Wherever you take your holiday in the world, being sick is the last thing you want to experience. Unfortunately, food poisoning can turn a dream holiday into a nightmare. What you may not know is that you could make a claim for food poisoning on holiday.

If you’re seeking personal injury compensation after food poisoning on holiday, this guide can help. We will detail what food poisoning is and the most common types (and causes) of food poisoning abroad. Additionally, we explain how making a claim can help compensate for the pain, suffering, and financial impact of getting sick on holiday due to food poisoning.

We also detail the proactive steps you can take to build a strong compensation case and the time limits you have to launch a claim. The final section details how our solicitors could help by providing No Win No Fee terms to launch a compensation claim with no initial or ongoing legal fees.

Are you interested in discovering whether you have a valid claim for food poisoning on holiday right now? You can speak to our dedicated team of advisors for a no-obligation review of your claim:

• Call us on 0800 073 8804.
• Connect with us via our Contact us page.
• Open the small tab below to ask a question about how to claim for food poisoning on holiday.

Frequently Asked Questions

1. Am I Able To Claim For Food Poisoning On Holiday?
2. What Is Food Poisoning?
3. What Types Of Food Poisoning Are Most Common Abroad?
4. How Is Food Poisoning Caused?
5. What Package Holiday Food Poisoning Compensation Can I Get?
6. Can I Claim For Any Financial Losses Caused By The Food Poisoning?
7. What Should I Do If I Think I Have Food Poisoning On Holiday?
8. Am I Able To Start My Claim Whilst Still On Holiday?
9. What Can A Conditional Fee Agreement Do For Me?
10. More Information

Am I Able To Claim For Food Poisoning On Holiday?

Yes, you could claim if someone else was at fault for you suffering food poisoning while on a package holiday. On package holidays, providers have an obligation to provide reliable, safe, and correctly described services to those paying for them. These responsibilities are detailed in the Package Travel and Linked Travel Arrangements Regulations 2018.

To have a valid food poisoning on holiday compensation claim, you need to be certain that you meet certain eligibility requirements, namely:

• You were owed a duty of care by the package holiday tour operator at the time and place of illness.
• The tour operator failed to adequately meet their duty of care to you.
• The food poisoning was the result of this breach.

The claim may not be made against the hotel, restaurant, or food establishment that made you ill but rather the tour operator who vouched for them. So, if you feel that you have valid grounds to proceed with a claim for food poisoning on holiday, please keep reading.

Will The Country I Visit Affect My Claim?

A compensation claim could be different if you were made ill by a service that wasn’t part of the package deal. However, if food is included, the onus is very much on the package holiday provider to provide services that meet the required safety standards. 

So, if you suffer food poisoning from an excursion that was part of the package holiday, the tour operator could be liable for your food poisoning injuries. Call if you’re unsure, and the team will clarify your options.

What Is Food Poisoning?

Food poisoning is when food or drink contaminated by bacteria, parasites, or viruses makes a person ill. According to the NHS, food poisoning is not often serious and can be recovered in a matter of days with rest and plenty of fluids. It can be more concerning in babies and small children, and it’s important to monitor symptoms carefully.

How Can I Know If I Have Food Poisoning?

You might know you have food poisoning if you start to suffer symptoms such as:

• Nausea
• Vomiting
• Fatigue
• Chills or raised temperature
• Significant abdominal discomfort
• Altered bowel function
• Stomach cramps
• Diarrhoea

It is possible to experience a combination of these symptoms with varying degrees of severity. If you suffered food poisoning on holiday, you could have solid grounds to seek compensation from the tour operator responsible, so chat with our team to learn more.

What Types Of Food Poisoning Are Most Common Abroad?

Different types of food poisoning are more common abroad due to variations in climate and food safety standards. We explore the most commonly encountered:

• Salmonella: Commonly found in raw eggs and undercooked poultry.
• Norovirus: A common form of foodborne illness that causes stomach pain, diarrhoea and vomiting.
• Giardiasis: A parasitical infection that causes diarrhoea and abdominal cramps.
• Campylobacter jejuni: A bacterial infection that can cause illness for a prolonged period of weeks.
• Shigella: Transmitted through uncooked vegetables, salads and shellfish.
• Enterotoxigenic E. coli: A bacteria that causes the stomach to produce toxins which irritate the small intestinal tract.

There can be other forms of food poisoning, some of which might become life-threatening if not treated promptly. It’s important to seek medical attention for sudden and prolonged illness after eating and drinking. You can think about your claim options as you recover, and we can assist you with that if you get in touch.

How Is Food Poisoning Caused?

Food poisoning can be caused by several factors, including preparation issues and inadequate hygiene standards. The following are some examples of food poisoning causes:

• The hotel staff fails to clean a surface where both raw and cooked food is being prepared, allowing cross-contamination to occur.
• The poultry and meat at an outdoor barbecue are not cooked through properly, causing a holidaymaker to suffer nausea and vomiting.
• Whilst hosting a buffet at a Spanish restaurant, a tour operator leaves food uncovered for too long in the hot weather. Flies and insects land on the food, and several guests develop symptoms of norovirus.
• Refrigerated food on a tour-operated boat trip is left at room temperature for over 4 days. This failure to properly store the food allows bacteria to flourish, leaving several guests with serious gastrointestinal issues.
• Hotel staff do not follow appropriate hygiene standards and handle food without washing their hands. Consequently, multiple guests are left with food poisoning and long-term kidney damage.
• A hotel allowed a fast food van to serve kebabs and burgers on its premises that were not prepared, cooked, or stored correctly, and several people contracted food poisoning as a result.

Your example may differ, but the premise is the same. If you were made ill by food or drink provided as part of the holiday package you paid for, the tour operator could be liable to compensate you for the harm caused. 

What Can I Do To Avoid Becoming Sick?

There are several steps you can take to reduce the chances of contracting food poisoning while on holiday, such as:

• Regularly washing hands and eating from clean surfaces.
• Checking that the food is cooked thoroughly before eating.
• Using a food thermometer to check food temperatures are safe.
• Making sure it is safe to drink the tap water or use ice cubes.
• Carrying medication for sickness and diarrhoea.
• Avoiding sharing utensils or containers.
• Telling staff about any concerns you have regarding food hygiene or preparation. 

However, it’s important to remember that taking precautions may not be enough to offset negligent standards. You can discuss your experiences and how to claim food poisoning on holiday with our advisory team.

What Package Holiday Food Poisoning Compensation Can I Get?

You could get two types of compensation if your claim is successful: general and special damages. General damages consider the physical and psychological impact of your food poisoning injuries, including damage to the digestive system. Special damages, meanwhile, factor in any related financial losses. 

Solicitors sometimes calculate general damages using a publication called the Judicial College Guidelines (JCG). This document provides suggested guideline figures for a variety of injuries.

We’ve put together a table using JCG entries for food poisoning below (except for the first line). It’s essential to stress that every claim for food poisoning is different, meaning this table does not represent a guarantee of how much compensation you could receive.

Award Brackets

Our team are here to help, so feel free to get in touch if you have any questions about compensation.

Can I Claim For Any Financial Losses Caused By The Food Poisoning?

As mentioned, you claim for special damages if you experienced financial harm after suffering from sickness on holiday. You will need evidence such as:

• Proof of medical costs for any treatments and medicines.
• Wage slips showing the impact on your ability to earn.
• Receipts for amounts paid to others for domestic support.
• Travel expenses to essential appointments.
• Additional costs for childcare arrangements.

Evidence like this can be used to calculate special damages compensation both now and any costs or losses predicted in the future. Get in touch to see how our expert solicitors could calculate the compensation owed to you.

What Should I Do If I Think I Have Food Poisoning On Holiday?

If you think you have suffered food poisoning on holiday, the first thing to do is seek medical attention. Whilst over-the-counter remedies are sometimes sufficient, food poisoning can often start as mild nausea or raised temperature and worsen over a short period of time.

You should also inform your tour operator and others, such as hotel staff, as soon as possible. Whenever practical, try to gather evidence showing how others may have caused the food poisoning. This proof could include:

• Photographs of the meal, serving area, or menu.
• A small sample of the food that you believe made you ill.
• The contact details of anyone who could support your version of events. 
• A confirmation that the restaurant, bar, or buffet was part of the package holiday deal.
• Copies of the tour operator’s terms and conditions.
• The findings of any medical professional who treated you.

Our solicitors can help you gather supporting evidence, including witness statements, to strengthen your claim. If you’d like to find out how they could help your claim for food poisoning on holiday, feel free to speak to our advisory team.

Am I Able To Start My Claim Whilst Still On Holiday?

Yes, you can initiate a personal injury claim for food poisoning, even on holiday. In the UK, there is a time limit for starting a claim of 3 years, as detailed in the Limitation Act 1980. This time frame typically starts from either the date of the initial injury (immediate sickness) or the date that you fell ill and connected food poisoning with negligent standards (date of knowledge).

However, as we touched on, time limits can vary by country, so it’s best to seek legal advice concerning your specific circumstances. Moreover, time limits do not apply to those under 18 and individuals who lack sufficient mental capacity since they cannot legally launch personal injury claims by themselves.

In either case, the time limit is paused unless certain conditions are met:

• Minors have 3 years to initiate a claim from the date of their 18th birthday.
• Individuals with a mental incapacity are only subject to the 3-year time limit if their ability to launch a claim returns independently. This time limit will start to run down from the date of recovery.

Alternatively, a litigation friend can be appointed to claim on their behalf while the limitation period is paused. This role can be filled by a parent or another concerned party, such as a solicitor.

For further details about litigation friends and time limits, please contact the advisory team using the options below.

What Can A Conditional Fee Agreement Do For Me?

A Conditional Fee Agreement (CFA) is a type of Win No Fee contract which helps you use the services of a solicitor without the prospect of mounting fees for their work. Under a CFA, you can access legal representation without upfront or ongoing solicitor fees. Furthermore, no fees are owed to the solicitor for finished work if the claim fails.

If the claim outcome is in your favour, a CFA solicitor only deducts a small and pre-agreed percentage from the compensation as their success fee. This fee is agreed upon at the start, and the percentage is subject to a legal cap, ensuring you benefit the most from any compensation payout.

Legal Expert’s No Win No Fee Solicitors

If the case qualifies, you can expect a wealth of excellent legal services such as:

• Immediate legal representation to start your claim within the time limit.
• Solid calculations of exactly what is owed to you now and potentially in the future.
• A robust defence of your best interests at all times.
• Total control of the communication with the other side.
• A professionally represented claim at all times.

