Author Archives: Patrick Mallon

About Patrick Mallon

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

A Guide To Factory Accident Claims

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.

A colleague kneels over a warehouse worker laying on the floor.

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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 trainingInadequate 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:

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.

A factory worker has sustained a hand injury.

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.

InjurySeverityCompensation Guideline
Multiple, serious injuriesSerious or severeUp to £1,000,000+ with special damages.
Brain damageA - very severe£344,150 to £493,000
Paralysis injuriesB - paraplegia£267,340 to £346,890
Deafness/ tinnitusB - total deafness£110,750 to £133,810
Neck injuryA - severe - (ii)£80,240 to £159,770
Back injuryA - severe (ii)£90,510 to £107,910
Injuries to elbowA - severe, disabling£47,810 to £66,920
Wrist injuryB - resulting in permanent disability£29,900 to £47,810
Shoulder injuryB - serious£15,580 to £23,430
Hip injuryC - Lesser injuries (i)£4,820 to £15,370

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

How Can Compensation Help Me?

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

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

  • 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.

A factory worker uses specialist tools.

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.

A worker drives a lift truck in a warehouse.

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.

A solicitor explains how factory accident claims work

Learn More/More Information

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

Here we have included helpful external references.

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.

Can I Sue The NHS For Birth Trauma?

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:

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  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:

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.

Woman lying in hospital bed after medical negligence caused trauma birth injury

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.

Injury Compensation Guideline
Multiple Severe Injuries and Significant Financial LossesUp to £25 million or more
Very Severe Brain Damage£344,150 to £493,000
Moderate Brain Damage (i)£183,190 £267,340
Paraplegia£267,340 to £346,890
Female Reproductive Injuries (a)£140,210 to £207,260
Severe PTSD£73,050 to £122,850
Moderate PTSD£9,980 to £28,250
Serious Shoulder Injuries£15,580 to £23,430
Noticeable Laceration Scars or One Disfiguring Scar £9,560 to £27,740
Fractures to Tibia or Fibula or Soft Tissue InjuriesUp to £14,450

Does Medical Negligence Compensation Cover Financial Losses?

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

Some examples of financial losses include:

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

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

  • Payslips
  • Medical bills
  • Receipts

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

New born baby in hospital after a traumatic birth procedure caused by medical negligence

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:

Medical negligence solicitor and client discussing birth injury compensation claims

More Information On Medical Negligence Claims

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

References:

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

Everything You Need To Know About Wrongful Death Claims

Last Updated On 2nd of May 2025. Dealing with the death of a loved one can be devastating. It can be especially hard to come to terms with their death if it was due to someone else’s negligence. In our guide to wrongful death claims, we provide you with the essential information on how to make a claim. We explain your legal rights, guide you through the claims process and show how a specialist No Win No Fee solicitor could help you.

Key Takeaways

  • Certain relatives or the estate could claim for the death of a loved one.
  • To claim for a wrongful death, you must prove that another party had relative responsibility for your loved one’s safety and that the other party’s actions or inactions caused the fatal injuries.
  • Compensation amounts may take the deceased’s pain and suffering into account as well as the financial and emotional impact on their loved ones.
  • Claimants must provide sufficient evidence to show that a wrongful death has taken place.
  • A specialist No Win No Fee solicitor solicitor could provide help and support at this difficult time.

Please contact Legal Expert today for more information on how to claim or to work with a solicitor:

A person has died in a wrongful death at work.

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Understanding Wrongful Death

A ‘wrongful death’ is used to describe circumstances in which a person dies due to a third party’s wrongdoing or negligence. In such instances, the person’s death may have been prevented if a third party had taken reasonable precautions or paid due care and attention.

As we will explore through this guide, a wrongful death could occur in a variety of different situations. These could include accidents at work or in public places, road traffic accidents or may even be caused by negligent medical care. No matter which of these circumstances the death occurred in, the common factor is that the death was preventable.

A wrongful death claim is a way for family members or the estate to seek compensation following the death of a loved one. It may also help to hold the liable party accountable for the death.

Who Can Make A Wrongful Death Claim?

Wrongful death claims may be brought by either the estate of the deceased or by close family members of the deceased.

Under the Law Reform and Miscellaneous Provisions Act 1934 (LRMP), in the immediate six months following the person’s death, claims may only be made by the deceased estate.

If no claim is made by the estate during this time, qualifying relatives may make a claim under the Fatal Accidents Act 1976 (FAA). Those who could bring a claim include:

  • A current or former spouse, such as a wife, husband or civil partner.
  • Someone who lived with the deceased as a spouse for two years prior to their death.
  • A parent or other person treated as a parent.
  • A child or other descendant of the deceased. This may include those treated as a child through marriage, such as stepchildren.

To claim compensation, you must show that you were financially dependent on the deceased. You must show that their death has caused you financial hardship. Later in this guide, we will explore what losses you could be compensated for.

Please note that wrongful death claims may only be brought by one of these parties. For example, if the estate of the deceased has made a claim, family members could not subsequently do so.

A person has had a fatal road accident.

Examples Of Wrongful Death

There are many different circumstances in which fatal accidents could occur. In the following sections we look at the different types of accidents which could lead to a wrongful death.

Fatal Workplace Accidents

Whilst workplaces have become safer over time, fatal accidents do still occur. 138 workers died in workplaces accidents in 2023/24. This is according to the Health and Safety Executive (HSE), Britain’s regulator for workplace safety. At work your employer has a duty of care to take reasonable and practicable steps to ensure your safety, complying with relevant workplace safety legislation, such as The Health and Safety At Work etc. Act 1974.

A worker on a construction site could fall from scaffolding due to an employer failing to provide proper safety equipment, such as guardrails and harnesses. Falling from a height could lead to a fatal injury.

Road Traffic Accidents

Reported road casualties for the UK show that in 2023, there were 1,624 fatalities on Britain’s roads. All road users have a duty of care towards each other. They must use the roads in a way which is safe and which prevents the risk of them or others being harmed. The Road Traffic Act 1988 and The Highway Code set out rules that road users must adhere to.

A fatal car accident involving a pedestrian could be caused by a speeding driver. They may fail to pay attention to traffic signals, such as a red light at a pedestrian crossing, and strike a pedestrian crossing the road, killing them.

Public Place Accidents

Parties in control of public places may be referred to as the occupier. Under the Occupiers’ Liability Act 1957, they have a duty to ensure that the space is reasonably safe for members of the public to use.

A customer could slip on an unmarked wet floor at the top of a staircase in a shopping centre, falling down the stairs. The fall could cause a combination of severe head and spinal injuries leading to the person’s death. Family members could sue the shop for compensation.

Medical Negligence

Healthcare and medical professionals all have a duty to ensure that the care they provide to patients meets expected standards. The failure to do so may cause avoidable harm to a patient and even lead to their death. In such instances, people could make fatal medical negligence claims.

A surgeon may make a surgical error during an operation, such as by leaving a surgical implement inside a patient. This may cause severe complications, such as an infection or severe internal damage, leading to the person wrongfully dying.

A patient undergoes surgery, but the medical team leaves a surgical instrument inside the patient’s body. The patient suffers severe complications and ultimately passes away due to this error. The patient’s family could claim compensation for the wrongful death caused by medical negligence.

Compensation In Fatal Accident Claims

How much compensation may be awarded could depend on the pain and suffering of the deceased prior to their death as well as family members’ financial losses.

In the table below we look at how much compensation may be awarded for a wrongful death compensation claim. Here we have taken figures from the Judicial College Guidelines (JCG). This is a resource which legal professionals may consult whilst estimating wrongful death settlements.

Type Of HarmSeverityDamages Guideline
Death with add on claims.Wrongful deathUp to £550,000 and over.
ParalysisA - Quadriplegia£396,140 to £493,000
ParalysisB - Paraplegia£267,340 to £346,890
Brain damageA - Very severe£344,150 to £493,000
Injuries resulting in deathA - With full awareness£15,300 to £29,060

We must note that such figures are presented only as a guideline. How much you could be awarded may differ. Please also note that the top entry is not taken from the JCG.

What Else Can I Claim For?

In addition to compensation for the deceased’s pain and suffering, qualifying family members may also claim compensation for

  • Funeral costs and expenses.
  • Financial dependency – this may cover the financial contribution made by the deceased towards the family’s income.
  • Loss of consortium – this compensates for the loss of a special person. It tries to take account of losses which can not be quantified financially.
  • Loss of services – this is a broad category. It may include help with childcare or domestic tasks, such as DIY. This may cover both past and future losses.

Further to compensation through wrongful death claims, you may also be entitled to the Statutory Bereavement Award. This is a fixed award of £15,120. The amount is set in Section 1A of the FAA and may be reclaimed by the husband, wife or parent of an unmarried minor.

Please remember that all wrongful death negligence claims are individually assessed and calculated. If you are eligible, one of our wrongful death solicitors could assess your claim.A person lays on a hospital bed.

Time Limits When Claiming Compensation

To claim for a wrongful death you must do so within the applicable limitation period. Typically, this is taken from the date on which the person died and lasts for three years. If the fatal injury was only later connected with negligence, such as at an inquest, the time limit will begin from this date.

We should again highlight that during the first six months following a wrongful death, only the estate of the deceased may bring a claim. Get in touch with us to discuss the time limit which applies to wrongful death claims.

How Long Does A Wrongful Death Claim Take?

There isn’t any set time frame for how long wrongful death claims take from the filing to settlement. This is due to the variables between claims. A straightforward case of negligence would typically settle before a more complex case.

For example, if your loved one was hit at a pedestrian crossing by a drunk driver who failed to stop but was later found on that same road, crashed into a tree and your loved one died at the scene, this would be relatively straightforward with clear liability for the injuries suffered. However, if the liability was not certain, then the claim could enter negotiations or require further evidence.

Other factors that can affect how long a claim for wrongful death include:

  • Evidence strength.
  • Injuries suffered prior to death.
  • Disputed liability.
  • Investigations. For example, if the police or the Health and Safety Executive (HSE) need to investigate the circumstances of the death.
  • Settlement negotiations. For example, the dependents may want to ensure that the items they relied on financially, such as the deceased being responsible for paying the mortgage, are compensated for.

If one of our wrongful death lawyers supports the fatal injury claim, they can further advise you on how long it may take. Please get in touch with one of the advisors from our team. They can discuss wrongful death claims and the factors that influence how long it can take to settle based on the circumstances surrounding the individual case.

