf and blind. In the region of £403,990
Sight (b) Complete loss of sight. In the region of £268,720
Hearing (b) Complete deafness. £90,750 to £109,650
Kidney (a) When both of the injured party’s kidneys are permanently damaged, or completely lost. £169,400 to £210,400
Arm (a) When the claimant loses both arms. £240,790 to £300,000
Hand (a) Both hands will be lost, or effectively lost. £140,660 to £201,490
Foot (a) Amputation of both of the claimant’s feet will have taken place. £169,400 to £201,490
Loss of earnings In the event that your injuries cause you to miss time at work, affecting your income. Up to £100,000 and above.

Remember, there can also be special damages in serious injury claims. Get in touch today for a free valuation.

No Win No Fee Serious Injury Claims

If you claim with one of our solicitors, you do so under a form of No Win No Fee deal known as a Conditional Fee Agreement (CFA). This means you can access the services of your solicitor without paying an upfront fee. If your claim succeeds, they take a success fee from your compensation. The fee takes the form of a legally capped percentage. They don’t take this if your claim fails.

This is just one of the benefits of working with one of our No Win No Fee solicitors. Other advantages include:

  • Guidance and advice throughout the process.
  • Help with gathering evidence.
  • Having your claim valued for you.

Contact Us To Find Out More About Special Damages In Serious Injury Claims

If you have any questions about special damages in a serious injury claim, get in touch today. Our advisors can answer any questions you may have about any part of the personal injury claims process. They’re available 24/7, so reach out today:

Discover More About Serious Injury Claims

Thank you for reading this article on special damages in serious injury claims. We’ve included some additional links below to resources you may find useful.

Information from other sources: 

More of our guides:

slip, trip and fall claims

Advice On Slip, Trip And Fall Claims

By Stephen Hudson. Last Updated 31st March 2025. Slips, trips and falls are some of the most common accidents and causes of injuries. If you’ve suffered harm through no fault of your own, you could make a personal injury claim for compensation. The team here at Legal Expert is made up of specialist No Win No Fee solicitors with decades of experience in slip, trip and fall claims.

If you’d like to speak with us today about making a claim, you can take advantage of our free case check. In just a few minutes we can advise you of your legal options and how we can help you take action.

To speak with us, you can reach out 24 hours a day by:

A close up shot of someone falling off a ladder.

To learn more about slip, trip and fall claims, you can browse through our comprehensive guide below:

Jump To A Section

  1. About Slips, Trips And Falls And How They Happen
  2. Can I Claim Compensation For A Slip, Trip And Fall?
  3. Who’s Responsible For My Fall?
  4. Important Evidence In Slip, Trip And Fall Claims
  5. Slips, Trips And Falls At Work
  6. Slip, Trip And Fall Accidents In Public Places
  7. Slips, Trips and Falls On Private Property
  8. Average Compensation Payouts In Slip, Trip And Fall Claims
  9. Case Study: We Helped Mr Jeffers After A Fall At Work
  10. How To Make A Claim For A Fall – A Step-By-Step Guide
  11. Make A Claim With Legal Expert’s No Win No Fee Solicitors

Our Specialist No Win No Fee Solicitors

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

About Slips, Trips And Falls And How They Happen

Slips, trips and falls are quite simply accidents in which you lose your balance and land on the ground, usually causing an injury.

They can happen in lots of different ways, but some of the most common causes include:

  • A pothole may cause you to trip and fall.
  • Uneven pavements can also lead to tripping accidents.
  • Broken flooring, such as broken tiles or ripped carpet.
  • Slipping on a wet floor without signage or another indication that it is wet.
  • Icy surfaces that have not been cleared or gritted.
  • Cluttered walkways or other poor housekeeping, such as trailing wires.
  • Poor lighting.
  • Falling down the stairs due to bad lighting, defective steps or hand railings.

This list isn’t exhaustive so if you don’t see your circumstances, don’t worry. Let’s take a look at the criteria for making a slip, trip and fall claim.

Can I Claim Compensation For A Slip, Trip And Fall?

To claim slip, trip or fall compensation, you need to be able to prove that negligence occurred. For the purposes of a personal injury claim, negligence occurs when:

  • You are owed a duty of care.
  • This is breached.
  • As a result, you are injured.

