This guide talks you through the accident at work claims process. If you have suffered an occupational injury from a workplace accident, you may be entitled to claim compensation.

Firstly, we look at the pre-action protocols and what is involved in the accident at work claims process. Following this, we explain when someone may be able to begin the claims process by stating the claims eligibility criteria that need to be met.

Then, to give you a better idea of what types of workplace accidents you could potentially claim compensation for, we provide examples of how an employer could be liable for your accident and injuries sustained.

Also, we provide an explanation of how settlements are calculated after a workplace injury claim is successful. Additionally, you will discover the benefits of making a personal injury claim with one of our No Win No Fee solicitors.

To talk about your circumstances, you can contact our team of advisors. They are on hand 24/7 to offer you advice and guidance through one of the below contact methods about what next steps you can take. They could also connect you to our solicitors if they confirm that your workplace injury claim is eligible:

• Call 0800 073 8804.
• Complete the claim online form to receive a callback.
• Type a message in our live chat feature in the corner of the screen.

Jump To A Section

1. How Does The Accident At Work Claims Process Work?
2. When Could You Be Eligible To Make A Personal Injury Claim?
3. Examples Of Workplace Accidents
4. What Could You Claim For Workplace Injuries And Illness?
5. How To Claim With A No Win No Fee Solicitor
6. Further Information On The Accident At Work Claims Process

How Does The Accident At Work Claims Process Work?

As part of the accident at work claims process, the Pre-Action Protocol for Personal Injury Claims must be followed. This is a list of actions that must be undertaken or followed before a case can be heard in court, as it helps to show the court that everything was done to resolve the matter before proceedings being issued.

• A Letter of Notification will be sent to the defendant to let them know that you are making a compensation claim against them.
• Rehabilitation should be done as soon as possible. This is where all parties consider whether the claimants needs rehabilitation or medical treatment.
• A Letter of Claim will be sent to the defendant to let them know formally that a compensation claim has been issued against them. Within the letter of claim are the facts of the case, including what injuries the claimant has suffered.
• A response is required from the defendant within the following 21 working days. The defendant then has 3 months from the date of acknowledging the Letter of Claim to carry out their investigations.
• Disclosure – this is where any issues that are being disputed or information that could clarify or solve any issues are exchanged.
• The claimant will attend an independent medical assessment so medical experts can produce a medical report.
• While negotiations are taking place, a Part 36 Offer can be made. This is where both parties put forward an offer so they can settle pre-proceedings.
• Where both parties cannot reach an agreement, Alternative Dispute Resolution methods, such as arbitration and mediation, can be used. If this doesn’t work then the case will have to go to court.

A personal injury solicitor could help you with carrying out these steps on your behalf, should you decide to work with one. To see if you may be eligible to work with one of our solicitors, you can contact our advisors.

When Could You Be Eligible To Make A Personal Injury Claim?

Every employer owes their employees a duty of care, as outlined in the Health and Safety at Work etc. Act 1974. To abide by this duty of care, employers have to take reasonable steps to ensure the safety of their employees while they’re working. Some of these steps may entail performing regular maintenance checks on equipment and facilities, implementing health and safety regulations, and providing the appropriate training and Personal Protective Equipment (PPE) that employees require to do their tasks appropriately.

Thus, here are the personal injury claims eligibility criteria that you must meet to be able to make an accident at work claim:

1. An employer owed you a duty of care.
2. This duty was breached
3. As a result of this breach, you were injured.

What Evidence Could Help You Make A Claim?

Here are some types of evidence that is useful to have to help prove your accident at work claim:

• A copy of the report in the workplace logbook recording your accident.
• CCTV footage of your accident.
• Witness details from possible witnesses who saw your accident and how you were injured. They could possibly provide a statement at a later date.
• Copies of your medical records to show the extent of your injury and the treatment you needed.
• Taking photographs of visible injuries and the accident scene.

One of our personal injury solicitors could help guide you through the accident at work claims process, including helping you to gather evidence. If you seek compensation for your workplace injuries, contact our team to discover whether you can be connected to one of our solicitors.

How Much Time Do You Have To Claim?

In general, you have 3 years to begin a personal injury claim after an accident at work, as outlined by the Limitation Act 1980. The accident at work claims time limit commences from the date you had your accident.

However, the time limit will be paused for a couple of circumstances. These circumstances are if the claimant:

• Was under 18 years old when they were injured. The time limit will recommence from their 18th birthday.
• Lacks the mental capacity to make a claim. The time limit will recommence if or when the claimant regains this mental capacity.

For both of these circumstances, a court-appointed litigation friend may be able to represent the case on the claimant’s behalf while the time limit is paused.

You can find out more information about the accident at work claims limitation period by contacting our advisors today.

Examples Of Workplace Accidents

Here are some example scenarios of how you could be injured at work due to your employer not adhering to their duty of care:

• Falls from heights. For example, your employer gives you a known faulty ladder to use on a construction site. One of the rungs on the ladder breaks as you are using it you fall from the top. This could lead to serious injuries like a brain injury or paralysis.
• Machinery or vehicle accidents. For example, in a warehouse, your employer asks your colleague to use a forklift truck without giving them any training on how to do so. Since your colleague does not know how to operate the vehicle, they accidentally run over your foot by steering too sharply. This could lead to leg and foot injuries and possibly amputation.
• Manual handling accidents. For example, in a retail shop, your employer instructs you to manually lift and carry a heavy delivery load that is too tall to see over the top of. Due to this, you suffer a back injury due to improper lifting technique.

To find out whether you can begin the accident at work claims process today, you can contact our advisors.

What Could You Claim For Workplace Injuries?

For a successful accident at work claim, there may be up to two heads of loss which you could claim in compensation.

General damages is the first head of loss, which is always awarded in a successful case. General damages reimburses you for the physical injuries and psychological injuries you have suffered due to your employer breaching their duty of care. When general damages are being assessed, some of these factors are considered:

• What the initial severity of the injury is.
• If the injured person’s quality of life has changed.
• What treatment is needed and what the estimated recovery time is.

At some point throughout the accident at work claims process, you may be invited to an independent medical assessment in which a private medical professional will conduct a medical report of your injuries and prognosis. This may used alongside Judicial College Guidelines (JCG) to help those valuing this head of your claim. The JCG is a publication with varying guideline compensation figures for different injuries.

Guideline Compensation Table

We have included a compensation table with information from the JCG (apart from the top line, which is not from the JCG). These are just some of the types of injuries that one might suffer following an accident at work. However, all of these figures are guidelines, as each case is unique.

Examples Of How Special Damages 

Special damages is the second head of loss, which is only sometimes awarded in a successful case. Special damages reimburses you for the financial losses you have suffered due to your injuries. Here are a few examples of financial losses that your injury could cause you:

• Loss of earnings, if you needed to take time off work to recover.
• Car or home adaptations, such as the installation of a ramp.
• Medicine, such as prescription gees.

It is important to collect evidence of your injury’s financial losses in the form of receipts, invoices, payslips, or bank statements to help support your claim for special damages.

Contact us today to discover how much compensation you could potentially receive for your claim. They can also answer any questions you may have regarding the accident at work claims process.

How To Claim With A No Win No Fee Solicitor

If you contact our advisors, they could inform you whether you are eligible to make an accident at work claim. If you seem to have a strong case, they could connect you with one of our specialist personal injury solicitors who could help guide you through the accident at work claims process.

Our personal injury solicitors can offer to work on your case on a specific type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). What this means for you is that you are generally not required to pay legal costs for your solicitor’s work:

• Before the case.
• During the claims process.
• If your claim does not win.

Instead, if your claim is successful, then a success fee will come out of your compensation before it is awarded to you. The success fee is a legally capped percentage of your compensation. This legal cap helps ensure that the majority of your compensation stays with you.

Speak To A Member Of Our Team Today 

If you have any further questions regarding the accident at work claims process, you can contact our advisors for free today. They can also provide you with free advice for your specific personal injury claim. To connect with them today, you can:

• Call 0800 073 8804.
• Complete the claim online form to receive a callback.
• Type a message in our live chat feature in the corner of the screen.

Further Information On The Accident At Work Claims Process

You can access further information about accident at work claims with these resources below:

Our similar guides:

• Find out whether you can make an accident at work claim if you have left the company that you are suing.
• Learn who is responsible for paying your medical bills if you have been injured at work.
• See whether you can claim compensation if you did not take time off work for your injuries.

External resources:

• Health and Safety Executive (HSE) – a guide on assessing and managing risks at work.
• NHS – guidance on when you should administer first aid to an injured person.
• Gov. UK – information on how to claim Statutory Sick Pay (SSP) for missing time off work due to an injury.

Hopefully, you have found this guide helpful and have acquired new knowledge about what to do if you have been injured in an accident at work. Don’t forget that you can talk to us for free should you need more guidance or support about the accident at work claims process.

This guide answers the question, “Can patients claim for falling out of bed in hospital?”. Falls are a recognised risk in hospitals, and there are policies put in place so that these risks can be identified and reduced as much as possible. If steps are not taken when they should be to reduce the risk of falls, and a patient is injured from this, then this may constitute hospital negligence. 

Firstly, we establish when someone could be eligible to begin a hospital negligence claim. Then, we look at how the risk of falling out of bed in a hospital can be minimised.

We also look at what avoidable harm (harm that should have been prevented) and injuries can be sustained if a patient does fall in the hospital. Following this is the explanation of how compensation is calculated when a hospital negligence claim is successful. 

Lastly, we tell you how patients can claim for falling out of bed in the hospital with one of our No Win No Fee solicitors and the benefits of claiming with a solicitor on this basis. 

For free advice on compensation claims for hospital negligence, here is how you can talk to our advisors, who have knowledge of medical negligence cases:

• Call 0800 073 8804. 
• Message in our live support chat on the screen. 
• Claim online by entering your details. 