How To Prove A Wrongful Death Claim

Those submitting wrongful death negligence claims must ensure that they gather enough evidence to show that another party was liable for their loved ones’ pain, suffering and death.

Types of evidence:

  • The findings of an inquest or a Coroner’s report.
  • Details of those who witnessed the fatal accident.
  • Photo or video records of the accident taking place, or of the scene of the accident. This may include CCTV footage or photographs of the scene of an accident.
  • Medical records of the deceased.

Please contact our team of advisors if you have any questions about what proof or evidence could help to support your claim.

Why Make A Claim With Us?

At Legal Expert our solicitors are experts at handling wrongful death claims. They could assess the case, help you to collect evidence and assist in building it. They could also help to ensure that your case is properly handled. They will also keep you informed of any updates as the claim progresses.

What’s more, they could do so on a No Win No Fee basis using a Conditional Fee Agreement (CFA).

What Is A Conditional Fee Agreement?

A Conditional Fee Agreement is a way for a solicitor to take your case on, without you having to make any upfront payments for their work. You typically also wouldn’t be asked to make any payments for their services whilst the claim is ongoing.

In addition to these benefits, you wouldn’t be asked to pay for their services if your claim doesn’t succeed. If you do win your compensation claim, you would be charged a success fee. This fee is a legally capped percentage of your compensation. This leaves you with the majority of your settlement.

A solicitor works on wrongful death claims.

Learn More

Below you can find additional information on how wrongful death solicitors could help you.

Resources

In our guide we have provided everything you need to know about wrongful death claims. Please contact our team if you would like to discuss your case or get help from one of our solicitors.

How To Claim Compensation For An Ovarian Cancer Misdiagnosis

Whether you were treated by the NHS or a private hospital, you should never be left suffering as a result of substandard care. In this guide, we’ll explain everything that you need to know about claiming compensation for ovarian cancer misdiagnosis, and how our expert solicitors could help.

Key Takeaways In Ovarian Cancer Misdiagnosis Claims

  • Ovarian cancer is the 6th most common cancer among women in the UK
  • Ovarian cancer can be misdiagnosed as gallstones, IBS, or heavy menstrual periods
  • You need to start your claim within three years of the medical negligence taking place
  • Medical negligence can occur within the NHS and in the private sector
  • You could work with an expert solicitor under a No Win No Fee agreement

Our team of advisors are here to help. They can answer any questions you may have about the cancer misdiagnosis claims process, get in touch today by:

A woman suffering from ovarian cancer symptoms such as abdominal pain lays in a hospital bad

Select A Section

  1. Can I Make A Claim For Ovarian Cancer Misdiagnosis Claim?
  2. What Is Ovarian Cancer?
  3. Common Causes Of Ovarian Cancer Misdiagnosis
  4. What Could Ovarian Cancer Be Misdiagnosed As?
  5. How Much Compensation Could You Get For Medical Negligence?
  6. Time Limits In Cancer Misdiagnosis Claims
  7. Funding Options In Ovarian Cancer Misdiagnosis Claims
  8. More Information

Can I Make A Claim For Ovarian Cancer Misdiagnosis Claim?

To be eligible to claim ovarian cancer misdiagnosis compensation, you need to be able to establish medical negligence. To explain what medical negligence is, we first need to talk about duty of care.

When you receive treatment from a medical professional, they immediately owe you a duty of care. This means that the care you receive must meet a minimum standard. This duty of care applies to all medical professionals, but different disciplines may need to follow different steps.

For example, the General Medical Council (GMC) sets out professional standards for registered doctors, and the Nursing and Midwifery Council (NMC)  discusses professional standards for nurses and midwives. While these may include different steps, the duty of care remains the same, and they all must provide treatment that meets the minimum standard.

Medical negligence occurs when:

  • A medical professional owes you a duty of care
  • They breach this duty
  • You suffer unnecessary harm as a result

Harm can be unavoidable in some medical settings. For example, if you have cancer and need chemotherapy to recover, you wouldn’t be able to claim for the side effects of this treatment. This is because the harm is necessary to aid your recovery.

Our advisors can tell you whether or not you could have a valid ovarian cancer misdiagnosis claim when you get in touch.

What Is Ovarian Cancer?

Ovarian cancer happens when there are abnormal cells in the ovaries, and these grow uncontrollably into the surrounding tissue and organs. It can also spread throughout the body to other organs.

How Common Is Ovarian Cancer?

Ovarian cancer can affect anyone with ovaries, though the risk of developing it grows the older you get, with risk peaking between 75 and 79-year-olds. According to statistics published by Cancer Research UK, around 7,500 women are diagnosed with ovarian cancer every year in the UK. This makes it the 6th most common cancer in women.

Common Causes Of Ovarian Cancer Misdiagnosis

So, how could medical negligence result in an ovarian cancer misdiagnosis? Some examples of how this could occur can include:

  • You visit your GP surgery, showing clear symptoms of ovarian cancer. However, instead of ordering more tests, your doctor tells you it’s just period pain and sends you home. This delays your treatment and causes it to spread, making your symptoms worse.
  • A doctor misreads your test results that clearly show the presence of cancerous tumours in your ovaries, and they diagnose you with kidney stones instead. This allows the cancer to spread past the point of effective treatment.
  • When you express your concerns to your doctor, they tell you you are too young to have cancer, and misdiagnose you with PCOS without fully listening to your symptoms. This not only causes physical harm, but also affects your mental health.

If you can’t see what happened to you reflected in these examples, you may still be able to claim. Contact our team today to learn more.

A woman with epithelial ovarian cancer suffers a delayed diagnosis in the early stages, and gest treatment from a doctor

What Could Ovarian Cancer Be Misdiagnosed As?

Ovarian cancer can be misdiagnosed as a number of different illnesses and conditions, including:

  • Poly-Cystic Ovarian Syndrome (PCOS)
  • Endometriosis
  • Irritable Bowel Syndrome (IBS)
  • Gallstones
  • Kidney stones
  • Period pain

If you were harmed because your ovarian cancer was misdiagnosed as something else, contact our team of advisors today.

How Much Compensation Could You Get For Medical Negligence?

If you make a successful cancer misdiagnosis claim, then you will receive general damages. This is one of two potential heads of claim that can make up your medical negligence compensation.

General damages provide compensation for the pain and suffering you’ve endured as a result of medical negligence. This includes both the physical and mental effects of the misdiagnosis, but it also includes loss of amenity, which essentially means the effect it has had on your quality of life.

When this head of claim is calculated, the Judicial College Guidelines can be used to help. This document lists common injuries and illnesses beside guideline compensation brackets.

The table below contains some examples of JCG brackets alongside the top figure, which isn’t from the JCG.

InjuryCompensation Bracket
Severe harm and financial losses, like lost earnings or the cost of mobility aidsUp to £1,000,000+
Severe Psychiatric Damage£66,920 to £141,240
Severe PTSD£73,050 to £122,850
Female Reproductive Injuries (a)£140,210 to £207,260
Female Reproductive Injuries (b)£52,490 to £124,620
Female Reproductive Injuries (c)£68,440 to £87,070
Female Reproductive Injuries (d)£21,920 to £44,840
Female Reproductive Injuries (e)£8,060 to £22,800
Mental Anguish£5,700

What Are Special Damages?

Special damages cover the financial losses that the misdiagnosis has caused you. Some examples of financial losses caused by ovarian cancer misdiagnosis can include the cost of:

  • Lost earnings
  • Childcare
  • Travel to and from appointments
  • Private healthcare to avoid NHS waiting times
  • Prescriptions
  • Home adjustments
  • Mobility aids

To prove these losses, you can keep records of what you spend and save any relevant receipts, bank statements, or invoices.

Contact our team today if you’d like to learn more about compensation in cancer misdiagnosis claims, or keep reading for more information.

An ovarian cancer compensation calculator

Time Limits In Cancer Misdiagnosis Claims 

To make a valid claim, you need to make sure that you start proceedings within the time limit. This is generally three years, starting on the date that you were misdiagnosed, as per the Limitation Act 1980.

Alternatively, this time limit could begin on the date you first became aware that the harm you suffered was caused by a medical professional breaching their duty of care. This is often referred to as the date of knowledge.

However, you may still be able to claim if you fall outside of this time limit. There are some exceptions to the rule, which apply to:

  • Under eighteens: While under the age of eighteen, you can’t claim for yourself. However, a litigation friend can make a claim on your behalf at any time up until you turn eighteen. If a litigation friend doesn’t start proceedings, you can make your own claim between your eighteenth and twenty-first birthdays.
  • Those lacking the needed mental capacity: For those who lack the mental capacity needed to make a medical negligence claim, the time limit doesn’t apply, and a litigation friend can start proceedings at any time.

If you’d like to learn more about time limits in ovarian cancer misdiagnosis claims, contact our team today.

Funding Options In Ovarian Cancer Misdiagnosis Claims

Many people think that making a claim with a legal expert is expensive, but it doesn’t have to be. Our expert medical negligence solicitors all work under the terms of a Conditional Fee Agreement (CFA), which means that they can help you:

  • Collect evidence to prove your claim
  • Communicate with the defendant
  • Negotiate a settlement
  • Understand each step as it happens
  • File your claim within the time limit

All without asking for upfront or ongoing payment for their services. Under this type of No Win No Fee arrangement, your solicitor will only take a success fee if you make a successful claim. This fee is a small percentage of your compensation, which is capped by law and taken directly from what you receive.

Contact Us

To find out if one of our expert No Win No Fee solicitors could help you make an ovarian cancer misdiagnosis claim, contact us today by:

A breast and ovarian cancer diagnosis solicitor discusses claims against healthcare providers

More Information

To learn more about making a medical negligence claim:

Or, to find more resources:

Thank you for reading our guide on making ovarian cancer misdiagnosis compensation claims.

Learn How Much Compensation For Losing A Leg You Could Receive

Losing a leg either traumatically in an accident or surgically following an accident due to the extent of your injuries can be devasting. You may be unable to participate in previous hobbies or return to work, leading to emotional distress and financial losses. Therefore, you may be wondering, ‘How much compensation for losing a leg could I claim?’. In this guide, we discuss when you could make a claim for personal injury compensation.

