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Bennetts Motorbike Insurance Compensation Claims Guide

By Stephen Hudson. Last Updated 5th July 2022. Have you suffered an injury in an accident caused by someone on a motorbike? If so, and the person at fault was insured by an insurer provided by Bennetts motorbike insurance, you may be wondering how you could go about making a claim for compensation. 

Do you need to make a claim through Bennetts bike insurance? In the following sections, we’ll explain in detail how to find out if you’re eligible to make a personal injury claim after an accident and how the process behind such claims work.

We will also answer frequently asked questions regarding these claims, such as what you can do if an insurance company disagrees with your claim, whether you should accept an insurance settlement if you’re offered one, and what types of evidence you could collect to help build your claim.

If you require further guidance or would like to begin a claim today, you can get in touch with the Legal Expert team on 0800 073 8804.

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A Guide To Bennetts Motorcycle Insurance Claims

Bennetts motorbike insurance accident claims guide

Have you been injured in a motorcycle accident that was not your fault? If so, you could be eligible to claim against the insurer of the person who was at fault for the accident. Whether you have suffered minor injuries such as whiplash, or more serious injuries that include broken bones or head injuries, for example, compensation could help with medical costs, loss of earnings and could go some way towards making up for the suffering and pain you’ve experienced.

This guide looks explicitly at claims against insurers provided by Bennetts motorbike insurance and explains more about the insurer itself, and the claims process you may have to go through when undertaking a claim against them. We also include information relating to compensation amounts, how they are calculated and how much compensation could be appropriate for specific injuries that could relate to Bennetts bike insurance claims.

What Are Bennetts Motorcycle Insurance Claims?

Bennetts motorbike insurance claims are claims made against insurance providers that have been provided to motorcyclists by Bennetts, who acts as a broker.

Bennetts offers insurance from a variety of different underwriters and the certificate of insurance should show the insurer or Lloyd’s syndicate that has underwritten the policy. This is who your motorcycle injury claim would be made against, not Bennetts themselves.

An accident involving a motorcyclist insured through Bennetts motorbike insurance (as a broker) could involve:

  • A passenger on a motorcycle
  • Another road user
  • A pedestrian

To make a claim for injuries sustained due to a motorcycle accident, you would have to prove that the other party was at fault for the accident and that your injuries were caused by the accident. A personal injury solicitor could help you to do so.

When Could You Make A Claim On Your Motorbike Insurance?

If you have been in a motorcycle accident, there are several things you may be able to claim for from your own insurance company. These could include:

  • Damage to motor vehicles – this could include a scooter, moped or motorbike.
  • Your injuries – One of the most common types of injury in road traffic accidents is whiplash. This is often considered a relatively mild injury, although in some cases, it could be very painful. It could even lead to long-term symptoms. No matter whether your injuries were minor or severe, if someone else was at fault for the accident, you could claim for your injuries. In some cases, your injuries may be covered by your own insurance policy. This could be the case if you have fully comprehensive cover and the other road user is not insured. If you only have third-party insurance, your claim could be made through the Motor Insurer’s Bureau for your injuries if the other road user isn’t insured or is not traceable.
  • Someone else’s injuries – If you were carrying a passenger at the time of an accident they could claim for their injuries through your insurance company if you were at fault for the accident.

Do Bennetts Act As Insurance Brokers?

While you may assume that Bennetts insures drivers, they actually serve as a bike insurance broker. Your claim would, therefore, be against the insurer, and not Bennetts motorbike insurance itself.

What Do You Do If The Insurance Company Disagrees With Your Claim?

If you have submitted a claim against the insurer provided by Bennetts motorbike insurance and they have denied your claim, this may lead to your case having to be heard in court. While most motorbike injury claims are settled between the lawyers of claimants and the motorcycle insurance company involved, sometimes with a lot of negotiation, if an agreement cannot be reached in what is known as the pre-litigation period, it may lead to your personal injury lawyer issuing court proceedings.

Do I Have To Accept An Insurance Settlement?

If you are claiming against an insurer provided by Bennetts motorbike insurance for motorbike accident injuries caused by one of their clients, you may assume that receiving an offer means that you would not be able to challenge the amount. However, an offer is just that; an offer. If you disagree with the amount the insurer has offered you, your personal injury lawyer could challenge this amount, and provide evidence as to why they believe the offer is too low.

Could I Get A Higher Settlement With A Solicitor?

While some insurance companies may attempt to settle a compensation claim directly with you and could advise you that it may be easier to go ahead without a lawyer so that your claim does not become too complicated, we would not recommend you accept an offer of compensation or make a claim without getting legal advice first.

While some people may assume you would only benefit from a personal injury solicitor if the Bennetts motorbike insurance claim went to court, it could be that even without court, a lawyer could help you fight for the maximum compensation possible for your case. The Law Society recommends that claimants use the services of a personal injury solicitor when making a claim for compensation. They believe that a solicitor would have the capability to expertly present your case to the liable party and they could also ensure you have the appropriate medical evidence to prove your claim.

In our experience, not only could a lawyer help to explain legal terms to you without using jargon, but they could also have a good idea of how much compensation you could achieve for your case, so if you are made an offer by the insurer that is too low, they could advise you of this and could push for more compensation on your behalf.

What Documents Or Evidence Could Help My Solicitor?

While some insurance companies may attempt to settle a compensation claim directly with you and could advise you that it may be easier to go ahead without a lawyer so that your claim does not become too complicated, we would not recommend you accept an offer of compensation or make a claim without getting legal advice first.

While some people may assume you would only benefit from a personal injury solicitor if the Bennetts motorbike insurance claim went to court, it could be that even without court, a lawyer could help you fight for the maximum compensation possible for your case. The Law Society recommends that claimants use the services of a personal injury solicitor when making a claim for compensation. They believe that a solicitor would have the capability to expertly present your case to the liable party and they could also ensure you have the appropriate medical evidence to prove your claim.

In our experience, not only could a lawyer help to explain legal terms to you without using jargon, but they could also have a good idea of how much compensation you could achieve for your case, so if you are made an offer by the insurer that is too low, they could advise you of this and could push for more compensation on your behalf.

What Documents Or Evidence Could Help My Solicitor?

Collecting evidence to help prove your claim could be something your solicitor could assist with, but some forms of evidence can be collected by you after the accident that could help your case. Such evidence could include:

  • A written statement of the incident – If you can write down the facts of the accident such as the positioning of the vehicles involved, the road conditions and any road markings, for example, this could be useful. It may also help if you could write down how the accident has affected you in terms of your physical and any mental injuries you’ve suffered due to the incident.
  • Photographs of the scene – It could be a good idea to take photographs of the scene of the accident if you are able.
  • Witness details – The details of anyone who witnessed the motorbike accident could also be useful. Witnesses could then be contacted to give evidence in support of your claim.
  • Road users’ details – Not only would it be useful to take details of the other road users involved in the accident, but it could also be a good idea to take down the details of their vehicles, namely registration plates.

Your medical notes – It could be a wise idea to ask for a copy of your medical notes relating to the injuries sustained in the accident. You can find out how to do so here. Your notes could provide some evidence of your medical condition, but we should also mention that you would have to see an independent medical expert as part of your motorcycle crash insurance claim. This is so your condition and prognosis could be verified by an independent party.

Could I Also Claim Compensation For My Injuries?

If you were injured in an accident that was caused by someone insured by an insurer that Bennetts motorbike insurance provided, and you could prove that the other party was at fault for the accident, you could be eligible for compensation for your injuries. You would need to claim within the personal injury claims time limit applicable to your cases. In most personal injury claims, the time limit would be three years from the accident date, though there could be some exceptions to this, particularly if you are claiming on behalf of a child, or you lacked the mental/physical capacity to claim within the three year period.

Bennetts motorcycle insurance claims could result in compensation for the suffering, pain and loss of amenity caused by your injuries, as well as the financial harm your injuries have caused you.

If you have tragically lost a loved one in a motorcycle accident caused by someone insured through Bennetts, you could make a bike insurance death claim which could provide a bereavement award, compensation for funeral costs and could include compensation for family members for the loss of someone who they depended on financially.

What If I Was Partially At Fault?

If you were partly at fault for the motorcycle accident you suffered an injury in, you may still be able to claim compensation. However, the amount of compensation you could receive for your claim might be reduced to reflect your own involvement.

How Much Could I Claim Through Bennetts Motorcycle Insurance?

One of the common questions that surround personal injury claims is ‘How much compensation could I receive?’ Unfortunately, you would not be able to get an accurate answer to this question from a personal injury claims calculator. Each claim is assessed on its own merits and its own unique set of facts, and no two cases are the same. This makes it difficult to provide a compensation value in advance of a claim going ahead.

We know this may be frustrating to some people, which is why we’ve put together a table to show the guideline payout amounts for certain injuries that we believe could relate to claims of this type. If you cannot see the injuries you’ve received below, then please do call our team and we’d be happy to give you further insight over the phone. The figures you see below have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to determine how much your motorcycle accident claim could be worth.

