Average Medical Negligence Pay Out
Reasons to choose Wilson Browne
One question that is often asked is what the average payout for a medical negligence claim is?
…It is difficult to place a value on any claim during the early stages of the litigation process as there are numerous factors to consider. The amount of compensation or damages awarded depends on the amount of damage caused as a result of the negligence. Awards range from £1,000 to in excess of £1,000,000.
When one is successful with a medical negligence claim, 2 types of damages are awarded; general damages and special damages.
General damages are for the injury itself the pain and suffering and the loss of amenities. These can be quantified with the help of the Judicial College Guidelines which are published every year. There is a chapter dedicated to each area of the body and a monetary value is recommended within a range from minor to severe.
Special damages are the financial losses incurred as a result of negligence. Sometimes called “out-of-pocket expenses” They can include both past and future financial losses. These may include but are not limited to, care and assistance, medical treatment expenses, loss of earnings, travel costs, parking, etc. The more special damages that have been incurred increase the value of the claim.
The highest value claims for multi-million pounds tend to be for life-changing injuries such as brain or spinal injuries where future care and assistance will be required for life. Factors such as age and life expectancy are also important when valuing such a claim.
When a claim involves someone who has died as a result of negligence, the law tends to limit the claim if there is no spouse or dependents. Often in these cases, the value can be as low as £5000. If there is a spouse, this will increase the value of the claim by the statutory bereavement award of £12,980. If there are children or a spouse who are financially dependent on the deceased this will further increase the value of the claim.
At the conclusion of a claim, damages are paid in full, and the final settlement is to the Claimant in a lump sum. However, periodical payments can also be agreed upon in high-value cases whereby an agreed amount is paid to a Claimant annually for their lifetime. In a small number of cases, Provisional damages can also be awarded to the Claimant who has not made a full recovery at the time of settlement. If it can be evidenced that there is a significant chance their injury will deteriorate in the future they can make a further claim for compensation.
Wilson Browne Solicitors have many years of experience in dealing with medical negligence cases and can support you through making a negligence claim and enable you to achieve the justice that you deserve. Call us at 0800 088 600 or complete our online contact form.
More information on Medical Negligence Claims:
Medical Negligence FAQ’s
Understanding Medical Negligence
Medical Negligence for Cerebral Palsy
Can I Claim Negligence After 10 Years?
What is the Current Test for Remoteness in Negligence?
Clinical Negligence in the NHS
Posted:
Gemma Pabari
Associate
Gemma is a Solicitor within the Medical Negligence Team. Gemma has experience in advising on a range of Medical Negligence claims, to include delays in diagnosing and treating Cauda Equina Syndrome, representing clients on matters arising from complications with pregnancy.