Key Takeaways In Leg Amputation Claims

  • Your compensation can depend on the placement of the amputation, the success of prosthetics, and psychological effects
  • If you can prove that you lost your leg as a result of the negligent actions of another, then you may be able to make a personal injury claim
  • Losing a leg can have a severe mental, physical, and financial impact
  • You could potentially make a claim on someone else’s behalf by acting as a litigation friend
  • A No Win No Fee solicitor could help you make a leg amputation claim

Keep reading to learn more, or get in touch with a member of our helpful team to get started by:

A surgeon removing a limb after a serious accident

Select A Section

  1. How Much Compensation For Losing A Leg?
  2. Who Can Make Leg Amputation Claims?
  3. How Could Someone Lose A Leg?
  4. What Evidence Do You Need When Claiming Leg Amputation Compensation?
  5. The Impacts Of Leg Amputation
  6. Claiming On Behalf Of Someone Else
  7. Why Work With Legal Expert On Your Claim?
  8. More Information

How Much Compensation For Losing A Leg?

A common question that we receive is, “How much compensation could I get for losing a leg?” This can be a difficult question to answer, because the amount that you could receive is affected by factors such as:

  • How much evidence you have to support your claim
  • The level of amputation and disability
  • Whether you have success with prosthetics
  • Whether the other party accepts liability for your injuries
  • The way your injury has affected you financially

Because these circumstances can determine how much you receive, every payout is different. But all successful claims will result in general damages. This is one of two different types of compensation that come together to form your final payout.

General damages address the pain and suffering caused by your injuries, as well as loss of amenity. This means it takes into account the way the amputation has affected your ability to enjoy your life and hobbies.

When professionals value this head of your claim, they might use the Judicial College Guidelines (JCG), which is a document that contains a list of injuries and illnesses, including leg amputations, alongside guideline brackets of compensation.

In the list below, you can find some examples of these brackets that could be relevant to a leg amputation claim. However, please be aware that these are not guaranteed, and that the first entry is not from the JCG.

  • Multiple severe injuries with special damages – for financial losses such as lost earnings and medical costs – Up to £1,00,000+
  • Loss of both Legs – either both lost above the knee or one above and one below – £292,850 to £344,150
  • Below-knee amputation of both legs – factors such as associated psychological issues and phantom pains will impact the amount awarded – £245,900 to £329,620
  • Above-knee amputation of one leg – the level of amputation and any issues with the remaining stump will impact the compensation awarded – £127,930 to £167,760
  • Below-knee amputation of one leg – traumatic amputations from an accident are applicable to the higher end of this bracket – £119,570 to £162,290
  • Severe psychiatric damage – the prognosis, future vulnerability and effect on relationships will be taken into consideration – £66,920 to £141,240
  • Severe Post-traumatic stress disorder – permanent effects will prevent the person from functioning as they did pre-trauma – £73,050 to £122,850

Special Damages

Special damages are the second type of compensation that you could potentially receive. Losing a leg can have a significant impact on your finances, from paying for prosthetics to the cost of future medical treatments.

In some cases, you may able to claim these losses back under special damages, as well as the cost of:

  • Childcare
  • Lost wages
  • Prescriptions
  • Home adjustments
  • Mobility aids
  • Counselling

Evidence needs to be provided to be able to claim special damage for these costs. This could include payslips, invoices and bank statements.

To learn more about how much compensation for losing a leg you could potentially receive, contact our team today.

Who Can Make Leg Amputation Claims?

Now that we have discussed how much compensation for losing a leg you could potentially receive, you need to know when you could be eligible to make leg amputation claims. To form the basis of a valid claim, you need to be able to prove that negligence has occurred. In terms of personal injury law, negligence means that:

  • Someone else owed you a duty of care
  • This duty was breached
  • You were harmed as a result

Negligence can happen anywhere, from the workplace to a supermarket, as long as someone else owes you a duty of care. But what does this mean?

  • When you’re at work, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to keep you safe, as per the Health and Safety at Work etc. Act 1974 (HASAWA).
  • While in public, whoever is in control of that space owes you a duty of care. This means that they need to take all practicable steps to ensure your reasonable safety while you’re visiting the premises, as per the Occupiers’ Liability Act 1957.
  • All road users owe and are owed a duty of care. This applies to anyone using the roads, and it means that they need to prevent causing harm or damage. They must also adhere to the Road Traffic Act 1988 and the Highway Code,

Keep reading to see some examples of how a duty of care could be breached. Or, to find out how much compensation for losing a leg you could receive, contact our team today.

How Could Someone Lose A Leg?

Now we’ve explained what a duty of care is, let’s look at some examples of how a breach in this duty could lead to losing a leg.

  • At work: If you work with heavy machinery, it’s your employer’s responsibility to ensure that this is properly maintained. If your employer asks you to work with a piece of machinery that they know is defective or broken, and this results in you losing a leg, then you may be able to make a claim.
  • In public: A balcony railing in a public shopping center is broken. Management know this, but they do not attempt to have it fixed or signpost the danger to the public. This causes a shopper to fall through it, fracturing their leg so severely it must be amputated.
  • On the roads: While using a zebra crossing as a pedestrian, a car drives through a red light and hits you. This results in both of your legs being amputated.

The examples above are only a few ways in which negligence can occur. To find out if you have a valid personal injury claim, contact our team of advisors today.

What Evidence Do You Need When Claiming Leg Amputation Compensation?

The evidence you’ll need when claiming leg amputation compensation should not only prove that a third party was responsible for your injuries, but also show the extent of the harm caused. This will help solicitors determine a potential compensation payout.

Evidence examples can include:

  • Medical records showing what injuries were sustained and the details of any treatment.
  • If available, you can request CCTV footage of the incident taking place. For a road traffic accident, it may be possible to get footage from any dash cam devices.
  • Get someone to photograph the scene of the accident, what caused it and your injuries.
  • For an accident at work, take a copy of the incident report from the workplace accident book.
  • Other documents such as records of training and maintenance tasks could also be obtained.
  • Any persons who saw the incident occur could provide a witness statement. Make sure you pass on their up to date contact information, with their permission of course, to the solicitor so they can be interviewed during the claim.

Our solicitors can assist you with collecting supporting evidence. To find out if you are eligible to work with one of our solicitors, or to ask our advisors how much compensation for losing a leg you could receive, call the number below today.

A nurse wrapping gauze around an amputee's leg

The Impacts Of Leg Amputation

Losing a leg can have a severe impact on your physical and mental health, but it can also impact your finances. For example, leg amputation can lead to:

  • Mental health struggles, including post-traumatic stress disorder (PTSD), anxiety, and depression
  • Phantom pains
  • Joint problems
  • Scarring
  • Out-of-pocket financial losses, for example, lost wages and the cost of prosthetic limbs

What Is An Interim Payment?

In cases where your claim has a high chance of succeeding, you may be able to apply for an interim payment. These are used to help those who have immediate expenses caused by their injuries by providing a percentage of the expected compensation upfront. Then, when the claim is resolved, the amount received as an interim payment is deducted from the final amount.

If you think you could be eligible for an interim payment, or if you’d like to learn more, get in touch with one of our advisors today.

Claiming On Behalf Of Someone Else

You might be wondering if you could make a loss of leg claim on behalf of someone else. In some cases, you may be able to claim on a loved one’s behalf as a litigation friend.

To act as a litigation friend, you need to be approved by the court. Then, it would be your responsibility to:

  • Act in the claimant’s best interests
  • Make all efforts to make the claimant aware of what’s happening, and find out how they feel about the proceedings
  • Communicate with and work with their solicitor

When Can You Claim For Someone Else?

You can act as a litigation for someone who:

  • Is under the age of eighteen, up until their eighteenth birthday
  • Lacks the needed mental capacity to claim for themselves

To find out if you could act as a litigation friend for someone else, contact our team of advisors today. Or, keep reading to learn more about making a leg amputation claim.

An amputee in gauze after losing a limb

Why Work With Legal Expert On Your Claim?

We understand that the personal injury claims process can seem difficult, and that legal terminology can be overwhelming. However, you don’t need to go through the claims process alone; many people choose to make their claim with the help of a solicitor.

At Legal Expert, our solicitors have many years of experience in personal injury law. They can help you with every aspect of your claim, including:

  • Negotiating a settlement
  • Ensuring your claim is filed within the time limit
  • Gathering evidence to prove your claim
  • Communicating with the defendant
  • Arranging an independent medical assessment
  • Going to court, if this becomes necessary

And they can do all of this without taking any upfront or ongoing payments for their work. This is because our solicitors work on a No Win No Fee basis, and work with clients under a Conditional Fee Agreement. Under a CFA, you don’t need to pay anything for their work, and only pay a success fee if your claim succeeds. This fee is a small, legally-capped percentage of your compensation.

Contact Our Team

If you’d like to learn more about how much compensation for losing a leg you could potentially receive, or if you’d like to find out how our solicitors could help you, get in touch today by:

A solicitor discussing how much compensation for losing a leg their client could receive

More Information

For more helpful personal injury guides:

Or, to find further resources:

Thank you for reading our guide. We hope we’ve answered the question, “How much compensation for losing a leg could I receive?”

Our Research Into Drink-Driving Offences

The latest data released by the Department for Transport in 2024 revealed that UK drink-driving deaths have hit a 13-year-high.

There were an estimated 300 deaths where at least one driver was over the legal blood-alcohol limit in 2022, the latest year for which official figures are available. This is the highest annual figure since 2009. 

The number is 16 per cent higher than in 2021 and means drink-drive fatalities accounted for about 18 per cent of all deaths, bucking the general long-term trend for safer roads and more responsible driving.

Legal Expert’s Road Traffic Accident Specialist, Tracy Chick says: “It is deeply concerning that drink-drive-related deaths have reached their highest level since 2009. Anyone who drinks and drives is putting the lives of all road users at risk.

“The impact of drink-driving can be devastating not only for victims who have been killed or suffered life-changing injuries but also for the drivers facing serious legal consequences – it is such an avoidable offence and there is no excuse for drinking and getting behind the wheel.

“Throughout my legal career, I have worked with victims and families of drink-driving collisions and the impact is immense. Thankfully, I’ve been able to bring even a small comfort by securing them the compensation they deserve to help to start to rebuild their lives.”

How Legal Expert Can Help

Here at Legal Expert, we specialise in road traffic accident claims and have significant experience in cases involving drunk drivers. If you’d like free advice on your case, get in touch with us today. We provide a consultation where you can get guidance on your situation and your rights.

Drunk young man with a beard with a bottle of beer in his hand behind the wheel of a car. Emergency situation, violation of law, drunk driving

Get Help With Claiming Compensation For Drunk Driving Accidents

If you’ve been involved in a car accident with a drunk driver, then you could claim compensation for any injuries and damage to your property.

We’ve compiled a comprehensive guide on drunk driving accident compensation claims, which you can view here.