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Injury type Notes Guideline Compensation Bracket
Very severe ankle injuries Unusual injuries such as transmalleolar fractures with extensive damage to the soft tissues that lead to deformity. Future injury to the leg could lead to an amputation below the knee. Another example could be bilateral fractures to the ankle that caused degeneration in the joints, leading to a necessity of arthrodesis. £46,980 to £65,420
Severe ankle injuries Injuries in this bracket could lead to the need for a long period of treatment. Injured parties may need to spend a long period in plaster. Pins and plates may have been used and there could be a significant disability despite this. £29,380 to £46,980
Modest ankle injuries Simple metatarsal fractures, ruptured ligaments, puncture wounds and the like. Up to £12,900
Pelvis/hip injuries – Severe Fractures (extensive) to the pelvis that involve complications such as lower back dislocation, hip injury, or ruptured bladder, for example. Substantial residual disability could ensue. There could be issues with sexual function, bowel or bladder control or hip deformities. £73,580 to £122,860
Pelvis/hip injuries – Severe Slightly less severe than above but where there are features that distinguish them from the lower brackets. One example could include a fracture/dislocation of the pubic and ischial rami that leads to impotence. £58,100 to £73,580
Pelvis/hip injuries – Moderate These would include cases where there was a significant level of injury but where the permanent disability was not major. The risk for the future would not be great. £24,950 to £36,770
Severe neck injuries These could involve serious fracture or disc damage leading to disability of considerable severity. Permanent injury to the brachial plexus could be one example. £61,710 to £122,860
Moderate neck injuries Severe wrenching injuries or soft tissue injuries that lead to serious movement limitation, cervical spondylosis, recurring pain and the need for surgery, for example. £12,900 to £23,460
Minor neck injuries Soft tissue minor injuries that lead to a full recovery within 3 months Up to £2,300
Brain damage – less severe Where the injured party has recovered well and could have a normal social life and working life. Some minor persisting problems with concentration or memory could remain. £14,380 to £40,410

Special Damages Victims Of Motorbike Accidents Could Claim

As well as claiming compensation for the injuries you’ve suffered, you may also be able to get compensation for financial expenses that have been incurred as a direct result of your injuries. Costs you may be able to claim for could include:

  • Care costs – If you have needed someone to care for you due to your injuries, this may have come at a cost. Care costs could be included within your Bennetts motorbike insurance claim against the insurer that has underwritten the policy.
  • Loss of income – If the injuries you suffered in a motorcycle accident led to you having to take time off work, you may not have received your usual pay. Loss of earnings could be added to your claim, and if your injuries were so serious that you were unable to return to work, you could include future loss of earnings within motorcycle insurance claims against Bennetts motorbike insurance insurers.
  • Medical expenses – If your motorcycle injuries have led you to need physiotherapy, counselling or prescription medicines, for example, these may have come at a cost. Medical expenses could be claimed for as special damages.
  • Travel expenses – If you have paid for transport to your lawyer’s offices or to medical appointments, you could claim for the costs associated with these types of journeys.

To claim compensation for financial expenses caused by a motorcycle injury, you would have to be able to prove you incurred them. It could, therefore, be a good idea to keep safe payslips, bills, bank statements and receipts for these expenses so your lawyer could include them within your claim.

No Win No Fee Motorbike Accident Claims

If you are concerned that claiming compensation with the help of a lawyer would involve paying large sums of money upfront, you might be surprised and relieved to learn that with No Win No Fee claims, you would not be expected to pay anything at all until your claim was successfully settled. A No Win No Fee personal injury claim is conducted under a Conditional Fee Agreement, which is a document that agrees to pay your lawyer a small, legally capped success fee once they have successfully negotiated a payout for you. If your personal injury lawyer is unable to get compensation for you, you would not be expected to pay for the costs they’ve incurred while pursuing your claim and you would not be asked to pay the success fee either.

This method of claiming could offer the financial confidence for you to pursue your claim and allow a personal injury solicitor to fight on your behalf for the maximum compensation possible for your case. If you’d like to learn more about making No Win No Fee claims, or if you’d like us to connect you with a lawyer who could take your case forward on this basis, we’d be happy to help.

Contact Us About Your Motorbike Accident Claim

Are you looking to begin a Bennetts motorbike insurance compensation claim right away against an insurer provided by Bennetts? If so, we can offer you all the legal support you need, advising you on your case and supplying you with a specialist personal injury solicitor to help you There are lots of ways you can reach us.

We look forward to helping you in any way that we can.

Helpful Resources

You can also learn more about motorcycle accident claims below:

We hope that reading this claims guide has been useful for you. If you still have any questions about this subject, or you’re seeking advice on other types of claims, then you can contact our advisors here at Legal Expert. You are welcome to reach us online or on the phone using the contact details that are featured within this guide.

Written by Jeffries

Edited by Billing

Scotland Rape Compensation Claims – How Much Compensation Could I Claim?

By Olivia Fitzpatrick. Last updated 4th August 2021. If you have been the victim of assault, you may be wondering whether you could claim sexual abuse compensation in Scotland.

This guide offers help and support to those who have endured the horrific experience of rape, showing how you could claim compensation for the physical and psychological injuries you have suffered. In the sections below, you will find information about how common rape cases are in Scotland, as well as the legal definition of rape and the process for claiming victim compensation in Scotland.

How Much Compensation For Rape Victims In Scotland Could Be Claimed?

sexual abuse compensation in Scotland

sexual abuse compensation in Scotland

If you need further guidance, we could offer a free eligibility check for your case. We could also help provide a personal injury solicitor covering Scotland to help you fight for the maximum compensation possible for your case. You can reach our team by:

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A Guide To Claiming Rape Compensation In Scotland

Welcome to our guide on how to claim sexual abuse compensation in Scotland. If you have been raped, it may leave you with more than physical injuries. Rape is an unforgivable and serious crime and could affect a victim not only in the short-term but for years afterwards.

Whether you have been raped by someone you know, or in a random attack, you may be entitled to claim rape compensation in Scotland to help not only with the physical injuries you have suffered but also the emotional and mental harm the rape may have caused you. We’ll also cover how much compensation would be appropriate for a rape victim in Scotland.

This guide offers information about claiming compensation if you suffered abuse or were raped. Included in the sections below are statistics relating to sexual crimes in Scotland, as well as answers to questions such as ‘How do I claim criminal injuries compensation?’, ‘How much is victim compensation in Scotland for rape?’ and ‘How do I get help with completing a compensation claim form?’

If you would like further guidance on claiming rape compensation in Scotland or would like to claim for compensation with the help of one of our criminal injury solicitors covering Scotland, we’d be happy to talk to you in confidence about your case.

What Is Rape In Scottish Law?

According to the Sexual Offences (Scotland) Act 2009, rape is considered to be the penetration of the anus, mouth or vagina by the penis without the person consenting to such penetration, or without a reasonable belief that the other person consents.

If you have been the victim of a rape, you may wish to know where you could access help and support. You could seek support from a rape helpline in Scotland, such as Rape Crisis Scotland, who could help you access the support you may need to deal with what has happened. If you have not yet reported the rape to the police, Rape Crisis could talk you through the process and could help give you the strength you may need to begin taking action against the person or people to blame for your attack.

What Is Rape Vs Sexual Assault?

One difference in Scottish Law between sexual assault and rape is that penetration of the victim by any other object or body part without consent would not be classed as rape. Instead, it would be classed as sexual assault by penetration.

Other forms of sexual assault, according to Scottish Law, include the following non-consensual acts:

  • Intentional or reckless ejaculation of semen, saliva or urine onto a non-consenting person.
  • Reckless or intentional sexual touching of a non-consenting person.
  • Reckless or intentional sexual activity involving physical bodily contact with a non-consenting person, whether or not with an implement or whether or not through clothing

No matter whether you have been injured due to a rape or a sexual assault, it would be considered a criminal act, and you could be eligible to claim rape compensation in Scotland for the physical and emotional trauma it has caused you.

Scotland Rape Statistics

Scotland rape statistics revealed that in 2018/19 there were 2,293 reported rapes and 133 reported attempted rapes. In terms of the total number of sexual crimes reported, there were 13,547 reports in the same period, which was an 8% rise on the previous year. It may be worth noting that of these crimes, sexual assault made up 38% of crimes, with rape and attempted rape making up a further 18%. Other sexual crimes and those related to prostitution make up the remainder of sexual crimes reported.

Recorded sexual crimes in Scotland have increased in recent years. In 2017/18, there were 23 crimes per 10,000 people, while in 2018/19 the figure was 25 crimes per 10,000. The number of crimes varies depending on the local authority. Dumfries and Galloway had the highest proportion of crimes per 10,000people, which was 36, while in East Renfrewshire, the figure was much lower at 15 per 10,000.

In terms of age, the data collected by Police Scotland is not sufficient to give what age group the victims were. However, since many codes used to record sexual crime do differentiate between young people and adults, we can say that a minimum of 39% of the recorded sexual crimes was against victims under the age of 18.

No matter which local authority you were in, and no matter what your age, if you are a rape victim in Scotland, we could help you make a personal injury claim from the criminal injuries compensation fund to compensate you for the physical and emotional harm you’ve suffered. If you are under 18, a parent, guardian or another litigation friend could help claim on your behalf.

Injuries Caused By Rape Which Could Be Claimed For

The injuries you may have suffered as a rape victim in Scotland may not always be obvious from the outside. You must know that as well as the physical injuries you may have sustained, you might also have suffered mental and emotional injuries too.

Physical Injuries Caused By A Rape

Unfortunately, physical injuries caused by rape may not be limited to bruises, cuts and soft tissue damage. Violent rape could cause internal injuries, and in addition to this could leave you with a sexually transmitted infection (STI).

Sexually transmitted infections may be treated successfully with antibiotics and the like, but some sexually transmitted infections could lead to long-term conditions such as Hepatitis or HIV. If the rapist does not wear a condom, it would be wise, as well as seeking medical attention for obvious injuries, to take an STI test so that any infections can be caught and treated as quickly as possible.

Psychological Injuries Caused By A Rape

Rape, as a violent crime, can cause severe psychological harm too. Rape Crisis Scotland say anxiety, fear and uncertainty could be considered common feelings for victims of rape. Other things you could experience may include initial shock, a sense of worthlessness or shame, nightmares and flashbacks, and even a feeling of guilt. However, no victim of sexual abuse should ever feel like what happened to them was their fault. 

Counselling may help you deal with some of these symptoms, but in some cases, the psychological effects are not able to be reversed. Conditions such as depression and PTSD could mean that you are unable to work or resume a normal life after such a traumatic attack, and you may be able to claim compensation for loss of earnings caused by such a condition.

Rape Compensation Claims In Scotland Through The CICA

If you’re considering seeking sexual abuse compensation in Scotland, this could be done through the CICA, also known as the Criminal Injuries Compensation Authority.

The CICA is a government-backed agency, sponsored by the Ministry of Justice, that deals with abuse claims for compensation for victims of violent crime who have been mentally or physically injured. The CICA deals with claims in Wales, England and Scotland.

Who can claim from the CICA?

You could claim compensation from the CICA if you could prove you have been mentally or physically harmed as a blameless victim of a violent crime. This could include victims of attacks such as rape, assault and domestic abuse, for example.

You could also claim for compensation if you were injured in the process of trying to stop a violent crime, if you were a dependent of someone who was fatally injured in a violent crime, or on behalf of a child you are responsible for if they suffer injuries as a victim of violent crime.