This means that slipping and falling, while unfortunate, isn’t enough to make a claim. First, you need to prove that you were owed a duty of care. This means that someone else was responsible for your health and safety.

While you’re at work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Under this legislation, your employer needs to make sure that they take all reasonably practicable steps to keep you safe while working.

This might include taking risk assessments, making sure that walkways are clear of clutter, and making sure that stairwells are adequately lit.

When you’re in public, the person in control of that space owes you a duty of care under the Occupiers’ Liability Act 1957 (OLA). This legislation states that they must ensure that visitors are reasonably safe while on the premises.

This might include things like putting out a wet floor sign after an employee has mopped, or fixing broken paving stones.

How Long Do I Have To Claim For A Fall?

For slip, trip and fall claims, there is usually a three-year time limit for starting your case, as set by the Limitation Act 1980. This time limit normally starts from the date your accident occurred. However, there are some exceptions to this:

  • For those who lack the mental capacity to make their own slip, trip or fall compensation claim, the limitation period is suspended indefinitely. However, if they regain the mental capacity required to claim at a later date, then the time limit will start on the day of recovery. If the time limit is suspended, then a litigation friend can make a claim on the injured person’s behalf.
  • Children under the age of 18 cannot start their own personal injury claim and the time limit for starting a claim will be frozen until their 18th birthday. Once they turn 18, the injured party will have three years to start their own case. Alternatively, a litigation friend could make a claim on the injured child’s behalf before they reach that age.

If you have any questions about the eligibility criteria for fall, slip and trip claims, please get in touch with our advisors today.

Who’s Responsible For My Fall?

There are various locations in which you could suffer an injury in a slip and fall. Different parties will owe you a duty of care depending on whether the accident happened. These include:

  • Your employer, even if you are carrying out work-related duties off-site.
  • The local authority. They may be responsible for pavements and premises as well as public parks.
  • A shopping centre.
  • Businesses.
  • Public transport, such as bus or train operators.
  • Train and bus stations.
  • Taxi rank operators.
  • Leisure centres, gyms and swimming pools.
  • Supermarkets.
  • Apartment blocks, you could suffer a trip and fall in the walkways, lifts or stairs.

Important Evidence In Slip, Trip And Fall Claims

All slip, trip and fall claims need to be supported with sufficient evidence. Your evidence needs to establish that another party owed you a duty of care and they breached it, and this led to the slip, trip or fall that injured you.

Some examples of evidence that may be able to support trip, slip and fall cases includes:

  • Contact information from anyone who witnessed what happened so they can give a statement later in the claims process.
  • Photographs showing visible symptoms of your injuries. You could also take photos of the accident scene as well. For example, if you suffered an injury tripping over uneven pavement, you could take a photo of the pavement.
  • Any video footage of the accident, such as CCTV footage.
  • A copy of your health records which show the types of injuries you’ve suffered and what treatment you needed for them.

If you need any advice on obtaining evidence, you can contact our team today. They can discuss your potential slip, trip or fall compensation case with you, and they may connect you with one of our solicitors for support.

Slips, Trips And Falls At Work

One place where slips, trips and falls happen are workplaces. They can happen in all types of environments, from construction sites and factories to offices.

Examples of some hazards that could cause injuries at work include:

As mentioned above, all employers have a duty of care to keep their workplace free from the risk of harm, so far as it’s reasonably possible for them to do so.

Conducting the likes of risk assessments, regular inspections and training people on fall prevention are all key.

If, however, steps like these aren’t taken and you suffer an inury in a slip, trip and fall at work, you could claim compensation.

Remember, a claim wouldn’t be made against your employer, but against their insurance company. And legally, they can’t take any action against you for making a claim.

So if you’ve been injured, you could get the legal help and support you need today. You can call us for free on the number at the top of this page to learn all about slip, trip and falls claims involving workplaces.

To learn more about slips, trips and falls at work, see our comprehensive guide here

Slip, Trip And Fall Accidents In Public Places

When we visit public spaces like shops, supermarkets and parks, we’re protected by legislation like the Occupiers’ Liability Act 1957. Laws like this impose a duty on those in control of the public space to keep it free of the risk of harm, so far as it’s possible for them to do so.

There are different risks and hazards in different settings that could cause a slip, trip and fall accident. In the sections below, we explore them in more detail.

Shops, Supermarkets And Restaurants

When we visit shops, supermarkets and restaurants, we expect a certain level of safety, such that when we leave we don’t end up worse off.