Additionally, they will explain legal jargon and guide you through the personal injury claim process. You don’t have to use the services of a solicitor to launch a claim for food poisoning on holiday, but we always recommend seeing how you could benefit.

Why not take a moment to speak with our advisors about how to claim compensation with the help of our specialist solicitors? You can:

• Call us on 0800 073 8804 for a free initial consultation.
• Connect with us via our website and Contact us online.
• Open the small tab below to ask a question about how to claim for food poisoning on holiday.

More Information

The focus of this guide was how to claim for food poisoning on holiday. These others explore other topics:

• Discussing public liability claims more broadly.
• Looking at abdominal injury claims.
• Claiming for an injury on day trips.

External resources to help:

• Government guidance for businesses concerning linked travel obligations.
• Food Standards Agency advice about food poisoning.
• Getting treatment for illness abroad.

We hope this guide on making a claim for food poisoning on holiday has been useful.

Have you suffered from whiplash, and possibly other injuries, as a result of being in a car accident that wasn’t your fault? If so, please continue reading this guide, as we talk about the Whiplash Injury Regulations 2021 and how it affects the way car accident claims are made. 

Key Things To Know About Whiplash Claims:

• The Whiplash Injury Regulations 2021 may affect your road traffic accident claim if you are over the age of 17, have sustained whiplash injuries, and were injured as a driver or passenger of a vehicle.
• Road traffic accident compensation can cover your physical and mental suffering, as well as any money you have lost as a result of this suffering. 
• Our specialist solicitors could help you claim for whiplash on a No Win No Fee basis. 

Whiplash is one of the most common car accident injuries and can be very uncomfortable and long-lasting. If you are suffering due to someone else being negligent on the road, please have a chat with us today. We can talk with you about your situation and give you clear advice on what you can do next. You could also be potentially connected with our specialist No Win No Fee solicitors, who have years of experience and have already won over £80 million in compensation for their clients.

Our contact services are completely free to use, and live 24/7:

• Call 0800 073 8804. 
• Fill out the form on our ‘Contact Us’ page. 
• Send a message into our live chat box feature on the screen.

Jump To A Section:

1. The Whiplash Injury Regulations 2021
2. How Much Whiplash Compensation Could I Get Under The New Reforms?
3. The Reason Why The Whiplash Regulations Were Introduced
4. How Are The New Reforms Different To The Old Process?
5. How Can I Make A Claim For The Whiplash Injury Regulations 2021?
6. Get Legal Expert’s Help With Your Whiplash Claim
7. More Information

The Whiplash Injury Regulations 2021

The way certain road traffic accident claims in England and Wales are made were recently changed by the Whiplash Reform Programme. 

Now, if you match this criteria, the whiplash injuries you have are valued by the fixed tariffs set out in the Whiplash Injury Regulations 2021:

1. You were a driver or passenger of a vehicle when you were injured. 
2. You are over the age of 17. 
3. Your injuries (such as whiplash) have a value of £5,000 or less.
4. The accident occurred in England or Wales.

If you have sustained any injuries that are not covered in the above tariffs, they will be valued in the traditional way. Additionally, if your injuries combined have an overall value of more than £5,000, then your claim will be made in the traditional way, but the above tariffs may still apply. 

How Do I Know If I Can Make A Whiplash Injury Claim?

You may be able to make a whiplash injury claim if you meet this eligibility criteria:

1. You were owed a duty of care on the roads. 
2. This duty of care was breached because a road user was negligent. 
3. You sustained an injury, such as whiplash, as a result of this breach. 

All road users owe one another a duty of care while they are on the roads. To comply with their duty of care, all road users must ensure one another’s safety by following the rules set out in the Road Traffic Act 1988 and The Highway Code. 

Here are a few ways a road user could breach their duty of care and potentially cause another road user to suffer an injury, such as whiplash:

• A drunk driver fails to realise the distance between their vehicle and the traffic ahead, leading to a rear shunt collision with the car in front. 
• A driver fails to abide by the traffic lights, and runs through a red light. This leads to a T-bone collision with another car at the 4-way junction. 
• A driver is speeding. So, when the car in front of them starts braking, they cannot slow down in time, leading to a rear-end collision. 

If you believe you meet the above road traffic claims eligibility criteria, we encourage you to contact us today. It is absolutely free to do so, and after having a quick chat about your circumstances, we will be able to confirm your compensation claim eligibility. 

How Much Whiplash Compensation Could I Get Under The New Reforms?

Under the new Whiplash Injury Regulations 2021, whiplash injuries that last between 18-24 months are generally valued at £4,345 if psychological damage has been suffered as well. 

However, a whiplash injury claim could be worth more if additional injuries and losses are taken into consideration, such as loss of amenity and financial losses. So, for a more accurate idea of how much you could be eligible to claim for whiplash, it is best to have a chat with us.

All car accident claims are valued differently depending on two heads of claim:

• General damages – the physical and psychological injuries you have suffered as a result of the car accident. 
• Special damages – the financial losses you have suffered as a result of your physical and psychological injuries, such as loss of earnings.

The Judicial College Guidelines (JCG) is a document often used by legal professionals to help value the worth of general damages. This document contains different physical and psychological injuries, with guideline compensation brackets for each.

For the table below, we have included some whiplash injuries from the Whiplash Injury Regulations 2021, plus some additional injuries from the JCG, which you may have suffered alongside whiplash. 

Please note that the top figure is not from either of these documents, and keep in mind that all of these figures are a guideline and cannot be guaranteed. 

If you don’t see the injuries you suffered on the table, why not give us a call? An advisor from our team will be happy to discuss the potential value of your injuries as well as provide advice on what items you could be reimbursed for under special damages.

The Reason Why The Whiplash Regulations Were Introduced

The reason why the Whiplash Injury Regulations 2021 were introduced was to save a significant amount of money for insurance companies, which then allows them to invest that money back into their customers. 

According to the Association of British Insurers (ABI), over 1,500 whiplash claims are made every day in the UK, which used to cost the insurance industry more than £2 billion each year. This added about £90 to the average annual motor insurance premium. 

By introducing the Whiplash Injury Regulations 2021, the Government hoped to decrease the volume and costs of exaggerated claims as well as reducing annual motor insurance premiums.

How Are The New Reforms Different To The Old Process?

Here are differences between the old process and the new Whiplash Reform Programme:

• The small claims limit for general damages has risen now from £1,000 to £5,000 for road traffic accident injuries.
• Whiplash injuries and soft-tissue injuries now have a fixed compensation tariff, banded by severity. 
• Low-value small claims for motor vehicle accidents are now made in a different manner.
• In a low-value claim, people can no longer recover their legal costs, which is now deducted from settlements up to £5,000. 
• Some minor injuries are now classed as low-value, such as simple fractures where there are no complications. 
• Whiplash claims cannot be settled unless there is medical evidence of the injury.

However, as we have previously stated, not all road traffic injury claims are affected by these changes. 

If you have suffered whiplash and want to learn more about how the Whiplash Injury Regulations 2021 may affect your compensation claim, please have a chat with us today about your circumstances.

How Can I Make A Claim For The Whiplash Injury Regulations 2021?

The first step to begin a claim under the Whiplash Injury Regulations 2021 is to contact us. Simply tell us how you suffered your whiplash injuries, and we can evaluate whether you’re eligible for compensation.

After that, you don’t need to worry, as you will be guided through each step of the claims process and will be told what you need to do next. Simply leave it to us, and we will do the complicated legal work for you so that you can focus on recovery. 

However, you must contact us about starting a claim within the claim’s limitation period. This limitation period is 3 years, running from the accident date, as per the Limitation Act 1980. 

This 3-year time limit to begin a whiplash claim applies to all claimants, except for those who:

• Are younger than 18. 
• Do not have their full mental capacity.  

This is because the above claimants are unable to make their own claim. 

In these cases, a litigation friend can be appointed to start a whiplash claim on the claimant’s behalf. But, a litigation friend can only step in up until the claimant can make a claim for themselves, which happens when the claimant either:

• Turns 18 (meaning they will have 3 years to claim from their 18th birthday).
• Gains their full mental capacity (meaning they will have 3 years to claim from the date of recovery).

If you would like to know more about making a whiplash claim on someone else’s behalf, please feel free to contact us about this today. 

What Evidence Do I Need To Make A Whiplash Claim:

Having evidence is a crucial part of the whiplash claims process.

Here are the types of evidence that can prove you have suffered negligence and can best support your whiplash claim:

• Dash-cam footage of the incident.
• CCTV footage of the incident. 
• Contact and vehicle details from the negligent driver, including their insurance details. 
• Contact details from potential witnesses to the accident. Your solicitor can ask them to give a statement later on in the claims process. 
• Copies of your medical records that show what injuries you have sustained from the accident, and how severe they are. 
• A diary where you have recorded your symptoms and what treatment you’re receiving. 

If you connect with one of our solicitors to help you with your whiplash injury claim, they will be able to help collect your evidence for you. This is just one of the many things provided in our solicitors’ services. 

Get Legal Expert’s Help With Your Whiplash Claim

Our No Win No Fee solicitors at Legal Expert can help you in numerous ways with your whiplash claim. They can:

• Help collect your evidence. 
• Set you up with rehabilitation specialists. 
• Negotiate to ensure that all of your suffering is covered within the compensation. 
• Send any correspondence on your behalf. 
• Guide you through each step of the claims process without the complex legal jargon. 
• Help you no matter where you are based in the country. 
• Use their years of high-level training and knowledge to ensure that the claims process gets handled as smoothly as possible. 
• Find legal representation for you if the case gets sent to court (which will be unlikely, as most whiplash claims are settled out of court).

Because all of our solicitors work on a No Win No Fee basis (specifically through a Conditional Fee Agreement), this basically means you pay nothing for your solicitor’s services unless the claim is successful. Even when the claim is successful, your solicitor’s service charges will just get taken out of your compensation as a ‘success fee’. The ‘success fee’ is a percentage, which is always legally capped to ensure that the majority of the whiplash compensation goes to you.

Contact Our Solicitors

Contact us today to find out whether you’re eligible to make a whiplash claim and connect with our specialist solicitors. Our solicitors strive to give you the best customer service and to ensure that the claims process is as easy as possible for you. Please feel free to discuss your circumstances with us at any time:

• Call 0800 073 8804. 
• Fill out the form on our ‘Contact Us’ page. 
• Send a message into our live chat box feature on the screen.

More Information

For similar information regarding compensation claims, please browse a few of our other guides below:

• Read some FAQs about personal injury claims.
• Everything you need to know about car accident law.
• How to claim compensation on behalf of a child.