Could anything affect how much rape compensation in Scotland I receive?

Your claim may be rejected or compensation may be reduced if:

  • You have not made a police report within a reasonable time period.
  • You have not cooperated with the police to help bring a responsible party to justice.

In addition, when reviewing your claim, any criminal record you have could be considered when assessing your claim.

Time Limits To Claim Rape Compensation In Scotland

The limitation period to make a CICA claim for rape compensation in Scotland is shorter than the personal injury claims time limit for other types of personal injury claims. You would only have 2 years from the incident date to submit your claim to the CICA. However, there may be some exceptions that would allow you to claim after this period has passed.

If your circumstances meant you could not report the rape earlier, this may mean your case could still be accepted by the CICA. In addition, we should also mention that if you are a childhood abuse survivor, you would have 2 years from your 18th birthday to claim.

However, claiming earlier could have some benefits. Evidence may be easier to gather if only a short time has passed between the attack and your claim for victim compensation in Scotland.

Rape Compensation In Scotland Claims Calculator

If you are considering taking the first steps towards making a CICA claim for rape compensation in Scotland, you may want to know how much compensation a rape victim could recover from the CICA. Each case would be assessed on its own merits and you would have to see an independent medical expert to confirm your injuries and prognosis so that your claim could be assessed accordingly. Therefore, putting your injury details into a personal injury claims calculator may not give you an accurate idea of how much compensation you could get.

We understand that not knowing how much you could claim in terms of victim compensation in Scotland can be frustrating, so instead, we’ve provided you with a rough idea by looking at the CICA tariff for England and Wales.

We have tried to use injuries that the CICA have deemed appropriate for sexual crimes, but it may be worth mentioning that you could receive compensation for other injuries, such as PTSD. If you’re not sure which category your injuries would fall in, please do not hesitate to contact our team. We’d be happy to give you further guidance.

Updated August 2021.

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Injury Details Compensation level
Sexual Assault Non-penetrative minor physical sexual acts over clothing £1,000
Sexual Assault Non-penetrative serious physical sexual acts under clothing £2,000
Sexual Assault Non-penile penetrative acts or oral genital acts £3,300
Sexual Assault Frequent repetitive pattern of severe abuse up to 3 years in duration £6,600
Sexual Assault Frequent repetitive pattern of severe abuse 3 years or more in duration £8,200
Sexual Assault Frequent repetitive pattern of severe abuse causing internal bodily injuries (serious) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (moderate) £22,000
Sexual Assault Frequent repetitive pattern of severe abuse causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina By a single attacker £11,000
Non-consensual penetration by penis of anus, mouth or vagina By more than one attacker £13,500
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (moderate) £22,000
Non-consensual penetration by penis of anus, mouth or vagina Causing mental illness which is permanently disabling (severe) £27,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (moderate) £33,000
Non-consensual penetration by penis of anus, mouth or vagina Causing internal bodily injuries (serious) as well as mental illness which is permanently disabling (severe) £44,000
Other payment – Pregnancy Additional Payout for sexual offences that result in pregnancy £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with substantial recovery £5,500
Other payment – STI (Not including Hepatitis B or C, or HIV) Additional Payout for sexual offences that result in STI with permanent disability £11,000
Other payment – Infection with STI (Hepatitis B or C, or HIV or combination of more than one of these) Additional Payout for sexual offences that result in Hepatitis B or C, or HIV or combination of more than one of these. £22,000
Other payment – loss of foetus Due to violent crime £5,500

How much sexual abuse compensation Scotland could I claim?

If you’re interested in seeing how much you could be entitled to for suffering sexual abuse, you may turn to online tools branded as ‘personal injury compensation calculators’. However, though these may appear to provide payout estimates, the figures that they provide prospective claimants with can be inaccurate generalisations.

Instead, why not get in touch with Legal Expert for a free consultation? You’ll be asked a few simple questions about your case by one of our specialist advisors. After which, you’ll not only be able to see if you have grounds to make a claim but you’ll also get an estimate of how much your claim could be worth.

Our team uses awards from past cases to help provide you with an accurate idea of what you could be entitled to, taking details about your case to build a picture of what types of damage you suffered. So, please don’t hesitate to get in touch today for your free consultation.

Special Damages You Could Claim Compensation For

When claiming sexual abuse compensation in Scotland, you could not only receive an award for the injuries you’ve suffered, both psychologically and physically, but you could also receive special expenses for financial harm you have suffered as a result of the injuries you’ve sustained.

One important point to consider with CICA claims is that these expenses must be considered reasonable, and they may only be claimed for if they were incurred directly because of your injuries. In addition, it would have to be considered whether the costs could be covered by another party, such as the NHS or the local authority, for example.

Some of the costs you may be able to claim for could include:

  • Care costs – If you were seriously injured in a rape attack, you may require help around the house with the likes of cooking and cleaning and other daily tasks. If you could not get such care costs covered by the local authority or another body for free, you could include such costs within your claim.
  • Home adaptations – If serious injuries were sustained in a rape which meant you needed your home adapting to be able to continue living in it, reasonable costs for adaptations could be considered within your claim.
  • Physical aids – If you needed crutches or a wheelchair, for example, and could not get these from the NHS, the costs for these physical aids could be considered as special expenses.
  • Loss of earnings – If your injuries meant you were off work for more than 28 weeks, then the CICA may be able to compensate you for loss of earnings, at the relevant statutory sick pay rate.

You must be able to provide evidence of expenses that have directly resulted from your injuries. This could mean providing bank statements, receipts, bills and payslips to the CICA. If you are unable to provide evidence of costs or losses, you would not be able to include them in your claim.

Why Choose Us To Make A Rape Compensation Claim?

We realise there could be many ways you could seek assistance with claiming rape compensation in Scotland. However, we believe we could be a great option for you. Whether you’d like advice and support with making a CICA claim, or you’d like us to provide you with a personal injury solicitor who could fight for the compensation you deserve as a rape victim, we’re here to help you.

Our experience and knowledge of helping claimants with a variety of criminal injury and personal injury claims mean we are aware of the stress you could be under and we will do all we can to help make the process easier for you.

Our previous clients have been very complimentary about our company, and we pride ourselves on offering a service that claimants find easy to use, professional and empathetic. You can read what our past clients have said about our services if you’d like to see some reviews.

Not only could we answer any questions you may have about how to apply for compensation, and whether you could be eligible to make a claim, we will explain any legal terms you are unsure of so you are fully informed about your options.

Perhaps the best reason to pursue a claim with us is the fact that all of our solicitors work on a No Win No Fee basis. Making a claim under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA) will ensure that you are afforded the most financial protection possible and have the confidence to pursue justice. 

If you sign a CFA with one of our solicitors, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be set out in the CFA.

Start A Claim For Rape Compensation Scotland

To begin a claim for sexual abuse compensation Scotland with help from our panel of personal injury lawyers, please do not hesitate to contact us. We could give you all the guidance and support you may need to get the compensation you deserve.

You can reach our team by:

We have the capability, knowledge, empathy and experience to help you move forward after such a traumatic experience. Why not call us today and allow us to support you?

Essential References

Below, you can learn more about CICA claims via our other guides:

Thank you for reading our guide on how to claim sexual abuse compensation in Scotland.

Written by Jeffries

Edited by Billing

Criminal Injury Compensation Solicitors Scotland | Scottish CICA Claims Guide

By Mark Ainsdale. Last Updated 30th July 2021. This is our guide to claiming with criminal injury compensation solicitors in Scotland. Whether you were injured in an assault or suffered physical or mental injuries due to rape or sexual abuse, you may have questions about whether there is any action you could take to claim compensation for your injuries and the suffering you’ve experienced. In this guide, we offer useful information on finding criminal injury compensation solicitors covering Scotland to help you make a criminal injury claim. 

In the sections below is guidance relating to the claims process for victims of violent crime in Scotland and the levels of compensation that could be achievable. While we know that reliving what’s happened to you could be difficult, we aim to make the process as pain-free as possible and will do all we can to get the maximum criminal injuries compensation for your case. It may not take back what has happened to you, but a compensation settlement may go some way towards helping you move forward after such a terrible experience.

Do you have further questions about claiming compensation for a criminal injury in Scotland? Or would you like to begin a claim with our criminal injury compensation solicitors in Scotland? If so, you can talk to our experts in confidence on 0800 073 8804.

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A Guide To Claims With Criminal Injury Compensation Solicitors Scotland

Criminal injury compensation solicitors Scotland

Criminal injury compensation solicitors Scotland

If you have been the victim of a crime in Scotland, a common question might be ‘How do I claim criminal injuries in Scotland?’ You might also ask how does criminal injuries compensation Scotland work? Here at Legal Expert, we have put together this guide to give you information about making such claims, whether you were injured as a blameless victim in a robbery or assault, or whether you’ve suffered harm due to historic abuse.

You may be surprised to know that despite the crime having happened in Scotland, you would not have to use criminal injury compensation solicitors in Scotland to make your claim. You could choose a solicitor based anywhere in the UK to fight for the maximum criminal injury compensation for your case. This gives you a wider choice when it comes to choosing a solicitor to help you.

Within the guide below, you can find out more about how to claim compensation for injuries sustained due to the criminal activity of someone else. We will explain how to go about making a claim and how we could help you. We also have information relating to how much compensation you could receive for your claim.

What Is A Claim For Criminal Injuries In Scotland?

If you suffer an injury by a criminal act, you may wonder how you could claim compensation. The UK government has an executive agency that deals with claims for compensation for victims of violent crime. It is known as the Criminal Injuries Compensation Authority, or CICA, with its foundation being in 1996. And it helps to compensate those suffering injuries due to violent criminal acts.

Those who could make a claim for a criminal injury in Scotland include:

  • People suffering mental or physical injuries as a direct victim of a crime.
  • Those with emotional harm after witnessing a violent criminal act.
  • People suffering injuries attempting to stop a violent crime.
  • Parents claiming for their children’s injuries.
  • Dependents of those who pass away due to criminal injuries.

Find out how criminal injury compensation solicitors in Scotland or covering Scotland could help you.

