Advice hub

How much compensation will I receive?

Clinical Negligence Claims

The amount of compensation you will receive for a clinical negligence claim depends on a number of different factors including:

The extent of your physical pain (known as pain, suffering and loss of amenity).
The severity of your injuries or illness caused by the negligence.
Reasonable expenses incurred as a result of the negligent treatment.
Current and future loss of income.
Any home or car adaptations that you have had to make.

Your clinical negligence solicitor will take all of the above into consideration when quantifying your claim.

Clinical negligence pay-outs vary dramatically, compensation amounts can be anything from around £1,500 to as high as several million. It is therefore difficult to say what your settlement will be, as each and every claim is unique.

What is the time limit for making a clinical negligence claim?

The clinical negligence claims time limit is three years from the date you received the treatment, or three years from when you became aware that your illness or injury was caused due to the treatment you received. This means that you have to have either settled a claim for compensation or issued court proceedings within the three year limit.

There are exceptions such as cases involving claims on behalf of children. An appropriate adult (usually a parent) can bring a claim before they reach the age of 18, after which time they have three years from their 18th birthday in which to settle a claim for compensation or have court proceedings issued.

The other exception being where there is a lack of mental capacity and someone else brings a claim for the adult, in which case there is no time limit to make a claim.

If a loved one has died due to clinical negligence, the three-year time limit runs from the date of death (so long as the time limit has not already expired). We appreciate that it can be a very upsetting time and we will guide you through the process sympathetically.

Can I make a no win, no fee clinical negligence claim?

We are no win, no fee clinical negligence solicitors. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.

If you win your case your opponent will pay most of your legal costs.

Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:

The cost of your no win no fee insurance policy
Some of your basic legal costs which can’t be recovered from your opponent
A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.

Your solicitor will discuss this with you in advance, so you’ll know what to expect when your claim settles.

Read our guide on how personal injury claims are funded for more information.

Will my compensation come from the NHS budget?

The compensation that you may receive from your claim comes from the NHS Resolution. This plays the part of an insurance company for the NHS to cover it against claims arising from medical negligence. The NHS Resolution is funded by individual NHS trusts around the UK.

Personal Injury Claims

The amount of compensation that you may receive is dependent upon the individual circumstances of your case. The amount will depend on factors such as:

The severity of the effects of your injuries: How your life has been affected by the injury or illness.
Financial losses: including how much money you have lost or will lose as a result of your injuries (e.g. loss of earnings, travel expenses).

Personal injury compensation is mainly split into two categories:

General damages: This is the term used to cover the compensation paid out for the pain, suffering and loss of amenity resulting from the accident. Physical and psychological injuries are covered by general damages.
Special damages: This covers any current and future financial losses incurred as a result of the accident. Examples of special damages include:

Loss of earnings through being unable to attend work, or work to the same capacity as you did pre-accident.
Medical and rehabilitation treatment costs.
Care costs.
Home and vehicle adaptation costs.
Mobility aids.

We calculate this with reference to certain guidelines and previous cases involving similar injuries that have been decided at court. Valuing a claim involves the solicitor using his or her experience and research skills to ensure the client receives the maximum compensation they deserve.

Why not try our free personal injury claims calculator to find out how much your own claim could be worth or take a look at our personal injury compensation guide to see how much compensation you may be entitled to.