Jump To A Section:

1. Can Patients Claim For Falling Out Of Bed In Hospital?
2. Preventing Patients Falling Out Of Bed In Hospital
3. How Could A Patient Be Injured By Falling From A Bed?
4. Examples Of Payouts For Falls In Hospital
5. Can Patients Claim For Falling Out Of Bed In Hospital With A No Win No Fee Solicitor?
6. Learn More About Claiming For Accidents And Injuries In Hospital

Can Patients Claim For Falling Out Of Bed In Hospital?

Patients are owed a duty of care by all medical professionals who treat them as well as all health care providers such as hospitals. 

To conform to their duty of care, medical professionals and healthcare institutions must give patients the correct standard of care. If a patient receives a standard of care that is below the minimum expectation, and they suffer avoidable harm because of this, then this is hospital/medical negligence. 

As such, to be eligible to claim compensation, you must prove these criteria:

1. You were owed a duty of care.
2. This duty was not adhered to.
3. You suffered avoidable harm directly because of this.

Not all circumstances of a patient falling out of a bed would mean that hospital negligence has happened. For example, a patient could still fall out of bed even if medical professionals have provided the correct standard of care, such as following through with risk assessment measures.

Hence, you can chat with our advisors today to confirm whether you are eligible to claim compensation for negligence. 

Hospital Negligence Claim Time Limit

To also have a valid hospital negligence claim, the Limitation Act 1980 states that you must begin making a claim within the limitation period. For hospital negligence claims, this is 3 years from either the date you suffered hospital negligence or from the date there was an awareness that hospital negligence occurred. 

This standard time limit will always apply unless the claimant is under 18 years of age or if they lack the mental capacity to be able to claim. In this case, the time limit will be paused, and a litigation friend can be appointed to pursue the case during this time. 

You can learn more about the hospital negligence claims time limit and its exceptions by talking to our team. 

Preventing Patients Falling Out Of Bed In Hospital

When patients are admitted to the hospital, risk assessments should be carried out by hospital staff to consider whether they are at risk of falls. Certain factors like age, medication, and treatment can make them more vulnerable patients to falls. 

Bed rails should be present when it is decided from the risk evaluation the benefits of them being in place are greater than the risks. They are attached to the sides of hospital beds to prevent a patient from rolling, falling, or sliding out of bed. 

Here are a couple of examples of how a healthcare provider could breach their duty of care by not taking reasonable steps to prevent vulnerable patients from falling out of bed in a hospital:

• A nurse didn’t put bed rails up on the bed of an elderly patient with reduced mobility because there were no risk assessments conducted.
• The nurse changing the bed sheets of a patient who has just come out of major surgery forgot to put the bed rails up again once the patient was assisted back into bed. 

If you have been injured from falling out of a bed in a hospital and believe this happened due to similar circumstances mentioned above, don’t hesitate to contact our advisors today. 

How Could A Patient Be Injured By Falling From A Bed?

Here are some common injuries that a patient could sustain after falling out of a hospital bed:

• Head injuries. Sometimes, depending on the impact of the fall, a severe brain injury could be sustained. 
• Pelvic or clavicle injuries. 
• Fractured or broken bones. 
• Scarring.

To find out whether you can claim compensation for the injuries that you have sustained from a fall in a hospital, please speak with our hospital negligence team. They will give you a free consultation on your case. 

Examples Of Payouts For Falls In Hospital

When a hospital negligence claim is successful, the effects that you could be compensated for can be split into two heads of loss. 

General damages is the head of loss that is always awarded. General damages compensate for the physical and psychological effects of the avoidable harm that has been sustained due to a breached duty of care. Here are some factors of these effects that are taken into consideration when general damages are being calculated:

• The pain’s severity. 
• The medical treatment you need and how long the treatment will take. 
• How your quality of life changes. 

While general damages are calculated, an independent medical assessment will be conducted and compared to the guidelines from the Judicial College (JCG). The independent medical assessment will be conducted as part of the hospital claims process. The JCG is a publication that has guideline compensation values for all sorts of physical and mental injuries and illnesses.

Compensation Table

For your guidance only, we have included guideline compensation values from the JCG (only the top value is not from the JCG) for different injuries that could be sustained following falls from hospital beds. However, none of the figures included can be guaranteed for any claim since every case is completely unique. 

Special Damages

Special damages is the head of loss that is only sometimes awarded and compensates for the financial effects of the avoidable harm that has been sustained due to a breached duty of care. For example, a financial cost that could occur is loss of earnings if the avoidable harm has extended your hospital stay, therefore requiring you to have more time off work. 

Because special damages are not always awarded when a claim is successful, having evidence of the finances you have lost due to avoidable harm is very important. Payslips, receipts, invoices, and bank statements can all be gathered as proof. 

So, give us a call at a time that suits you to find out what you could receive compensation for if your hospital negligence claim turns out successful. 

Can Patients Claim For Falling Out Of Bed In Hospital With A No Win No Fee Solicitor?

The answer to the question, “Can patients claim for falling out of bed in a hospital with a No Win No Fee solicitor?” is yes. If our advisors confirm that your hospital negligence compensation claim is eligible, then you will be connected to our specialist solicitors. They particularly offer their services under a Conditional Fee Agreement (CFA). A CFA is a No Win No Fee agreement type. 

You will benefit from having a solicitor offer their services under a CFA by not being charged for these services before or during the claims process or if your claim is unsuccessful. 

Instead, your solicitor will take a success fee from your compensation if your claim is successful. Success fees are a percentage that is legally capped to ensure you always receive the majority of your compensation value.  

Contact Us

If you or someone you know has been harmed due to falling from a hospital bed, and you believe it was a healthcare provider’s fault, contact us today. Our medical negligence team of advisors are available to discuss your case with you. They can potentially point you in the right direction to claim compensation. 

• Call 0800 073 8804. 
• Message in our live support chat on the screen. 
• Claim online by entering your details. 

Learn More About Claiming For Accidents And Injuries In Hospital

Our guides about claiming medical negligence compensation:

• Find out how to prove hospital negligence claims and the types of evidence that are best to collect.
• If you experienced medical negligence in a private hospital, see how you can claim compensation.
• Browse some different examples of hospital negligence for more information on how hospital staff could cause avoidable harm by breaching their duty of care.

Information from external sites:

• Gov.UK – find out how to claim Statutory Sick Pay (SSP) if you have had time off work.
• NHS – a leaflet on reducing falls in hospitals, how hospital staff conduct risk assessments, and the use of bedrails.
• General Medical Council (GMC) – what good medical practice is expected from doctors.

Thank you for reading our guide today. We hope to have answered the question, “Can patients claim for falling out of bed in hospital?”. If you need more questions answered or further advice, please feel free to speak to our advisors at any time. 

The government’s Whiplash Reform Programme was introduced in 2021 with the aim of speeding up the small claims process and reducing costs.

We conducted an investigation to see if the programme was on track with its aims and intentions. LegalExpert.co.uk however found that, since its launch, there has been a host of issues with the online claims portal including delays in settlements and a backlog of unresolved claims.

Below are the results of our research.

Is the Whiplash Reform Programme in need of urgent reform?

There are huge delays and a backlog of more than 400,000 unresolved claims since the introduction of the Whiplash Reform Programme 2021, an investigation by legexpert.co.uk has found.

System pitfalls are resulting in fewer claims being processed and insurance premiums are skyrocketing despite promises they would be reduced following the reform programme.

An online personal injury claims portal was introduced by the Ministry of Justice in 2021 as part of the Whiplash Reform Programme in which small claims could be processed online without the need to go to court or for legal representation. 

It touted faster claim processing times as well as a promise to clamp down on fraudulent whiplash claims.

What’s more, insurance companies stood to save a lot of money from these reforms but the government vowed that these savings would be passed on to drivers through lower premiums. 

Prior to the reforms, the insurance industry claimed that lower-value personal injury claims were responsible for rising motor premiums. 

But our investigation has found that not only have insurance premiums continued to rise, the majority of small claims still need to be processed.

We found that a total of 702,904 claims have been made since the portal launched. Only 130,593 claims were for whiplash only. 

The latest figures up to December 31st, 2023 show that 406,169 personal injury claims are currently ongoing.

Latest figures for Whiplash Portal Performance

A mere 190,686 have been ‘settled and closed’, meaning that the process is complete. 

A total of 103,867 claims have been rejected or ‘exited the process.’ The majority of which (964) exited with the reason as ‘rejected liability,’ meaning the compensator did not accept liability and the claimant therefore ended their claim.

46,652 claims were ‘removed’, meaning they were deemed unsuitable for the process for one of a number of reasons.

Delays prompted an inquiry from the House of Commons Justice Committee in which committee chair, Sir Bob Neill, said the portal was not meeting the government’s aim to simplify and speed up the claims process. 

The committee also mentioned that the government estimated its whiplash reform programme would save more than £1.2bn from the cost of providing motor insurance, with that saving passed on to motorists. 

But such savings are not to be seen. 

So who is responsible for invoking change?

We found that the new claims portal is operated by the Motor Insurance Bureau (MIB) under the regulation of the Ministry of Justice. However, the portal itself has been set up by a private company, Official Injury Claim Limited (OICL) which then contracts the work to the MIB. The MIB is funded by insurance premiums, which raises concerns over a potential conflict of interest between the processing of claims and those responsible for paying out compensation.

The firm stipulates that it is a not-for-profit organisation. However, the very fact that the firm is private means that there is technically no legal obligation to be held accountable for any delays or backlogs. 

That being said, of course, regulations will be upheld by the MIB – but there appears to be a clear lack of urgency. The Motor Insurance Bureau has been contacted for comment. We are awaiting a response. 

Specialist legal advice and support to anyone who has experienced whiplash or other injuries in a car accident can be found on our website. 