Criteria To Claim With Criminal Injury Compensation Solicitors Scotland

To claim compensation as a victim of crime in Scotland, the Criminal Injuries Compensation Authority requires you to fulfil certain criteria, including:

  • Reporting the incident to the police without unreasonable delay.
  • Co-operating with the police to bring the person responsible to justice.
  • Being blameless for the incident (for example, if you provoked violence or voluntarily engaged in a fight, you may not be compensated).

Your conduct and any criminal records could also be taken into account when the CICA decide whether to accept your claim. You may be given a reduced offer of compensation due to this or the CICA could reject your claim. It could be worth consulting with our team if you think this could be the case.  We could offer you some further guidance on criminal injuries compensation Scotland. 

Assault Claims In Scotland

Criminal injury compensation solicitors in Scotland or those covering Scotland could handle assault injury claims. Whether you were assaulted in a random or targeted attack, your injuries could range from minor to severe. There are various categories when it comes to assault. These include:

  • Common assault – Where someone commits an act of battery or assault against another. A battery could involve spitting at someone, pushing them or slapping them, for example, and is classed as an application of unlawful force. An assault, however, is when a victim is made to fear that they are going to be subjected to immediate force. This could include someone raising a fist at the victim, for example.
  • ABH – Actual bodily harm – this could be classed as battery that causes actual harm to the victim. There would usually be physical evidence of this.
  • GBH – Grievous bodily harm – this could be classed as a battery that causes serious harm to the victim or where there is an intention to cause serious harm.

How do I claim criminal injuries compensation in Scotland For Assault?

If you have been injured in an assault, criminal injury compensation solicitors covering Scotland could help fight for compensation on your behalf through the criminal injuries compensation authority.

GBH Claims In Scotland

Grievous bodily harm, or GBH, involves very serious harm being caused to the victim. This could involve a stabbing, for example. If serious harm was not caused but the perpetrator intended for there to be serious harm inflicted to the victim, a charge of GBH could still be appropriate. No matter how serious or minor the injuries you sustained were, you could consider pursuing a claim for compensation against the criminal injuries compensation authority. A personal injury claim of this kind could include compensation for both the physical injuries and the emotional trauma you may have suffered as a result of your injuries. Criminal injury compensation solicitors in Scotland or those covering Scotland could handle such claims. 

ABH Claims In Scotland

ABH stands for actual bodily harm, and it is an offence in which actual physical harm is inflicted upon the victim. While ABH does not have to mean a victim sustains a serious injury, it would involve more than a shove, and evidence such as scratches, bruising and bite marks could be sufficient as physical proof of such an assault. If you have been a victim of ABH, then you may be wondering if you could claim criminal injuries compensation. Our team could help assess your case and provide you with criminal injury solicitors covering Scotland to help fight for compensation on your behalf.

Rape Claims In Scotland

Whether you have been raped by someone you don’t know, or by someone you were in a relationship with, you always have the right to say no to sexual advances. Rape is a violation of your body and your rights and is a horrific and heinous crime.

Whether the rape has left you with physical marks or not, it could have affected you mentally, and this could take you a long time to recover from. If you have not consented to sexual activity, or someone has forced you into sex, you could claim compensation for the mental trauma as well as the physical injuries caused. This is where criminal injury compensation solicitors in Scotland and those covering Scotland could help. 

Our dedicated team of advisors could talk to you in confidence about how we could help you.

Sexual Assault Claims In Scotland

Sexual assault could lead to a victim suffering more than just physical injuries. Research has shown that trauma symptoms could be suffered by victims of many different types of sexual abuse and sexual assault. Not only could criminal injury solicitors covering Scotland help you claim for any physical harm you have suffered due to the sexual assault you were a victim of, but they could also help you claim for emotional trauma suffered as a result. You would have to be assessed by a psychologist/psychiatrist as part of your claim to evidence the effect that the assault has had on you. We understand that talking about your experience may not be comfortable, but some victims of sexual assault could find that talking about their experiences may be somewhat cathartic.

Historical Sexual Assault Claims In Scotland

Being abused could have a significant impact on someone, and if you’ve been unable to process or talk about the abuse until years later, you may be under the impression that it could be too late to report the abuse or claim compensation for the harm you’ve suffered because of it. This would not be the case, as our criminal injury compensation solicitors in Scotland can explain.

If you suffered historic sexual assault or abuse and now feel ready to take action, you can still report historical abuse or assault to the police, and you may still be able to apply for criminal injuries compensation for the harm you’ve suffered. This is because there could be an exception to the criminal injury claims time limit for historical abuse cases. It could be argued that you were not able to report the abuse or assault as you were unable to process it until much later, and criminal injury solicitors covering Scotland could help to fight for the compensation you deserve for the traumatic experience you’ve been through.

Robbery Victim Claims In Scotland

Have you been the victim of a robbery in Scotland? Whether you’ve been injured in a mugging or a home burglary, this could be a very traumatic experience and it could lead to you suffering both physical and psychological harm. Criminal injury compensation solicitors covering Scotland could help you prove that you were a blameless victim of a robbery, and this could lead to you being awarded compensation, not just for the physical trauma you’ve sustained but also the emotional harm it has caused you. You may even be able to claim for costs associated with the robbery, such as loss of earnings, physical aids and more. You can learn more about criminal injuries compensation Scotland by contacting us today. 

Could Criminal Injury Solicitors Help Me If No One Has Been Caught Or Convicted?

While you may be under the impression that the person/s who caused your injuries would have to be caught and convicted for you to be able to claim criminal injuries compensation for Scotland-based crimes, you may be surprised to learn that this is not the case. If the crime has been reported, and you have suffered an injury as a blameless victim, and you meet CICA eligibility criteria, you could still claim compensation for your injuries.

How Long Do I Have To Claim With A Solicitor For A Criminal Injury In Scotland?

The usual criminal injury claims time limit is shorter than the personal injury claims time limit that applies to personal injury claims. You would usually only have 2 years from the date of the incident to claim compensation. However, there could be some exceptions to this. If you’re unable to make an application to the criminal injury compensation scheme in Scotland due to exceptional circumstances, or the evidence with your claim would not require extensive investigations by claims officers, your claim might be possible outside of the 2-year time limit.

Other special exceptions could apply if you’re a child when the incident happens, and no parent or guardian claims on your behalf. You could usually have until your 20th birthday to claim in these cases.

We should mention that the earlier you claim, the easier it may be to gather the evidence needed to prove your claim, thereby improving your chances of success. Speak to our criminal injury compensation solicitors in Scotland for further information. And we can help you from there.

Could A Solicitor Help You Claim Compensation Through Courts?

Criminal injury compensation solicitors covering Scotland could help you if your case goes to court. If you must attend court to give evidence in your case, you could receive compensation for these costs. In addition to this, if the accused person pleads guilty or is found guilty, the court may order them to pay you compensation by way of a compensation order.

Claiming For The Return Of Property

If your property was taken from you to be used as evidence in your case, it would usually be returned to you by the police once the case was concluded. The Crown Office and Procurator Fiscal Service and Police Scotland has guidance on the return of property. You can find more information on this here.

Scottish Criminal Injury Compensation Claims Calculator

Some claimants who are looking into applying for criminal injuries compensation in Scotland may like to know how much compensation could be achievable for their claim before they decide on whether or not to go ahead with it. Unfortunately, it is not possible to get an accurate figure from a personal injury claims calculator regarding this. This is because all personal injury claims focus on their unique facts. And without assessing the case as a whole, it would not be possible to conclude how much compensation could be appropriate for your case.

Also, you would have to undergo a medical assessment with an independent professional who could review your medical notes, examine you and compile a report that details your condition and your prognosis. This gives your personal injury lawyer a more accurate idea of the level of compensation they could achieve for your case.

We understand this could be quite frustrating, which is why we have some rough payout amounts for specific injuries that we believe could relate to this type of criminal injury claim. If, however, your injury doesn’t appear here, we could give you some further guidance on payout amounts over the phone. The figures we have in the table below come from the Criminal Injuries Compensation Authority Tariff covering England and Wales. And these could give you some rough insight into compensation amounts for such cases. But please contact our criminal injury compensation solicitors in Scotland if you want more advice.

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Injury Tariff Award Notes
Paralysis (Major) Not caused by brain damage. £27,000 Mild motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £55,000 Moderate motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £110,000 Severe motor or sensory function impairment (Hemiplegia)
Mental Injury (Disabling) £13,500 Not permanent, but injury could last for more than 5 years. Injured parties would have to have an assessment from a clinical psychiatrist/psychologist to confirm condition and prognosis.
Mental Injury (Disabling) £27,000 Where the injured party is seriously and permanently disabled.
Facial Scarring £11,000 Seriously disfigurement
Sight loss £22,000 Sight loss in one eye
Jaw bone fracture £6,200 When disability continues after surgery.

Special Damages You Could Claim

So, you’re wondering, ‘How much compensation do you get for criminal injuries?’ It may be important for claimants to understand that they could be eligible to claim for special damages as well as for their pain and suffering. Special damages compensate you for any financial losses or expenses as a direct result of the injury.

Some of these could relate to:

  • Physical aids – This could include wheelchairs and walking sticks. However, you would only claim these if you couldn’t get the aids from another organisation, such as the NHS.
  • Damage to property – Should your personal property suffers damage due to the criminal act, this becomes claimable.
  • Care costs – If you need help with things like cooking, cleaning or dressing, these costs are claimable. However, you would only be able to claim for these costs if they’re not free by another source.
  • Home adaptations – If your injuries require home adaptations, these could be claimable.
  • Wage losses – Have you been unable to work due to your injuries for more than 28 weeks? If so, you may be able to claim loss of earnings as part of your claim. However, this usually comes as the statutory sick pay rate at the time your claim begins. You would also need to provide a 3-year employment history to be eligible for this. And you must also explain any other gaps in your employment history during the 3-year period.

Further Details

There are two things we should make very clear when talking about special damages for CICA claims. Firstly, you would only be able to claim for expenses if the benefits office or local authority don’t cover them, And they must be reasonable. Secondly, you would have to be able to prove these costs. To do so, you might need to keep things like bank statements, bills, payslips or receipts to provide as evidence. Remember you do not have to claim with criminal injury compensation solicitors in Scotland. Our team coud help you. 