You can also contact us for free legal advice by calling us on the number at the top of this page.

How We Conducted Our Research Into Drink Driving Offences

Following an influx of inquiries from victims of drink-driving collisions from across the UK, Legal Expert set out to investigate to the extent of the issue and to find the most prevelant areas for drink-driving offences in the UK.

We sent out Freedom of Information Requests to every UK Police Force asking for the number of drink-driving offences recorded in the last three years (between December 1st – November 31st, 2021/22, 2022/23 and 2023/24).

We also asked of those, how many drivers were charged.

For the last year alone, 2023/24, we also asked for the age and gender of the suspect and the areas in which the offence took place.

See below for the results in your area.

The Results Of Our Research Into Drink-Driving

National Findings

UK's 10 Drink-driving hotspots Infographic

UK’s 10 Drink-driving hotspots

Avon and Somerset Police

Drink_Driving Offences Avon & Somerset Infographic Statistics

Avon & Somerset Police

No. of drink-driving offences (between 2021-2024) | 6,151

No. of charges | 3,400 (55%)

Most Common Age Group | 16-35 (48%)

Gender | Male 82%

Bedfordshire Police

Drink-Driving Offences Bedfordshire Infographic Statistics

Bedfordshire Police

No. of drink-driving arrests (between 2021-2024) | 1,763

No. of charges | 1,102 (63%)

For 2023/24:

Most Common Age Group | 16-35 48%

Gender | Female (88) | Male (426) 83%

Cambridgeshire Police

Drink-Driving Offences Cambridgeshire Infographic Statistics

Cambridgeshire Police

No. of drink-driving arrests (between 2021-2024) | 1,881

No. of charges | 1,203 (64%)

Most Common Age Group | 31-40 32%

Gender | Female (288) | Male (1584) 84%

Cheshire Constabulary

Drink-Driving Arrests Cheshire infographic Statistics

Cheshire Police

No. of drink-driving arrests (between 2021-2024) | 3,160

No. of charges | 2,543 (80%)

Most Common Age Group | 26-35 (28%)

Gender | Female (199) | Male (751) 79%

Cheshire Drink-driving hotspots

Cheshire Drink-driving hotspots

Cleveland Police

Drink-Driving Offences Cleveland Infographic Statistics

Cleveland Police

No. of drink-driving arrests (between 2021-2024) | 1,736

No. of charges | 823 (47%)

For 2023/24: 

Most Common Age Group | 31-40 (33%)

Gender | Female (128) | Male (463) 78%

Cleveland Drink-driving hotspots

Cleveland Drink-driving hotspots

Cumbria Constabulary

Drink-Driving Arrests Cumbria infographic Statistics

Cumbria Police

No. of drink-driving arrests (between 2021-2024) | 1,620

No. of charges | 1,214 (75%)

For 2023/24: 

Most Common Age Group | 30-49 (50%)

Gender | Female (126) | Male (395) 76%

Devon and Cornwall

Devon & Cornwall Police

No. of drink-driving arrests (between 2021-2024) | 7,497

No. of charges | 4,703 (63%)

For 2023/24: 

Most Common Age Group | 25-34

Gender | Female (593) | Male (2,232) 78%

Devon & Cornwall DrinkDrug-driving hotspots

Dorset Police

Drink-Driving Offences Dorset Infographic Statistics

Dorset Police

No. of drink-driving arrests (between 2021-2024) | 1,752

No. of charges | 1,494 (75%)

For 2023/24:

Most Common Age Group | 25-34 (21%)

Gender | Female (90) | Male (463) 78%

Dorset Drink-driving hotspots

Dorset Drink-driving hotspots

Durham Constabulary

Drink-Driving Arrests Durham infographic Statistics

Durham Police

No. of drink-driving arrests (between 2021-2024) | 1,951

No. of charges | 1,172 (60%)

For 2023/24:

Most Common Age Group | 30-39 (47%)

Gender | Female (153) | Male (464) 75%

Essex Police

Drink-Driving Arrests Essex infographic Statistics

Essex Police

No. of drink-driving arrests (between 2021-2024) | 4,623

No. of charges | 3,071 (66%)

For 2023/24:

Most Common Age Group | 31-35 (16%)

Gender | Female (295) | Male (1,198) 80%

Essex Drink-driving hotspots

Essex Drink-driving hotspots

Gloucestershire Constabulary

Drink-Driving Arrests Gloucestershire infographic Statistics

Gloucestershire Police

No. of drink-driving offences (between 2021-2024) | 1,604

No. of charges | 1,172

For 2023/24:

Most Common Age Group | 30-49 (49%)

Gender | Female (106) | Male (519) 80%

Gwent Police

Drink-Driving Arrests Gwent infographic Statistics

Gwent Police

No. of drink-driving offences (between 2021-2024) | 2,008

No. of charges | 1,225 (61%)

For 2023/24:

Most Common Age Group | 26-35 (33%)

Gender | Female (69) | Male (545) 84%

Gwent Drink-driving hotspots

Gwent Drink-driving hotspots

Hertfordshire Police

Hertfordshire Police

Hertfordshire Police

No. of drink-driving offences (between 2021-2024) | 2,621

For 2023/24:

Most Common Age Group | 25-34 (32%)

Gender | Female (115) | Male (478) 81%

Hertfordshire Drink-driving hotspots

Hertfordshire Drink-driving hotspots

Lancashire Constabulary

Lancashire Police

Lancashire Police

No. of drink-driving offences (between 2021-2024) | 4,948

For 2023/24:

Most Common Age Group | 31-40 (32%)

Gender | Female (985) | Male (3937) 80%

Lancashire Drink-driving hotspots

Lancashire Drink-driving hotspots

Lincolnshire Police

Lincolnshire Police

Lincolnshire Police

No. of drink-driving offences (between 2021-2024) | 2,488

No. of charges | 1,878 (75%)

For 2023/24:

Most Common Age Group | 46-55 (42%)

Gender | Female (133) | Male (638) 81%

Lincolnshire Drink-driving hotspots

Lincolnshire Drink-driving hotspots

Norfolk Police

Norfolk Police

Norfolk Police

No. of drink-driving offences (between 2021-2024) | 2,835

No. of charges | 1,752 (62%)

For 2023/24:

Most Common Age Group | 26-35 (30%)

Gender | Female (178) | Male (680) 79%

Northern Ireland (PSNI)

Drink-Driving Arrests Northern Ireland infographic Statistics

Northern Ireland PSNI

No. of drink-driving arrests (between 2021-2024) | 9,413

No. of charges | 7,805 (83%)

For 2023/24:

Most Common Age Group | 30-49 (55%)

Gender | Female (494) | Male (2080) 81%

Northern Ireland Drink-driving hotspots

Northern Ireland Drink-driving hotspots

Northamptonshire Police

Northamptonshire Police

Northamptonshire Police

No. of drink-driving arrests (between 2021-2024) | 2,936

No. of charges | 2,221 (76%)

For 2023/24:

Most Common Age Group | 26-35

Gender | Female (135) | Male (786) 85%

Northamptonshire Drink-driving hotspots

Northamptonshire Drink-driving hotspots

Northumbria Police

Drink-Driving Offences Northumbria Infographic Statistics

Northumbria Police

No. of drink-driving offences (between 2021-2024) | 1,237

No. of charges | 505 (41%)

For 2023/24:

Most Common Age Group | 26-30 (14%)

Gender | Female (34) | Male (160) 82%

Northumbria Drink-driving hotspots

Northumbria Drink-driving hotspots

North Wales Police

North Wales Police

North Wales Police

No. of drink-driving offences (between 2021-2024) | 2,766

No. of charges | 645 (23%)

For 2023/24:

Most Common Age Group | 36-45 (37%)

Gender | Female (166) | Male (595) 78%

North Wales Drink-driving hotspots

North Wales Drink-driving hotspots

North Yorkshire

North Yorkshire Police

North Yorkshire Police

No. of drink-driving offences (between 2021-2024) | 2,474

No. of charges | 1,687 (76%)

Most Common Age Group | 18-34 (47%)

Gender | Female (495) | Male (1,950) 79%

North Yorkshire Drink-driving hotspots

North Yorkshire Drink-driving hotspots

Police Scotland

Police Scotland

Police Scotland

No. of drink/drug-driving offences (between 2021-2024) | 16,273

Most Common Age Group | 35-44 (29%)

Gender | Female (1,042) | Male (4,002) 79%

South Wales Police

South Wales Police

South Wales Police

No. of drink-driving offences (between 2021-2024) | 3,333

No. of charges | 2,597 (78%)

For 2023/24:

Most Common Age Group | 25-34 (31%)

Gender | Female (244) | Male (743) 75%

South Wales Drink-driving hotspots

South Wales Drink-driving hotspots

South Yorkshire Police

South Yorkshire Police

South Yorkshire Police

No. of drink-driving arrests (between 2021-2024) | 3,201

No. of charges | 2,440 (76%)

For 2023/24:

Most Common Age Group | 31-60 (67%)

Gender | Female (199) | Male (863) 81%

Staffordshire Police

Staffordshire Police

Staffordshire Police

No. of drink-driving arrests (between 2021-2024) | 2,379

No. of charges | 1,615 (68%)

For 2023/24:

Most Common Age Group | 30-49 (50%)

Gender | Female (141) | Male (660) 82%

Staffordshire Drink-driving hotspots

Staffordshire Drink-driving hotspots

Suffolk Police

Suffolk Police

Suffolk Police

Surrey Police

Surrey Police

Surrey Police

No. of drink-driving arrests (between 2021-2024) | 3,007

No. of charges | 2,244 (75%)

For 2023/24:

Most Common Age Group | 30-34 (15%)

Gender | Female (140) | Male (568) 80%

Sussex Police

Sussex Police

Sussex Police

No. of drink-driving arrests (between 2021-2024) | 2,887

No. of charges | 1,875 (64%)

For 2023/24:

Most Common Age Group | 31-40 (26%)

Gender | Female (123) | Male (473) 79%

Thames Valley Police

Thames Valley Police

Thames Valley Police

No. of drink-driving arrests (between 2023-2024) | 2,150

For 2023/24:

Most Common Age Group | 30-39 (31%)

Gender | Female (325) | Male (1819) 85%

West Midlands

West Midlands Police

West Midlands Police

No. of drink-driving arrests (between 2021-2024) | 7,270

No. of charges | 4,303 (59%)

For 2023/24:

Most Common Age Group | 20-29 (35%)

Gender | Female (275) | Male (1998) 85%

West Yorkshire

West Yorkshire Police

West Yorkshire Police

No. of drink-driving arrests (between 2021-2024) | 7,254

No. of charges | 5,685 (78%)

For 2023/24:

Most Common Age Group | 18-34 (43%)

Gender | Female (419) | Male (1751) 80%

West Yorkshire Drink-driving hotspots

West Yorkshire Drink-driving hotspots

Wiltshire Police

Wiltshire Drink-driving hotspots

Wiltshire Drink-driving hotspots

No. of drink-driving arrests (between 2021-2024) | 1,903

For 2023/24:

Gender | Female (103) | Male (471) 82%

Surgery Negligence Claims – Claiming Compensation For Surgery Gone Wrong

The distress and potential injury caused by surgical and medical negligence can turn lives upside down. If you received a level of healthcare that fell short of the expected professional standards, you might be owed damages for the harm caused. This guide will explain how to start surgery negligence claims for compensation against NHS or private healthcare providers.