Additionally, it may be useful for you to browse through these other pages:

• Gov.UK – information about vehicle insurance.
• Motor Insurers’ Bureau (MIB) – information about making a car accident claim against an uninsured or untraceable driver.
• NHS – how to treat whiplash.

Thank you for reading our guide all about the new Whiplash Injury Regulations 2021 and its changes. If you want to make a claim enquiry after suffering whiplash in a car accident, please feel free to contact us at any time. Our friendly advisors are here to help 24/7.

Patrick’s Qualifications

Patrick is a Grade A personal injury solicitor. He qualified in 2005 with a local Liverpool firm and has over 20 years of experience as a lawyer.

Patrick holds a Bachelor of Arts (BA) and a Post Graduate Diploma (PgDl) in Law and has successfully pursued hundreds of cases in his career.

Career Highlights

Patrick was the driving force behind the well-known case, Billie Mae Smith v McDonalds. The case focused on the applicability of costs recovery in a No Win No Fee case relating to pre-action disclosure. It was a complex and technical issue and Patrick achieved a successful outcome.

Meet Patrick Mallon

I enjoy all aspects of employer and public liability claims. We deal with a whole range of public liability claims here at JF Law including trips and slips, injuries caused by defective products and during beauty treatments.

I joined the law firm in 2018 after having worked as head of the EL/PL department at another well-known local firm. No matter how big or small your claim is I place a great emphasis on client care to ensure that whoever represents you at JF Law you are sure to receive excellent customer service.

Away from the office, my young children take up most of my time but if I ever do get time to myself, I like to spend it running and then relaxing with a beer.

Find Out More About Patrick

• SRA Profile
• Law Society Profile
• LinkedIn Profile

With Britain’s overcrowded prisons hitting record levels last year, concerns over the safety of both staff and inmates have grown.

The latest published prison population statistics show there are only just over 1,000 spaces left in men’s prisons, prompting former justice secretary David Gauke to release his Independent Sentencing Review (ISR) earlier than expected. 

In the interim report, Mr Gauke says he is confronting ‘the consequences of decades of haphazard policy-making and underinvestment in the criminal justice system – bringing it to the brink of collapse.’

Mr Gauke says he is confronting ‘the consequence of decades of haphazard policy-making and underinvestment in the criminal justice system – bringing it to the brink of collapse.’

In September, the government’s SDS40 (standard determinate sentencing) scheme saw prisoners released just 40 per cent of the way through their sentence. 

In the time frame, for every 100 people released from prison, 67 were recalled. Although Mr Gauke’s report does acknowledge that ‘factors including the introduction of a mandatory supervision period for shorter sentences, and heightened probation officer risk aversion… have contributed to this increase.’

But while the prison system undergoes review and reform, costs continue to be incurred – including compensation payouts to prisoners for injury claims.

To gain a full understanding of the scope of the issue, Legal Expert set out to uncover the true cost of prisoner injury claims

How Legal Expert Can Help

Here at Legal Expert, we can help anyone who has suffered a personal injury through no fault of their own. If you have suffered harm as a prisoner conducting work tasks, if you’ve been injured by staff, or suffered harm caused by another inmate, get in touch today for free advice.

How We Conducted Our Research

We sent out Freedom of Information (FOI) requests to the Ministry of Justice (MoJ) asking for the number of prisoner injury claims lodged in the last three years, broken down by UK prison and by year.

We also asked how many of those claims were settled and the total amount of damages awarded each year as well as the number of refused claims and the top injuries cited.

Results: Statistics On Prisoner Injuries and Claims

Prisoner injury claims in the UK have cost the MoJ an eye-watering £9.8m in the last five years. 

The most common injuries were from prison bunk beds – resulting in £4.5m being paid to inmate claimants since 2022. 

Some £2.8m was paid in damages settling claims related to slips, trips and falls and a further £446K was paid for asbestos-related injuries. 

HMP Aylesbury

HMP Bedford

HMP Belmarsh

HMP Berwyn

HMP Birmingham

HMP Brinsford

HMP Bristol

HMP Brixton

HMP Buckley Hall

HMP Bullingdon

HMP Cardiff

HMP Channings Wood

HMP Chelmsford

HMP Coldingley

HMP Durham

HMP Elmley

HMP Mallet

HMP Humber

HMP Exeter

HMP Featherstone

HMP Frankland

HMP Full Sutton

HMP Garth

HMP Guys Marsh

HMP Haverigg

HMP Hewell

HMP Highdown

HMP Highpoint

HMP Holme House

HMP Lancaster Farms

HMP Leeds

HMP Leicester

HMP Lewes

HMP Lindholme

HMP Littlehey

HMP Liverpool

HMP Norwich

HMP Nottingham

HMP Pentonville

HMP Preston

HMP Swansea

HMP Wandsworth

HMP Wayland

HMP Wealstun

HMP Wetherby

HMP Woodhill

HMP Wormwood Scrubs

HMP Wymott

HMP Isle of Wight

HMP Isis

Domestic violence refers to incidents or patterns of controlling, coercive, threatening behaviour, violence or abuse between partners or family members, regardless of sexuality or gender identity. Domestic abuse or violence may include physical, psychological, sexual, financial or emotional abuse. If you have suffered domestic violence, you may be eligible to claim domestic violence compensation, even if your abuser has not been caught or convicted.

In this guide we explain how criminal injury claims work, discussing the different routes to claiming compensation. We look at eligibility requirements, provide examples of potential payouts and look at the types of abuse you could claim compensation for. Our solicitors understand how difficult the claims process can be, and we are here to guide you through claiming the compensation you deserve on a No Win No Fee basis.

Our friendly advisors are available to talk about claiming criminal injury compensation for domestic violence and abuse around the clock. As part of your free assessment, they will check whether you have good grounds to claim, advise on how much compensation you could be eligible for and could connect you to one of our solicitors. Get in touch with us today.

• Call our claims helpline on 0800 073 8804.
• Fill out our contact us form for a call back.
• Speak with us using the live chat feature on this page.

Frequently Asked Questions

• Is It Possible To Claim For Domestic Violence Compensation Through The CICA?
• Can I Still Claim If It’s Against A Non-Convicted Person?
• How Much Domestic Violence Compensation Could I Be Awarded?
• How Can Compensation Help Me After Domestic Abuse?
• What Forms Of Abuse Are Compensated For By The CICA?
• Do I Have To Make A CICA Claim Within A Certain Time Period?
• Will I Need A Solicitor To Claim?
• Ways To Get Support For Domestic Violence
• Learn More

Is It Possible To Claim For Domestic Violence Compensation Through The CICA?

If you have suffered domestic violence or abuse, you may be eligible to claim compensation via the Criminal Injuries Compensation Authority (CICA). The CICA is an agency of the government. They administer the Criminal Injuries Compensation Scheme (the Scheme). This is a government-funded scheme, compensating victims of violent crimes in Great Britain as well as those affected by terror abroad.

Claims may be made to the CICA where there is no other recourse to compensation, such as claims against an individual.

To make a domestic violence compensation claim through the CICA, you must meet the following eligibility criteria.

1. The incident must have taken place in Great Britain (or other relevant place, such as a boat registered in GB).
2. The incident was reported to the police as soon as reasonably possible to do so. Claimants must also fully cooperate with the police.
3. Any physical or mental injuries must meet the criteria set by the Scheme.

Domestic violence victims must also ensure that the claim is filed within the relevant time limit (discussed later in this guide). As long as your application meets the CICA’s requirements you may also be able to claim if the perpetrator has not been caught or convicted. This is discussed later in this guide.

One of our domestic violence solicitors could guide you through the process of submitting an application to the CICA. Please get in contact with our team to check your eligibility to claim compensation.

Can I Still Claim If It’s Against A Non-Convicted Person?

Yes, you may still be able to make a domestic violence compensation claim via the CICA even if the defendant has not been convicted of the crime. The CICA can compensate victims of abuse regardless of whether their abuser has been caught, prosecuted or convicted.

To claim against a non-convicted person you must demonstrate that,

• The incident was reported to the police at the earliest possible opportunity.
• You have a police reference number proving it has been reported.
• You cooperate with the police in any investigation they carry out. This may mean pressing charges against the abuser.
• There is sufficient evidence to support your claim.

Whilst you could claim compensation for domestic violence without the abuser having been convicted, the CICA may carefully assess the credibility of your report and the evidence supporting your claim. They will liaise with the police to collect this evidence.

One of our solicitors could help assess your case and help to determine whether you may be able to claim through the CICA.

How Much Domestic Violence Compensation Could I Be Awarded?

Sexual assault leading to serious internal injuries and which causes permanent disabling mental injuries could be awarded £44,000. As previously noted, the CICA administers the Criminal Injuries Compensation Scheme. The Scheme is funded by the government and assess applications based on the severity of the injury and its impact on the claimant.

If successful, the CICA will award compensation in accordance with the tariffs found in the Scheme. Injuries from the main tariff will be subject to the multiple injury formula, which is as follows:

• 100% of the tariff for the highest valued injury.
• 30% for an injury of equal or second highest value.
• 15% for a third injury that is of equal of third highest value.

However, some injuries are separate from this main tariff. These include losing a foetus or becoming pregnant as well as infection with a sexually transmitted disease.

Below we outline compensation tariffs taken from the Scheme for different types of injury, excluding the first row, which is not a tariff figure. Please note that different claims will be affected by various items. Therefore, the table serves only as guidance. Speak to an advisor for a more accurate valuation of your potential compensation.

How Can Compensation Help Me After Domestic Abuse?

Domestic violence compensation can help victims of abuse to rebuild their lives. Experiencing abuse may result in severe disruption to a victim’s life and affect their financial stability.

Domestic violence victims could claim both special expenses and for loss of earnings. Special expenses may be awarded if you have lost out on income and earnings for a period of 28 weeks or more. Such expenses may be considered from the date of the incident.

Special expenses may include:

• The cost of medical treatment, such as medical care, therapy provided by a psychiatrist or clinical psychologist, or other therapy.
• Mobility equipment, otherwise not available for free.
• Replacing personal property damaged in the incident, such glasses or hearing aids.

In order for special expenses to be taken into consideration, they must be considered necessary and reasonable. They must also have been directly caused by your injury and not be available for free from another source.

A member of our team could answer questions such as ‘what is the criminal injury compensation scheme’ and provide further information on how compensation may be calculated.

What Forms Of Abuse Are Compensated For By The CICA?

The CICA provides compensation to victims of various forms of abuse. Below, we outline several types of abuse and harm which may be compensated for through the CICA.

We also provide examples of possible injuries, to help you better understand what injuries or harm may be included in a claim.