No Win, No Fee Claims With Criminal Injury Compensation Solicitors Scotland

Do you need assistance from criminal injury solicitors covering Scotland but fear having to pay upfront for their services? It may be a surprise, and a relief, to know this isn’t necessary. In fact, there’s a method for getting legal assistance without paying anything until your claim successfully ends in compensation. These are No Win No Fee claims. Instead of paying a retainer to your personal injury solicitor, you would instead sign a Conditional Fee Agreement. This promises them a small success fee with a legal cap percentage of your compensation payout. You only have to pay this success fee if the lawyer can agree on a compensation payout for you. And if they aren’t successful in doing so, you would not have to cover their costs of pursuing the claim. You would also not have to pay any fees upfront or during the claim. 

Here at Legal Expert, we can provide you with one of the criminal injury solicitors covering Scotland. We work with who could help with a criminal injuries compensation application for claimants in Scotland. To ask us anything more about making a claim, please do not hesitate to get in touch.

Start Your Claim For Compensation With Solicitors Covering Scotland

We hope this guide to claiming with criminal injury compensation solicitors in Scotland helps you. If you’re still wondering ‘How do I claim for criminal injuries in Scotland?’, please get in touch with your queries. We would be glad to offer you free, no-obligation expert advice on your claim. And we’re ready to provide you with a solicitor to fight for criminal injuries compensation on your behalf. You can reach us in several ways:

By phone: 0800 073 8804

Via email: info@legalexpert.co.uk

Through the Live Chat Service, or via our contact form.

We look forward to hearing from you.

Essential References

Claiming Compensation For Criminal Injury – This Government resource explains more about criminal injury compensation.

Latest News From CICA – Here, you can read updates regarding the Criminal Injuries Compensation Authority.

Victims Code For Scotland – You can read more about what help there is available for victims of crime in Scotland here.

Below, you can learn more about CICA claims via our other guides:

Recorded Crime In Scotland – Statistics

According to data published by the Scottish government, recorded crime remains at one of the lowest rates in decades. You can find data and statistics published by the Scottish authorities here and here.

The recorded crime rate in Scotland for 2019-20 was a total of 246,516 crimes. This rates remains broadly flat with a less than 1% fall from the previous recording year. The past decade has seen an overall downward trend in recorded crimes in Scotland.

Recorded crime in Scotland peaked in 1991 with a total of 572,921 crimes. The rate of violent crime has been decreasing since the year 2002 – 03. Whilst there have been increases in recorded rates this is down to the way in which crime is recorded. The Domestic Abuse (Scotland) Act 2018 set out new crimes to be recorded. There still remains an overall reduction in non-sexual violent crimes since 2002-03.

Criminal Injury Compensation Solicitors In Scotland FAQs

What is the time limit for filing criminal injury claims?

This window has a maximum of two years except for the likes of historical sexual abuse cases.

But how does this differ from typical injury claims?

For a normal personal injury claim, the victim has up to 3 years in which to take legal action.

When can a claim begin?

As soon as possible once you speak to one of our personal injury lawyers.

How does the defendant learn of the claim?

They will receive a letter stating the victim’s intention to claim.

When does the first settlement offer come from the defendant?

This arrives once the defendant begins to accept liability, though this could be months into negotiations.

Is it imperative to accept the first offer?

Absolutely not, because this is very rarely the sole offer, and it’s almost always the lowest offer too.

What happens if I reject a settlement offer?

In this case, the defendant should come back with a larger offer, but you can’t accept the previous offer anymore.

And how long will my case take?

Such cases tend to reach a resolution inside 12-to-18 months.

If you have been affected by these crimes, you could claim via the Criminal Injuries Compensation Authority. Remember, you do not have to use criminal injury compensation solicitors in Scotland. Our panel of solicitors could help you. Our team could help you secure criminal injuries compensation.

Written by Jeffries

Edited by Billing

First Aid Negligence Claims Guide – How Do I Claim Compensation?

By Daniel Archer. Last Updated 18th November 2022. Have you been harmed because of the negligent administration of first aid? You may be eligible to make a first aid negligence claim for compensation. Whether you were injured because of improper first aid at work, or when you were out in public, you may be able to claim compensation for your avoidable injuries. First aid by definition is immediate help given to a person who has become injured or ill. In some instances, the first aid may be to give the person immediate relief from their symptoms, for example applying a cool compress to a minor burn. In other circumstances, first aid can preserve the person’s life, until they can get medical treatment. For example, giving CPR (cardiopulmonary resuscitation) to a person who has suffered a cardiac arrest, to keep them alive until the ambulance comes. Unfortunately, there can be instances where a person can experience further injuries because they received first aid. Some injuries are unavoidable and will not qualify for compensation.

First Aid-negligence-claims

First Aid-negligence-claims

However if you have been avoidably injured because of first aid negligence, trust Legal Expert to help you claim compensation. Call us on 0800 073 8804 for your free consultation and if we can see that you have legitimate grounds to claim, we will provide you with a solicitor to handle your case. Alternatively, contact us using our online claim form, to see if you are legitimately entitled to claim.

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A Guide To First Aid Negligence Claims

Most people train to get a first-aid certificate, to help others who may be in need of assistance. The Health and Safety Executive (HSE) requires low-risk workplaces, such as a small to medium-sized office to have a member of staff receive first aid training and have a first aid kit on the site. A person may voluntarily train to be their company’s appointed first aider. In other roles, such as working in a gym, or working as a teacher, first aid certifications may be a requirement of the job. First aid can help people in the short term who are suffering from minor injuries, before they are able to see a doctor. In some situations, first aid can save a life, for example, if a person loses consciousness and stops breathing, a first aider can perform CPR before an ambulance arrives. In some cases, the person would have died before the paramedics could reach them if they had not received first aid during the intervening period.

If there are incidents when first aid negligence occurs the injured person’s condition could worsen, or they could receive additional injuries. If you have been injured by someone who breached their duty of care as a first aider, you may be able to make a first aid negligence compensation claim. Contact Legal Expert today, to see if you are eligible to claim. If we can see that you are owed compensation, we can provide you with a solicitor to handle your claim, who will start working on your case as soon as possible.

What Is First Aid Negligence?

If a person chooses to perform first aid on an injured person, they have a duty of care to that person. First aid negligence is when the trained first aider administering first aid, does so in a way that does not meet the appropriate standard of care.

One example of first aid negligence could be a first aider giving CPR to a person who is unconscious but is still breathing, rather than putting them in the recovery position. This can harm the unconscious person, and may not meet the expected standard of care for first aid. Another first aid negligence example would be if the first aider intentionally or unintentionally assaults an injured person, by not gaining consent from the injured person to touch them, without explaining what his/her intentions are or obtaining verbal consent.

When May First Aid Be Required?

A person who is not a medical practitioner can receive first aid training or a first aid certification. First aid allows people to provide immediate assistance to injured or unwell people. In some cases, first aid may be all that is required. Or the injured person may need to go to a doctor’s surgery or hospital, depending on the severity of the injuries.

Examples of when first aid may be required:

  • Minor or major cuts
  • Diabetic emergencies
  • A casualty is choking
  • A casualty has lost consciousness
  • A casualty has stopped breathing or is suffering a heart attack
  • Suspected broken or fractured bones

First Aiders Duty Of Care

If a person with first aid training decides to perform first aid on an injured or ill person, they will owe that person a duty of care. A duty of care is when you are expected to provide a reasonable standard of care for the person you are helping. If you fail to comply with these standards this can be judged as negligence. Of course, a member of the public with a first-aid certificate is not comparable to a qualified medical practitioner such as a doctor or nurse working at a GP surgery or hospital. So a first aider will not be expected to perform to the standard that is expected of a medical practitioner.

If a first aider performs a negligent action or inaction whilst attempting to administer first aid, which results in the casualty’s injuries becoming worse, or injures the casualties in other ways, the first aider could be held liable for the casualties injuries. Therefore the casualty may be able to make a first aid negligence claim.

Negligence Examples – First Aid

In regard to first aid at work, the law states that certain workplaces must have appropriate facilities and personnel available to provide employees with attention immediately if they are taken ill or injured at work. This requirement can be found in the Health and Safety (First-Aid) Regulations 1981.

A first aider has certain responsibilities in the workplace and must carry them out as safely as possible. Here are a few examples of what could be categorised as first aid negligence:

  • Failure to call an ambulance – Whilst the safety of someone who is injured may initially be the responsibility of a first aider, they may not be qualified to handle a more serious incident. If they neglect to ask someone to call an ambulance when one is needed, then the injured person’s injury could be made worse. In some incidents, this could even result in a fatality.
  • Performing unnecessary CPR – For example, if the patient is still breathing but is unconscious. This can damage internal organs and bones, or even disrupt an otherwise healthy heartbeat.

Reach out today for more examples. Our advisors can also answer questions such as “do you need a first aider at work by law?”.

What Happens If A First Aider Causes Injuries To The Casualty?

If first aid is administered in an incorrect or inappropriate manner, it may exacerbate the casualty’s existing injuries, or cause additional injuries. This may happen because a well-intentioned member of the public who has not had first aid training tries to help the casualty and causes harm. Similarly, a person who is first aid qualified may make an error.

Under a very particular set of circumstances, it may be a necessary evil to injure a person in order to apply effective first aid. For example, when a person is giving CPR they could break the casualty’s ribs or damage an internal organ. If a person is suffering a cardiac arrest or has stopped breathing, their life is at immediate risk, so a broken rib would be seen as an unfortunate consequence of this life-saving procedure. As such, this would not be an example of first aid negligence.

Similarly, a person can suffer burns if the first aider has to use a defibrillator. However, a defibrillator is only used if there is a cardiac arrest, an abnormal heartbeat, a ventricular tachycardia (abnormally fast heartbeat) or ventricular fibrillation, a chaotic heartbeat, cutting off blood flow to the rest of the body. Using a defibrillator is a lifesaving procedure, so you would not be able to sue if you were burned by a defibrillator.

What If The First Aider Does Not Obtain Consent?

Under the Mental Capacity Act, 2008, it is stated that unless evidence is provided to the contrary, a person administering first aid must obtain consent from a casualty to treat them. Under this act, the casualty has the right to refuse treatment from a person administering first aid.