Some shops can be quite small and cluttered, with narrow walkway. If you trip and fall because of an obstruction or a tripping hazard that shouldn’t be there, you could claim compensation if you hurt yourself. Examples include boxes, extension lead wires, upturned carpet or rugs or damage floor tiles.

In supermarkets, slip and fall hazards can be similar, but the causes can include the likes of dropped food, like eggs, to dropped drinks like milk, or worse still, cooking oil. Supermarkets should promptly clear up spillages once they’re aware of them. If the spill can’t be cleaned up right away the hazard should be marked with a ‘wet floor’ sign.

Restaurants also carry the same types of tripping hazards, with dropped food and the likes of upturned rugs and carpet all potentially causing accidents.

Streets And Roads

The local council is responsible for maintaining the highways, roads and streets in your local area.

Should a defect like a pothole develop, the council should take action to repair it once reported. They also conduct annual inspections of roads to detect any defects like this, as well as any broken paving stones or raised kerbs.

Some parts of roads and pavements are the resposibility of other organisations, however. For example, some grids and drains are maintained by water companies or energy companies. Defects can also arise with these too, potentially causing an accident and injury.

If you’ve been injured in a trip and fall accident on the street, get in touch for more guidance on your legal options or to make a claim.

A pothole filled with water.

Slips, Trips and Falls On Private Property

As well as claiming compensation for a slip, trip, and fall in a public place or work environment, you can also claim compensation for an injury sustained on private property.

Private property can include:

  • A friend’s home
  • A private event
  • A privately owned business

Whoever is in control of the property, whether a homeowner, landlord or business owner, owes lawful visitors a duty of care.

This includes addressing hazards such as wet floors, uneven surfaces, loose carpeting, poor lighting, or obstructions that could pose a risk of injury.

Importantly, this duty applies not only to the interior of a building but also to external areas such as driveways, garden paths, staircases, and private car parks.

To establish a successful claim for a slip, trip, or fall on private property, a claimant must typically show that:

  • A hazard existed that posed a foreseeable risk
  • The occupier failed to take reasonable steps to prevent the accident (e.g. warning signs, maintenance, timely repairs)
  • The accident directly caused the injury sustained.

Slips, Trips And Falls In Rented Properties

If you rent your home either privately or from a council or housing association, chances are your landlord is responsible for keeping your house in good repair.

This means that they need to fix any potential hazards by law, such as those that could cause a slip, trip and fall.

If you’ve suffered an injury after a fall and believe it was caused by your landlord’s negligence, get in touch.

Average Compensation Payouts In Slip, Trip And Fall Claims

There is no average compensation payout for slip, trip and fall claims. This is because all claims have unique circumstances and no two claims are ever the same. However, it may be beneficial to learn how trip and fall compensation is calculated instead.

Trip and fall compensation can potentially be divided into two parts – general and special damages. General damages are awarded in all successful slip, trip and fall claims, whereas special damages are only awarded in some.

General damages compensate you for how your slip and fall injury has physically and psychologically affected you. As such, some factors that need to be looked at include:

  • Loss of amenity.
  • Pain severity. 
  • What the prognosis is like.

Legal professionals may ask you to attend an independent medical assessment during the claims process. They can use the reports from this along with the Judicial College Guidelines (JCG) to help them calculate your general damages.

The JCG is a document with guideline compensation brackets for different physical and psychological injuries.

Guideline Compensation Table

In the table below, we have taken some injuries from the JCG, with their guideline compensation brackets. These injuries are just some examples of what could result from slip and fall accidents.

However, this table should only be used as a guide, and the top figure is not from the JCG. 

InjuryGuideline Compensation Amounts
Multiple severe injuries + special damagesUp to £1,000,000+
Very severe brain damage (a)£344,150 to £493,000
Moderately severe brain damages (b)£267,340 to £344,150
Severe back injuries (iii)£47,320 to £85,100
Moderate back injuries (ii)£15,260 to £33,880
Moderate injuries to the pelvis and hips (i)£32,450 to £47,810
Moderate neck injuries (i)£30,500 to £46,970
Less serious leg injuries (c) (ii)£11,120 to £17,180
Simple fractures of the forearm£8,060 to £23,430

If you’d like to see more potential payouts, we recommend using our compensation calculator which you can find here.

