How much compensation will I get?
When awards of compensation are made, generally, it is an offer made up of 2 separate parts:
Put simply, general damages are a general assessment made by the courts for the overall pain and suffering you or your loved one has been through because of the injury suffered. These assessments are based on guidelines set out in law, which firstly looks at what kind of injury has been suffered, then it takes into account how severe the injury is, and also how long it has taken to recover – if at all. These guidelines serve as a kind of benchmark – but it is still essential for an experienced medical negligence specialist to firstly review medical records and obtain medical evidence before an accurate estimate can be made.
Special damages are essentially paying back any expenses you have already incurred – or are likely to incur in the future, because of the injury suffered. This may include things like any private treatment or equipment that is now needed and it can cover things like loss of earnings due to extended periods of absence- which would not have been the case but for negligent treatment.
During the lifespan of your medical negligence investigation, your solicitor will talk you through how your claim is valued and what types of things come into the valuation of your claim. They may ask you to keep hold of any receipts or documents to help evidence these kinds of expenses for future reference.
The overall aim of compensation is to put an injured person back in the position they would have been in if the negligent treatment or care had not happened. Sometimes of course, when a permanent injury has been caused or when someone sadly has passed away, this cannot always happen. In cases such as these, expert evidence is often required to help look into what kind of losses can be quantified.