If a casualty refuses treatment, ask the following questions:

  1. Does the casualty understand the seriousness of the situation?
  2. Would the casualty accept treatment from another person? Maybe the casualty wants to be treated by someone who is of the same gender, or someone they know personally.
  3. Can the casualty treat themselves? For example, a casualty may be able to apply a cold compress to a burn, or a plaster or a cut, without someone else touching them.

Rules around consent exist to protect the first aider and the person being treated. By explaining their intentions and asking for consent the first aider is protecting themselves and the patient.

Consent And Unconscious Victims

A first aider must only perform an act of first aid on a victim if they have given consent prior to the casualty losing consciousness, or if it is a lifesaving procedure. If a first aider finds an unconscious casualty and needs to check to see if they need first aid (for example checking their pulse, whether or not they are breathing, or signs that they have injected themselves with drugs) the first aid administrator should explain what they are doing and why in case the person can hear them. It is also acceptable to put an unconscious person in the recovery position, as they could potentially choke to death if they are lying on their back and vomit.

First Aider Best Practices

Taking a first aid course is a great thing to do. You never know when you may need to administer first aid and it could even save a person’s life. However, to avoid legal issues in first aid and to make sure you don’t cause further injury, it is important not to administer first aid if you are unsure of the right thing to do. To implement best practices when applying first aid procedures, make sure you take an accredited first aid course and renew your certification when necessary. You can always revise what you know from time to time or take additional training to expand your knowledge.

Negligent First Aid In The Workplace

Workplaces must abide by the Health and Safety (First Aid) Regulations, 1981. This act emphasises the importance of first aid at work and states that employers should provide adequate first aid first aid facilities, personnel and equipment. Workplaces should ensure that there are staff on their workforce who have received first aid training to help their colleagues if necessary.

As well as adequately trained personnel, workplaces should have first aid equipment, such as the tools on this HSE first aid kit contents list:

  1. Sterile plasters of assorted sizes that are individually wrapped
  2. Sterile eye pads
  3. Safety pins
  4. Disposable gloves
  5. Individually wrapped sterile triangular bandages
  6. Individually wrapped unmedicated wound dressings of large and medium sizes.

This is not an exhaustive list. Your first aid kit should be maintained and items that have been used should be replaced.

If you were harmed due to first aid negligence at work, you may be entitled to make a compensation claim for first aid at work injury. To learn more about legal issues in first aid, contact our team of advisors today. They can provide free legal advice and expert help.

First Aid Law – How Long Do I Have To Claim?

In the workplace, employers owe you a duty of care. First aid regulations, such as the Health and Safety (First-Aid) Regulations 1981, outline the requirements of employers to provide adequate personnel, facilities and equipment for the administration of first aid in the workplace.

If this duty of care is breached, and you were injured or your condition worsened as a result, you may be able to claim. However, it is important that you start a claim within the time limit.

The time limit to start a medical negligence claim is generally three years from the date you were injured, or three years from when you became aware that your injury was caused by negligence. However, there are exceptions. For example:

  • Children – If first aid duties were neglected, resulting in an injury to a child, the three-year time limit begins on their 18th
  • Mental disability – If a claimant lacks mental capacity, the time limit would not begin until they are deemed to have recovered, if this applies.

In both cases, the time limit is suspended until they can represent themselves in legal proceedings. However, a litigation friend is able to claim on their behalf at any point during this suspended period.

We would advise that you begin a claim as soon as possible if your injuries were caused because you were not provided with first aid. The law, under the Limitation Act 1980, bars claimants from pursuing a claim if it is not formally started within the limitation period.

To find out your eligibility, or to find out if you’re still within your time limit, our advisors offer a free consultation with no obligation to claim with us after.

First Aid Negligence Compensation Calculator

Personal injury/medical negligence compensation awards include; general damages and special damages. General damages is compensation for the pain, suffering and loss of amenity, caused by the claimant’s injuries. Special damages is reimbursement for any expenses or financial losses caused by the claimant’s injuries, such as medical expenses.

You can use our claims calculator to estimate how much your first aid negligence claim could be worth. These figures have been taken from the Judicial College Guidelines (JCG), a document used by legal professionals to help value potential claims. These figures are only guidelines, and the actual amount of compensation you may receive can vary.

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Injury Sustained Comments Settlement Award
Chest Injury – Category (B) Including traumatic injuries affecting the internal organs of the chest. May present as injuries to the heart or lungs. Those injuries may cause permanent injury and could impair function of these organs. £65,740 to £100,670
Chest Injury – Category (C) Damage or injury to the chest or the lungs. There is some level of disability which may continue. £31,310 to £54,830
Chest Injury – Category (G) Rib fractures or soft tissue injuries which result in pain for several weeks. There may be some disability in the short term. Up to £3,950
Chest Injury – Category (F) Chest injuries which could lead to a collapsed lung. The claimant should make a a full recovery which is uncomplicated. £2,190 to £5,320
Hernia – (A) Hernia injuries which cause continuing pain and which limit physical activity such as sport or limits the ability to work. £14,900 to £24,170
Hernia – (B) Inguinal hernia injuries where they was not any prior weakness but where they is a risk of it reoccuring. £7,010 to £9.,110
Hernia – (C) Indirect and uncomplicated inguinal hernia’s. May be repaired. No associated injuries to the abdomninal area. £3,390 to £7,230
Neck Injury – Moderate (iii) Neck injuries which have exacerbated an existing condition. £7,890 to £13,740
Ankle Injury – Severe More severe injuries may require a longer period of time to treat and you may need to wear a plaster cast or need to have pins in the joint. £31,310 to £50,060
Wrist Injury – (A) Functional usage of the wrist has been lost. £47,620 to £59,860

Please note, this calculator only estimates how much you could claim in compensation for general damages, not special damages. For an accurate estimation based on your personal situation, call us today to speak to an advisor.

Special Damages If Harmed By Negligent First Aid

Special Damages – These will reimburse you for any financial losses or expenses that you have experienced, as a result of your injuries. These can include travel expenses, medical expenses, at-home care expenses, home adaptation expenses or loss of income if your injuries forced you to take time off work.

No Win No Fee First Aid Negligence Claims

At Legal Expert, we understand that being injured, or having your injuries worsened when receiving first aid can be a stressful experience. Being injured can also have a negative impact on your finances, especially if you have had to take time off work as a result. This is why we give our clients the option to make a no win no fee claim, also known as a Conditional Fee Agreement (CFA).

With a no win no fee claim you will not have to pay an upfront solicitors fee. Instead, your fee is deducted from your compensation package, if you win your claim. If your case is unsuccessful and you don’t win your claim, you will not be charged a solicitors fee. For many of our clients, this is the less stressful way to claim.

Read our online guide to making a no win no fee claim, to find out more. Or, get in touch with our team of advisors to find out if you could start your claim today. They can offer free legal advice and more information surrounding legal issues in first aid.

Start Your Claim

There are some great benefits to making a personal injury/medical negligence claim with Legal Expert.

  • We can provide you with an excellent solicitor to handle your claim, with years of experience handling cases like yours.
  • We promise we will push to win you the maximum amount of compensation you are entitled to claim.
  • You will have the option to make a no win no fee claim, so there is less stress involved.

To begin your claim for injuries caused by first aid negligence, call us on 0800 073 8804 to speak to us about claiming compensation today. Alternatively, you can start your claim online. Contact us today, we’re looking forward to hearing from you.

Essential References

Medical Negligence Claims – How much compensation could I claim?

How Much Compensation Can I Claim For A Misdiagnosis? – Medical misdiagnosis claims guide.

How Much Compensation Can I Claim For A Birth Injury? – A birth injury medical negligence claims guide.

Broken Rib Injury Claims Guide – A guide to claiming for a broken rib.

Warehouse Accident Claims  – A guide to making a claim after suffering an injury in a warehouse.

Injury Claims Against Another Employee or Colleague – A guide to making a personal injury claim against another employee.

Would I Need To See A Doctor When Claiming For A Personal Injury? – Information on if you need to see a doctor when you make a personal injury claim.

Neck Injury Compensation Claims – A guide on making a compensation claim following a neck injury.

 

External References

An HSE Guide To First Aid At Work

An HSE Guide To First Aid

Written by Chelache

Edited by Melissa.

Domestic Abuse Victims During Lockdown, Can I Claim Compensation?

By Lewis Cobain. Last Updated 1st November 2022. Welcome to our guide for domestic abuse victims claims. It’s fair to say that the Coronavirus (COVID-19) lockdown has caused problems for many of us. However, these problems might be considered minor compared with somebody who is abused in their home during the lockdown. If you’ve suffered domestic abuse during lockdown, you might be here to find out if you could claim compensation. In some cases, that might be possible through the Government’s Criminal Injuries Compensation Authority (CICA). Therefore, we’ll look at when you could be eligible to claim, what you could claim for and how much you could receive. We’ll also look at domestic violence statistics since lockdown.

Domestic abuse during cornoavirus lockdown

Domestic abuse during coronavirus lockdown

We understand that discussing domestic abuse with a stranger might be difficult for you. Here at Legal Expert, we have a team of friendly advisors who can provide free legal advice and a no-obligation assessment of your claim. They won’t pressure you at all and will work at a pace that works for you. If there’s a chance you could be compensated for your suffering, they’ll refer you to one of our No Win No Fee solicitors.

If you would like to talk to us about starting a claim today, please call 0800 073 8804. Alternatively, to find out more about claiming for domestic violence cases during lockdown, please continue reading.

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A Guide To Claims For Domestic Abuse During Lockdown

In this guide, we’re going to explain when you might be able to claim compensation because of suffering caused by domestic abuse during lockdown. Whether you were already involved in an abusive relationship or if the added stress of the lockdown led to it happening for the first time, we’ll review when you might be entitled to claim. We’ll look at the different types of abuse that could lead to a claim, what support is available and what evidence you can use to support your claim.

In many cases, where the abuser doesn’t have the means to compensate you, a claim may still be possible. The Government-run CICA scheme is able to compensate you for injuries sustained during criminal acts against you. Therefore, we’ll look at how the CICA scheme works, their eligibility requirements and what can be included in your domestic abuse victims claims.

When seeking compensation, there are a number of different elements that can be claimed for. That’s why we advise having a specialist solicitor on your side. They’ll have the knowledge to know what you can include and what you can’t. This is really important because once you’ve settled a claim, you can’t go back and ask for something you’ve forgotten to claim.