Key Takeaways In Surgery Negligence Claims

  • If you receive substandard medical care and this causes harm, you could claim compensation.
  • The compensation is affected by the size of the harm caused and also by any claimable financial losses.
  • You will need evidence to prove your claim.
  • In general, you have three years to start your case, although there can be exceptions.
  • Our specialist medical negligence solicitors can help you claim on a No Win No Fee basis.

We offer a free case assessment, so if you would like to speak to a member of our team, you can:

  • Ring us on 0800 073 8804 to chat about your surgical or medical negligence claim.
  • Fill out the contact form to start a claim online.
  • Use the live discussion window to start the conversation.

EMPTY HOSPITAL BED IN A CORRIDOR

Select A Part Of Our Surgery Negligence Claims Guide

  1. What Is A Surgical Error?
  2. Surgery Negligence Claims Criteria
  3. Our Research Into Surgical Errors
  4. How Can Negligence In The Operating Room Happen?
  5. The Potential Impacts Of A Surgery Gone Wrong
  6. How Much Compensation Could I Get For An Operation Gone Wrong?
  7. Why Should I Claim With Legal Expert?
  8. Learn More

What Is A Surgical Error?

The term ‘surgical error’ can be used to describe the following:

  • Procedures carried out in the wrong area of the body (wrong site surgery).
  • Correct procedures carried out on the wrong patient.
  • Incorrect dosages of anaesthesia or painkillers and other medication errors.
  • When surgical instruments, such as swaps, sponges or small tools, are left inside the patient.
  • Nerve damage caused by a mistake or an error during surgery.
  • Post-operative infections caused by poor dressing or lack of general hygiene in the area.
  • Lack of effective response to excessive bleeding.
  • Errors that arise from medical staff who are not correctly trained (such as misdiagnosis or failure to properly consult patient notes).

The circumstances of your surgery negligence claim might be different. Just check with our advisors for a free initial consultation.

 Surgery Negligence Claims Criteria

As you consider seeking compensation for surgical or medical negligence, you need to meet the criteria to do so:

  • You were owed a duty of care
  • This duty was breached.
  • The breach caused you avoidable harm.

A duty of care applies to every patient receiving surgical care. This includes GPs, nurses, community care staff, surgeons or specialists. If you suffered harm because of a failure on their part to treat you correctly, you could have a valid basis for surgery negligence claims.

To meet their duty to you, healthcare professionals must provide you with the correct minimum standard of treatment or advice. This can include:

  • Taking an accurate history from the patient
  • Referring patients where necessary
  • Investigating all relevant symptoms that a patient presents with
  • Thinking about differential diagnoses
  • Providing adequate treatment
  • Following up on test results or scans

To see if you can claim, you can contact an advisor to discuss your personal circumstances.

PATIENT DISCUSSING SURGERY NEGLIGENCE CLAIMS WITH HEALTHCARE WORKER

Can I Claim For An Operation Gone Wrong Abroad?

Perhaps you sought a cosmetic procedure abroad and it went wrong? In cases like this, surgical negligence compensation can still apply. Healthcare providers around the globe are bound by standards of professionalism. However, making international claims may be more complex, so it’s a good idea to consult with our surgery negligence claims solicitors to see if they can help.

Our Research Into Surgical Errors

Our research has unearthed some facts about surgical errors:

  • In the last five-year period, 11,700 claims against NHS trusts were started for surgical negligence and 8,753 were successfully settled.
  • In this same period, the NHS had to pay over £1 billion in damages to claimants.
  • The most common cause of surgical errors was delays or failures in treatment, which was logged nearly 2,000 times.
  • Unnecessary pain was the most reported surgical error with 1,990 reported cases.

How Can Negligence In The Operating Room Happen?

The following are examples of negligence that can occur in the operating theatre:

  • A tired surgeon fails to check the correct location for surgery and carries out a procedure on the wrong limb. This delays treatment of the original issue and creates more pain and recovery for the patient.
  • Poorly trained healthcare providers administer the wrong amount of anaesthesia to a patient, and they regain consciousness during an operation. This causes the patient both significant harm as well as psychological trauma.
  • An undetected swab left inside of a patient after an operation creates an infection. Because of this, the patient required an additional procedure to remove it, which badly delayed their recovery time and overall well-being.

The NHS tries hard to deliver a standard of healthcare to all of its patients. You may feel sympathetically for over-stretched hospitals and reluctant to start a claim against the NHS. It is important to note that money to pay compensation to those who suffer medical negligence is set aside by the NHS each year. Your damages would not be paid out of front-line care.

Talk to our team about these concerns, and they will explain your potential options for starting surgery negligence claims.

The Potential Impacts Of A Surgery Gone Wrong

Incorrect surgery or medical treatment can create a wide range of problems for the patient:

  • They suffer additional harm on top of the initial health problem.
  • A delay in the recovery can occur.
  • A permanent disability can arise.
  • The patient suffers needless psychological distress.
  • They cannot return to work as expected and may suffer financially.
  • The patient experiences additional medical expenses like private care bills to correct the problem.

Fatal Surgical Errors

In some cases, surgical negligence can lead to a fatality. You can claim compensation for the pain and suffering experienced by a loved one who died. Under the Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), the deceased’s estate may be able to bring forward an action.

In addition to this, the Fatal Accidents Act 1976 (FAA), explains how certain qualifying relatives and dependants can claim for how the death has impacted them. Compensation can cover funeral costs, lost companionship and impact on the family unit as a whole. Additionally, under the FAA certain relatives also qualify for a bereavement award. This is set out as a lump sum of £15,120 shared between all the family members who successfully apply.

Please contact our advisors for further free guidance on surgery negligence claims and who can claim compensation after a fatal surgical error.

How Much Compensation Could I Get For An Operation Gone Wrong?

If your surgical or medical negligence claim is a success, the compensation might cover two areas of loss called general and special damages.

General damages compensate for the physical pain and emotional suffering the person endured. In addition to this, an amount may apply for any significant loss of amenity and long-term disability.

To calculate a monetary value for issues like this, those involved in the process will look at your medical evidence. They may consult documents that offer guideline amounts of compensation like the Judicial College Guidelines (JCG). This publication gives suggested award bracket amounts for diverse injuries. Importantly, the amounts are intended as a guide only.

Every medical negligence claim has factors that make it unique. Because of this, we recommend that you speak to our team to get a more exact idea of what could apply in your case. An excerpt from the JCG (except the top entry) is below:

Compensation Guidelines

INJURYHOW SEVERE?COMPENSATION GUIDELINES
Serious forms of multiple harm and Special DamagesSeriousUp to £1,000,000 plus.
ParalysisParaplegia£267,340 to £346,890
Arms(b) Amputation (i)No less than £167,380
(b) Amputation (iii)£117,360 up to £133,810
Leg(a) Amputation (iii)£127,930 up to £167,760
(a) Amputation (iv)£119,570 up to £162,290
Psychological Harm(a) Severe£66,920 up to £141,240
Kidney(c) Loss of Kidney£37,550 up to £54,760
Spleen(a) Loss of Spleen£25,380 up to £32,090
ScarringA group of small scars or single disfiguring scar.£9,560 up to £27,740

What Are Special Damages?

Surgery negligence claims for compensation often include financial harm. Special damages are the head of loss where these amounts can be claimed back. It is necessary to present documented proof of financial loss caused by the surgery error. This might be:

  • Medical bills for treatment you had to pay for.
  • Proof of the costs for people to look after you.
  • Wage slips that indicate a drop or loss in income.
  • Receipts and tickets for travel expenditures to appointments.
  • The invoices or receipts for any modifications to your home or vehicle.

Special damages must be claimed in conjunction with general damages. So if you’d like personalised guidance on what out-of-pocket costs you could include in your surgical negligence claim, speak to us first.ELDERLY PATIENT IN HOSPITAL BED RECOVERING FROM SURGERY GONE WRONG

Why Should I Claim With Legal Expert?

Our surgical negligence solicitors provide an array of excellent services to help people like you get the compensation you deserve. For example, they do this by:

  • Helping you collect supporting evidence like statements from witnesses or medical reports from specialists.
  • Calculating the potential compensation more precisely to include harm caused both now and predicted in the future.
  • Taking care of the negotiations with the other side and following the Pre-Action Protocol that applies.
  • Meeting any court-imposed deadlines.
  • Explaining the legal jargon and providing you with regular status reports about the claim.

While our solicitors take care of these details, you can concentrate on your recovery. Take a moment to see how you could benefit from advantages like these with your surgical or medical negligence claim.

NO WIN NO FEE SOLICITORS DISCUSSING SURGERY NEGLIGENCE CLAIMS FOR SURGERY GONE WRONG

Conditional Fee Agreements (CFA)

Another bonus is that our solicitors offer eligible claimants a way to access excellent legal representation without adding to their financial burden right now. By offering a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA), the person claiming can expect:

  • No solicitors fees to pay upfront.
  • No solicitors fees to pay as the claim advances.
  • Nothing is owed to solicitors for finished work if the claim is unsuccessful.
  • A success fee is deducted from the compensation if the claim wins. This is a restricted percentage taken after the claim settles.
  • Because the success fee is capped, the person seeking compensation in surgery negligence claims can confidently expect to receive the majority of the compensation awarded.

Advantages like this mean that a claimant could benefit from first-class legal representation without financial stress. Interested in learning more?

  • Ring us on 0800 073 8804 to chat about your surgical or medical negligence claim.
  • Fill out the contact form to start a claim online.
  • Use the live discussion window to start the conversation.

