MEDICAL NEGLIGENCE COMPENSATION CLAIMS ADVICE
One In Five Are Victims
Every year the healthcare profession faces a substantial bill for insurance cover to protect against claims for medical negligence compensation. Almost one in five patients are the victims of a clinical error which causes personal injury at some point in their lives either when they are an in-patient or when being treated at home by a doctor or consultant. If you fall into this category and have been the victim of a mistake by a healthcare professional it is vital that you take legal advice soon as possible after the event if you want to claim damages for any personal injury that you have suffered. There are time limits on when claims can be made and substantial delay can mean that the opportunity to claim compensation may be lost forever.
Lump Sum And Periodical Payments
When medical negligence compensation is awarded to settle a claim it is typically paid in one lump sum so that a line can be drawn under the situation and both parties can move on however there are some circumstances where both a lump sum and periodical payments can be awarded particularly when the estimated lifespan of the claimant is in issue.
General Damages & Special Damages
The purpose of medical negligence compensation is to put the claimant back into the position that they would have been in had the injury not occurred. Whilst this is a realistic proposition for actual financial losses such as wages loss or the cost of care, it is not so easy when it comes to damages for pain and suffering. For the sake of convenience damages are therefore divided into two categories called general damages and special damages.
Special damages represents compensation for items that can be calculated easily and accurately and includes wages losses, care costs and expenses already incurred.
General damages represents compensation for items that cannot be calculated accurately where there is usually an element of estimation which includes the amount to be paid for pain and suffering.
Assessment Of Damages
Assessment of the amount of general damages to be awarded is usually carried out by a judge after representations are made to him by the lawyers for both sides. The judge is entitled to make reference to previously decided cases, to his own experience of settling cases both as a judge and as a practicing lawyer and is also guided by suggested rates of settlement put forward by the Judicial Studies Board in a publication called the Guidelines for the Assessment of General Damages in Personal Injury Cases. A helpful book which outlines hundreds of previously decided damages cases, often referred to by lawyers, called 'The Quantum of Damages' by Kemp & Kemp is available for consideration in most public libraries.
Free Legal Advice
We can offer you advice on your specific situation either in person or over the phone. If you want to find out if you have a good case and how much money your claim may be worth, don’t hesitate to get in touch with our experts today. Regardless of your decision, you are never under any obligation to use our service. For free advice just complete the contact form and a specialist solicitor will phone you as soon as possible. If after talking to us you decide to proceed no further then you are under no obligation to do so and you will not be charged for our initial advice.
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