This year (2024) will mark the first ever parliamentary inquiry into Birth Trauma and Birth Injuries in the UK.

According to NHS Resolution, maternity compensation claims actually represent the highest value and highest number of clinical claims? So why is it that the issue is a “real taboo”, as MP Theo Clarke, chair of the Birth Trauma inquiry says.

LegalExpert conducted an investigation into the issue to find out the mortality rates of mothers in the last three years as well as the amount of birth injuries they suffered. In addition, we asked about the amount of compensation each NHS trust had paid out in relation to such claims.

Birth Injuries UK

We submitted Freedom of Information Requests to all NHS Trusts in the UK and asked for data between 1 November 2021 to 1 November 2023.

We defined ‘birth injuries’ in terms of the most common types which are; brachial palsy, bruising or forceps marks, caput succedaneum, cephalohematoma, facial paralysis and subconjuctival haemorrhage.

We also spoke to the CEO of the Birth Trauma Association, Kim Thomas who said: “Birth trauma wasn’t talked about at all until relatively recently and many women tell us they were completely unaware of, for example, the possibility of sustaining injuries as a result of birth.

“We think this is partly because there is a widespread attitude that we shouldn’t make pregnant women feel frightened of labour, but also because there is a tendency to trivialise and ignore women’s health problems. When women do develop trauma symptoms after birth, they are often told by others to “move on” and to feel grateful that they have a healthy baby.” 

LegalExpert’s Investigation revealed the latest figures for birth injuries across UK NHS Trusts,  as well as how much compensation has been paid out to sufferers. See examples of our findings below, please check back as we update this page regularly with new data.

Frimley Health Trust

The NHS Trust in Surrey has paid out £35 million in birth injury compensation in the past two years, between November 2021 and November 2023. 

During that time, Frimley Health NHS Foundation Trust saw 236 incidents of 3rd and 4th-degree tears and a further 95 cases of postpartum hemorrhage.

The trust paid out a total of £34,503,004 in birth injury compensation between April 1, 2021 and March 31, 2023.

Liverpool Women’s NHS Trust

Liverpool Women’s NHS Trust has paid out £12 million in birth injury compensation in the past two years.

A total of £11,827,138 was handed out in obstetric claims between November 2021 and November 2023. 

During that time, there were 289 birth injuries recorded which could include anything from 3rd or 4th degree tears and/or postpartum hemorrhage.

Calderdale and Huddersfield NHS Foundation Trust

A West Yorkshire NHS Trust paid £15 million in birth injury compensation in the past two years.

Calderdale and Huddersfield NHS Foundation Trust confirmed it had paid a total of £15,152,542 in birth injury compensation (paid to the claimant alone) between November 2021 and November 2023.

The Trust also confirmed there were three mothers who died after giving birth during this time, although the causes have not been disclosed.

Wrighton, Wigan and Leigh Teaching Hospital NHS Foundation Trust

£1.5million was paid out by a Wigan NHS Trust in birth injury compensation in the past two years.

Wrighton, Wigan and Leigh Teaching Hospital NHS Foundation Trust paid £1,560,000 between November 2021 to November, 2023.

It also revealed that a total of 149 perineal tears were suffered by mothers following childbirth. Of those, 58 were first degree, 81 were second degree and 10 were third degree tears.

What’s more, around 30 women suffered pelvic fractures (this includes the public bone, coccyx or sacrum) during that time. 

Worcestershire Acute Hospitals NHS Trust

Worcestershire Acute Hospitals NHS Trust confirmed it has paid out a total of £7,575,272 between November 2021 and November 2023.

The trust reported a total of 926 2nd, 3rd and 4th-degree tears suffered by mothers after giving birth during that time.

Second degree tears affect the muscle of the perineum and skin and usually require stitches. But 3rd and 4th degree tears are often far more serious.

By Stephen Hudson. Last Updated 6th March 2025. Welcome to our article discussing common causes of manual handling injuries. In this guide, we take a look at injuries that could be caused by manual handling tasks, meaning transporting or supporting a load by hand or bodily force, which could include lifting, putting down, pushing, pulling, carrying or moving loads.

We also take a closer look at workplace accidents themselves, and how an employer failing to follow health and safety legislation could result in an employee suffering manual handling injuries. Employers have a duty to prevent manual handling injuries; if they fail to do this by breaching health and safety laws, they could be liable for any injuries that result. 

As the guide progresses, we discuss the duty of care employers owe their employees and the relevant legislation that enforces it.

We also discuss what an employer can do to reasonably prevent common causes of manual handling injuries. We end by highlighting common errors when it comes to manual handling tasks.

If you’ve been injured in a manual handling accident at work, you may have the right to claim compensation. Get in touch with our team for free advice and you can find out if one of our expert personal injury solicitors could help you on a No Win No Fee basis. Reach us through any of these routes:

• Call 0800 073 8804.
• Fill out our ‘claim online’ form.
• Talk to an advisor on live chat in the tab below.

Select A Section

1. Common Causes Of Manual Handling Injuries
2. Manual Handling accidents And Employer Responsibility
3. 3 Most Common Types Of Manual Handling Injuries
4. What Are The Signs Or Symptoms Of Manual Handling Injuries
5. What Role Do Employers Have In Reducing Common Causes Of Manual Handling Injuries?
6. How Can Workplaces Prevent A Manual Handling Injury?
7. Claiming For Manual Handling Injuries With A No Win No Fee Solicitor

Common Causes Of Manual Handling Injuries

The Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, puts together annual statistics related to workplace injury and illness. They do this by recording accidents and injuries reported under the Reporting Of Injuries Diseases and Dangerous Occurrences Regulations 2013 RIDDOR. When certain reportable workplace accidents or injuries take place, the employer has a responsibility to report these under this law to the HSE. The HSE will then record these and publish the statistics each year. 

According to the HSE statistics obtained through RIDDOR, the second-highest cause of non-fatal injuries in 2022/23 was handling, lifting and carrying. This accounted for 17% of overall non-fatal causes of injuries.

Common causes of manual handling injuries, for example:

• No training is given, which means an employee suffers a back injury when they try to lift a heavy load.
• The load has no indication of its actual weight. An employee tries to pick up the load but realises it is too heavy, dropping it on their foot, causing several metatarsal fractures.
• An employee suffers a rotator cuff injury through constant manual handling work without taking any sufficient breaks or rest periods. 

Have you been affected by a similar scenario to one of these examples? Call the number above today and learn how, if you have a valid and successful personal injury claim, your settlement could potentially cover the physical pain, mental harm and financial losses caused by a workplace injury. Or continue to read this guide for more advice on common manual handling injuries. 

Manual Handling Accidents and Employer Responsibility

Now that we have outlined some of the common causes of manual handling injuries, you may be wondering what your employer’s responsibilities are to you in the workplace.

As we have stated, your employer must act in accordance with UK laws that aim to protect you from workplace injuries. Therefore, your employer should:

• Have open discussions with employees regarding risks in the workplace and outline measures that should be taken
• Organise, plan, control, review and measure any procedures that are in place to protect you or prevent harm to you
• Conduct risk assessments if they identify risks to their employees’ health and safety
• Provide employees with advice and material relating to health and safety practices
• Write a health and safety policy for the business (if it employs more than five people)
• Provide employees with free Personal Protective Equipment (PPE) where appropriate

You can call our advisors if you have any queries about your employer’s responsibilities. We understand that it may not always be clear to you whether your employer was at fault for your injury. This is why our advisors offer free advice and can explain the eligibility criteria for starting a claim in further detail.

Keep reading to learn more about workplace accidents, including the 3 most common types of manual handling injuries.

3 Most Common Types Of Manual Handling Injuries

The HSE also publish statistics that have been provided from the Labour Force Survey, which is a study of the employment circumstances of the UK population. Key figures for 2022/23 show that 561,000 non-fatal injuries were reported through the Labour Force Survey, with 124,000 causing workers to miss more than seven days of work.

Lifting heavy loads can lead to severe injuries for which a person can be left in chronic pain. 0.5 million workers suffering from work-related musculoskeletal disorders (new or longstanding) in 2022/23 reported by employees to the Labour Force Survey.

Common manual handling injuries include:

• Musculoskeletal disorders.
• Strains and sprains, or other soft tissue injuries.
• Hand injuries, such as broken fingers or other broken bones in the hand.
• Back injuries, spinal damage or slipped discs.
• Shoulder injuries.
• Cuts and lacerations.
• Ankle and foot injuries.

What Are The Signs Or Symptoms Of Manual Handling Injuries?

How do you know when you’ve suffered a manual handling injury at work? Sometimes, manual handling accidents will prompt severe and immediate pain with a clear cause. However, that isn’t always the case. Consider the following signs of injury from manual handling activities, for example:

• A back injury could be identified as chronic if the pain does not go away. Severe back pain, coupled with further issues like weak legs and loss of bladder control, could be symptomatic of a very serious affliction.
• A hernia occurs when an internal part of the body pushes through a weak area of the muscle or its surrounding tissue wall. 
• Broken bones  – according to the NHS, the 3 most common signs of a broken bone are pain, swelling and deformity. 

It’s advisable to seek medical advice after an accident or when injured. As well as making sure you get the right attention, a clear record of injuries and symptoms could be useful evidence in a personal injury compensation claim.

What Role Do Employers Have In Reducing Common Causes Of Manual Handling Injuries?

Employers might not be able to prevent all manual handling accidents, especially in industries where heavy loads have to be moved by hand or bodily force.

However, Section 2 of the Health and Safety at Work etc. Act 1974 states that employers must take reasonable and practicable measures to ensure their employees’ safety. A breach of that legal duty of care could leave employees at risk of manual handling-related injuries.

Employers should take further note of The Manual Handling Operations Regulations 1992 (MHOR), which says in Regulation 4 that, so far as is reasonably practicable, employers should avoid the need for employees to carry out manual handling operations which put them at risk of workplace injury or where it is not reasonably practicable to avoid the need take steps to reduce the risk. 