Special Damages

Special damages compensate you for how your slip and fall injury has financially affected you. For example, after slip and fall accidents, you could incur financial losses such as:

  • Loss of earnings.
  • Prescriptions.
  • Home adjustments.
  • Mobility aids, like crutches or a wheelchair.
  • Childcare.
  • Professional nursing care.

Keeping evidence of your financial losses are crucial in order to potentially be awarded special damages. So, please keep any receipts, bank statements, invoices, and payslips you have that you can provide as evidence. 

Contact us to learn more about how successful slip, trip and fall claims are calculated.

An unconscious worker lying on the ground with their hard hat discarded.

Case Study: We Helped Mr Jeffers After A Fall At Work

Mr Jeffers, a 49-year-old warehouse worker from Birmingham, suffered a serious fall at work after slipping on oil that had leaked from a forklift truck. The area had not been cleaned or signposted, and no preventative measures were in place. Mr Jeffers fractured his wrist and sustained a shoulder injury, leaving him unable to work for several months.

He contacted our firm for advice. We quickly gathered key evidence, including CCTV footage, medical records, and witness statements from colleagues who had previously raised safety concerns. We identified clear breaches of the employer’s duty of care under the Health and Safety at Work etc. Act 1974.

Our solicitors secured a settlement of £18,500, covering pain and suffering, loss of earnings, and physiotherapy costs.

Names and details have been altered to protect confidentiality.

How To Make A Claim For A Fall – A Step-By-Step Guide

It’s natural to feel worried about making a claim, but with our help, expertise and experience on your side, you can pass all of that concern onto us.

We always thinks it helps to understand what the claims process involves, so if you decide to make a slip, trip and fall claim, this is what you can expect:

Step 1: Investigating The Case

The first step is to have a conversation with your solicitor. Together, you’ll cover every detail of the case so that we have all the facts clear. We’ll also review any evidence you have and begin our investigations.

Step 2: Initiating The Claim And Obtaining Evidence

After our initial investigations are complete, we’ll initiate the claim with the defendant, responding to their queries with your help. We’ll also look to obtain expert medical evidence. This will help prove that your injuries were caused by the fall.

Step 3: Settlement

With evidence obtained and investigations complete, we’ll encourage the defendant to settle the case by making an offer of settlement that you’re happy with.

Will My Slip and Fall Claim Go To Court?

It’s very unlikely that your case will go to court. As a general rule, only around 5% of cases make it to the courtroom due to the costs involved, so it’s in everyone’s interests to settle the case beforehand.

Make A Claim With Legal Expert’s No Win No Fee Solicitors

If you’d like to make a slip, trip and fall claim, you’ll be pleased to hear that our solicitors work on a No Win No Fee basis.

No Win No Fee simply means that:

  • You do not pay any fees upfront to begin a claim
  • You don’t pay any fees as the claim progresses
  • If the claim doesn’t succeed, you don’t need to pay your solicitor
  • Only if the claim succeeds do you pay a fee. This is deducted from your compensation payout and is set at a fixed level before you begin your personal injury claim.

If you’d like to get a free case check today, our lines are open 24 hours a day. All you need to do is:

If you have any other questions about slip, trip and fall claims, please don’t hesitate to reach out.

Everything You Need To Know About Amputation Compensation Claims

If you have suffered the traumatic amputation of a limb or other body part in an accident at work, on the road or in a public place you could claim compensation. In our guide to amputation compensation claims we look at everything you need to know about the claims process.

Key Takeaways In Amputation Compensation Claims

  • The loss of a body part is a life-changing and serious injury.
  • You may be compensated for your pain and suffering as well as costs such as medical expenses and loss of earnings.
  • To make an amputation claim you must meet the eligibility criteria.
  • In most cases you have three years to begin your claim.
  • One of our specialist amputation lawyers could help you on a No Win No Fee basis.

You could get a free assessment of your case by getting in contact with our team.

A person has had a below the knee amputation of one of their legs.

Browse Our Guide

How Much Compensation Can You Get For Loss Of Limb?

How much compensation you could get for the loss of a limb or other body part will depend on several factors. These may include:

  • The affected body part.
  • The degree of limb loss (or otherwise degree of severity).
  • What the overall impact this injury has had on you.