Physical Abuse

Physical abuse includes intentional acts of violence resulting in injury or lasting harm. Survivors may experience long-term injuries or disfigurement.

Injuries may include:

• Broken or fractured bones – these may be caused by being struck or thrown against an object.
• Scarring and disfigurement – such as wounds caused by burns, cuts or repeated abuse.
• Internal injuries – such as damage to the organs.
• Head injuries – such as skull fractures, concussions or brain damage.

Sexual Abuse

The definition of sexual (in the context of rape and sexual offences discussed in this Crown Prosecution Service resource) is set out in the Sexual Offences Act 2003. Sexual abuse includes non-consensual sexual behaviour or acts. This may be through physical force, manipulation or coercion. Sexual abuse may cause both physical injuries as well as a psychiatric injury and trauma.

Sexual abuse claims may include:

• Non-consensual groping or touching – including any form of unwanted sexual contact.
• Rape and/ or sexual assault – including both penetrative and non-penetrative acts.
• Historical abuse – where the survivor of abuse as a child may make a claim years later.
• Psychological harm – where the survivor suffered post-traumatic stress disorder (PTSD), anxiety or depression as a result of abuse.

Fear Of Immediate Violence

Fear of immediate violence may be as harmful to a survivor as physical injuries. Such acts are considered a crime of violence. This type of abuse could cause psychological distress and harm. It may result in long-term psychological conditions and leave survivors with psychological trauma.

Victims could experience,

• Threats of physical violence – where an abuser intimidates an individual, causing them to believe they are in imminent danger.
• Isolating a victim in a hostile environment – placing a survivor in a situation where they feared violence would be carried out.

These are some instances in which survivors may make a criminal victim compensation claim through the CICA. If you have suffered domestic violence or abuse, please contact our team to get help and support.

Do I Have To Make A CICA Claim Within A Certain Time Period?

If you are making a claim for domestic violence compensation through the CICA, your claim must be submitted within two years of the incident.

This time limit applies to most domestic violence claims. However, exceptions may be granted in cases where circumstances (such as historical sexual abuse) prevented an application being made earlier.

• If the abuse or domestic violence took place and was reported to the police before you turned 18, you have until your 20th birthday to file a claim.
• If the domestic violence or abuse took place before you turned 18 but was not reported at the time, you have 2 years to file a claim from when it was reported.

We must note that whilst there is a set time period in which to begin a compensation claim, there is not a strict time limit on how long a claim may take. Domestic abuse claims can be complex and how long the claim takes may be impacted by several factors. Claims are assessed by the CICA as quickly as possible. The majority of cases are assessed within 12 months, according to this government resource.

If you are unsure whether you are eligible to make a claim, our experienced solicitors could review your case and advise you on steps you may take. They could guide you through the process of filing a claim and ensure that you do so within the limitation period.

Will I Need A Solicitor To Claim?

Whilst it is not a legal requirement to work with a criminal injury lawyer, we believe that doing so could significantly improve your chances of getting the compensation you deserve.

Making a domestic violence compensation claim, whether through the CICA or directly against the perpetrator can be complex. Steps such as gathering medical evidence, understanding legal terminology and negotiating a fair settlement can all be complicated when carried out yourself. Our team of specialist solicitors are committed to providing claimants with expert support.

We operate on a No Win No Fee basis, taking on cases through Conditional Fee Agreements (CFA). This means that you will not have to worry about meeting upfront legal costs. There also won’t be any fees to pay for your solicitor as the claim is ongoing or if it is unsuccessful. However, if you are awarded compensation, your solicitor will take a small percentage of this as their success fee. A limit is placed on this percentage by the law.

Our team has decades of combined experience in helping clients navigate the claims process. If you have suffered domestic abuse or violence and need legal help, we are here to help you.

Contact Us

If you are ready to begin your domestic violence claim, our advisors are on hand to provide expert help and guidance. Talk to a team member using one of the options below:

• Call us on 0800 073 8804 for a free consultation.
• Use our contact us form to send the details of your case.
• Discuss your case with an advisor, using the live chat on this page.

Ways To Get Support For Domestic Violence

If you or someone you know experienced domestic violence, getting the right support can be an essential step towards safety and recovery. Across the country, there are various organisations and support services which can provide emergency shelter, confidential assistance, and ongoing emotional support.

Below, we have compiled a list of trusted resources and support services who can help survivors of domestic violence and abuse.

• NHS Domestic Abuse Help – this is a free and confidential service. It provides information and access to support services.
• Government Guidance On Domestic Abuse – advice on accessing help, support services and further understanding your legal rights.
• Victim Support – provides independent support and advice to victims of crime.
• Women’s Aid – is a charity which works to end domestic abuse. They offer support services across the country.

Speaking to a criminal injury lawyer can help to clarify your options, ensuring that you get the practical, emotional and financial support you need. Our team is ready to assist you. Contact us to take the next step.

Learn More

Below, we have gathered further key resources to help you learn more about claiming compensation, getting legal guidance and support services.

• In this guide we look at how having a criminal record could impact your ability to claim compensation.
• In this guide we explain what actual bodily harm (ABH) is and when you may be eligible to claim compensation.
• You can find further examples of criminal injuries compensation in this guide.

Key resources and support services

• You can learn more about the government’s updated definition of domestic violence in this resource.
• Legal guidance published by the Crown Prosecution Service (CPS) on domestic abuse also discusses how this crime is defined.
• If you are concerned about someone else’s safety, you can contact the police about domestic abuse and violence.

Seeking domestic violence compensation can be a vital step in moving forward. If you are ready to begin your claim, our solicitors are ready to help you. They can provide expert legal advice and guidance. Speak to an advisor today.

Have you suffered physical, psychological and financial harm because of a work accident that wasn’t your fault while on a job abroad? Our solicitors are experts at helping eligible claimants with accident working abroad claims, and this guide explains how they could help you.

We’ll start with some examples of claims for an accident while working abroad. Eligibility to start a claim is explained. How compensation could be awarded is described in detail, and we also detail the evidence you can gather to make your claim as strong as possible.

The final sections of our guide explain the advantages of working with our solicitors. They can offer qualifying claimants a type of No Win No Fee arrangement to commence their legal action. This avoids the need for upfront or ongoing solicitors’ fees and can help you fund your legal representation today.

To learn more, read on, or you can discuss accident compensation claims abroad with our advisory team now by:

• Calling on 0800 073 8804
• Fill out our contact us form and an advisor will get back to you
• Use the live chat feature below.

Frequently Asked Questions 

1. Examples Of Accident Working Abroad Claims
2. Am I Eligible To Claim If I Was Injured Working Abroad?
3. How Much Compensation Could I Get?
4. Who Would Be Responsible For Paying My Compensation?
5. What Evidence Is Needed For Accident Working Abroad Claims?
6. Do I Have To Start My Claim Within A Time Limit?
7. Can I Make A No Win No Fee Claim?
8. More Information

Examples Of Accident Working Abroad Claims

Working abroad can cover a wide range of activities that may be essentially very similar to workplace activities in the UK. We look at some accident examples that might be encountered:

• A member of the bar staff on a cruise ship suffered severe cuts to their hand while trying to load and unload defective work equipment.
• A construction worker fell from an unsecured balcony on a site because safety guards were not put in place.
• Workers on an oil rig were not provided with the correct personal protective equipment (PPE), and a worker suffered damage to his eyes trying to perform a task with no eye protection.
• The tiles around a swimming pool area were left broken and unrepaired, which caused a holiday rep to stumble and suffer soft tissue lacerations and a fractured wrist.

As is the case in the UK, if you can link the injuries you suffered to some shortcoming in the health and safety standards required, you could have a legitimate claim. To discuss your particular circumstances and talk about accident working abroad claims, reach out to a member of our advisory team.

Am I Eligible To Claim If I Was Injured Working Abroad?

You could have a valid compensation claim for personal injury if your employer failed to ensure that your working conditions were safe and met required standards. To be eligible, the following must apply:

• A duty of care protected you.
• Your employer breached this duty.
• You suffered harm as a consequence.

The Health and Safety at Work etc Act 1974 (HASAWA) binds all UK employers to adhere to certain health and safety standards. It also sets the duty of care that UK-based employers must comply with. Even if the physical location of your workplace is outside of the UK, your employer has a duty of care to take reasonable and proportionate actions to ensure you are protected from being harmed whilst performing your job. Amongst other things, this includes:

• Regular risk assessments.
• Proper training and provision of personal protective equipment (PPE) as required.
• Giving clear health and safety advice.

Furthermore, there may be local laws regarding health and safety in that country that employers must ensure they comply with. With this in mind, if you feel that your employer failed to take commensurate actions and you suffered harm as a result, speak to our advisors about accident working abroad claims.

How Much Compensation Could I Get?

How much compensation you could get largely depends on the nature of your injuries, along with any financial losses they caused. For example, a very severe brain injury could be awarded between £344,150 and £493,000 (according to the Judicial College Guidelines). In addition to that, the injured party may need to be airlifted home and require lifelong care alongside major accommodation adjustments, pushing the overall settlement into the millions. However, if an employee abroad suffers a less severe arm injury, they could be awarded between £23,430 and £47,810 for the physical harm and have considerably fewer expenses.

Accident working abroad claims will be awarded compensation in the same manner as any other personal injury claim. Settlements could consist of both general and special damages. General damages allocate an amount to the physical harm, any long-term disability and psychological injuries caused by the accident. Special damages compensate for any financial hardships caused by the injuries.

To assess an amount for general damages, those involved will use medical evidence, such as medical records or the results of an independent medical evaluation, to help them. In addition to this, they might consult publications such as the Judicial College Guidelines (JCG). This document (in its 17th edition) applies guideline amounts to various injuries based on how serious or severe they are.

The table below illustrates some examples from the JCG (except the top entry). These are strictly guidelines. Please note that the best way to obtain an accurate idea of what compensation could be owed is to discuss your claim in detail with an expert. If you’d like to see whether our solicitors could take on your case, call the team.

Compensation Guidelines

A second category of loss often factors into the final compensation calculation. Special damages can be awarded to reimburse the claimant for the financial harm they suffered because of the injury. Evidence needs to be put forward to include this in a claim, such as:

• Wage slips or statements that show how your income dropped or halted after the injury.
• The costs of the private medical treatments you needed.
• Long-term expenses for rehabilitation or disability needs.
• Proof of the expense of paying others to care for you.
• Evidence of additional childcare costs.
• Travel expenses to vital appointments.

For more information, please speak to our advisors about calculating your accident at work claim or any aspect of international personal injury claims.