All claims have time limits that must be adhered to (which we’ll cover later on), so we advise that you seek legal advice as soon as possible. When you’ve read this guide, if you have any outstanding questions or would like to discuss your claim, please contact a friendly member of our team.

What Is Domestic Abuse During Lockdown?

Domestic abuse can be defined as where a pattern of incidents of coercive, controlling, threatening, violent and degrading behaviour takes place. It is often carried out by a partner, family member or carer.

There are many forms of domestic abuse which can take place and the stresses of lockdown can lead to increased anxiety. This could increase the level of abuse in some cases.

We’re looking at types of abuse, things to look out for and what support is available over the coming sections. If you are in immediate danger or suspect somebody else is, it’s important that you contact the police as soon as possible.

Should you want to look at making a compensation claim through the CICA scheme because you’ve suffered injuries as a result of abuse, please get in touch with a member of our team. We’ll work with you, at a speed that you find acceptable and without placing any pressure on you. If you simply want free legal advice on your options, that’s fine. We’ll provide whatever advice you require and, if you decide to claim, we could provide you with a No Win, No Fee solicitor to support you. Our team of solicitors will always try to ensure you receive the right level of compensation for your suffering.

Signs Of Domestic Abuse To Look Out For

If you suspect that somebody is being abused, there are a number of signs you could look out for. These include:

  • Signs of physical injury like cuts or bruises.
  • If the victim is not allowed to leave the house. This could be the case even during lockdown whether daily exercise or shopping is allowed.
  • Where the victim’s social media is being monitored by their abuser.
  • Where the victim’s finances are being controlled, causing a financial loss.
  • If the victim appears withdrawn or quieter than normal.

These could all be signs that somebody is being abused from physical and mental injury or even sexual assault.

Types Of Domestic Abuse During The Coronavirus Lockdown

Domestic abuse doesn’t always have to include physical violence. There are many different forms that abuse can take, including:

  • Emotional abuse.
  • Sexual abuse.
  • Economic abuse.
  • Coercive control.
  • Verbal abuse.
  • Online abuse.
  • Physical abuse.
  • Harassment or stalking.

If you’re the victim of any type of abuse, whether listed here or not, there are a number of services who can support you. We will include some details or organisations you can contact later on in this guide.

While each of these may be carried out in different ways, if they’ve left you with a physical or psychological injury, you could be entitled to claim through the CICA scheme. Please get in touch with an advisor to explain what happened and they’ll work with you to see if you’re able to make domestic abuse victims claims.

Statistics – Has Domestic Abuse Increased During The Coronavirus Lockdown?

Statistics from different sources are starting to show that there has been an increase in domestic violence due to the lockdown. One report says that the National Domestic Abuse helpline has seen a 25% increase in online request and phone calls in the two weeks since the lockdown started.  The report stated that campaigners were concerned that domestic tensions were increased by the restrictions

(source: https://www.bbc.co.uk/news/uk-52157620).

Another news article suggests that there were 16 suspected domestic violence killings in the UK during a 3-week period since the lockdown. A UK project said that at least 16 killings took place between 23 March and 12 April 2020 which they suggested was much higher than the average of 5 deaths in the same period over the past 10 years.

(source: https://www.theguardian.com/society/2020/apr/15/domestic-abuse-killings-more-than-double-amid-covid-19-lockdown).

Support Available For Domestic Abuse Victims During The Lockdown

The Government has taken steps to reassure anybody affected by domestic abuse during lockdown that support services are still available to them. One key piece of advice is that, in an emergency, you can still call 999. If you’re unable to talk, their advice says that you should listen to the operator and cough or tap the phone if you’re able to. If you get transferred to an automated service, you can press 55 from a mobile to be connected to the police. Another service, operated by Refuge, is the National Domestic Abuse Helpline. They can be called 24-hours a day on 0808 200 0247 to discuss domestic abuse victims claims.

Employer Support

An employer can provide essential support to members of staff who might be at risk of abuse. If an employer knows or suspects a member of staff is being abused, they should try to keep in regular contact. If contact is lost, they should act swiftly to visit them. The Employers’ Initiative on Domestic Abuse website has been set up to help employers understand how they could help affected staff.

Supporting Younger Victims

If you believe a child or younger person is in danger, you should raise your concerns with the police or children’s social care. You could also contact the NSPCC helpline on 0808 800 5000.

Lockdown Domestic Abuse Claims Through The CICA

As mentioned earlier, the CICA is a government department that can compensate you for criminal injuries. They have their own criteria for claiming, which is different from a normal personal injury claim. These include:

  • A 2-year time limit for claiming (which can be extended in some cases).
  • Crimes must have been reported to the police.
  • You must’ve been injured – physical or psychological injury – when the criminal act took place.

There are some exclusions too. For instance, if you have an unspent criminal conviction, you may be refused compensation from the scheme.

As well as physical injuries, it’s also possible to claim for psychological injuries through the CICA scheme. In both cases, medical records are required as evidence to support your claim.

Importantly, if you’ve suffered multiple injuries, the amount of compensation you’ll receive will reduce for each injury. The most serious injury will receive 100% of the tariff awarded, the next will receive 30% and the third most serious will receive 15%. As you’ll see later in this guide, there are a number of special damages or expenses which could be included in domestic abuse victims claims as well.

Time Limits To Claim For Domestic Abuse

If you’re going to claim for domestic abuse compensation in the UK, you’ll need to ensure you do so within the relevant time limit. If the perpetrator has the means to pay compensation themselves and you claim directly against them, then the time limit is generally 3-years and will usually begin from the date the assault took place.

However, if you’re going to make a CICA compensation claim, then the time limit is usually 2-years. There are some special circumstances where this might be extended so please speak to an advisor if you’re unsure whether you’re able to begin a claim or not.

What Do I Need To Make A Claim And Why Should I Make One?

Like with others forms of compensation claim, you’ll need to provide some evidence to claim domestic abuse compensation. Here are some types of evidence you could provide:

  • Photographs of any visible injuries.
  • A police crime number.
  • Details of any witnesses.
  • Copies of threatening text messages or emails.
  • Medical records and copies of any prescriptions.

Don’t worry if you can’t provide all of the items listed. We understand that evidence gathering won’t be your first concern at the time of the abuse. Speak with an advisor and explain what’s happened and they’ll provide free legal advice about your options.

What Is Compensation For Domestic Abuse Victims Worth?

When making a claim for domestic abuse, this will often go through the Criminal Injuries Compensation Authority (CICA). The CICA allows victims of violent crimes to claim compensation.

The compensation awarded by the CICA will be in line with the injuries you have suffered as per  the compensation amounts listed in their tariff for injuries. We have included a table below of injuries listed in the tariff and accompanying compensation.

Edit
Injury Type Compensation Further Details
Mental Injury £17,900 to £51,460 A confirmed medical diagnosis of a mental injury that is seriously disabling.
Face £27,940 to £91,350 Serious disfigurement caused by facial scarring.
Face £3,710 to £12,900 Multiple fractures of the face (Le Forte fractures).
Ear £16,500 Permanent total deafness
– one ear
Eye £3,710 to £8,200 Permanent blurred or double vision – serious.
Fingers £8,550 to £11,480 Fractures of fingers other than the index finger on both hands which cause significant disability.
Arm £90,250 to £122,860 One arm where there is no remaining arm or hand with any useful function.
Pelvis £3,710 to £11,820 Fractured pelvis injuries where there has been continuing significant disability.
Knee Up to £12,900 Where both kneecaps are dislocated and cause continuing disability.

We understand that inquiring or making a claim for compensation for domestic violence can be difficult. However, our team of advisors can answer any questions you may have regarding domestic violence compensation. Please reach out to one of our advisors if you are looking for help.

Special Damages For Domestic Abuse Compensation Claims

When claiming through the CICA scheme, you can claim for physical and psychological injuries. This is known as general damages which are designed to cover pain, suffering and loss of amenity caused by the injuries. The table in the previous section provided some examples of general damages.

As well as general damages, CICA claims can include a number of special expenses or special damages. These are used to cover any financial expenses incurred as a result of your injuries.  The CICA scheme requires you to prove that the expense was necessary, reasonable and incurred as a direct result of the criminal injury. Also, they’ll only cover expense which can’t be covered by other sources like the benefits system or the NHS.

Here are some examples of CICA special damages:

  • Loss Of Earnings. CICA claim could reimburse you for lost income caused by your injuries. To be eligible, you’ll need to have been off work for more than 28 weeks. You’ll also need to demonstrate that you were an employee at the time of the crime against you or provide information about your work history for the previous 3-years. If you didn’t work during the previous 3-years, you’ll need to provide a reason.
  • Physical Aids. CICA could cover the cost of a physical aid, such as a walking stick if it’s required and not available via the NHS.
  • Damaged Property. If any item of your property was damaged during the crime against you, then the cost of replacing it might be included.
  • Home Adaptations. Should you suffer injuries that lead to a disability, your claim could include the cost of any changes to your home that are required.

Care costs, funeral costs and other expenses could also be included so please check with your solicitor.

Solicitors For Domestic Abuse – No Win No Fee Claims

When seeking help from solicitors for domestic abuse claims, you may be concerned about the costs. However, our domestic abuse solicitors can offer their services on a No Win No Fee basis.

Some of the benefits of using No Win No Fee solicitors could include:

  • Not generally requiring an upfront fee to begin working on your claim
  • Only taking a legally capped success fee if you are awarded a settlement
  • If your claim fails, you are not required to pay them

Our solicitors are experienced and have helped many victims of domestic abuse claim compensation. If you would like to work with our team, get in touch for a free consultation.

Start Your Domestic Abuse Claim

You’ve now reached the end of this guide about claiming for suffering caused by domestic abuse during the coronavirus lockdown. If you would like to discuss making a claim with one of our team, here are the ways in which you can contact us:

  • You can call and speak directly to an advisor on 0800 073 8804.
  • If you prefer, you can begin the process online using our live chat facility.
  • You can send an email with details of your claim to info@legalexpert.co.uk
  • Or, finally, you could complete our online form to request a callback.