If your amputation injury claim is successful you may be awarded compensation made up of general damages and special damages. General damages value your pain and suffering, taking account of the harm you suffered and any long-term results of this, such as a disability.

Solicitors may look at your medical records and the Judicial College Guidelines (JCG) to help work out what you may be owed for your injury. The JCG includes guideline figures showing what could be awarded for different types of injury.

With the exception of the first entry, those in the following list have been taken from the JCG.

Amputation InjurySeverityDamages
Multiple injuriesSerious or severe injuryUp to £1,000,000+ with special damages.
Arm amputationA - Loss of both arms£293,850 to £366,100
Arm amputationB - Loss of one arm - at the shoulder (i)Not less than £167,380
Arm amputationB - Loss of one arm - above the elbow (ii)£133,810 to £159,770
Arm amputationB - Loss of one arm - below elbow£117,360 to £133,810
Leg amputationA - Loss of both legs£293,850 to £344,150
Leg amputationB - Below the knee amputation £245,900 to £329,620
Hand amputationA - Total/ effective loss - both hands£171,680 to £245,900
Hand amputationB - Total/ effective loss - one hand£117,360 to £133,810
Hand injuryD - Amputation of the index and middle or ring finger£75,550 to £110,750

What Are Special Damages?

Suffering the loss of a limb can have a devastating impact not just on someone’s overall health and welfare, but on their wider life in general. Depending on the nature of the accident and your work and lifestyle prior to it, the loss of a limb could mean that you are no longer able to work, or no longer able to do so in the way you did before.

You could be compensated for,

  • Lost income and earnings.
  • Medical costs.
  • Domestic care, such as help with childcare or self-care.
  • Adaptations to the home, such as adding a wheelchair ramp.
  • Physiotherapy costs.

You must be able to prove these financial losses and may submit bank statements, payslips or similar documents with your claim.

Every personal injury claim settlement is unique to that claimant and their injury. As we have seen, different factors can impact the overall amount of compensation which may be awarded. One of our specialist amputation solicitors could assess your case and help to ensure you claim for any damages owed.

Our solicitors have the knowledge and experience to ensure that your claim takes account of any potential factors when calculating your claim. Contact us to find out how they could help you.

What About The Immediate Financial Effects?

As explored in the previous section, suffering the loss of a limb or other body part could leave you with serious and debilitating injuries. You may be left disabled and facing immediate financial losses and effects.

These effects could range from losing income to getting medical treatment from the private sector, instead of waiting for NHS treatment. You may also need to start longer-term treatments such as physiotherapy or even counselling to deal with the impact of your injury.

Whilst making an amputation compensation claim may seem far from your mind at this point, doing so could help you to meet these immediate financial effects.

Interim Payments

In light of the fact that in some circumstances claimants may face immediate financial costs, in some cases they may be able to seek what is called an interim payment.

Interim payments are a payment which is made in advance of receiving your settlement. The interim payment is deducted from the final settlement you receive as you are getting a potion of your compensation early on. .

It may be possible to secure an interim payment if the other party (the defendant) had admitted their liability for your injury and if you can show a clear reason for needing the compensation immediately, such as to pay medical costs.

Our team are experts at handling amputation compensation claims and could help you to secure an interim payment.

A patient has a prosthetic limb fitted.

Claiming For Amputated Limbs

To make any type of compensation claim you must show that you meet the relevant eligibility criteria. In general claimants must be able to show that:

  1. They were owed a duty of care by a third party.
  2. This party breached their duty of care.
  3. The breach caused the resulting limb loss.

Different legislation may be used to show that another party owed you a duty of care depending on the type of accident in which you were injured.

  • Road traffic accidents – every road user must use the roads in a manner that prevents causing harm to themselves and others. In order to meet this duty of care they must adhere to rules and regulations as set out in the Highway Code and with legislation such as the Road Traffic Act 1988.
  • Workplace accidents – employers are obligated under The Health and Safety at Work etc Act. 1974 to take steps which are practical and reasonable to make sure employees are safe in the workplace.
  • Public liability accidents – when you are in a public place, such as a library or shopping centre, those in control of this space must take reasonable steps to ensure your safety. Their duty of care is outlined in The Occupiers’ Liability Act 1957.

You could be owed compensation for the loss of a limb if you can show that another party failed to uphold their duty or care to you. Please contact us to learn more about amputation compensation claims.