Who Would Be Responsible For Paying My Compensation?

Generally, an insurance company will be responsible for paying your settlement. You may think that if you make a successful personal injury claim against your employer, the compensation awarded would come out of their pockets. However, this is not the case. UK employers are required by law to hold Employers’ Liability Insurance, usually to a minimum of £5 million. If a claim against them is successful, the insurance company pays the compensation.

For personalised guidance on who might be liable to pay you compensation, speak to the team about accident working abroad claims. A friendly advisor can also help assess your eligibility, provide guidance on your next steps and give a more accurate estimate of the personal injury compensation you could be awarded.

What Evidence Is Needed For Accident Working Abroad Claims?

Evidence is required in personal injury claims that shows a breach of the duty of care caused the injury. With this in mind, it is useful to collect as much of the following as you can:

• Photos of your injuries.
• Copies of CCTV footage of the accident.
• The contact information for others who witnessed the accident. This will allow them to be approached for a supporting statement in the future.
• A copy from the workplace accident book that may be kept on the premises.
• Reports from any emergency teams that attended the accident.

You might have other forms of evidence that could help strengthen your argument to be compensated. Why not see if our solicitors can cast their expert eye over your claim after an accident working abroad? Get in touch with an advisor today for a free consultation and if you meet the eligibility criteria, they can connect you to one of our solicitors.

Do I Have To Start My Claim Within A Time Limit?

Typically, there is a 3-year time limit in which to start accident working abroad claims. The Limitation Act 1980 sets the personal injury claims time limit. This typically begins from the date of the accident itself. Exceptions to this standard time frame are as follows:

• Minors cannot launch a personal injury claim until they are 18, from which point the 3 year time limit starts.
• Claimants who lack the mental capacity to claim themselves are not subject to a time limit. However, should their capacity return, they have 3 years to launch a claim from the date of recovery.

However, a litigation friend can manage a claim on behalf of an exempt injured party at any point during the limitation period suspension. To become a litigation friend, for example, to act on behalf of your spouse who suffered a serious brain injury, you would need to apply to the courts and they will appoint you as one. If you would like to discuss time limits, litigation friends or any aspect of claims for an accident working abroad, connect via the contact options above.

Can I Make A No Win No Fee Claim?

If you meet the criteria for eligibility that were explored above, you could start a compensation claim for an accident while working abroad with the support of a No Win No Fee solicitor. You don’t have to use the services of a solicitor, but it makes sense to see if they could help. Our solicitors can do the following:

• Calculate the compensation you’re owed much more accurately than any online calculator.
• Help you collect supporting evidence like witness testimony and medical findings from specialists.
• Deal with all the correspondence and deadlines for any court requests as the claim moves forward.
• Represent your accident abroad claim professionally at all times.
• Keep you updated on your case.

Additionally, our solicitors provide these excellent services without creating yet more urgent or additional expense. Because they offer their No Win No Fee services under a Conditional Fee Agreement (CFA), you can take advantage of the following if your claim qualifies:

• No requirement to pay for the initial solicitors’ fees to start work.
• No solicitors’ fees for work moving forward.
• No applicable fees for completed work if the claim is unsuccessful.
• If the claim is a success, a nominal percentage is taken from the compensation. This amount can be agreed upon between the solicitor and you before the work starts.
• In addition to this, the percentage that can be deducted as a success fee is capped by law. This ensures that the person claiming receives virtually all their compensation.

If No Win No Fee terms are of interest to you after an accident while working abroad, get in touch. Our team can assess the strength of your claim and potentially direct you to our solicitors to get started.

Contact Our Solicitors

• Call our team on 0800 073 8804 about your workplace injury while abroad.
• Send us a message using our online contact us form
• You can also reach us online with our 24/7 live chat.

More Information

In addition to information on claims for accidents while working abroad, these other resources might be helpful:

• This guide looks at how to claim after a serious injury at work.
• Here we explore cruise ship accident claims in detail.
• Also, personal injury claims against an employer are detailed here.

External reading:

• This resource looks at working in an EU country.
• Here, also from GOV.UK, you can find guidance for workers abroad.
• Also, read about how to check your symptoms after an accident.

In conclusion, thank you for reading this guide about accident working abroad claims. If you need any further information or support after being injured abroad, the team are happy to assist.

According to statistics published by GOV.UK, there were 132,063 casualties caused by road traffic accidents in 2023. A lot of people think that you can only claim if you’re a driver, but that’s just not true– If you’ve been injured in a car accident that wasn’t your fault, you have the right to make a car accident passenger claim.

Key Takeaways In Car Accident Passenger Claims

• You can make a compensation claim if you were hurt in an accident as a passenger
• You can claim against the driver of the car or the other vehicle
• You can claim for your injuries and also any financial losses, such as lost wages
• A No Win No Fee solicitor can help you make a road traffic accident claim

If you’d like to talk to one of our expert advisors about making a car accident claim, you can get in touch by:

• Calling us on 0800 073 8804
• Using the live chat feature
• Contacting us online

Select A Section

1. Can I Make A Car Accident Passenger Claim?
2. I Was Injured As A Passenger In A Taxi, Can I Still Claim?
3. What Types Of Injuries Could I Claim For?
4. Common Myths Surrounding Passenger Accident Claims
5. How Much Compensation Can You Get From A Car Accident Passenger Claim?
6. Making A No Win No Fee Claim
7. More Information

Can I Make A Car Accident Passenger Claim?

All road users owe and are owed a duty of care to navigate the roads in a way that prevents harm and injury to themselves and others. It is imperative that all road users comply with this duty by adhering to the Highway Code and the Road Traffic Act 1988. This applies to everyone who uses the roads, including cyclists, pedestrians, and drivers.

It is illegal for a driver to drive while drunk, speed, or drive through a red light. These offences mean that such drivers are liable for road traffic accidents.

Who Would I Claim Against?

Very rarely is a passenger ever at fault for a road traffic accident. Usually, fault will lie with the driver of the vehicle they are in or a third party. In order to find out who you would claim against, an investigation will take place to find out who breached their duty of care and how.

If you’re unsure who you could make a car accident passenger claim against, get in touch with our helpful team today and start your free consultation.

I Was Injured As A Passenger In A Taxi, Can I Still Claim?

Yes, you can still claim if you were injured while riding in a taxi. Taxi drivers need to have insurance to operate legally, so you can claim against the other driver or the taxi driver themselves.

What If I Wasn’t Wearing A Seatbelt?

Wearing a seatbelt is a legal requirement. Many people think that if they weren’t wearing one, they can’t claim. But this isn’t true– You can still claim if you weren’t wearing a seatbelt, so long as you can prove that negligence occurred.

In this case, you could make a contributory negligence claim. This means that you contributed to your injuries, but the accident itself was not your fault.

Contact our team of advisors today to find out if you could make a contributory negligence claim with one of our solicitors.

What Types Of Injuries Could I Claim For?

There are a number of different injuries that you could sustain as a car accident passenger, including:

• Head injuries and brain damage
• Whiplash, including minor shoulder and neck injuries
• Broken bones and fracture injuries
• Muscle, soft tissue and ligament damage
• Permanent scarring
• Sprains and strains

Physical injuries aren’t the only things you can claim for after a car accident. Oftentimes, a car accident can cause you to develop mental health conditions like post-traumatic stress disorder (PTSD), anxiety, and depression.

To learn more about the kinds of injuries you could make a car accident passenger claim for, contact our team today.

Common Myths Surrounding Passenger Accident Claims

There are a lot of myths surrounding the claims process, and we’d like to dispel a few that we often hear from our clients.

• You can’t claim if you were hit by an uninsured driver: This is completely untrue. If you were injured by an uninsured or untraceable driver, you can make a claim through the Motor Insurers’ Bureau.
• You can’t claim if you’re a passenger in the car that was at fault: This is a myth. If you were injured as a passenger in a car accident, it doesn’t matter who was driving, you still have a right to compensation.
• You can’t claim against a friend or family member: You can claim against your friends and family members if they caused the accident.

If you are still wondering whether or not you could make a claim, contact our team of advisors today.

How Much Compensation Can You Get From A Car Accident Passenger Claim?

If you make a successful car accident passenger claim, then you will receive general damages. This head of your claim covers the pain and suffering you go through as a result of your injuries, including both physical and psychological harm. It also covers loss of amenity, which is the effect your injuries have had on your quality of life.

This is only one of two potential heads of compensation that you can pursue. When this heading is calculated, professionals and solicitors might use the Judicial College Guidelines (JCG) for help.

The JCG is a document that has a list of common injuries and illnesses, providing guideline compensation brackets for each one. We’ve set some of these guideline brackets out in the table below, but please note that these are not guaranteed amounts, and the first entry has not been taken from the JCG.

We’ve also included some tariffs from the Whiplash Injury Regulations 2021, which changed the way some whiplash and low-value claims are made in England and Wales. You can talk to our team for more information on the whiplash reform programme.

What Are Special Damages?

A car accident can cause serious injuries, and these injuries can come with a variety of costs and expenses. Special damages cover these losses, which can include the cost of:

• Private healthcare
• Counselling
• Physiotherapy
• Childcare
• Lost earnings
• Home adjustments
• Mobility aids
• Prescriptions

If you choose to work with one of our solicitors, they will do all they can to make sure that your claim completely covers all your losses. Contact us today for more information on how much compensation you could get for a car accident passenger claim.

Making A No Win No Fee Claim

At Legal Expert, we believe in expert legal help for everyone, regardless of their financial position. Our solicitors work on a No Win No Fee basis, which means you can access specialist legal services without paying any upfront or ongoing fees. In fact, they work under the terms of a Conditional Fee Agreement (CFA), which means you don’t pay any fees unless your claim succeeds.

If you make a successful claim with one of our road traffic accident solicitors, they’ll take a success fee from your compensation. This is capped by law, and taken as a small percentage, which you’ll be made aware of before your claim starts.

We’ve successfully recovered over £80 million worth of compensation for our clients, and our solicitors have decades and decades of combined experience in personal injury law. But our help doesn’t end when your claim does: we work with a range of disability specialists and rehabilitation partners to help you through your recovery.

Contact Our Team

If you’re ready to find out how one of our expert solicitors could help you, contact us today by:

• Calling us on 0800 073 8804
• Using the live chat feature
• Contacting us online

More Information

For more information on road traffic accident claims:

• Learn how to claim for a knee injury from a road traffic accident
• Find out how to make a bus accident claim
• Get help making a claim for a car crash on the motorway

To find further resources:

• Get information on making a claim through the MIB
• Learn about whiplash from the NHS
• Find out how to request CCTV footage of yourself from GOV.UK

Thank you for reading our guide to making a car accident passenger claim.