In the event that an incident results from unsafe practices and is reported, the HSE may investigate. Potential HSE enforcement action against an employer breaking workplace safety law could cost the employer money or even see individuals prosecuted.

You could have grounds to make an accident at work compensation claim if you can show that a breach of the duty of care your employer owes you led to your injuries. To find out more about how to make a claim, and how our No Win No Fee solicitors can help you, please call the number above any time.

How Can Workplaces Prevent A Manual Handling Injury?

With the above in mind, what reasonable steps can employers take to prevent common causes of manual handling injuries? There are numerous options for helping lessen the risk of injuries, such as:

• Providing the option of operating machinery to complete a task instead of manual lifting, where possible.
• Performing regular risk assessments should allow employers to highlight hazardous manual handling tasks and put in safety measures. Potential lifting accidents could be avoided through a thorough risk assessment.
• The employer should always provide proper training where it is deemed necessary so the employee can do their job safely. The employees should always follow and execute this training correctly to avoid injury to themselves and others.
• Always follow guidance given doing a two-person lift alone is a serious risk of injury. A risk assessment should highlight how many people are needed for a job.
• Giving appropriate equipment to help with lifting heavy objects, such as protective footwear or gloves. Employers should also remove or repair defective work equipment if they are made aware of an issue.
• Give the right training to teach employees about manual handling work and how to avoid incorrect lifting.
• Removing obstacles and ensuring lighting is adequate.
• Sharing the load between multiple employees if a load is too heavy. Legislation does not set specific weight limits, but the HSE provides manual handling guidance with suggested figures.
• Not giving employees repetitive tasks in order to reduce risk of chronic strain.

Claiming For Manual Handling Injuries With A No Win No Fee Solicitor

Those eligible to claim for common causes of manual handling injuries could seek the support of a solicitor. One of our No Win No Fee solicitors could help with your work injury claim under a Conditional Fee Agreement (CFA).

A benefit of claiming under a CFA is that your solicitor won’t need payments for their services either upfront or while your case is being processed. If your compensation claim is not successful, then you usually still won’t need to pay for your solicitor’s work.

If your work injury case is successful, your solicitor will take a success fee. That involves them taking a small percentage from your compensation. The way the success fee works is established in the agreement signed with your solicitor. The small percentage your solicitor will take is legally capped to make sure that you get to keep most of your compensation.

Contact our advisors today to learn more about making a work injury claim with a No Win No Fee solicitor. You can also ask other related questions, such as “what are the most common manual handing injuries?” To reach us:

• Call 0800 073 8804.
• Write to us about your potential claim online so we can call you.
• Use the live chat feature on this page.

More Resources 

Here are some further workplace accident claim guides from our collection:

• If you suffered a back injury caused by no health and safety training, we explain how to claim.
• A look at part-time worker accident claims and what your rights are if you do not work full-time.
• Plenty of detail on how our accident at work solicitors can help you.
• We also have a guide on claiming compensation for a transportation and logistics accident.

Also, try these resources:

• How to report a health and safety concern to the HSE.
• Government advice on how to claim Statutory Sick Pay if you miss work through injury.
• NHS guidance on when to call 999 for injuries.

Thank you for reading our guide on common causes of manual handling injuries. If you have any questions about making a compensation claim for your injuries in the workplace, please call any time.

Wrongly prescribed antidepressants can have an array of negative impacts on your health and well-being, from not effectively treating your condition to various side effects. To that end, we provide information on when you could be eligible to start a medical negligence claim for compensation for wrongly prescribed antidepressants.

We look at the duty of care owed by medical professionals to their patients and how failing to meet the correct standard of care can lead to patients experiencing harm. You will also see an explanation of how medical negligence compensation is calculated under the two relevant heads of loss, as well as an overview of how you can prove medical negligence took place.

At the bottom of this page is an overview of how our No Win No Fee solicitors work when they take your claim on, and all the benefits this presents. 

You can reach our advisors at any time. As well as providing answers to any questions you may have, they can assess your eligibility to begin a medical negligence claim free of charge. Contact our team today using the contact information given here:

• Phone on 0800 073 8804.
• Begin your claim online by completing this form.
• Use the live chat button at the bottom of your screen. 

Select A Section

1. Can I Claim Compensation For Wrongly Prescribed Antidepressants?
2. How Could You Have Been Wrongly Prescribed Antidepressants?
3. How To Prove A Claim For Compensation For Wrongly Prescribed Antidepressants
4. How Much Compensation For Wrongly Prescribed Antidepressants Could I Receive?
5. How A No Win No Fee Solicitor Could Help You Claim For The Effects Of The Wrong Medication
6. Further Guidance On Claims For Being Wrongly Prescribed Antidepressants

Can I Claim Compensation For Wrongly Prescribed Antidepressants?

The NHS define depression as a low mood that lasts for weeks or even months and can have a considerable impact on your day-to-day life. Antidepressants are a range of medicines primarily used to treat clinical depression. The most common antidepressants are selective serotonin reuptake inhibitors (SSRIs), as they cause fewer side effects and the danger of overdose is less serious.

They are typically only prescribed for cases of severe depression, or sometimes in cases of mild or moderate depression where other treatments have proved ineffective. Anti-depressant medication can also be prescribed for other mental health problems, such as OCD and anxiety disorders.  

All medical professionals, both those in public and private healthcare, have a duty of care to provide their patients with the correct standard of medical care. Medical negligence, or clinical negligence, is defined as a medical professional causing their patient avoidable harm through a failure to provide care that meets the correct standard.

The criteria to begin a medical negligence claim for compensation after being wrongly prescribed antidepressants are as follows:

1. A medical professional owed you a duty of care.
2. That professional breached this duty by failing to provide medical care that met the correct standard.
3. This breach caused you to suffer avoidable harm.

Our advisory team have substantial experience in assessing medical negligence claims. To find out more about the claims process, or to get a free consultation regarding your eligibility to claim, contact our team via the details provided above. 

What Is The Time Limit For Prescription Error Medical Negligence Claims?

If you want to make a claim for the effects of being prescribed the wrong medication, you will need to abide by the limitation period. A medical negligence claim generally needs to be started within 3 years as per the Limitation Act 1980. This time limit can be counted from the date of knowledge, the date you would have been first expected to realise that negligence had occurred.

Exceptions can apply in certain cases. Patients who were minors when the medical negligence took place have the 3-year limit paused until they turn 18, as they cannot pursue a claim themselves as minors. In cases where the patient lacks sufficient medical capacity to begin a claim, the time limit is frozen indefinitely as they, too, are unable to pursue a legal claim.

While the time limit is paused or frozen, a suitable adult can apply to act as a litigation friend in these circumstances and pursue any legal action on the patient’s behalf. You can learn about the time limits and exceptions that apply to cases of wrongly prescribed anti-depressants by speaking to our advisors. Our team are available24 hours a day via the contact information provided above.

How Could You Have Been Wrongly Prescribed Antidepressants?

Depression is primarily diagnosed by asking the patient about their health, their home and work environment and any stressful or traumatic events that may have occurred. While, generally, there are no physical tests that can be used in the diagnosis, blood and urine tests may be used to rule out other conditions, such as thyroid problems.

Antidepressants can cause nausea, bowel issues, suicidal thoughts and other psychiatric illnesses and seizures, so it is important that before you are prescribed these, the doctor has diagnosed you correctly. We have included some possible scenarios of how a medical professional could incorrectly prescribe antidepressant medication:

• A doctor failed to correctly investigate your symptoms and diagnosed you with depression when you had a different condition. You were prescribed antidepressants, which were ineffective at treating your condition, meaning that your health deteriorated and you suffered adverse reactions to the antidepressant drugs.
• Although you were correctly diagnosed with depression, you were prescribed antidepressants that had an ingredient you had a known allergy to. This led to a severe allergic reaction. 
• Due to suffering from an anxiety disorder, the doctor prescribed you antidepressants. However, they failed to check the other medication you were taking to prevent an adverse drug reaction. Due to the fact you were taking anti-inflammatory drugs, the antidepressants meant you went on to suffer from serotonin syndrome. 

Not all cases of being wrongly prescribed antidepressants will mean a clinical negligence claim is valid. It is only when the prescribing error happens because the doctor or health care facility breached their duty of care and this led to suffering that was avoidable that a claim is eligible. 

There are scenarios that could arise that result in you suffering avoidable harm due to a wrong medication error, whether this is because of the wrong dosage or wrong medicine. To find out if you could start a claim for compensation if you have been wrongly prescribed antidepressants in your specific circumstances, contact our team today via the details provided below.

How To Prove A Claim For Compensation For Wrongly Prescribed Antidepressants

You will need to compile a body of supporting evidence to prove you were wrongly prescribed antidepressants. This evidence will be used to demonstrate the harm you sustained as a result of the medical professional breaching their duty of care. We have provided this list of possible evidence you could collect here:

• The medical records from your diagnosis of depression could be used to demonstrate errors. If you acquired additional treatment to deal with the adverse effects of the wrong medication, you can acquire records of this as well.
• You should also retain your prescription letter as well as the antidepressants, including the packaging and labels.
• A witness statement could be taken from anyone who attended your appointments with you, so make sure you have the relevant contact information.

Will The Bolam Test Be Used In Cases Of Wrongly Prescribed Medication?

The Bolam Test is sometimes used in cases of medical negligence. This is where selected medical experts from the relevant field evaluate the care you received and assess whether the correct standard was met.

You can use any findings from the test as part of your evidence if used. It won’t be applied in every medical negligence case and isn’t something the claimant organises themselves, so you don’t need to worry about this.