Learn More

As well as information on surgery negligence claims in this article, there’s more free information to help here:

External help:

In conclusion, we value your interest in this article about surgery negligence claims. Please reach out to advisors for any more guidance about legal fees and No Win No Fee claims for compensation.

A Guide To Making Cervical Cancer Misdiagnosis Compensation Claims

Last updated 30th April 2025. Following a cervical cancer misdiagnosis, you may be asking, ‘can I claim compensation?’. If your situation applies to the specific eligibility criteria discussed in this guide, you may be able to make a medical negligence misdiagnosis claim.

Key Points

  • Cervical cancer could be foyund anywhere in the cervix and may require extensive treatment if caught late.
  • If a medical professional failed to diagnose you with cervical cancer, you may be able to make a medical negligence claim if the specific criteria apply to you.
  • The amount of compensation you may be awarded is determined by the extent of your losses and suffering.
  • Generally, you have three years to start a claim; however, there are some exceptions to this.
  • Our solicitors may help you claim compensation through a No Win No Fee contract.

If your misdiagnosis caused you to suffer, contact our helpful advisors today:

A pink ribbon showing support for those with cancer

Jump To A Section

  1. What Is Cervical Cancer?
  2. How Do Doctors Test For Cervical Cancer?
  3. Can I Make A Cervical Cancer Misdiagnosis Claim?
  4. Why Is Cervical Cancer Misdiagnosed?
  5. How Can Cervical Cancer Misdiagnosis Impact You?
  6. Time Limits In Medical Misdiagnosis Claims
  7. How Much Compensation Could You Get For Cancer Misdiagnosis?
  8. Make A Cervical Cancer Misdiagnosis Claim With Legal Expert
  9. Learn More

What Is Cervical Cancer?

Cervical cancer most commonly occurs in women between the ages of 30 and 35 and may be found anywhere in the cervix. Although it typically grows at a slow rate, it may spread to other parts of your body. Your chances of developing cervical cancer can be reduced by attending cervical screening. This is a common assessment and aims to find changes to cells before they turn into cancer.

Symptoms And Treatment

The most common symptoms of cervical cancer you may experience include:

  • Vaginal bleeding – such as during or after sex, between periods and after menopause
  • Pain in your lower back, pelvis or lower stomach
  • Pain during sex
  • Vaginal discharge changes

If you received a cervical cancer diagnosis, medical professionals will discuss a particular treatment plan with you. The main forms of treatment for cervical cancer include:

  • Surgery
  • Chemotherapy
  • Radiotherapy
  • Targeted medicines and immunotherapy

If your case of cervical cancer has been misdiagnosed, you may be eligible to make a medical negligence claim. Contact our team of advisors to find out more about this.

How Do Doctors Test For Cervical Cancer?

Medical professionals often find signs of cervical cancer during cervical screenings. These are routine checks that the NHS recommends for all women between the ages of 25 and 64. 

During this procedure, a doctor or nurse will take a sample of cells from the cervix. These cells will then be checked for human papillomavirus (HPV), which can lead to cervical cancer.

If abnormal cells are found in any area of the cervix, the primary test to follow up is a colposcopy. This allows a medical professional to take a closer look at your cervix. They may take another sample of cells or remove the abnormal cells. 

You could be eligible to start a cervical cancer misdiagnosis claim if a medical professional fails to follow up any findings of abnormal cells during a cervical screening with an appropriate test. We look at other examples of misdiagnosis later in the guide.

Contact our team of advisors, they can assess the circumstances of your claim and whether you may be eligible to start a claim for compensation. We understand that you may be under a lot of stress due to your misdiagnosis, but our advisors are highly trained and have dealt with similar cervical cancer claims.

Can I Make A Cervical Cancer Misdiagnosis Claim?

All medical professionals owe their patients a duty of care. As such, they must provide the correct level of care and avoid causing unnecessary harm to their patients.

If you were in the care of a medical professional who misdiagnosed your cervical cancer, causing further suffering, you may be eligible to start a medical negligence claim and be entitled to compensation.

Below is a list of the requirements you must meet to have good grounds to claim medical negligence compensation:

  • A medical professional must have owed a duty of care to you
  • They must have failed to provide the correct standard of care, breaching this duty
  • This must have resulted in you suffering avoidable harm

If you meet these criteria, you may be eligible to start a medical negligence claim.

Contact our helpful advisors for a free consultation and to start your claim today.

 

A sign that says cervical cancer next to a surgical facemask and glove

Why Is Cervical Cancer Misdiagnosed?

Most cases of cervical cancer are preventable, and if caught early, it can often be treated with minimally invasive treatment. However, if a misdiagnosis occurs, it can cause a person to sustain further harm.

Some examples of how medical professionals could misdiagnose cervical cancer include:

  • Failure to record accurate results of a Pap smear test
  • Failure to check or report laboratory results
  • Failure to investigate abnormal cells
  • Failing to transfer the patient to a specialist practitioner

What Can Cervical Cancer Be Mistaken For?

In some circumstances, a medical professional may misdiagnose cervical cancer by mistaking it for another condition. If this happened to you and caused you to suffer more, you could be able to make a claim for compensation.

Some examples of conditions that could be mistaken for cervical cancer include:

  • Endometriosis
  • Genital infections (STDs)
  • Endocervical glandular hyperplasia
  • Vaginal amebiasis

If a medical professional has misdiagnosed your condition for another condition and this has caused avoidable suffering, you may be eligible to start a claim for compensation.

Call our friendly advisors today for more information on whether you are eligible to claim compensation.

How Can Cervical Cancer Misdiagnosis Impact You?

Understandably, a cervical cancer misdiagnosis can impact your general health. This is because a misdiagnosis may cause avoidable harm or require more invasive treatment that could prolong your suffering or recovery.

This type of misdiagnosis may also have a psychological impact on you. For example, it may increase your stress levels or cause you to worry about your health, recovery, family commitments or even your ability to work.

If your medical negligence claim is successful, you may be compensated for how your misdiagnosis has impacted you. Contact our helpful advisors today for further information.

Time Limits In Medical Misdiagnosis Claims

Under the Limitation Act 1980, there is generally a three-year time limit for starting a medical misdiagnosis claim. Typically, this time limit may run from either:

  • The date the medical negligence happened or;
  • The date you received the knowledge of your misdiagnosis

However, in some cases, there may be exceptions to this rule, such as:

  • If a minor suffers from a medical misdiagnosis, the three-year time limit will commence on the date they turn eighteen years old and will run until they turn twenty-one years old.
  • If a person suffering from a misdiagnosis lacks mental capacity, they may be unable to claim. Therefore, the three-year limitation period will be paused. However, if the claimant regains this capacity, the time limit of three years will begin from this date.

Under such circumstances, when the time limit is delayed or indefinitely paused, a litigation friend may file a medical misdiagnosis claim on behalf of the claimant.

Contact our helpful advisors to start your compensation claim today or to talk about your specific time limit.

Doctor and patient discussing a cervical cancer misdiagnosis

How Much Compensation Could You Get For Cancer Misdiagnosis?

If you are eligible to make a cervical cancer claim and you succeed, you may receive a compensation award. Settlements may be given under two heads of claim: general damages and special damages.

If general damages have been awarded, this means that you have been compensated for any physical pain or psychological suffering you experienced as a result of your misdiagnosis.

General damages will likely be calculated using documents such as an independent medical assessor report or guidelines presented by the Judicial College (JCG). This document contains a list of injuries and conditions alongside their suggestive compensation brackets.

The figures in the below table was taken from the JCG (except from the top bracket) to illustrate how compensation could be calculated for general damages following a successful claim.

InjuryCompensation Guideline Figure
Multiple Severe Injuries and Significant Financial LossesUp to £1 million plus
Female Reproductive Injuries (a)£140,210 to £207,260
Female Reproductive Injuries (b)£52,490 to £124,620
Female Reproductive Injuries (c)£68,440 to £87,070
Female Reproductive Injuries (d)£21,920 to £44,840
Female Reproductive Injuries (e)£8,060 to £22,800
Female Reproductive Injuries (f)£4,140 to £24,930
Female Reproductive Injuries (g)In the region of £12,450
Bowel Injuries (b)Up to £183,190
One Scar That Is Disfiguring Or Multiple Laceration Scars£9,560 to £27,740

Can I Claim For The Financial Effects Of Cervical Cancer Misdiagnosis?

In some cases, a cancer misdiagnosis may result in you incurring financial losses. You could be able to claim compensation for this under the second head of claim, special damages. However, you can only claim for this if you are claiming for general damages.

Some examples of the financial losses you may claim back include:

  • Missed wages
  • Lost work privileges such as bonuses
  • Travel and medical expenses
  • Home adjustments or special equipment – these may be necessary to support your treatment or recovery

When claiming financial losses, you must provide evidence. Some examples of this include:

  • Payslips
  • Bank statements
  • Medical bills
  • Receipts

If you are struggling to obtain evidence, our medical negligence solicitors may help you collect it. They may then begin to calculate your potential compensation and build your case.

To find out if you may be compensated for your cervical cancer misdiagnosis, contact our friendly advisors today.

Make A Cervical Cancer Misdiagnosis Claim With Legal Expert

If you are eligible to claim compensation for a cervical cancer misdiagnosis for your suffering, our solicitors want to support you. They are experienced in medical negligence claims and can use their expertise to:

  • Guide you through the process of making a claim
  • Explain any key terminology or documents
  • Help gather evidence
  • Build your case
  • Negotiate settlements on your behalf

We understand that you may be worried about paying for legal representation. However, our solicitors operate on the basis of No Win No Fee. This means you may sign a Conditional Fee Agreement (CFA) before starting your claim to offer you financial security for legal representation. Some examples of why this may benefit you are:

  • You do not have to pay costs before the start of the claim for our solicitor’s work on your claim.
  • If you gain compensation from your claim, our solicitors will take a legally capped minimal percentage of the compensation you are awarded to cover their success fees.
  • If your claim is unsuccessful, our solicitors will not request any payments for the work they have completed on your case.

A solicitor and claimant signing paperwork to work on a cervical cancer misdiagnosis claim.

Contact Us

If you were impacted by a cervical cancer misdiagnosis, contact our helpful advisors today:

Learn More

For more information on medical misdiagnosis claims, visit the links below:

References:

We appreciate the time you have taken to read our guide on claims for cervical cancer misdiagnosis and hope that you have the information you need to move forward.

Lung Cancer Misdiagnosis Compensation Claims Solicitors

When we go to the doctor, hospital or a medical professional, we expect that they will use their skills and knowledge to diagnose us quickly and accurately. While this happens for many patients, some are subject to mistakes, errors or other forms of substandard care. If you think this has happened to you or a loved one, this guide about lung cancer misdiagnosis claims will aim to answer any questions you may have about making a medical negligence claim.