Care homes provide vital services to some of the most vulnerable people in society. They have a duty of care to ensure residents are given a level of care that meets with fundamental standards as set out by the Care Quality Commission (CQC). Correctly dispensing medication is one such responsibility. Medication errors in care homes can cause long-term health impacts for the resident involved. If this happened to you or a loved one, you could be owed compensation from the care home at fault.

Key Points To Remember When Claiming For Care Home Negligence

• Care home staff are required to meet certain professional standards of care, and if they fail to do so, causing avoidable harm to a resident/patient, a compensation claim can apply.
• Dispensing medication correctly is a key responsibility of care home staff.
• A three-year time limit is allocated in which to start a care home claim, but this can be frozen if the person lacks mental capacity.
• You can initiate a claim for a wrong medication error on behalf of someone else, like a relative.
• One of our solicitors could help eligible claimants start their claims via a type of No Win No Fee contract that avoids immediate or ongoing legal fees.

Read on to learn more on how to claim. Or connect with us now for free guidance on claims for medication errors in care homes:

• Call us on 0800 073 8804.
• Leave a query about your claim online.
• Use our Live Chat feature below.

Browse Our Guide 

1. Claiming For Medication Errors In Care Homes
2. Making A Care Home Negligence Claim For Someone Else 
3. How Can Medication Errors In Care Homes Happen?
4. Different Types Of Medication Errors And Their Impacts
5. How Much Compensation Could You Get For Medication Errors In Care Homes?
6. Why Make A Claim With Legal Expert?
7. Learn More

Claiming For Medication Errors In Care Homes

Claims for medication errors in care homes start with meeting three eligibility criteria:

• The care home staff had a specific duty of care to provide proper care and treatment.
• They fell short of this expected standard.
• You (or a relative) experienced avoidable or unnecessary harm as a result of this.

If you meet these three criteria, you could have a care home claim and be owed compensation for the physical, psychological and financial harm caused.

As you read this guide, please feel free to connect at any point with our advisors on the number above for free and impartial legal guidance about anything raised.

Making A Care Home Negligence Claim For Someone Else 

As we touched upon in our key takeaway section, there is normally a three-year time limit for starting a medication error claim as detailed by the Limitation Act 1980. However, this can be paused or frozen for minors (until they turn 18) and those who lack the mental capacity to claim independently (indefinitely).

If you need to claim on behalf of someone else, the courts may appoint you as a litigation friend. In this role, you can start a care home claim immediately and perform all the functions of the claim on the person’s behalf. This is often useful if compensation is being sought urgently for medical treatment.

Call our advisors if you’d like more guidance on the role of litigation friends or any part of the claims process after medication errors in care homes.

How Can Medication Errors In Care Homes Happen?

We explore some specific scenarios of harm caused by medication errors in care homes in the following section, but some general causes may be as follows:

• Poor communication between doctors and care home staff.
• Inadequate staffing and ineffective shift patterns.
• Incorrectly trained (or untrained) staff are left in charge.
• The frequency, strength or route to administering the drug is not double-checked for patient suitability.
• Incorrect substitute drugs are administered.
• When medication names are similar or abbreviated in a way that not everyone understands.
• When there’s a failure to maintain the storage and equipment used for administering medication to the correct standards.

Common medication errors in care homes can differ greatly from person to person. If you’d like to discuss your particular situation and see if a claim can apply, call the team.

Different Types Of Medication Errors And Their Impacts

Below are some examples of how medication errors in care homes might happen in a way that presents grounds for a potential claim:

• A doctor makes an error when prescribing medication to a resident. The resident fails to get better.
• The correct dosage of medication may be administered to the wrong resident because of staff error. One resident is harmed and the other one fails to receive care. In cases of similar patient surnames, a ‘Name Alert’ procedure should be used to ensure the right resident receives their medication.
• Due to lack of adequate supervision, the resident may fail to take their prescribed drugs or take too much medication, lose consciousness and suffer a head injury in a fall.
• Because care home record keeping systems are not regularly updated, a resident continues to receive and take a drug that is no longer appropriate, causing them digestive and bowel injury.
• Staff fail to consult patient notes regularly and monitor any adverse drug effects. Either immediately or over a prolonged period, the resident suffers a decline in health because of these medicine administration errors.
• Stressed or over-worked care home staff simply forget to administer medication to a resident, impacting their recovery and patient safety.
• The correct procedure for taking medication is not followed, such as not taking medication with food. This causes the patient harm like nausea and vomiting.
• Over-the-counter medication is used alongside prescription drugs without checking any adverse drug reactions to the resident. They suffer kidney damage and a spleen injury as a result.
• Staff should also check that the right medication is in the correct packaging and conforms with use-by dates.

The Consequences Of Medication Errors

Medication mistakes can cause an array of side effects that impact health and well-being. They can cause temporary or permanent health problems, including the following:

• Mild discomfort.
• Fatigue, confusion and loss of consciousness.
• Rapid heart rate.
• Nausea, diarrhoea and vomiting.
• Internal bleeding and organ damage to the kidneys, bowel, spleen or liver.
• Bladder injury.
• Cardiac arrest and death.

Simple antibiotics can cause reactions such as wheezing and breathing difficulties, so it’s essential that care home staff are vigilant in all the ways to reduce medication errors. If you feel your care home failed, speak to our team about what to do next.

How Much Compensation Could You Get For Medication Errors In Care Homes?

Claims for medication errors in care homes that are successful can mean an award that is made up of two heads of loss called general and special damages. Under general damages, a monetary amount is calculated that reflects the following:

• The physical pain the person endured.
• Any psychiatric injury.
• Any permanent disability.
• The overall negative impact on the quality of their life.

Those involved in calculating general damages often refer to medical records to understand what effect the medication errors had on the claimant, along with the overall prognosis. In addition to this, they also consult publications like the Judicial College Guidelines (JCG) where various types and severity of harm are listed with a guideline award bracket.

These sums are based on successful claims made in the past. However, they are strictly guideline figures and the excerpt we have put together below includes a top entry that is not from the JCG:

Compensation Guidelines

Could I Claim Special Damages?

Special damages are the second category of loss that can form the total compensation award. This reimburses the person for any financial loss and monetary expense caused by the medication error. Special damages are only claimed alongside general damages and you would be required to submit documented proof such as:

• Evidence of loss of earnings after the medication error.
• Proof of any private medical expenses.
• Receipts and invoices for essential care required after the error.
• Proof of costs for specialist equipment.
• Travel amounts for appointments.

Our solicitors know how to use documented proof like this to calculate the maximum compensation owed. If you’d like more guidance on how they approach claims for medication errors in care homes and how compensation is calculated, get in touch with our advisory team.

Why Make A Claim With Legal Expert?

Our solicitors have been confidently dealing with care home claims for decades. They have the essential expertise to help people just like you build a solid claim for compensation after a medication error. In addition to this, if they take up the claim you can expect:

• Regular updates on the status of the claim.
• A fully and accurately calculated idea of what compensation is owed.
• Skilful negotiation on your behalf throughout the entire process, with all correspondence and court requests dealt with promptly.
• A professionally presented claim at all times.

You or your loved one could focus on recovering from the medication error, safe in the knowledge that every aspect of your claim against a negligent care home is being properly handled. And they can do this in a way that does not add to your financial burden right now.

What Is A No Win No Fee Agreement?

Our solicitors can offer their services under No Win No Fee terms. This is a funding option that helps people access professional legal services without charge until the outcome of the claim is known. Not all solicitors offer their services in this way, but ours can offer a version called a Conditional Fee Agreement (CFA), which normally means:

• You won’t need to pay upfront solicitors fees.
• No solicitors’ fees apply as the claim moves ahead.
• No solicitor’s fee applies for finished work on the claim if it fails.
• A nominal percentage ‘success fee’ is taken from the compensation for winning claim outcomes.
• A legal cap keeps the success fee percentage low.
• This guarantees you benefit first and foremost.
• In addition to this, you and your solicitor can agree on the success fee amount before work starts.

With all this mind, why not see if our solicitors can help you? Learn more about No Win No Fee claims for medication errors in care homes today:

• Call us on 0800 073 8804.
• Leave a query about your claim online.
• Use our Live Discussion feature below.

Learn More

Alongside this guide on claims for medication errors in care homes, these other articles might prove helpful:

• Here we discuss penicillin medication error claims.
• This guide looks at personal protective equipment (PPE) in nursing home claims.
• Also read our guide on a wrong patient medication error claim.

External resources:

• The Health and Social Care Act 2012 details the legal duties of care homes.
• Read some reported medicine-related incidents here.
• This NHS guide to care homes is useful.

Thank you for reading our guide about medication errors in care homes. If you would like to see whether you could go ahead with a claim or just have other questions, please connect with our advisory team for immediate assistance.

If you have suffered an injury whilst working in a warehouse or factory, understanding how to make a factory accident compensation claim is crucial. Our solicitors have expertise in helping people to make successful factory accident claims. They could guide you through the accident at work claims process, helping you to secure the compensation you deserve. In our guide we cover everything you may need to know about how to successfully make a compensation claim.

The Important Takeaways

• Employers have a duty of care to take reasonable steps to keep workplaces safe.
• There are various regulations and pieces of legislation designed to keep people safe at work.
• Factory and warehouse accidents could happen in a variety of different ways.
• Compensation may be awarded for pain, suffering and financial losses.
• One of our expert solicitors could help you on a No Win No Fee basis.

Get help with your factory accident claim by contacting our advisors. If they think your claim is valid, they could connect you to our experienced solicitors.

• Talk to an advisor live below.
• Click to claim online.
• Call 0800 073 8804

Jump To A Section

• What Are Factory Accident Claims?
• What Are The Six Pack Regulations?
• Common Causes Of A Warehouse Or Factory Accident
• How Much Compensation For Factory Accident Claims?
• Examples Of A Factory Accident Compensation Claim
• What Evidence Do I Need To Support My Work Accident Compensation Claim?
• What Are The Time Limits For Starting Factory Injury Claims?
• Our No Win No Fee Factory Accident Claims Solicitors
• Learn More

What Are Factory Accident Claims?

If you have been injured in a factory accident, you may be able to claim compensation. A warehouse or factory accident claim is a way to seek compensation for injuries suffered in a workplace accident where an employer was at fault.