Remember, the evidence you collect must demonstrate that the correct standard of care was not provided and this caused you avoidable harm in order to make a medical negligence claim. While you may be dissatisfied with the level of care you received, if the correct standard was met, you cannot begin a claim.

One of our expert medical negligence solicitors could provide support with gathering evidence, such as requesting your medical records. Once our advisors have decided you’re eligible to claim, one of our solicitors could take on your claim and assist with collecting supporting evidence, as well as make sure your claim is brought within the relevant time limit.

Get your eligibility to claim assessed for free today by calling the number given below.

How Much Compensation For Wrongly Prescribed Antidepressants Could I Receive?

Following a successful claim for compensation for wrongly prescribed antidepressants, you will receive a compensation payout under up to two heads of loss. Compensation for the physical and psychological harm caused by medical negligence is awarded under general damages. You may also be entitled to compensation for certain financial losses, which is awarded under special damages, the second head of loss.

To assist in the calculation of a potential value for general damages in your claim, the legal team can make reference to the Judicial College Guidelines (JCG). The JCG publication is a document detailing guideline compensation for different types of harm. We have provided a selection of these figures in the table here.

Compensation Table

Please be advised that the top entry is not a JCG figure and that we have included a compensation table as a guide only.

Special Damages

The second head of loss, special damages, awards for costs sustained as a result of the medical negligence you experienced. Some examples could be:

• Lost earnings if you needed leave from work to recover.
• The costs of travel to and from your place of work once you’ve returned.
• Assistant with domestic duties such as food preparation, cleaning or gardening if you can no longer carry out these tasks safely on your own.
• Various medical expenses such as talking therapy, medications or other out-of-pocket expenses.

Be sure to keep hold of financial documents, such as receipts, tickets and your payslips, as part of your supporting evidence. To get a more in-depth assessment of the potential value of your medical negligence claim, contact our advisors using the details provided below.

How A No Win No Fee Solicitor Could Help You Claim For The Effects Of The Wrong Medication

You can consult our advisors for a no-cost assessment of your eligibility to begin a medical negligence claim for compensation after being wrongly prescribed antidepressants. If eligible, one of our specialist solicitors could offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA).

CFAs provide claimants with some substantial advantages. First of all, there will not be an upfront fee for your solicitor to start working on your claim, generally speaking. Similarly, you will also not be liable for any fees for this work during the actual claims process. Finally, if the claim fails, there is no fee for the solicitor’s services.

Following the success of your claim, you will receive a compensation award. A percentage of this award will be taken by the solicitor before they transfer the remainder to you. This is known as a success fee. Success fees are capped at a maximum of 25% so you, the claimant, will be keeping most of your award.

You can learn more about medical negligence claims from our advisors, who can answer any questions that have arisen during the reading of this guide.

Our team can also offer a free consultation regarding your eligibility to start a medication error claim. They can answer questions regarding claiming for medication errors or prescription errors and whether you can pursue a case against public or private healthcare providers. Contact our team today via the details provided here:

• Phone on 0800 073 8804.
• Begin your claim online by completing this form.
• Use the live chat button at the bottom of your screen. 

Further Guidance On Claims For Being Wrongly Prescribed Antidepressants

You can read more of our guides to making medical negligence claims by following these links:

• Learn more about the eligibility criteria to begin a claim for a missed lumbar fracture and how compensation is calculated.
• You can read this guide to making a complaint about unnecessary surgery and what harm could be caused by such negligence.
• Read more about how our solicitors can help with brain cancer misdiagnosis claims.

We have also provided some external resources you may find useful:

• Find mental health services near you on this NHS webpage.
• Find out about how doctors are regulated in the UK on the General Medical Council website.
• NHS England on reporting patient safety incidents.
• You may be entitled to Statutory Sick Pay. Read more on this government webpage.

Thank you for taking the time to read our guide on starting a medical negligence claim for compensation for wrongly prescribed antidepressants. To find out more about the claims process or to get your eligibility to claim assessed at no charge, speak to an advisor today. Our team are available 24 hours a day via the details provided above. 

By Megan Swan. Last Updated 4th March 2025. If you are wondering what the average payout for medical negligence resulting in death is, and how fatal medical negligence claims work, our guide could help provide the information you need.

We explain the duty of care a medical professional owes their patients and how death caused by failing in that duty could be the basis of a compensation claim.

You can learn who is entitled to claim for the wrongful death of a loved one and the eligibility criteria that need to be met for a medical negligence claim to be valid.

We also cover how one of our No Win No Fee solicitors could make the experience of seeking compensation following a negligent fatality straightforward.

Get in touch for more information as our advisors can offer support and a detailed case assessment, all for free. They could also connect you with one of our experienced medical negligence solicitors who have helped many eligible claimants seek fatal accident compensation. 

For further guidance, you can use the contact details below:

• Phone: 0800 073 8804.
• Website: Ask about your claim online through our form.
• Live chat: Open the tab at the foot of the page.

Select A Section

1. What Is The Average Payout For Medical Negligence Resulting In Death?
2. What Is Medical Negligence Resulting In Death?
3. Who Could Bring A Medical Negligence Claim For Wrongful Fatality?
4. How Can We Help You Claim For Medical Negligence Resulting In Death?
5. How Much Is Spent On Medical Negligence Payouts?
6. What Are No Win No Fee Medical Negligence Claims For Wrongful Death?

What Is The Average Payout For Medical Negligence Resulting In Death?

There isn’t a set average payout for medical negligence resulting in death. This is because every medical negligence death payout is completely unique, and no two claims are ever exactly alike. So, all individual circumstances need to be taken into account.

Following a successful fatal medical negligence claim, compensation for the deceased’s pain and suffering directly prior to their death could be awarded.

Factors that could affect how much is awarded could include:

• What fatal harm the deceased suffered.
• The level of pain and suffering they experienced directly prior to their death.
• Their age at the time of death.

Those tasked with calculating this amount could refer to any evidence provided as well as the Judicial College Guidelines (JCG). The JCG lists guideline compensation brackets for a variety of injuries at varying severities.

We have used some of these figures when creating the following table, aside from the first entry.

Please note that this table should only be used as a guide and that there is no average payout for medical negligence resulting in death. This is because compensation is awarded on a case-by-case basis and is affected by the unique circumstances of each claim.

Other Losses In Fatal Medical Negligence Compensation Claims

There are other forms of compensation that could be claimed. For example:

• Funeral costs.
• Loss of services. For example, help with childcare or home improvement work.
• Loss of a special person. Also known as loss of consortium, this payment considers the effect that losing a companion may have.
• Financial dependency. This payment looks to cover present and future earnings, pensions, or other benefits lost due to a loved one dying. 

Additionally, certain qualifying relatives could receive a bereavement award. Section 1A of the Fatal Accidents Act 1976 sets the bereavement award at £15,120 which can go to the husband, wife, civil partner, or cohabiting partner of the deceased. If the deceased was an unmarried legitimate minor, their parents could receive the payment. If the deceased was an unmarried minor and illegitimate, the mother could receive the payment. More than one party can seek the award, but it will be split between them.

For any further guidance on the average payout for medical negligence resulting in death, please contact an advisor on the number above.

What Is Medical Negligence Resulting In Death?

Medical professionals owe their patients a duty of care to provide care that meets the correct standard. Medical negligence occurs when a medical professional negligently deviates from these standards and causes unnecessary or avoidable harm.

Examples could include a medical professional failing to check a patient’s medical history and providing them with the incorrect medication that they are allergic to causing them to suffer a fatal allergy. Or, they could make a surgical error by leaving a foreign object, such as a surgical tool, in the patient causing them to develop an infection leading to death. 

The eligibility criteria for a medical negligence claim are as follows:

• A medical professional owed their patient a duty of care.
• They fell short of this duty by not providing care to the correct standard.
• This breach of duty led to avoidable harm.

The above criteria must be met in order for a clinical negligence claim to be valid. Call an advisor to find out whether you have valid grounds to pursue compensation on behalf of a loved one. Alternatively, continue reading to find out who could be entitled to bring forward a wrongful death claim on someone else’s behalf.

Who Could Bring A Medical Negligence Claim For Wrongful Fatality?

The Law Reform (Miscellaneous Provisions) Act 1934 (LRMPA) allows the estate of the deceased to bring forward a claim on behalf of the deceased for their pain and suffering. 

The Fatal Accidents Act 1976 (FAA) provides dependents with the opportunity to claim for ways that negligent medical treatment leading to a loved one’s death affected them specifically. The FAA’s definition of a dependent includes:

• A wife, husband, or civil partner of the deceased (current or former).
• Someone who lived with the deceased as a spouse for two years before their death.
• A parent or other ascendant of the deceased, or anyone they treated as a parent.
• A child or other descendant of the deceased, or someone the deceased treated as a child, such as because of a relation through marriage or civil partnership.
• The brother, sister, uncle, or aunt of the deceased, or any of their children i.e. the cousins of the deceased.

Please call if you have questions about medical negligence claims and if you could claim after a loved one was fatally harmed by medical negligence. Our advisors offer free advice and you could learn if one of our medical negligence solicitors could help you claim.

How Can We Help You Claim For Medical Negligence Resulting In Death?

Having the support of a qualified and experienced solicitor has numerous benefits when seeking medical negligence compensation on behalf of a loved one.

There are many steps to the medical negligence claims process, and a solicitor can help you through them, including gathering evidence to build and strengthen your case to prove medical negligence and putting forward your claim in full within the relevant time limit. Additionally, they can keep you updated on the progress of your claim.

Furthermore, with their knowledge of fatal medical negligence payouts, they can work towards getting you the most suitable and appropriate settlement for your specific case.

Read on to find out more about how they can offer these services via a No Win No Fee arrangement.

How Much Is Spent On Medical Negligence Payouts?

According to the latest NHS Resolution annual report and accounts, £2.8 billion was spent resolving clinical negligence claims in 2023/24 (with associated costs) for patients and their families. This is more than in 2022/23, where the payouts totalled to £2.64 billion.