Lung Cancer Misdiagnosis Claims – Key Takeaways

    • If you have received substandard medical care and this harmed you, you could be eligible for compensation.
    • Compensation can cover physical harm, psychological harm and financial losses.
    • You generally have 3 years to claim from when you realise that you suffered this harm.
    • There are many ways that a lung cancer misdiagnosis could happen, but not all of them will lead to a successful claim.
    • Our expert medical negligence solicitors can help you on a No Win No Fee.

Keep reading, or speak to our advisors at any time, 24 hours a day, 7 days a week:

Doctor holds patient's hand as they sit up in hospital bed to cough.

Select A Section

Am I Eligible To Make A Lung Cancer Misdiagnosis Claim?

You can make a misdiagnosis claim if you can prove medical negligence. The criteria are:

      • You were owed a duty of care by a medical professional.
      • A healthcare professional failed to provide you with the minimum standard of acceptable care and, in doing so, breached their duty to you.
      • This breach caused you avoidable harm.

Medical professionals owe a duty of care to everyone they treat, so this part of the criteria is automatic. Determining if the duty has been breached involves proving that the care you received was below the minimum accepted standard. Some things that can be considered to help show the correct standard was not met can include:

Meeting the correct standard could include:

      • Listening to a patient’s symptoms and medical history in sufficient detail.
      • Performing necessary tests such as blood tests, X-rays or other scans. This should also be in the correct time frame, as these can be required urgently in some cases.
      • Enquiring about relevant symptoms such as weight loss, fatigue or coughing up blood.
      • Correctly interpreting test results and making sure that errors or mistakes do not happen.
      • Following up on test results.

Not every case of lung cancer misdiagnosis will be negligent. Each case will be different and turn on it’s facts. If you think you may have a claim but are unsure, we offer a free case assessment, and there is no obligation to proceed. You have nothing to lose by finding out if you are eligible to claim. Use the details above to speak to our advisors to learn more.

Average Payouts For Lung Cancer Compensation

A common question about medical negligence claims is about the “average” compensation. Because claims vary so much, an average would tell you very little. However, we can tell you how general damages, the part of a claim that compensates for pain and suffering, would be calculated.

The Judicial College Guidelines (JCG) provide suggested compensation brackets for different types of harm. While they don’t guarantee anything, they can give an indication of the level of compensation for certain types of harm or injury. 

Below are some examples of entries from the JCG and their compensation bracket (except the top entry, which is not from the JCG).

InjurySeverity (as per JCG)Amount
Multiple Incidences of Harm and Financial LossVery SevereUp to £500,000 or more
Lung Disease(a)£122,850 to £165,860
(b)£85,460 to £118,790
(c)£66,890 to £85,460
AsthmaSevere and Permanent Disabling Asthma£52,550 to £80,240
Chronic Asthma£32,090 to £52,490
Bronchitis and Wheezing£23,430 to £32,090
Injuries Resulting In DeathFull Awareness£15,300 to £29,060
Followed by Unconsciousness£12,830 to £13,020
Immediate Unconsciousness/ Death after Six Weeks£4,590 to £5,360

Factors That Can Affect Your Payout

We will look at how financial losses can be added to lung cancer misdiagnosis claims in the next section, but there are other factors that can influence the size of any payout. These can include:

      • How severe the harm is. As you can see from the table above, harm that is of a more serious nature will be reflected in a higher payout.
      • Loss of amenity (loss of enjoyment of life). Those who have had more of their life impacted, e.g. they have had to give up a hobby they loved because of the harm caused, can be awarded higher general damages to reflect this.
      • You may have suffered some harm even if the negligence did not happen. The defendant only has to compensate you for the harm they caused you. This is determined by medical evidence.
      • Whether the other side accepts fault or fights your claim. If your claim is disputed, then you may choose to settle without the risk of going to court and failing to win, which might mean your payout is lower.
      • The approach the parties take to negotiation. You may decide you want to settle the case quickly for personal reasons and decide to accept an offer that is less than the full value of your claim.

Special Damages And How They Relate To Your Claim

Special damages compensate for financial losses you can prove were caused by negligent medical treatment. For example:

      • Professional counselling.
      • The cost of travel to and from chemotherapy.
      • Domestic help or care and assistance.
      • Money to cover any accessibility adjustments needed for your home.

You can also claim for loss of earnings if you can show you couldn’t work because of a negligent lung cancer misdiagnosis. Evidence of this might include a medical report saying why you had to take time off and past payslips showing how much you usually earn.

How To Use Our Medical Negligence Compensation Calculator

You can use our medical negligence compensation calculator to get an estimate of the level of compensation that your case could be worth. It will ask questions about your case and the harm you have suffered to provide its estimate. It is just a tool for guidance and does not give a guaranteed or certain compensation figure.

Our skilled medical negligence solicitors can help value your claim if you are eligible. They can make sure that the correct amount of compensation is claimed by adding all losses that are applicable to the case. You can reach out to an advisor to see if you are eligible to start a medical negligence case today. Our details are at the top of this guide.

Doctor sits with patient in bright room as they diagnose lung cancer.

Common Reasons Why Lung Cancer Is Misdiagnosed

Lung cancer misdiagnosis can occur at any stage in the healthcare process, from initial checkups to patient aftercare. Here are some ways it could happen:

      • A failure to recognise symptoms – The medical professional may fail to take note (or enquire about) common symptoms that would lead to the correct diagnosis of lung cancer.
      • A failure to refer – A doctor might mistake lung cancer for another condition and fail to make a timely referral, causing an overall poorer prognosis for the cancer.
      • Incorrect test results – a patient could have their X-ray mixed up with another patient, and they are incorrectly diagnosed with bronchitis instead of lung cancer.
      • Incorrect diagnostics -The wrong diagnostic test was performed despite a clear need for the correct test to be administered.
      • A failure to act – A doctor could become distracted and fail to take action on the basis of test results. They could misplace the results, and several months pass before the error is picked up.

It is important to remember that for any of the above examples to lead to a claim, the care received must have fallen below the minimum standard expected. This list is not exhaustive, and there are other potential ways that negligence could occur. Contact us if you have any questions about your specific circumstances.

The Implications Of Lung Cancer Misdiagnosis

According to a 2024 Parliament research briefing, a diagnosis of lung cancer is one of the most dangerous. Fewer than half of afflicted people survive for more than a year. Fewer than a quarter survive for more than five.

The earlier it is caught, the better the prognosis tends to be. 90% of people diagnosed with stage 1 lung cancer survive for a year or more. At stage 4, the year survival rate falls to 21%. Correct and early diagnosis is key, while false or delayed diagnosis can be fatal.

A lung cancer misdiagnosis can prolong suffering by delaying the correct treatment. Negligent treatment can also allow cancer to develop to the next stage or even spread to other parts of the body.

How To Claim For A Wrongful Death Following Lung Cancer Misdiagnosis

If you have lost a family member or loved one due to medical negligence, you could potentially claim compensation.

Under the Law Reform Miscellaneous Provisions Act 1934 the deceased’s estate can claim for the pain and suffering experienced prior to death. Under the Fatal Accidents Act 1976 (FFA), those who qualify as a dependent can claim compensation for financial loss following the death of a loved one.

A dependant is defined in the FAA to include the following:

      • A wife, husband or civil partner (past or present)
      • A person who lived with the deceased as a spouse or in a spouse-like manner. This must have been for at least two years before death.
      • A child or other descendant of the deceased. This also includes those treated like a child by the deceased.
      • A parent of the deceased or any other ascendant. This includes those treated like a parent by the deceased.
      • A sibling, aunt or uncle of the deceased or any of their children.

You can read more about this topic in our guide about medical negligence causing death, or you can reach out to one of our sensitive and professional advisors.

How To Start A Medical Negligence Claim

You do not need to use a solicitor to start a medical negligence claim, but you may find that it is advantageous to do so.

There is a Pre-Action Protocol for clinical disputes (i.e. for medical negligence cases) that should be followed. This includes steps such as sending a letter of notification and a letter of claim. You could be claiming against the NHS or a private hospital, but the steps taken to claim do not differ. One of our experienced solicitors can handle these things for you if your case is accepted.

To be successful with your case there are some points that you will need to bear in mind, so let us look at some of those now.

Gathering Evidence – Medical Records, Witnesses, And More

You or your legal representatives must prove every part of your lung cancer misdiagnosis claim:

      • You were owed a duty.
      • This was breached.
      • The breach caused you to suffer avoidable harm.

To show each point, you can provide various documents and details:

      • GP records that could show the symptoms you complained of.
      • Hospital records.
      • Scan results and other diagnostic tests.
      • Expert testimony about the standard of care you were entitled to expect.
      • Witness contact details so a legal professional can take a written statement to support your case.
      • Receipts and invoices showing related financial losses.
      • Wages slips to prove loss of earnings.

Chest x-ray on which lung mass is highlighted in red.

How Long You Have To Begin A Claim

Under the Limitation Act 1980, you have three years to start a claim. This is usually from the date the negligence happened, although it could be several months before you realise that you suffered a negligent cancer misdiagnosis. In this case, you would have three years to start your claim from when you reasonably knew that you had suffered harm and that negligence had happened. This is called the date of knowledge.

If you are claiming for a deceased loved one, then the time limit is normally three years from the date of death to begin the case. This can also be three years from the date of an inquest that revealed medical negligence as the cause of death.

Other exceptions to the three year time limit are for minors (those under 18) and those who lack mental capacity to claim. Neither of these groups can bring their own claim and have to wait until they are 18 or until they regain mental capacity, respectively. The three year time limit starts to run at these points.

A litigation friend can be used to start a claim for a minor or someone lacking capacity before the timit starts to run. This is a suitable adult who runs the claim for them. It is usually a parent or guardian but does not need to be a family member.

No Win No Fee Agreements

Our expert medical negligence solicitors can help you on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). Under a CFA you:

      • Do not pay your solicitors fees prior to your case starting, as it progresses or if it fails.
      • Have a percentage of the compensation deducted to pay a success fee to your solicitor if you win your case.
      • Keep the majority of the compensation as the success fee has a legal cap on a percentage basis.

How Long It Can Take To Get A Compensation Payout

The timeline for medical negligence claims varies from months to years, depending on the type, complexity, and parties involved.

