You can claim compensation for your injuries and these are called general damages and you can also claim for any financial losses caused by the negligent medical care and these are called special damages
The amount of general damages will depend on the severity of your injury, the effect it has had on you and how long it takes you to recover. We will need you to be seen by an independent medical expert so that we can obtain a medical report on your injury and its affects.
We need a medical report on the full effects of your injuries to enable us to calculate the value of your claim. If we have a medical report out assessment of the value of your claim will be more accurate than if we do not
The amount of special damages will depend on the expenses that you have incurred as a consequence of your injury such as travel expenses, prescription charges, the value of care provided to you by relatives/friends, any medical fees, loss of earnings, damaged possessions. It is helpful if you keep receipts of the expenses you incur as it will make it easier for us to prove your losses.
Past and Future losses can be claimed but interest will only be paid on past losses once proceedings have been issued on your behalf. Interest cannot be claimed on future losses.
If you were partly to blame for your injury, your compensation may be reduced to reflect your share of the blame. Although, this can but rarely happens in medical negligence cases.
Sometimes if a claim is disputed, the Defendant will offer reduced compensation as a compromise and to entice early settlement. If this happens, we will advise you on whether the reduced sum should be accepted, or whether your case should proceed to court.
The Defendant is under an obligation to repay to the government any social security benefits which you have received as a result of your injury up until the date of the compensation award.
The Defendant can deduct these from your compensation on a “like for like” basis. For example if you have claimed benefits from the state because of you were unable to work because of your injury a claim will be made on your behalf for your loss of earnings and any benefits paid to you by the state will be repaid on your behalf to the government by the Defendant and you will receive compensation for your loss of earnings.
How we can help
We can provide you advice on any tertiary advice and assistance that you may require during the life of your claim. If the Defendant admits liability for your injury we can apply for an interim payment of damages on your behalf. We can also assist you in obtaining receipts/proof of expenditure from third parties as part of your claim.