Additionally, in 2023/24, 13,784 new medical negligence claims were filed against the NHS. This is more than in 2022/23, where there were 13,551.

However, the exact amount that was paid out in wrongful death medical negligence claims by the NHS isn’t readily available. This is because the data from the NHS Resolution has been aggregated across all types of medical negligence cases.

The above data doesn’t account for clinical negligence claims made against private healthcare providers, but does show that the NHS Resolution does indeed pay damages when it is right to do so. With one of our specialist No Win No Fee solicitors by your side, it’s possible that you could receive compensation that is appropriate and fair if a loved one was fatally harmed by medical negligence.

Please speak with us today to learn more about how much compensation for medical negligence resulting in death could possibly be awarded.

What Are No Win No Fee Medical Negligence Claims For Wrongful Death?

One of our medical negligence solicitor’s dedicated services could be available to you under No Win No Fee terms through the provision of a Conditional Fee Agreement (CFA). A CFA allows you access to a solicitor’s services without needing to pay an upfront fee.

You will also not be charged ongoing fees for ongoing costs as the solicitor works on your claim. Should the case end unsuccessfully without you receiving a payout, the solicitor will not charge for their services.

A solicitor will take a success fee if the case wins. They collect a small percentage of the compensation you receive. However, a legal cap on the percentage they can take as set out by The Conditional Fee Agreements Order 2013 guarantees you the majority of your payout.

If you’d like to learn more about how a No Win No Fee solicitor can help you with your fatal medical negligence claim, please call. We can provide a free claim assessment so you can see if one of our solicitors could help you towards a successful claim.

You may have some more questions about fatal medical negligence claims. Alternatively, you might be ready to claim for medical negligence resulting in death and want to see if one of our expert solicitors could take on your case. Whether you need advice or specific guidance, get in touch with us for free legal advice. We can be reached easily and at any time through one of these avenues:

• Call 0800 073 8804.
• Write to us about a claim online so we can call you.
• Talk online through the live chat option below.

Other Resources

These guides provide further medical negligence claim guidance:

• This guide to drug allergic reaction claims explains when you can claim for the effects of being given the wrong medication because of negligent medical treatment.
• Find out how to claim for the effects that could occur from stroke misdiagnosis by a medical professional.
• A guide explaining how to sue a doctor for pain and suffering they caused through negligent care.

These resources may also help:

• NHS guidance on grief after bereavement and help you can get.
• Details on applying for probate from the government website.
• How to get support from Cruse, a bereavement charity.

Thank you for reading our article on the average payout for medical negligence resulting in death. Just call or get in touch online if there’s anything else we can help with.

If your cancer has recently been misdiagnosed and you are wondering whether you have an eligible medical negligence claim, you may also be asking, ”What is the average payout for a cancer misdiagnosis?”. Read through our guide to learn about making a medical negligence claim and how a medical negligence claim cancer misdiagnosis payout is calculated. 

To have an eligible negligent misdiagnosis claim, the misdiagnosis will need to have happened because a healthcare provider or medical professional breached the duty of care that they owed to you. We discuss this when outlining the eligibility criteria for cancer misdiagnosis claims and we also provide examples of how medical professionals could fail to give the correct standard of care.

As the guide goes on, you can learn how to prove medical negligence with relevant evidence. Finally, we explain how our No Win No Fee solicitors help claimants seek compensation for a valid medical negligence claim.

Call today for free legal advice and learn whether our cancer misdiagnosis solicitors could take a look at your claim. Choose any of the below to get started:

• Call 0800 073 8804.
• Use our ‘claim online’ form.
• Talk to an advisor through the live chat option below.

A Guide To What Is The Average Payout For Cancer Misdiagnosis

Select A Section

1. Is There An Average Payout For Cancer Misdiagnosis?
2. Who Could Claim For Cancer Misdiagnosis?
3. What Are Cancer Misdiagnosis Claims?
4. Proving Medical Negligence
5. Begin Your Cancer Misdiagnosis Claim With A No Win No Fee Solicitor
6. Find Out More About Cancer Misdiagnosis Claims

 Is There An Average Payout For Cancer Misdiagnosis?

When making a cancer misdiagnosis claim, you may be interested to know if there is an average payout for cancer misdiagnosis claims. However, although an average could be worked out, because each claim is judged individually on unique circumstances knowing the average would not aid you in any way. However, the settlement for a successful medical negligence claim is formed of up to two parts, or heads.

One such head of claim for medical negligence compensation looks to compensate for physical pain and emotional distress caused by negligent medical care. This is referred to as general damages.

Those calculating injuries for the general damages element of a cancer misdiagnosis settlement might turn to medical evidence for support. They may also look at the guideline compensation brackets found in the Judicial College Guidelines, or JCG.

Compensation Table

The table you can see below uses guideline figures from the JCG. Please note that the top entry is, however, not taken from the JCG. This table should only be used as a guide.

Special Damages

General damages are certain to appear in a payout after a successful medical negligence compensation claim. However, special damages are only a potential second head of claim. Just like in personal injury claims, you can seek special damages to cover financial loss. In a medical negligence claim, this financial loss must come as a direct result of a medical professional causing avoidable harm through substandard care.

With that in mind, keep any payslips, receipts or statements that can prove expenses or reduced income for your medical negligence claim. For example, you may be able to use this evidence to seek compensation for:

• A loss of earnings if you are unable to work while ill or injured.
• Necessary medical costs.
• Travel fees.
• Domestic care expenses.

Call today to learn more about cancer misdiagnosis compensation amounts and to ask how much cancer misdiagnosis compensation you could claim. You could be connected to our medical negligence team. 

Who Could Claim For Cancer Misdiagnosis?

GPs, doctors and specialists like oncologists are all medical professionals who could be responsible for identifying and diagnosing cancer. Regardless of whether they work for the NHS or a private service, all medical professionals owe their patients a duty of care. This duty requires them to give all patients the correct standard of care.

Misdiagnosis does not necessarily mean the duty of care has been breached. However, if a cancer misdiagnosis error happens because of negligent medical treatment, the professional or healthcare provider could be liable for any unnecessary harm the patient experiences that could have been prevented with a correct diagnosis. If it’s left unchecked, cancer can spread and even lead to premature death, so a diagnosis error can be particularly damaging.

You could have grounds to seek medical negligence compensation if you can show that:

• A medical professional owed you a duty of care.
• They failed to provide the correct standard of care, breaching their duty.
• Because of that breach, you suffered avoidable harm.

Limitation Periods

A cancer misdiagnosis claim must start in time to be valid. The Limitation Act 1980 sets out a three-year time limit for starting a claim for medical negligence. The three years could begin either from the negligent care occurring, or from when you learn that a breached duty of care can be linked to avoidable harm.

In certain cases, an exception might be made to this legal time limit. For example, people without the mental capacity to start legal action will have a different time period in which to claim.

If you have any questions about medical negligence claims, their eligibility criteria, and how long you have to claim for cancer misdiagnosis, just call the number above. Our medical negligence team offer free advice that’s available around the clock.

Time Limits To Claim For Negligent Diagnosis

What Are Cancer Misdiagnosis Claims?

These examples highlight clinical negligence and how a negligent misdiagnosis could lead to avoidable cancer complications.

• A GP fails to identify the clear symptoms of prostate cancer and diagnoses the patient with a UTI. Due to a lack of timely cancer treatment, it spreads to other organs.
• A pancreatic cancer patient receives a delayed cancer diagnosis because a specialist misplaced their results and did not find them until a GP chased them up. The delay meant the cancer worsened, and the patient was untreatable.
• While in a hospital, a patient is wrongly diagnosed because a doctor confused their medical records with someone else’s. By the time they finally received a bowel cancer diagnosis, the patient had to have their whole bowels removed.
• A doctor fails to diagnose a patient with breast cancer because they misread the mammogram results. Due to the lack of treatment, a surgeon has no choice but to remove the breast, leaving visible scars that affect the patient’s mental health.

Get in touch through the number above to discuss your potential cancer misdiagnosis compensation claim. Our medical negligence team can answer questions about the average payout for cancer misdiagnosis and offer free advice about claiming for clinical negligence.

Proving Medical Negligence

You must prove your cancer diagnosis was missed, incorrect or delayed because of a medical professional’s breached duty of care. To help with this effort, you could collect, for example:

• Evidence of a medical professional having you as a patient. This helps to establish that they owed you a duty of care.
• Proof of the medical treatment you received. You have the right to request a copy of your medical records from your healthcare provider. Medical records can also show the treatment you had to receive as a result of substandard medical care.
• Witness contact details.
• Proof of any financial loss caused by negligence, in case you seek special damages.

Organising an independent medical assessment during a claim is one of the many tasks a solicitor can carry out for you. The Bolam Test may also be arranged where relevantly trained professionals assess the misdiagnosis of your cancer and judge whether the care met the correct standard or not.

Just give us a call and ask for free guidance if you want to learn more about how to prove medical negligence and how a solicitor can help.

Gather Evidence For A Medical Negligence Claim

Begin Your Cancer Misdiagnosis Claim With A No Win No Fee Solicitor

Having professional legal representation may be exactly what you need to claim compensation, especially if you are being treated for, or recovering from, cancer. Our medical negligence solicitors use their combined years of experience to help claimants throughout the medical negligence claims process. 

If one of our solicitors agrees to take on your case, you would be asked to sign a Conditional Fee Agreement. This is a form of No Win No Fee deal that means you do not pay upfront or during the case for the solicitor’s work. It also means no fee for their services if the claim fails.

Winning means the solicitor takes a success fee, but this is a small percentage of the compensation you receive. Because of a legal cap set out by The Conditional Fee Agreements Order 2013, you are assured of having the majority of a payout set aside for you.

