Compensation is not used to punish!

To many people compensation is almost a dirty word, conjuring up images (mostly thanks to our American friends) of multi-million pound settlements for seemingly minor injuries. Unfortunately this misconception can make people uncomfortable seeking the compensation they are entitled to. We often see clients who appear almost apologetic that they are seeking the compensation that they need. A better understanding of how compensation functions in English Law is often enough to dismiss these concerns.

In England you only receive compensation to ensure you are not left “out of pocket”, now or in the future, as a result of your injury. Its aim is to put the injured person in as close a position as possible to where they would have been had the damage not occurred. For example, if you are unable to work due to your injury and lose wages, compensation can be awarded to cover the amount that you would have received had you been working. You do not profit from being injured, the law simply ensures that you do not lose out because of it.

Compensation in English Law is fundamentally linked to actual loss. No money is awarded to punish the other side and any compensation awarded is solely to compensate the injured person, as far as money ever can, in proportion to their actual loss.

In many cases defendants will admit that they have made a mistake relatively early in the claim, but will fiercely contest the consequences that this mistake has on the patient, and so how much compensation is due. Due to legal system’s approach to compensation you can be certain that every penny an injured patient receives has been rigorously argued over, comprehensively justified and is linked to a real loss they either have suffered or will suffer in the future.

At Armstrong Foulkes we seek to ensure that no one should ever feel like they are doing something wrong by simply seeking the compensation they are entitled to after suffering due to the negligence of a medical service provider.

Dan Richardson – August 2014