What Can I Claim?

Following on from Kathryn’s article entitled “What is needed to prove medical negligence” (October 2013) I wanted to briefly explain what happens next in your claim.

If we can say that there is a claim for negligence we will then look to determine what we call the Quantum of your claim, or how much your claim is worth.

When assessing how much compensation you can claim we look at the following:

  • Pain, Suffering and Loss of Amenity – which is the injury itself and the impact on your daily living; this is all confirmed by one of our medical experts.  This is a subjective award based on guidelines and previous awards in similar cases.
  • Special Damages – these are any other ‘financial losses’ that we can put a figure on.  Such losses can include, but are not limited to:

Loss of earnings/pension

Care and assistance – whether professional or from family members


Aids and Equipment

Treatment Costs

Travel Expenses

Dependency Claims, i.e. loss of childcare, DIY, housework

Funeral Expenses

Bereavement Award – a set sum of compensation for the loss of a husband or wife or a child under the age of 18

We will look to recover everything we can for you, subject to any deductions for State Benefits received.

We recommend that all clients keep a record of any losses that they suffer throughout the case so that we have as much information as possible when it comes to working out what compensation you are due.

Andrew Walker – November 2013