No Win No Fee Medical Negligence Solicitors

Contact Us

Please call if you have any questions related to the average payout for a cancer misdiagnosis, or cancer misdiagnosis compensation more generally. Our medical negligence team of advisors can share guidance and carry out a free claim assessment that will help you see if you have reasonable grounds to seek compensation. If you have a case, you could be connected to a specialist medical negligence solicitor.

There’s no need to wait, as our service is available 24/7. Get started by either:

• Calling 0800 073 8804.
• Asking about making a claim online and we’ll call you.
• Using the live chat pop-up on this page.

Find Out More About Cancer Misdiagnosis Claims

Here are some further guides to making medical negligence claims:

• This lung cancer misdiagnosis guide explains when you can claim for harm caused by negligence.
• How to claim for head and neck cancer misdiagnosis with the help of a No Win No Fee solicitor.
• Find out if you can also claim for being misdiagnosed by video examination.

Additionally, these resources could be helpful:

• An NHS directory for cancer information and support.
• Government advice on claiming Statutory Sick Pay from your employer.
• The General Medical Council explains its professional standards for doctors.

Thank you for reading our guide on whether there is an average payout for a cancer misdiagnosis claim. If you want any support, then just give us a call or reach out online and an advisor could connect you to our medical negligence team.

Following negligent hospital treatment, you may be wondering if you could claim compensation for the harm you sustained. We explore examples of hospital negligence for which you could potentially begin a medical negligence claim if you meet the eligibility criteria.

You will also see information on the resources that can be used to calculate compensation for medical negligence and how one of our specialist solicitors could support you throughout the medical negligence claims process. 

The end of this guide provided details of the No Win No Fee contract offered by our hospital negligence solicitors, making particular reference to the benefits claimants can experience when starting a claim with us under such a contract.

Our advisory team is available 24 hours a day to take questions, address your concerns, and offer a free consultation regarding your eligibility to claim for clinical negligence. You talk to us by:

• Calling an advisor on 0800 073 8804
• Completing our “Claim Online” form.
• Clicking the live chat button in the bottom left of your screen. 

Select A Section

1. How Can We Help With Hospital Negligence Claims?
2. Eligibility To Claim For Medical Negligence
3. Medical Negligence Claims For Hospital Infections
4. Examples Of Hospital Negligence Involving Surgical Errors
5. How Could Negligent A&E Treatment Occur?
6. Examples Of Hospital Negligence Claim Payouts
7. Make A Medical Negligence Claim With A No Win No Fee Solicitor

How Can We Help With Hospital Negligence Claims?

We understand it can be a confusing and difficult time when hospital negligence occurs. Starting the legal process for a hospital negligence case can seem daunting at first, which is why we assist claimants from start to finish. Our expert hospital negligence solicitors can support you throughout your medical negligence claim, guiding you through tasks such as:

• Collecting supporting evidence for your hospital negligence claim, including collecting witness statements, helping you value your financial losses, and acquiring relevant medical records.
• Corresponding with the healthcare provider on your behalf.
• Ensuring your claim starts within the relevant time limit.

Our advisors are on hand 7 days a week to address your concerns, provide a more detailed explanation of the claims process, and assess your eligibility to claim at no cost to you. Get in touch with the team today using the contact information given above.

Eligibility To Claim For Medical Negligence

Medical professionals owe a duty of care to all patients they are providing treatment to. This duty applies to both public and private healthcare. Medical professionals are required to provide care that meets the correct standard. By failing to meet this standard of care, medical professionals can cause their patients to suffer avoidable harm. 

To begin a medical negligence claim following inadequate hospital treatment, you will need to show the following:

1. You were owed a duty of care by a medical professional.
2. This medical professional failed to uphold their duty of care by providing medical care that was not of the correct standard.
3. You suffered avoidable harm as a result of this failure.

The term “avoidable harm” refers to the harm that you would not have experienced had the medical care you received met the expected standard. We will provide some examples of hospital negligence causing avoidable harm that you could potentially begin a claim for in the following sections.

For a free assessment of your eligibility to begin a claim for hospital negligence or to ask any questions you may have regarding the medical negligence claims process, contact our dedicated advisors via the details given above.

Time Limits In Hospital Negligence Claims

Medical negligence claims are bound by the limitation period set out by the Limitation Act 1980. This means you generally have 3 years to begin your claim. This can be counted from the date of the medical negligence itself, or from the date you would have first been expected to connect the avoidable harm you sustained with the negligent action. This is known as the date of knowledge.

Exceptions can be made to the general 3-year limit, such as in cases where the injured person is a minor or of a limited mental capacity.

Our dedicated and experienced team can answer any questions you may have about the limitation period, as well as advise you as to whether any exceptions apply to your claim. Contact the team today using the details given above.

Medical Negligence Claims For Hospital Infections

A hospital infection can refer to a wide range of medical conditions, such as an MRSA infection, that stem from hospital staff failing to follow the correct hygiene measures. An example of a medical professional’s care falling below the correct standard and causing a hospital infection could be:

• Following a surgical procedure on your leg, nurses failed to change the bandages regularly. This negligent medical care resulted in your wound becoming infected, presenting a serious risk to your health.

Examples of Hospital Negligence Involving Surgical Errors

Surgical errors are mistakes that happen during different kinds of surgeries. This could mean the issue the surgery was intended to rectify was not fixed or that further harm and complications have been caused by negligent surgeon’s. Surgical errors can also include unnecessary surgery, where operations were performed when they did not need to be. As an example:

• During a heart surgery, medical equipment, such as a scalpel was left inside your chest cavity. A second surgery was therefore required to remove the scalpel. Foreign object retention is known as a never event, a serious case of misconduct that was wholly preventable if the proper procedures were followed.

How Could Negligent A&E Treatment Occur?

Errors in the Accident and Emergency (A&E) department can cause exacerbation of medical emergencies, with potentially serious consequences for patients. An example of negligent treatment in an emergency services department could be:

• Doctors in A&E correctly diagnosed you as having a severe allergic reaction but administered the wrong dosage. The resulting overdose caused a worsening of your already serious condition.
• Doctors or other hospital staff acted negligently in a way that led to an accident where you fell out your hospital bed.

There are many other examples of hospital negligence that could occur, such as receiving an incorrect diagnosis, medication errors or negligent delays in treatment. Delayed treatment and wrong diagnosis resulting from negligent care can mean your medical condition worsens. 

If you believe you have experienced medical negligence, contact our advisors for a free assessment of your eligibility today. 

Examples Of Hospital Negligence Claim Payouts

Compensation awards for a successful hospital negligence claim can be comprised of up to two different heads of loss. Your physical and psychological pain and suffering from medical negligence will be compensated under general damages. Monetary losses associated with the avoidable harm caused by the medical professional’s breach of duty can be compensated under special damages.

Those responsible for calculating a possible value for the harm you sustained can refer to your medical evidence alongside the figures from the Judicial College Guidelines (JCG). The JCG publication contains detailed information regarding a number of different types of harm, with guideline compensation amounts for each. You can see some relevant examples of hospital negligence compensation payouts taken from the JCG in the table below.

Compensation Table 

Please be advised that the top entry was not taken from the JCG figures. Furthermore, this information is intended as guidance only owing to the individual nature of medical negligence claims.

Special Damages

As specified above, the second of the two heads of claim is known as special damages. We have provided some examples of financial losses that could be reimbursed as part of your hospital negligence claim here:

• Loss of earnings from the time taken off work to recover from the harm you sustained. You could also receive compensation for a loss of future earnings if your capacity to work has been reduced.
• Costs of support in the home, such as cleaning, meal preparation, and care of your outside spaces, if you are unable to carry out these duties by yourself safely.
• Modifications to your home, such as access ramps if you have lost mobility.
• You could claim back the costs of transport to and from your place of work if you cannot drive yourself.
• Medical bills, such as for prescriptions.

You will need to provide evidence of financial losses you incurred to be compensated under special damages. Be sure to hold onto copies of any receipts, invoices, payslips, and other bills that demonstrate you incurred monetary losses.

Our advisors can provide a more detailed estimate of the compensation you could receive following a successful hospital negligence claim. They can also assess your eligibility to start legal action free of charge. Contact our team today using the information given below.

Make A Medical Negligence Claim With A No Win No Fee Solicitor

Contact our advisors for a free assessment of your eligibility to claim for substandard care leading to avoidable harm in a hospital. If eligible, one of our solicitors who specialises in medical negligence claims could offer to take on your case under a Conditional Fee Agreement or “CFA.”

The CFA is a type of No Win No Fee contract that provides claimants with some key benefits. First of all, there are no initial fees for the solicitor to commence work on your case in most circumstances. You will similarly not be charged for this work during the legal process. Lastly, if your claim is unsuccessful, you will not pay for the solicitor’s services.

If your claim has a successful outcome, you will be awarded a medical negligence compensation payout. The solicitor will subtract a percentage of this compensation as their success fee, before transferring the rest to you. Since there are legal restrictions on the percentage amount solicitors can charge as a success fee, you will therefore keep the most of any compensation payout you receive. 

Our advisors are available 24 hours to a day provide further guidance on examples of hospital negligence you could begin a claim for. They can also offer a free assessment of your eligibility to claim for your particular circumstances. Contact the team today via:

• Phone on 0800 073 8804
• Completing our “Claim Online” form.
• Clicking the live chat button in the bottom left of your screen. 

Further Resources On Hospital Negligence Claims

See some of our other medical negligence claims guides:

• Read about how our solicitors could help you prove medical negligence occurred in your particular circumstances.
• Learn who could be eligible to make MRSA claims after contracting an MRSA infection in a hospital.
• Find out about the compensation you could be entitled to if you were misdiagnosed by video examination here.