Why Might An Amputation Be Necessary?

Different types of accidents could cause either traumatic amputations (such as the loss of a body part in the accident) or cause such serious injuries that an amputation is necessary. Below we look at examples of accidents which could result in an amputation being necessary.

  • At work, a construction worker using heavy machinery may not have been given the correct training nor personal perspective equipment. This may lead to the worker getting their hand caught in the machinery. This could cause extensive damage to the hand and require it to be amputated.
  • On the road, a motorcyclist may be struck by a car pulling out in front of them. The driver had not checked their mirrors or signaled before doing so. The motorcyclist could be directly struck by the car and thrown off their bike. The resulting damage to their leg may have required a below the knee amputation.
  • In a public place a person may slip on a poorly maintained floor at the top of a large staircase. They may fall down the staircase and suffer extensive crush injuries to their fingers necessitating the amputation of several.

These are just a few examples of when and how someone could sustain a serious injury requiring an amputation.

Our dedicated and specialist amputation lawyers are ready to provide further help and advice.

A person has lost part of their finger due to someone else's negligence.

Making An Amputation Compensation Claim For Someone Else

In certain circumstances you may be able to make an amputation compensation claim for someone else. This may include where a child or a loved one who you care for has suffered limb loss as a result of an accident which was not their fault. Whilst they may be owed compensation, they may be unable to act on their own behalf in a legal claim.

Where the person harmed lacks the mental capacity to make a claim you could make an amputation injury claim on their behalf. To take legal action on behalf of someone else, you must be appointed to act as a litigation friend. A litigation friend is an adult who is appointed by the court to act on behalf of someone else.

They must be appointed and authorised by the courts and should represent the interests of the person harmed during the claims process.

Claiming For Those Under The Age Of Eighteen

Where the person harmed is under the age of eighteen at the time of their accident, they will be unable to make a claim themselves. Instead, a suitable adult, such as a parent, guardian or even a solicitor, may be appointed to act as a litigation friend for them.

The litigation friend may initiate a claim at any point before the person harmed turns eighteen. If no claim has been made prior to the claimant reaching this age, they may claim on their own behalf.

Please contact our team for further information on how to claim on behalf of somebody else.

Do I Need To Work With An Amputation Solicitor Near Me?

Whilst in the past you may have needed to visit a personal injury solicitor in person to discuss your case, complete paperwork and ask questions, this is no longer the case. Today you could work with a solicitor based anywhere in the country. This is because even where claimants have suffered serious and life-changing injuries, they may not need to visit their solicitor in person. Instead, your solicitor can start work and keep you up to date on how your claim is progressing using a plethora of different communication channels, such as by phone, email and through the post.

More important than where a solicitor may be based is their experience in handling claims similar to your own. In this case amputation injury cases. Instead of looking at where they are based, consider,

  • Whether the amputation claims solicitor has handled a case similar to your own.
  • Did they win the case for their client?
  • Can they bring expert knowledge to your claim?

Our personal injury team could help you to claim compensation no matter where you are based in the UK. What’s more, if they need to organise for you to undergo a medical exam, they could organise for this to be in an area convenient for you.

Find out how we could help you make an amputation claim.

A man walks using a prosthetic leg following a catastrophic injury.

No Win No Fee Amputation Compensation Claims

At Legal Expert we appreciate that one of the main concerns people have over taking legal action is the prospect of having to pay legal fees to do so. This is why we are able to help many people under a No Win No Fee agreement. This allows a solicitor to provide their services without the need for any payments in advance for their work. To do so, they could offer you a Conditional Fee Agreement (CFA).

What Is A Conditional Fee Agreement?

A CFA is a type of agreement between a claimant and a solicitor, such as an amputation claims solicitor.

The benefits of using a CFA include:

  • No upfront solicitors fees for their work.
  • No solicitors fees whilst the claim is underway.
  • Not having to pay for the solicitor’s work if the claim is not successful.
  • Paying a small, set percentage of your settlement as a fee if successful.

The percentage you may pay if successfully awarded compensation is limited in law. It is also agreed upfront, so there are no nasty surprises.

Get in touch today to learn more about amputation compensation claims.

amputation compensation claims

Learn More

Here you can learn more about related claims as well as find further helpful resources.

References:

Thank you for reading our guide on everything you need to know about amputation compensation claims. Contact us for further advice.