How much compensation will I receive for a medical negligence claim?
Most clients will say it isn't about the money. And that is true in almost all cases. Most people come to L&M MediLaw because they weren't listened to and they want answers. They feel the only way to get accountability is through the legal process. Any action raised in court will be to seek a payment of compensation. Medical negligence solicitors can't for instance, directly change NHS policy and are limited to achieving a financial outcome. Although a court action for compensation may indirectly change policy and procedures. Most organisations and individuals don't want to find themselves facing another court action for a similar professional failure for obvious reasons.
How do you value medical negligence compensation?
L&M MediLaw will make sure the value of any compensation award is maximised. In nearly all cases, expert medical reports will be instructed to assess the level of injury, how this has affected your daily life and what impact this has had on your employment situation.
In assessing financial loss, we will often recover your wage records from your employer and any other relevant financial information. For instance, you may wish us to speak to your accountant to get an idea of your financial losses.
In catastrophic injury cases, loss has to be assessed extremely carefully and normally with the help of expert reports. For example, we may need a housing report from an architect to assess whether your house is suitable for your injury and what adaptions are required and their costings. We may also ask for a report from a a care expert in relation to the amount of care you needed after injury, during recovery and what will likely be required in the future.
When finalising a valuation for medical negligence compensation, your solicitor will look at all relevant reports, the legal guidelines on levels of awards, previous court decisions on valuing claims and any impact statement you have given.
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What happens if the patient dies?
For fatal claims, it’s impossible to financially compensate for a life. Levels of awards are governed by the degree of relationship (for instance a child of the person that died would typically receive a higher award than a sibling of the person that died). The age of the person that died and the age of the relative who is making the claim would also be taken into account. Your solicitor will also look at previous cases that have gone to court to see what a court would typically award in valuing this type of case.