We have also included these external resources that may be of some use:

• The General Medical Council are the UK’s independent regulator for doctors. Learn more about the work they do on their website.
• Read the NHS Constitution for England on this Government page.
• The NHS has published this resource containing useful medicines information on prescriptions and over-the-counter medications.

We’d like to thank you for taking the time to read this guide on examples of hospital negligence you could start a claim for. For a cost-free assessment of your eligibility to claim or to get answers to any questions you may have, speak to our dedicated and friendly advisors today. You can reach the team 24/7 via the contact information given above.

By Stephen Hudson. Last Updated 7th August 2024. If a loved one received negligent treatment while in the care of a hospital that led to their death, this guide explains who could make a compensation claim for their death by hospital negligence.

If someone you love has passed away due to fatal harm caused by a medical professional failing to provide the correct standard of care, you can learn who can claim on behalf of the deceased for their pain and suffering before they passed and what family members could receive compensation if they were dependent on the deceased.

As well as looking at the wrongful death claim process, we look at the time limits in which such claims need to be initiated within the courts and how medical negligence payouts are calculated for negligent medical treatment.

Going through the legal process may be particularly difficult for people who are having to adjust to losing someone close to them. With that in mind, the guide ends by noting how our No Win No Fee solicitors can help a medical negligence claim proceed smoothly.

If you have any questions or want to discuss whether you can pursue a wrongful death claim for compensation, our team of advisors can provide a free and confidential consultation. To reach us, either:

• Call 0800 073 8804.
• Visit the ‘claim online’ section of our website to arrange a call.
• Open the live chat tab at the foot of the page.

Select A Section

1. How To Claim For A Death By Hospital Negligence
2. When Can I Claim For A Death By Hospital Negligence?
3. What Could Be The Cause Of A Hospital Negligence Death?
4. Could You Sue The NHS For A Death Caused By Hospital Negligence?
5. How Much Could You Claim For Fatal Hospital Negligence?
6. Why Choose Us For A No Win No Fee Medical Negligence Claim

How To Claim For A Death By Hospital Negligence

Keep two pieces of legislation in mind when considering whether a claim due to death by hospital negligence is eligible. 

Firstly, the Law Reform Miscellaneous Provisions Act 1934 (LRMPA) explains that the deceased’s estate can recover damages for the pain and suffering the person experienced before they died. In the first six months after the death of the deceased, only the estate can put forward a claim on behalf of the dependants when it is claiming for the injury suffered by the deceased.

If no claim is brought by the deceased’s estate within the first 6 months, the dependants can then proceed to make their own claim for the effect the death has had on them. However, it is only the estate that can make a personal injury claim for the pain and suffering on behalf of the deceased. 

The Fatal Accidents Act 1976 (FAA) allows qualifying relatives to claim compensation if they were financially dependent. This will cover any financial dependency they had on the deceased for funeral expenses and bereavement, meaning how the death affected them.

Any of the below may be able to claim as a bereaved dependent:

• A husband, wife or civil partner. This could also include an ex-partner.
• Someone who lived with the deceased as their spouse for at least two years before their death.
• The deceased’s parents, or someone they regarded as a parental figure.
• Their child or other descendant, including someone they treated as their child, like a stepchild.
• A sibling, aunt or uncle of the deceased.

You could instruct one of our expert medical negligence solicitors to help you through the medical negligence claims process, whether you’re seeking compensation alone or alongside other dependants.

A specialist solicitor can use their experience of the process to ensure each step is followed correctly while keeping you updated throughout.

To learn more or ask whether you can claim for medical negligence resulting in death as a dependent, please call the phone number above and speak to an advisor.

How Long Do You Have To Claim For A Death By Hospital Negligence?

The time limit for fatal medical negligence claims is usually three years. The exact start time for this time limit will depend on certain circumstances. It may start from either the date the affected person died or from the date of knowledge.

The date of knowledge may be formed on the date of an inquest or the date of a postmortem. That’s because it may not be until an inquest or postmortem takes place that the deceased’s family receives confirmation that death by hospital negligence occurred.

For more advice about your eligibility to claim on behalf of a loved one who died due to hospital negligence, you’re welcome to contact our advisors for free today.

When Can I Claim For A Death By Hospital Negligence?

The LRMPA states that the deceased’s estate is the only party that can claim in the first six months after they pass away. The estate can claim on behalf of dependents, as well as in light of the deceased’s suffering.

Once six months pass, dependents can launch their own claim for the impacts the death has had on them, this can include financial impacts and loss of consortium, but only if there has been no claim from the estate.

However, only the estate can claim for the pain the deceased experienced before death. Dependents are meanwhile able to seek compensation for the way the death affected them personally.

What Could Be The Cause Of A Hospital Negligence Death?

To be able to claim for death by hospital negligence, it will need to be proven that the deceased was fatally harmed due to the medical professionals working within the hospital failing to adhere to their duty of care.

There are various ways that someone could be fatally harmed within a hospital due to medical professionals breaching their duty of care. Some examples include:

• A surgeon is not paying attention during an operation, causing them to puncture a vital organ and resulting in the patient dying from blood loss.
• Hospital staff fail to recognise or acknowledge the clear signs of sepsis within a patient, meaning that the patient does not receive treatment in time, causing the sepsis to spread and they die.
• Nursing staff within a hospital administer too much of a medication to a patient, causing them to overdose and be fatally harmed.

These are only a few potential examples of scenarios where a hospital negligence death claim could be made. If you have any questions, you can contact one of the members on our advisory team.

Could You Sue The NHS For A Death Caused By Hospital Negligence?

Regardless of whether the death by hospital negligence happened in an NHS-led hospital or at a private healthcare provider facility, compensation can be sought if the claim is valid.  Any healthcare professional such as a:

• Nurse.
• Doctor.
• Surgeon.
• Anaesthetist.
• Specialist.

All have a duty of care to look after their patients. If they fail to uphold this duty by not giving the correct standard of care, and this leads to a death, it could be classed as medical negligence. This could mean an eligible wrongful death claim is possible.

A claim could be made against the NHS if negligent medical treatment occurred in an NHS hospital or other facility. It is similarly feasible to sue a private hospital for fatal medical negligence.

Please call if you are unsure whether you can claim for a death by hospital negligence and the actions of medical professionals. Our advisors can talk you through how the claims process works and assess the potential medical negligence death claim for free.

How Much Could You Claim For Fatal Hospital Negligence?

You may be wondering what you could receive if the claim for medical negligence resulting in death is successful.

Fatal medical negligence compensation can address several financial implications and other factors. Section 1A of the FAA confirms a fixed bereavement award of £15,120 can be paid to the deceased’s husband, wife, civil partner or spouse who had lived with them for their final two years, or longer. Alternatively, the figure could go to the parents of an unmarried minor. The award is split between each person who claims it.

Payments that could also be included are:

• Dependency. If a family member was dependent financially on the deceased such as a spouse or child, they will be awarded compensation to account for this loss. This aims to cover present and future earnings, pensions or benefits lost due to the fatality for family members.
• Loss of services, such as childcare and home improvement.
• Funeral expenses and funeral costs.
• Loss of consortium, otherwise known as loss of a special person. A monetary value cannot be placed on losing a loved one, but this payment tries to account for the effect the loss of companionship could have.

Furthermore, as previously stated, the estate can claim for the physical and mental harm caused to the deceased before their death by the hospital’s negligence. 

The table below shows guideline compensation brackets for various injuries, taken from the Judicial College Guidelines (JCG.) Those involved with calculating medical negligence compensation for a claim may use the JCG for guidance as well as medical records or any other medical evidence. 

Compensation Table

This table, featuring JC guideline brackets, should only be used as a guide or alternatively, you could use our medical negligence claim calculator. The actual award will vary from case to case. Please note that the top entry is not from the JCG.

Our advisors assess fatal medical negligence claims for free. If, as a family member, you want to seek compensation in a wrongful death claim, call today for free.

Why Choose Us For A No Win No Fee Fatal Medical Negligence Claim

Our solicitors have years of combined experience in helping bereaved people with the medical negligence claims process.

If you have a valid claim as a dependent, you could sign a Conditional Fee Agreement with a medical negligence solicitor. This is a form of No Win No Fee contract that means you will not be charged a solicitor fee upfront or during the claim. Losing the case means your solicitor will not pass on the costs of pursuing your claim.

Should you win the case, your solicitor collects a success fee, which is a percentage of the payout you receive. Due to The Conditional Fee Agreements Order 2013, there is a set legal cap on how much of a percentage they can capture.

Contact Us

Whether you have questions about how much compensation can be awarded for a medical negligence claim or want to get a compensation claim for fatal medical negligence started, we are ready to help.

Our medical negligence team of claims advisors have plenty of relevant guidance about making a medical negligence claim and information to help you with your next steps. They can answer any clinical negligence claim questions you might have.

If we discover you have grounds to claim clinical negligence compensation following a loved one’s death caused by hospital negligence, you could be connected quickly to one of our medical negligence solicitors. A solicitor could share even more guidance about the claims process.

Speaking to us is free and although we make the process of starting a claim very straightforward, there is no obligation to do so. Learn more today by either:

• Calling 0800 073 8804.
• Write to us about your claim online so we can get back to you.
• Use the live chat pop-up below.

Further Resources

Learn more about the wrongful death claims process here:

• How much compensation can you claim for a wrongful death? This guide explains claims for a fatal accident in detail.
• A close review of who can claim compensation under the Fatal Accidents Act (FAA.)
• Our guide to care home negligence death claims notes how a No Win No Fee solicitor could help.

These further resources may be of help:

• Support from the NHS on dealing with grief and the loss of a loved one.
• Citizens Advice explains what to do after a death and when a coroner is needed.
• Government guidance on applying for probate, the legal right to handle a person’s estate after they die.

Thank you for reading our guide to claiming compensation for a death by hospital negligence. If we can help with your claim against a hospital, please get in touch today.