How Much is My Clinical Negligence Claim Actually Worth?
The short answer for ‘how much is my clinical negligence claim worth?’ is that there is no fixed formula or average payout for clinical negligence; every claim’s value depends entirely on the unique impact the injury has had on your life and finances.
When it comes to clinical negligence cases, which is a question we are often asked, along with whether bring a claim is worth the effort in the first place. Often Claimants will know someone who has had a clinical negligence claim, such as bringing a claim against the NHS, or hear of reports in the news and when their Solicitor’s advice is different, it can be confusing.
Let’s break down how medical negligence compensation actually works.
What is the Purpose of a Clinical Negligence Claim?
A clinical negligence claim cannot turn back the clock or undo the harm caused. While money may not be the primary reason you sought legal advice, financial compensation is the main remedy the legal system can offer.
In legal terms, this compensation is known as ‘damages’ and understanding how they are calculated is key to knowing what your clinical negligence claim is actually worth.
What are ‘Damages’ in Clinical Negligence Claim?
Clinical negligence damages are, in a nutshell, financial compensation.
They are split into two categories:
- General damages (or damages for pain, suffering and loss of amenity (PSLA))
- Special damages
General Damages
This is the objective element of clinical negligence damages. This is the sum of money which is intended to be the compensation for the injury caused by the negligent treatment, whether that injury is physical or psychiatric/psychological in nature.
General damages are determined by the Judicial College Guidelines as a starting point. This is essentially a point of reference where there are brackets for specific injuries. Reference is also made to precedent case law which is other cases with similar circumstances.
Clinical negligence general damages are not very high and typically do not form the largest part of the damages award in a high value claim. For example, if the media reports on a ‘multi-million pound’ claim, the amount for general damages will be only a few hundred thousand pounds of the total amount.
Special Damages
This element is subjective to the individual Claimant. Because it is specific to the Claimant’s individual circumstances, it will mean that there can be a significant difference in the overall award for two Claimants who have suffered the same injury.
The clinical negligence special damages category will include losses such as:
- Care costs – either ongoing gratuitous care (care provided by loved ones), or private care, or future costs where the requirement for care is likely to arise in the future as a result of the negligence
- Loss of earnings – this will include lost employment and the impact on promotions, pensions etc.
- Treatment costs – either costs which have been incurred or will be incurred due to the negligence
- Aids / equipment – e.g. assistive technology, walking aids, the maintenance and replacement costs, as well as the initial purchase costs
- Accommodation costs – where the Claimant’s current property cannot accommodate the Claimant’s therapy or equipment requirements that have arisen due to the negligent treatment
- Travelling expenses
How are Damages Decided?
While high-profile news stories might suggest otherwise, a clinical negligence claim is worth precisely what it costs to put you back in the financial and physical position you would have been in had the care been adequate.
So, how much is a clinical negligence claim worth? The question is whether the loss has, on the balance of probabilities (more likely than not) been caused by the negligence and whether that loss was reasonable foreseeable. It cannot be too remote, although there is the thin skull rule which means that the Defendant must take the Claimant as they find them.
In clinical negligence cases, multiple experts are usually needed to fully value a claim and they will play a large part in determining which losses are recoverable and to what extent.
Conclusion
So, if you have a potential clinical negligence claim, it is important to seek specialist legal advice. You might have heard anecdotal evidence of a “friend of a friend” who has had a similar claim or even the same injury caused in the same way but just as all the elements of you make you the unique individual you are, your case will be valued in the same way – by applying the law to the very specific facts of your case.
At JNP Legal, our expert team of clinical negligence solicitors is here to guide you through every stage of your claim. Combining deep legal expertise with genuine compassion, we work closely with you to make the process as straightforward and stress-free as possible, answering questions such as ‘do I have to go to court for a Clinical Negligence claim’.
Contact us today to discuss your case with a dedicated specialist and take the first step toward getting the answers and compensation you deserve.