In order to claim compensation, you must meet the following eligibility criteria. These are that:

1. An employer had a duty of care to you. The main piece of legislation under which employers have a duty of care is the Health and Safety at Work etc. Act 1974.
2. This employer breached their duty, causing the accident.
3. You suffered physical or psychological injuries as a result of this.
4. You were injured in the last three years,

Factory injuries could range from minor lacerations and soft tissue injuries through to serious injuries such as chemical burns, head injuries and amputations.

What Is My Factory Or Warehouse Employer’s Duty Of Care?

As stated above, factory and warehouse employers have a legal duty of care. They must take reasonable steps to ensure workers’ safety.

Steps that employers may take to fulfil this duty of care could include:

• Maintain a safe working environment – workplaces should be kept free from hazards, such as trip hazards. They should also regularly maintain facilities, equipment and machinery.
• Provide adequate training – Inadequate training, such as failing to provide proper manual handling training, or in the use of dangerous machinery, could lead to workplace injuries.
• Provide Personal Protective Equipment (PPE) – employers should provide PPE appropriate to workplaces, job roles and potential hazards.
• Carry out risk assessments – employers should carry out regular risk assessments to identify potential hazards. They should subsequently implement measures to mitigate such risks.
• Record and report workplace accidents – employers should keep an accident report book in which incidents are logged. Serious accidents and factory injuries should be reported to the relevant authorities, such as the Health and Safety Executive (HSE). This is the UK’s regulator for workplace safety.

Find out more about eligibility to make factory accident claims by contacting our specialist team.

What Are The Six Pack Regulations?

The ‘six pack’ regulations is a term applied to six workplace health and safety regulations which came into effect in the 1990’s, following European Union directives. The purpose of these six regulations is to protect employees in the workplace.

The six pack regulations are:

• The Management of Health and Safety at Work Regulations 1999 – this clarifies employers responsibilities under the Health and Safety at Work etc. Act 1974. It includes requirements on providing relevant training to staff and to carry out risk assessments.
• The Manual Handling Operations Regulations 1992 – these regulations address risks associated with pushing, pulling, lifting and carrying in the workplace.
• The Workplace (Health, Safety and Welfare) Regulations 1992 – this sets out various requirements for workplaces, such as those for lighting and ventilation as well as upkeep of workplaces.
• The Provision and Use of Work Equipment Regulations 1992 – under this, employers must prove equipment which is safe to use, suitable for the tasks and which is properly maintained.
• The Personal Protective Equipment at Work Regulations 1992 – under this, employers must provide appropriate and adequate PPE where there are risks which otherwise can not be controlled.
• The Health and Safety (Display Screen Equipment) Regulations 1992 – this applies to those using equipment with display screens, such as computers, for significant periods of time. Employers must take steps such as offering eye tests, assessing workstations and providing appropriate equipment.

Employers can significantly reduce the likelihood of accidents by following health and safety measures set out in these different pieces of legislation.

Learn more about which health and safety regulations may apply to your workplace by contacting our team.

Common Causes Of A Warehouse Or Factory Accident

There are numerous potential hazards and causes of factory accidents. Understanding what these potential causes are can help employers prevent such accidents from taking place and help employees know when they could be able to claim compensation.

Slips, Trips Or Falls

Slips, trips and falls are one of the most common types of workplace accidents. According to HSE statistics, slips and falls on the same level account for 31% of non-fatal injuries at work. Trips and falls in factories and warehouses could be caused by spillages which have not been cleaned up, uneven floors or unmarked hazards, trailing leads and poor lighting on staircases.

Straining

Strains and sprains may be caused by overexertion or improper lifting techniques. They could occur when you have to lift or move a heavy object without proper training, equipment or help. They may also be caused by carrying out repetitive and awkward tasks or movements.

Crushing Or Trapping

Crush accidents may be caused by falling objects which have been improperly stored at heights. Workers may also suffer crush injuries due to the use of defective machinery. In addition, improper use of equipment such as roll cages and lift trucks could cause a worker to be crushed or trapped.

Burns

Burn injuries may be caused by exposure to hazardous chemicals, hot surfaces and open flames, or electrical burns due to an electric shock. A lack of protective equipment, faulty machinery or the improper handling of hazardous materials could all constitute hazards.

Chemical Or Dangerous Substance Exposure

Exposure to chemicals and other dangerous substances could lead to health issues ranging from skin irritation to respiratory conditions and even cancers. Common causes of exposure to dangerous substances could include improper ventilation, a lack of proper safety equipment or improper storage of chemicals. Workplaces should take steps, such as adhering to The Control of Substances Hazardous to Health Regulations 2002 (COSHH) regulations.

Hearing Loss

Workers in factories and warehouses may face exposure to sudden, loud bangs and noises. This can result in damage to the hearing, including partial or full hearing loss. Exposure can be caused by a lack of proper ear protection, such as ear defenders or poorly scheduled steam releases.

Injury To Eyes

Eye injuries may be caused by exposure to debris or harmful substances. Factors which could lead to eye injuries may include having no eye protection at work, defective equipment and inadequate safety measures.

Back And Neck Injuries

Back and neck injuries could be caused by manual handling operations, such as if you are twisting or jerking when lifting or otherwise moving items. Risk factors could include improper lifting techniques, a lack of lifting equipment and being asked to lift or move items which are too heavy.

Cuts, Lacerations Or Amputations

This may cover a wide range of injuries and degrees of severity. Cuts and lacerations may range from minor or modest injuries right through to deep wounds which damage tissue down to the bone. Cuts, lacerations and amputations could be caused by defective machinery and equipment, a lack of training or insufficient PPE. If a finger, hand or limb gets stuck in a machine, it could result in a traumatic amputation.

If you or a loved one has been harmed in a factory or warehouse, contact us to learn more about factory accident claims.

How Much Compensation For Warehouse Or Factory Accident Claims?

If you meet the eligibility criteria to make a factory accident injury claim, you may be wondering how much compensation you could be owed. Without assessing your individual circumstances, such as your injuries, we can not give a definitive compensation figure. However, we can tell you what will be considered when assigning value to your factory or warehouse accident claim.

Personal injury claims compensation may be awarded in two heads. These are general damages and special damages.

General damages compensate claimants for physical and psychological injuries they suffered in the factory accident. To work out what you may be entitled to, a personal injury solicitor (or other party involved in your claim) may review your medical records and compare these to guidelines from the Judicial College (JCG). This document provides a list of injuries alongside guideline compensation amounts.

Entries in the following table have been taken from the JCG with the exception of the top row. We present this figure to illustrate what may be awarded in a case of a severe injury where special damages were awarded.

How Can Compensation Help Me?

Successful factory accident claims may also be awarded compensation for the wider impact that an injury has had on a claimant. This head of claim is called special damages.

Whilst they are not automatically awarded (where general damages are) you could supply evidence such as:

• Payslips and bank statements showing loss of earnings.
• Invoices showing medical or medication costs you have incurred.
• Travel tickets showing the cost of getting to and from medical appointments.
• Invoices which show domestic care you have had to pay for.
• Medical invoices for prosthetic limbs.

Who Pays The Compensation For An Industrial Accident?

If you make a factory accident compensation claim against your employer, you may be concerned that your compensation will come from them and impact the company. Typically, compensation is paid out by their employer’s liability insurance.

There is a legal requirement for employers to have an insurance policy in place to cover claims made by employees for workplace injuries.

One of our team members could help to analyse your case and explain how compensation for factory accident claims may be calculated.

Examples Of A Factory Accident Compensation Claim?

Here we present examples of when factory accident compensation claims could be made.

• Factory machinery accidents could include an employee suffering hand injuries if it is caught in machinery which lacks proper safety guards.
• An employee could sustain a severe back injury caused by lifting and carrying heavy objects without proper lifting equipment or training.
• A factory worker could suffer burn injuries caused by equipment malfunctioning and overheating.
• A worker in a warehouse could be struck by a reversing lift truck vehicle due to lack of training and visibility for the driver.

Can I Claim On Behalf Of A Loved One Who Was Injured In A Factory Accident?

If a loved one, such as a minor under the age of eighteen or someone who does not have sufficient mental capacity to claim themselves, has been harmed in a factory or warehouse accident, you could claim on their behalf.

Those without the mental capacity to claim or minors are unable to take legal action themselves. Instead, a suitable adult may become a litigation friend and act in their interests.

Our team could provide further information and advice on when you could claim on behalf of a loved one harmed in a factor accident. Contact us to learn more.

What Evidence Do I Need To Support My Work Accident Compensation Claim?

A crucial part of any personal injury claim is having the right proof or evidence. A strong body of evidence strengthens your case and ensures that you are fully compensated. This means not just being compensated for your injuries but also your financial losses.

Essential evidence which can help prove compensation claims includes:

• Accident reports. Records from your workplace accident report book.
• Medical records. This may document your injury, how it was treated and whether you will recover from it.
• Witness statements. You could collect details of anyone who witnessed the accident and who may later provide a statement.
• Photos & video. These could show the scene of the incident and/or visible injuries.
  Video.
• A diary of symptoms. You could record the date, time and circumstances of your accident as well as notes on how your injury has affected you over time.

Having a strong body of evidence could make a significant difference to the outcome of your claim. You can get help gathering evidence for factory accident claims by contacting our advisors.

What Are The Time Limits For Starting Factory Injury Claims?

Another crucial factor you need to be aware of is the amount of time you have in which to start a claim. Under the Limitation Act 1980 claimants will generally have three years from the date of an accident in which to begin a claim.

In some cases, such as where you are claiming on behalf of someone else, this time limit may differ. For example, where a minor was harmed the time limit does not begin until they turn 18. Similarly, where a claimant does not have sufficient mental capacity to handle their claim, the time limit does not apply. It may be applied if they subsequently do regain their mental capacity.

To discuss time limits for starting factory accident claims, speak to a member of our team today.

Our No Win No Fee Factory Accident Claims Solicitors

We believe that whilst you do not have to use a solicitor when making a factory accident compensation claim, we believe that there are benefits to doing so. Our team understands that many people have concerns about the cost of taking legal action. As such, they could offer to take on your case under a Conditional Fee Agreement (CFA).

This means that you will not have to make any payments for their services unless you win your claim. You would also only pay for their services at the end of a claim with the fee (called a ‘success fee’) for their services being deducted from your compensation. Under law, there is a maximum percentage of your compensation which may be deducted.

If your claim is unsuccessful, there is nothing to pay for the work done on it. Hence, ‘No Win No Fee’.

Contact Us

No matter your factory or warehouse injury, we could help you claim compensation if someone else was at fault. Get in touch to learn more about claiming compensation on a No Win No Fee basis.

• Chat to us live below..
• Phone 0800 073 8804.
• Start your claim online.

