1. The first part is for compensation for the injury itself, known as General Damages.
2. The second part is for compensation for your financial losses, known as Special Damages.
When considering general damages for personal injury, each claim will be judged on it’s own merits. Some factors to be taken into consideration will be the nature and severity of your injury and consequent symptoms. Your age, occupation and the extent to which the injury interferes with that occupation. Also your leisure activities and finally, your domestic responsibilities are also taken into account. Sometimes, compensation can be awarded for “handicap on the open labour market”. This situation will apply where the accident victim is able to remain at work despite the injury, but their employment is less secure than before. In order to succeed under this head of general damages, it has to be shown that if the person were to be dismissed from their job, they would have difficulty in getting alternative employment.
In regard to special damages, if your accident has caused you to take time of work, then you will probably have suffered loss of earnings which is normally calculated by taking the average of your wages over a 13 week period prior to the accident. If your injury happens to be more serious and enough to make you leave your job, then a claim can be made for your future loss of earnings. This claim would comprise of the earnings you would have achieved – but for your accident. In most cases we can offer a no win – no pay option.
Clinical Negligence or Medical Negligence claims arise as a result of healthcare professionals acting against the interests of your health or failing to act at all. Mistakes can arise at the diagnosis, treatment or surgical stage. Our specialist Barrister’s deal with hundreds of negligence compensation claims against both the NHS and Private Practice covering a wide range of circumstances including, but not confined to :-
- anaesthetic negligence
- birth injury
- cancer misdiagnosis
- cosmetic surgery
- dental negligence
- surgery, hip or knee replacements
- general orthopaedic matters.
We can also provide assistance with Coroner and Inquest hearings. There is usually a 3 year time limit on compensation claims starting from the date of the incident, so it is important that you act quickly and seek legal advice as soon as possible.