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Compensation

Compensation money is awarded to someone in recognition of loss, suffering or injury. Compensation is split into two parts, general damages and special damages.

General Damages

General damages are awarded to compensate for the direct physical and/or psychological effects and any loss of amenity suffered as a result of medical negligence. It is calculated based on the severity of the injury and the length of time it has taken to recover (if you have recovered).

Examples of what general damages compensate for include:

  • Physical pain and suffering
  • Physical injury or impairment
  • Mental pain and anguish
  • Any reduction in quality of life

Special Damages

Special damages are awarded to compensate for any losses or out of pocket expenses incurred as a result of medical negligence. The aim of special damages is to put you back into the position you in were prior to the negligent event. This includes:

  • Short-term and long-term medical expenses
  • Loss of property
  • Prescription costs and medication
  • Aids and equipment
  • Private treatment costs / rehabilitation
  • Travelling expenses
  • Loss of earnings and earning capacity
  • Loss of pension
  • Property adaptations

Special damages also take into account the possibility of any future losses of expenses, including:

  • Future loss of earnings
  • Future loss of pension
  • Future care and assistance
  • Future aids and equipment
  • Future care costs

In this section

In this section

  • Can I get compensation before a case has settled?

    Once liability has been established (the other party has accepted full or partial responsibility), a person may apply for early payments of compensation, also known as interim payments.

    Interim payments are payments on account of full compensation. You will effectively receive part of your compensation settlement early. When the claim is won or settles, the rest of the money is received.

    If the other side in your Medical Negligence Claim admits fault or liability, your Solicitor can ask for a voluntary interim payment to be made. If the other side is not prepared to make an interim payment voluntarily, then your Solicitor can prepare Court proceedings and ask the Court to order that an interim payment is paid to you.

  • Personal Injury Trusts

    Instead of receiving compensation directly, you may want to set up a personal injury trust. A personal injury trust is a trust in which any compensation you receive is payable to. Your money is then held and managed by your chosen trustees on your behalf. The benefits of paying your compensation directly into a PI trust is that they can be used to ensure that you are still able to claim any benefits and care funding that you may be entitled to, now and in the future, as trusts are discarded when assessing eligibility for means tested benefits.

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