Learn More/More Information

Below you can find related workplace injury claim guides from across our site.

• Here we look at how to prove fault in slip and fall claims.
• Here you can learn more about the accident at work claims process.
• Check the relevant time limit to make your claim here.

Here we have included helpful external references.

• Read more about reporting accidents and incidents at work in this guide from the HSE.
• Get further information on first aid in this NHS resource.
• Get an overview of Statutory Sick Pay here.

We hope after reading our guide you understand more about making warehouse and factory accident claims. Get in touch with our team to claim on behalf of yourself or a loved one.

Did you or your child suffer from injuries following a birthing trauma caused by medical professionals? If so, this guide will explain how you may be eligible to sue the NHS for birth trauma or claim compensation from a private healthcare facility with the help of our experienced medical negligence solicitors.

Key Takeaways On Suing The NHS For Birth Trauma

• Birth trauma is a physical or psychological consequence of a traumatic birth. Both women and their children may suffer as a result of such trauma.
• If a medical professional breached their duty of care, resulting in your birthing trauma, you may be eligible to sue.
• Birth injury compensation awards depend on the extent of injuries sustained and financial losses incurred.
• You typically have three years to start a medical negligence claim, although this rule has some exceptions.
• Our experienced solicitors specialise in medical negligence claims and may help you claim compensation on a No Win No Fee basis.

To start your claim today, get in touch with our helpful advisors by:

• Visiting our contact page 
• Giving our advisors a call on 0800 073 8804
• Message our advisors on our live chat 

Jump To A Section

1. What Are Considered Birth Injuries?
2. Can I Sue The NHS For A Birth Injury?
3. Can I Sue The NHS For Birth Injury On Behalf Of My Child?
4. How Much Compensation Could You Get For Birth Trauma?
5. How Much Does It Cost To Make A Claim?
6. How Can Legal Expert Help?
7. More Information On Medical Negligence Claims

What Are Considered Birth Injuries? 

The pregnancy and birthing journey is different for all women. However, some women or their babies may experience injuries and trauma during birth. Birth injuries are any form of physical or mental suffering a mother or baby may sustain as a result of a birthing procedure.

Babies may suffer from birth injuries such as brain damage, fractures or nerve damage. Whereas mothers may suffer from birth injuries such as post-natal infections, perineal tears or post-traumatic stress disorder (PTSD).

During labour and delivery, it is not uncommon for both mother and baby to suffer some form of injury. However, if you or your baby has suffered from a birth injury because you believe the healthcare team looking after you were negligent, get in touch with our helpful advisors today to find out if you are eligible to claim birth trauma compensation.

Can I Sue The NHS For A Birth Injury?

If you or your baby have suffered from a birth injury, you may be able to sue the NHS for birth trauma. However, you must meet the following eligibility criteria:

• A medical professional must have owed you a duty of care
• The medical professional must have breached this duty
• This must have resulted in you or your baby suffering from avoidable or unnecessary harm

A duty of care is a specific legal obligation imposed on healthcare professionals who work privately and within the NHS. Healthcare professionals must meet the correct standard of care when treating their patients. If they are in breach of this duty during your birthing procedure, it may result in you or your baby suffering from avoidable or unnecessary harm, which you may be eligible to claim compensation for.

Healthcare professionals may be in breach of their duty during your labour for:

• Failing to monitor the progression
• Misinterpreting or misrecording results
• Failing to attach or use equipment properly
• Incorrect management of medication
• Failure to report, diagnose or treat abnormalities

The Physical Effects Of Birth Trauma 

The majority of birth traumas result in physical injuries sustained by a mother, baby, or both. Depending on the nature of the trauma, injuries may be mild or severe with corresponding levels of suffering.

Some examples of physical birth injuries mothers may suffer include damage to organs caused by negligent caesarean sections, post-natal infections, a retained placenta and nervous shock. Whereas babies may suffer cerebral palsy, erb’s palsy, brain damage due to a lack of oxygen, fractures, nerve damage and more.

The Mental Effects Of Birth Trauma

Traumatic birthing procedures can be frightening, stressful and worrying for mothers. Therefore, as well as potentially causing physical injuries, birth traumas may also result in mothers suffering from psychological injuries. Some examples of the mental effects of birth trauma include:

• Post-traumatic stress disorder (PTSD)
• Post-natal depression
• Anxiety disorder

Contact our advisors if you or your child suffered from medical negligence and you think you have good grounds to sue the NHS for birth trauma.

Can I Sue The NHS For A Birth Injury On Behalf of My Child?

Under the Limitation Act 1980, you typically have three years to start a medical negligence claim when claiming for yourself. However, there are some exceptions to this rule. 

If your child has suffered from a birth injury caused by the negligent actions of a medical professional, you may be eligible to sue the NHS on their behalf. However, you must act as a litigation friend during the claims process. Litigation friends are appointed to act on behalf of those who are unable to go through the claims process because they are either minors (under eighteen) or lack mental capacity. 

For children, the three-year claim time limit will begin once they reach the age of eighteen. However, litigation friends may claim on their behalf anytime before this. Further, if your child lacks mental capacity, there will be no time limit on their claim unless they regain mental capacity.

What Kind Of Birth Injuries Could I Claim For On Behalf Of My Child?

If the negligent actions of a medical professional led to your traumatic birth, injuring your child, they may be entitled to compensation. Here are some examples of injuries you may claim on behalf of your child:

• Brain damage – this may result in the baby suffering from a stroke or cerebral palsy due to a lack of oxygen in the brain
• Erb’s palsy – this may be caused by shoulder dystocia
• Broken bones, fractured bones or dislocated bones
• Nerve damage or paralysis
• Cord prolapse

What Happens To Compensation Awarded To My Child?

If you make a medical negligence claim on behalf of your child for trauma birth injuries and they are awarded compensation, you may ask ‘What happens to this award?’

Any compensation that is awarded to your child who is under the age of eighteen will go directly into a trust within the Court Funds Office. Once your child turns eighteen, they will have access to this reward.

What Happens To Compensation Awarded For Severe Injuries To Your Baby?

Your baby may have received a very serious birth injury. In these cases, typically the more severe the injury is, the greater amount of compensation. This will generally consider:

• The impact on your life as a parent. For example, if you have to stop work due to needing to care for your child, you could be compensated for your income loss plus pension contributions.
• Appropriate care and treatment for your child. This could include full time nursing care, home help carers, live in carers, and occupational therapies to help your child.
• Home adaptations. For example, installing a wet room, wheelchair ramp, stairlift, or ensuring rooms are the right size to hold specialist equipment.
• Specialist equipment and upgrades as your baby grows. For example, due to brain damage, your child may need a specialist bed and as they grow, this will need to become larger.

Every successful birth injury claim is unique. This means that the compensation awarded will be varied depending on the specifics of the case. Lump sums can be awarded to fund home adaptations or relocations as well as lost earnings. However, care costs could be awarded via periodical payments. This means that a payment will be made during each year of your baby’s life. Furthermore, as these periodical payments are index-linked, the amount will be adjusted as these costs change.

Get in touch with our friendly advisors to find out if you can sue the NHS for a birth injury on behalf of your child today.

How Much Compensation Could You Get For Birth Trauma?

If you or your child has suffered from a birth trauma, you may ask, ‘How much can you be compensated for a birth injury?’

The compensation you are awarded depends on the extent of your injuries and the financial losses this led you to incur. Therefore, medical negligence compensation is divided into two heads of claim: general damages and special damages.

General damages compensate you for the physical and psychological injuries you sustained. This head of claim is professionally calculated using documents provided by an independent medical assessor and guidelines presented by the Judicial College (JCG).

The JCG lists injuries and conditions accompanied by suggestive compensation brackets. The table below provides examples from the JCG, except for the top figure, of how compensation could be valued for birth injuries. However, these are guideline figures only; you are not guaranteed to receive these amounts.

Does Medical Negligence Compensation Cover Financial Losses?

If you have incurred financial losses as a result of your birth injuries, you may be compensated for this under the head of claim special damages. However, you must have also suffered from a physical or mental injury.

Some examples of financial losses include:

• Lost wages and income
• Lost work benefits such as holiday entitlement, bonuses and pension contributions
• Medical, recovery and travel costs
• Costs towards home adjustments and special equipment

When claiming compensation for special damages, you must provide evidence of the losses you incurred, such as:

• Payslips
• Medical bills
• Receipts

Contact our friendly advisors today for more information on birth injury compensation.

How Much Does It Cost To Make A Claim?

If you or your child sustained injuries following a traumatic birth, you may want to start a medical negligence claim to be compensated for the suffering this has caused. However, you may have many questions regarding the financial impact this may have on you.

Many people believe you must pay extensive fees when making a claim. However, with Legal Expert, you can get free legal advice when contacting us about the details of your medical negligence.

If your advisors determine that you meet the claims eligibility criteria, our solicitors may help you claim compensation on a No Win No Fee basis. Therefore, you do not need to worry about the cost of legal representation with our solicitors.

What Is A No Win No Fee Arrangement?

Our medical negligence solicitors operate on a No Win No Fee basis. They provide their No Win No Fee services under a Conditional Fee Agreement (CFA). This contract determines the financial side of legal representation and may benefit you in many ways.

If the claim has a successful outcome, your solicitor will take their success fee out of your compensation. This is a small percentage that is subject to a legislative cap. On the other hand, if your claim is unsuccessful, you are not asked to pay our solicitors for the work they have completed on your claim.

Contact our helpful advisors for more information on No Win No Fee claims or to start yours today.

How Can Legal Expert Help?

If you want to claim compensation for suffering caused by birth trauma, our solicitors at Legal Expert wish to help you if you are eligible to make a claim. Our solicitors may help you by:

• Walking you through the birth injury claims process and providing independent legal advice
• Explaining key legal terminology and documents
• Explain birth injury compensation
• Helping you obtain evidence and using this to build your case
• Contacting third parties and negotiating settlements on your behalf

Get In Touch Today

To start your claim today, get in touch with our helpful advisors by:

• Visiting our contact page 
• Giving our advisors a call on 0800 073 8804
• Message our advisors on our live chat 

More Information On Medical Negligence Claims

Visit the links below to learn more about medical negligence claims:

• Learn how to make a medical negligence complaint 
• Information on proving medical negligence 
• Information on claiming against the NHS

References:

• Information on feedback and complaints about NHS services, NHS.COM
• Information on maternity pay and leave from Gov.UK
• Access to the NHS health and safety policy, NHS.COM

We appreciate you finding the time to read this guide that explains how to sue the NHS for birth trauma.