It is impossible to be more precise without knowing the exact circumstances of each case. If you wish to discuss this further, we recommend contacting our advisors using the details above. They can also answer questions about any part of this guide.

Lawyer reviews lung cancer misdiagnosis notes at desk featuring scales of justice.

Why Choose Legal Expert For Your Claim?

The solicitors at Legal Expert are leaders in their field. They have several decades of experience standing up for cancer misdiagnosis claims, and they can use that expertise to:

      • Draft an effective Letter of Claim.
      • Gather the best evidence available.
      • Negotiate with your best interests in mind.
      • Provide expert legal advice every step of the way.
      • Strive for the maximum possible settlement.

There’s no reason to wait to start a claim. Contact our advisors today for a free initial assessment with absolutely no obligation.

More Information

We have gathered the following links so you can continue reading about this subject.

Here are some further guides from Legal Expert:

Here are some more resources from the rest of the Internet:

Thank you for reading our guide to lung cancer misdiagnosis claims.

How To Make A Facial Scar Compensation Claim

Last Updated On 10th Of June 2025. Suffering an injury that leaves you with scarring on your face can be deeply traumatic. It could lead to you feeling very self-conscious, nervous or anxious about your appearance. If this scarring was caused by someone else, you could be entitled to claim compensation. This guide about facial scar compensation claims will aim to answer any questions that you have about how to claim.

Key takeaways

  • You can claim compensation for your facial scarring if someone else is at fault.
  • The severity of the scarring and its financial impacts will affect the size of the compensation you could claim.
  • You usually have 3 years to start a personal injury claim.
  • One of our expert personal injury solicitors could handle your case on a No Win No Fee basis.

If you would like to speak with one of our advisors, call today for your free, no-obligation consultation.

A lady with a mask has a facial scar that is being held together with stitches.

Select A Section

Am I Eligible For Facial Scar Compensation?

In order for you to be eligible to make a compensation claim for a facial scar, certain criteria must be met.

We need to establish the following:

  • Was there a duty of care owed to you?
  • Did a third party breach this duty?
  • Did the breach result in your injury and/or harm?

Examples of third parties who owe a duty of care:

  • Road users have a duty of care to other road users. They must use their vehicles to avoid harming others and follow the rules set out in the Road Traffic Act 1988 and the Highway Code
  • Employers owe a duty of care to their employees. The Health and Safety At Work etc Act 1974 places a responsibility on them to take reasonable steps to keep their employees safe from harm.
  • Occupiers of public spaces owe a duty of care to the public. The Occupiers Liability Act 1957 requires occupiers to take reasonable steps to keep the public safe.

Claiming Compensation For Facial Scars Caused By A Criminal Injury

If you suffered a facial scar injury as a result of a violent crime, you might be able to claim compensation through the Criminal Injuries Compensation Authority (CICA).

The CICA is a government-funded body that compensates victims for their injuries. This is different from a personal injury claim and requires separate criteria for success. There are also different rules for the damages awarded.

The rest of this guide will focus on making a personal injury claim, but you can find more information about how to claim criminal injury compensation here.

Or, if you prefer, you could discuss your potential CICA claim for facial scar compensation with an advisor.

How Could This Kind Of Injury Impact You?

In a society that at times can be obsessed with appearance, having a facial scar could have a massive impact on your happiness and social life. People with facial scars can face not only physical but mental health issues as well.

The scarring could be very painful at the time of injury, whether gut with a sharp object or burnt with something hot. Some scars will also have ongoing physical issues such as altered sensation, nerve damage or itchiness.

There could be surgeries available to improve scarring or make-ups that could be applied to cover them. Each case will be different, and whilst some remedies might improve scarring, these can have a financial impact on you instead.

Can Scarring Affect Me Financially?

Scarring can affect you financially. As discussed above, make-up might be necessary to cover scars that cause you psychological upset or embarrassment. The cost of this would add up over many months or years. There could also be creams or ointments that might aid your recovery.

If your scarring or the accident that caused it has left you with significant psychological injuries, then it could be that your ability to work has been impacted. In such cases, if supported by medical evidence, you could claim Loss of earnings.

Private cosmetic surgery could be warranted in certain circumstances. Some common financial losses could apply, such as:

  • Travel expenses
  • Treatment fees
  • The cost of painkillers or other medications.

Below, we discuss the amounts of compensation that could be awarded should you make a successful claim for compensation and the differences between general and special damages.

Call our advisors today for a free consultation.

How Much Facial Scar Compensation Could You Receive?

It is difficult to confirm the amount of compensation that you could receive for a facial scar injury, as this would depend on the severity of the scar, any psychological injury, as well as any financial impact.

Compensation can be split into two heads of loss called general damages and special damages. General damages cover your pain and suffering, including any mental harm. Special damages reimburse you for the financial impact, and we looked at examples of these earlier.

The details of your injury and/or harm can be confirmed by an independent medical professional who will, in turn, provide a medical report which will have a prognosis period and confirm if you require any further treatments and/or assessments.

Those responsible for valuing your general damages can use your medical report and documents, such as the Judicial College Guidelines (JCG), to value your claim. These guidelines provide suggestive compensation values for all types of injuries.

Please note that they are not guaranteed compensation figures and are only guidelines. Below is a table with some JCG entries (except for the first figure) to help you think about how different injuries are valued.

InjurySeverityGuideline Amount
Multiple Injuries, physical and mental, with additional financial lossesMost severeUp to £500,000 +
Scarring to other parts of the bodyBurns covering 40% or more of the BodyLikely to exceed £127,930
Several noticeable laceration scars or one single disfiguring scar£9,560 to £27,740
No Significant internal injuryIn the region of £10,550
Post-traumatic stress disorderSevere£73,050 to £122,850
Moderately severe£28,250 to £73,050
Moderate£9,980 to £28,250
Facial disfigurementVery severe scarring£36,340 to £118,790
Less severe scarring£21,920 to £59,090
Significant scarring£11,120 to £36,720

If you would like more advice about making a claim for facial scar compensation, call today for your free, no-obligation consultation.

Types Of Scarring

There are many different types of scarring, including:

  • Fine line scars can be slightly raised in the beginning, usually flattening and fading over time without the need for treatment.
  • Keloid scars are an overgrowth of tissue that can occur when too much collagen is produced at the wound.
  • Hypertrophic scars are usually raised and firm. They also do not grow bigger than the original wound, and the area of the scarring could be uncomfortable or difficult to move.
  • Contracture scars can feel tight, painful or difficult to move. They can be common after being burnt.

This list is not exhaustive, as there are other types of scars. Call today to see if you have an eligible claim by speaking with one of our advisors.

How Could Facial Scarring Occur?

Facial scarring can occur in many different ways. Below are a few examples:

  • A worker is not provided with suitable personal protective equipment at work in the form of a mask, and a hot or toxic substance splashes in their face, causing significant facial burns and scarring.
  • An employee suffers a facial laceration when a pallet that falls while an HGV is being unloaded strikes them. The employee who unloaded the pallet should have made sure that their colleague was out of the loading zone before beginning to take the pallet from the HGV.
  • A person suffers a dog bite while being attacked by a banned breed of dog.
  • A victim is left with a facial scar following a violent criminal act such as assault.

If you think your facial scar was caused due to the fault of someone else, please call our advisors today for your free consultation.

How To Start A Claim For Facial Scar Compensation

The first thing to do to start your claim for facial scar compensation is to speak to a member of our advisory team. They’ll assess whether it is valid for free. A member of our advisory team can also:

  • Estimate how much facial scarring compensation you could claim.
  • Advise you on special damages and what evidence you could submit to support this aspect of your compensation claim.
  • Explain the personal injury claims process to you.
  • Furthermore, they can also advise on what evidence you could submit.

Examples Of Evidence To Support A Claim For Compensation For Facial Scarring

All personal injury claims need sufficient evidence that proves liability for your injuries. This could include:

  • Photographs. Take pictures of the accident scene, even if you have to return at a later date. Additionally, if you can, take a picture of the item(s) that caused the accident, such as broken flooring. Also, take photos of your scars.
  • Videos. You can request CCTV or dashcam footage. Additionally, a witness may have filmed the incident on their phone, or it could have been caught on a doorbell camera.
  • Witness contact details. If anyone saw what happened to cause your facial scarring and is willing to provide a statement later on, you can make a note of their contact information. If you work with one of our solicitors, they can take these statements.
  • Medical records.  You can request a copy from your GP or the hospital. These can include details of the treatment after the incident, such as plastic surgery you underwent to reduce the effects of the facial scarring or emergency A&E treatment following an accident.
  • Accident reports. A copy of the accident report can support the time the incident occurred, the location and any details. Examples include a police report if your injuries occurred in a car crash, or the accident logbook from your workplace or a business.
  • Financial documentation. As stated above, you can recover your out of pocket expenses suffered due to your injury. However, you will need to prove your costs.

Is There A Time Limit To Claim?

Yes, you generally have 3 years to start your personal injury claim from the date of the accident. This time limit is set by the Limitation Act 1980.

However, for injured parties that cannot manage the personal injury claims process themselves, this time limit is put on hold. In these cases, a suitable adult can apply to the courts to be appointed as a litigation friend to act for the injured party.

Injured parties who cannot claim for themselves include:

  • Children under the age of 18. The time limit will only start on their 18th birthday, giving them 3 years from that date to begin a personal injury claim (unless a litigation friend already did so on their behalf).
  • Those without sufficient mental capacity to claim compensation. These parties have the time limit suspended entirely unless they regain this mental capacity. Should this occur, they will have 3 years from that date to begin the process unless a litigation friend has acted for them.

If you have any questions about evidence, the claims process or acting as a litigation friend, please speak to our advisory team.

My Face Was Scarred In An Accident. Can I Make A No Win No Fee Claim?

If the third party owed you a duty of care, and the accident was not your fault, then you could make a No Win No Fee claim for compensation under a Conditional Fee Agreement (CFA).

The advantages of a No Win No Fee arrangement are:

  • There are no upfront solicitor’s fees
  • No on-going solicitors fees
  • If the claim is unsuccessful, there’s no charge for the work that your solicitor has done.

If your claim is successful, your solicitor will deduct a small success fee from the compensation. This is legally capped at a certain percentage and is only deducted in successful cases.

Contact Our Team Today

To speak with one of our advisors call today for your free, no-obligation consultation.

Solicitor shaking hands on a facial scar no win no fee case

Learn More About Making A Claim For Compensation

Read more of our guides below.

Further resources.

We appreciate your time in reading our guide on facial scar compensation. If you have any questions, call our advisors today.