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Medical Negligence Compensation Amount Paid


The amount of the payout awarded in successful medical negligence cases falls into one of two categories both of which attract bank interest prior to the amount being finalised :-

  • General Damages

      This amount represents the compensation payout that covers losses that are not easy to calculate but which must be assessed, including items such as the pain and suffering that the victim has experienced and may continue to experience as a result of their injury. Courts calculate the amount of the payout to be awarded in a given case by considering awards made in previous cases as well as by referring to the guidelines set out by the Judicial Studies Board.

    • Special Damages

        This amount represents the compensation payout for the victim’s direct financial losses, which can be calculated accurately and which does not need to be assessed including :-

        • lost wages
        • loss of future income
        • medical bills, both past and future
        • ongoing care, both past and future
        • prescription medications
        • gratuitous assistance
        • loss of amenities
        • reduced employment prospects
        • expenses related to bringing the claim

        SOLICITORS HELPLINE FREE ADVICE 0844 332 0124

        State Benefits

        If any state benefits have been claimed as a result of the injury, then the amount of those benefits may be deducted from the total amount of damages awarded. The gross compensation claim payout effectively includes the amount of money paid out in benefits as an extra item, which means that the victim does not suffer a financial loss due to benefits having to be repaid. Benefits included in the payout which may be repayable to the DSS include :-

        • disability working allowance
        • disablement pension
        • severe disablement allowance
        • unemployability supplement
        • incapacity benefit
        • invalidity pension
        • invalidity allowance
        • income support
        • reduced earnings allowance
        • job seeker's allowance
        • unemployment benefit
        • sickness benefit
        • statutory sick pay

        SOLICITORS HELPLINE FREE ADVICE 0844 332 0124

        Free Legal Advice

        To receive a free legal consultation from one of our qualified solicitors, simply phone the helpline or complete the contact form or email our offices. You will be contacted by a member of the Solicitors Regulation Authority panel of clinical negligence experts who will discuss your potential claim with you free of charge and with no further obligation.

        SOLICITORS HELPLINE FREE ADVICE 0844 332 0124