We do understand that you might find it difficult to discuss the abuse you’ve suffered so our advisors will work at a pace that suits you and they’ll never put any pressure on you. We’ll begin by listening to what happened and what injuries you suffered. Then we’ll work with you to decide whether a compensation claim might be possible. If it is, we could refer you to a personal injury lawyer to begin your claim. If they agree to take the domestic abuse victims claims on, they’ll work on a No Win No Fee basis for you.

Importantly, your solicitor will provide you with regular updates as your claim progresses. They’ll also be on hand to explain any technical legal jargon that pops up along the way.

Essential References & Victim Support

Thank you for reading our guide about claiming for domestic abuse during lockdown. We hope the information we’ve provided has been useful. To help you further, we’ve provided links to more of our guides and some external resources as well. If you require anything else, please call and speak with a member of our friendly team.

  • Woman’s Trust – A UK charity who offers free counselling and therapy for women who’ve experienced domestic abuse.
  • Domestic Abuse – This government website explains how to get support if you’ve experienced domestic abuse.
  • Women’s Aid – A national charity that aims to end domestic abuse against children and women.

Below, you can learn more about CICA claims via our other guides:

Domestic Abuse Victims Claims FAQs

Can I claim compensation for emotional abuse?

Yes, you could claim if your mental health has been affected due to emotional abuse. The psychological effects of abuse can cause issues in your life just as physical injuries can.  Therefore, you deserve to be compensated for them.

In other words, you can claim for mental injuries without also having sustained physical injuries too. The CICA tariff has individual figures for either instance of varying severity. You can even be compensated for physical and mental injuries concurrently if you have experienced both.

Who pays compensation to victims of crime?

Victims are compensated by the CICA. This way, you can be compensated even if the one who caused your injuries is never caught, charged, or even identified. Although, you will still need to provide sufficient evidence, or prove that what happened to you occurred on the balance of probabilities.

Alternatively, it’s possible that you could be compensated by the person who injured you. But, this is less common. This is due to the fact that there is no guarantee that the defendant will have sufficient funds to award to you.

How much will I receive in domestic abuse compensation?

The amount will depend on a few different factors. For example, the severity of your injuries will be taken into account. The impact they have on your life is another thing that is considered. Because of this, the amount will differ depending on the case.

Get in touch with us today for a bespoke valuation.

What should I do if I suffer domestic abuse?

The primary step is to ensure your safety by calling authorities if you’re in danger.

Who should I speak to?

You should call the police if your situation is ongoing and harmful.

Should I alert family and friends?

Yes, if you’re able to do so, you should speak to those closest to you.

When could I file a domestic abuse victim claim?

You can file it as soon as you’re able to do so based on your situation.

How long do I have to file a claim?

You have up to 3 years in the aftermath of the incident.

What injuries could I claim for?

You can claim for any injuries caused by domestic abuse which you can provide evidence for.

What could the evidence consist of?

This includes medical expenses, medical reports and police reports.

How long could it take to receive a settlement?

Once a settlement is agreed out-of-court, you should receive it within 14-28 days.

Thank you for reading our guide for domestic abuse victims claims.

We hope this guide on domestic abuse victims claims, which addresses commonly asked questions such as ‘can victims of abuse get compensation?’ has been useful for you. You can contact Legal Expert online or on the phone if you would like to ask any questions or you’re looking for support with making your claim.

Written by Hambridge

Edited by Melissa.

ASDA Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If ASDA Pharmacy Dispenses The Wrong Medication?

ASDA is a popular supermarket chain in the UK. Many of ASDA’s larger stores also have an on-site pharmacy. Services that ASDA Pharmacies offer include: prescription services, travel health services and advice for minor injuries or illnesses. Unfortunately, there are times when ASDA Pharmacies could make prescription errors. This could include an ASDA drug mixup, where medication that has been prescribed to two or more patients is mixed up, or a dispensing error by an ASDA pharmacist, where a patient is given the wrong type or wrong dosage of medication. Unfortunately, these errors could harm the body, causing the person to become ill or their pre-existing medical condition to worsen.

Asda Pharmacy wrong medication claims

If you have been harmed because of wrong medication negligence on the part of an ASDA Pharmacy, you may be eligible to make a compensation claim. Trust Legal Expert to handle your claim. Our panel of solicitors has decades of experience in handling medical negligence cases, so your claim is bound to be in safe hands.

Call us today on 0800 073 8804, to speak to a medical negligence claims advisor, or use our online claims form to contact us. If we can see that you are owed compensation for a pharmacy error, we may be able to provide you with an experienced medical negligence solicitor who could start working on your claim right away.

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A Guide To ASDA Pharmacy Negligence Claims

ASDA is one of the UK’s largest supermarket chains. It was founded in 1949 when supermarket owners, the Asquith family, merged with the Associated Dairies company of Yorkshire. ASDA was bought by US retail giant Walmart in 1999. As well as offering supermarket shopping, ASDA also offers other services to its customers, such as ASDA Mobile phone services, ASDA Money financial services and the ASDA Pharmacy. According to the Company Chemists Association (CCA), there are 250 ASDA Pharmacies in the UK.

We have created this wrong medication negligence claim against ASDA Pharmacies for anyone who was given the wrong medication by an ASDA Pharmacy and was harmed as a result. We will explain what a prescription error is and how it could happen. We shall also look at what effects an ASDA Pharmacy prescription error could have on a patient. We will explain how to make a prescription negligence claim against an ASDA Pharmacy and have included a claims calculator, similar to a personal injury compensation calculator, which could help you to estimate how much compensation for the wrong prescription could be worth.

Remember, if you have been made ill or had your pre-existing medical condition worsened because of negligence on the part of an ASDA Pharmacy, you may be able to claim compensation for your injuries.

Contact Legal Expert today to talk about your ordeal and if you are able to make a compensation claim, a knowledgeable solicitor will be assigned to your claim.

Sources:

https://thecca.org.uk/our-members/

What Is A Pharmacy Negligence Claim?

Pharmacists owe patients a duty of care. This means that they are obliged to provide them with an adequate standard of care that upholds their health and safety. We will talk about this in more detail later. If the pharmacist acts negligently, causing an unwanted occurrence which leads to the patient becoming injured, ill or worsens a medical condition that they already have, this may be considered pharmacy negligence. Pharmacy negligence is a type of medical negligence and it may also be known as pharmacy malpractice. A common incident of pharmacy negligence could include the pharmacist giving the patient the wrong medication, the wrong dosage of medication, or other types of prescription errors.

If a patient is harmed because of pharmacy negligence, they may be able to make a pharmacy negligence claim for compensation. If you believe that you are owed compensation because of a wrong medication incident at an ASDA Pharmacy, call Legal Expert today to check if you are eligible to claim.

Statistics On Wrong Medication Negligence

How common are wrong medication prescription errors? Prescription errors are a relatively common form of medical negligence. Fortunately, the majority of prescription errors result in moderate to low levels of harm for the patient.

A report conducted by the General Medical Council (GMC) found that as many as 1 in 20 prescriptions across the UK featured an error. Of these, 42% were judged to cause minor harm to the patient, 54% judged to cause moderate harm to the patient and 4% judged to cause severe harm to the patient. This is the same as 1 in 550 prescriptions causing the patient severe harm. These statistics do not relate specifically to pharmacies, but prescriptions in general.

Other findings from the report found that patients were more likely to experience a medication error if they were taking several medications. In fact, there was a 16% increase in the likelihood of an error, with every additional type of medication that the patient took. The report also found that patients aged 75 years or older were more than twice as likely to experience an error than younger patients aged 15-16 years old.

Sources:

NHS source information

Causes Of Pharmacies Making Wrong Medication Errors

In some cases, a doctor may prescribe a patient the wrong medication, or the wrong dosage of their medication. This will cause the pharmacist to make a dispensing error. Pharmacists should talk to the patient or their doctor if they believe that there is an error. If it is the doctor that has made the prescription error, they will usually be held liable for any injuries caused to the patient.

Types Mistakes Which Could Be Made By A Pharmacy

There are a variety of different ways in which pharmacies could make a mistake. Here are some examples of pharmacy medical negligence errors:

Dispensing The Wrong Medication

A dispensing error is made by an ASDA pharmacist, leading to the patient receiving the wrong type of medication. Certain medications could have a toxic effect on the body if taken unnecessarily or in combination with other drugs, potentially causing severe harm to the patient.

Dispensing The Wrong Dosage

A pharmacy gives the patient the wrong dosage due to an error on their part. The pharmacist may dispense either too high a dosage of the medication or too low a dosage of medication to a patient. Either of these could result in the patient’s overall health being impacted. They may find their illness becomes worse, or that they are harmed due to the side effects of the high dosage.

An ASDA Drug Mix Up

An ASDA drug mix up is where a pharmacist mixes up packages belonging to two or more customers so they receive the wrong medication. There was recently an incident in Cornwall where a young child who had been in hospital was prescribed antibiotics. Her mother took the prescription to an ASDA Pharmacy. Later it was discovered that a different name was on the bottle and the medication was not correct. Upon further investigation, it was found that she had been given medication for another patient, with a different medical condition. The branch of ASDA Pharmacy admitted their prescription error. Thankfully the child was unharmed, however, the consequences could have been more serious.

Sources:

News story source: www.cornwalllive.com/news/cornwall-news/mums-fury-after-asda-pharmacy-3731096

Giving Incorrect Instructions

Pharmacists are also responsible for advising a patient and providing them with information about how to take their medication (for example, some medications don’t work properly if they are not taken with food). If the pharmacist provides the patient with incorrect or misleading information this can lead to the medication being ineffective, or the patient becoming harmed.

Wrongly Mixing Ingredients

If the pharmacist mixes medications, for example, ADHD medication with blood pressure medicine it could lead to people experiencing adverse effects or could see the condition they need to treat with medication worsen. 

Dispensing Damaged Or Expired Medication

A pharmacist dispenses medication which is expired or has ingredients which are not fit for use.

What Effects Could The Wrong Medication Have On You?

If a patient is prescribed the wrong medication, they could be harmed in many different ways. If the patient is allergic to a type of medication, such as penicillin, the patient could experience an extreme allergic reaction called an anaphylactic shock, which could result in the patient slipping into a permanent coma, or even dying. 

If a patient receives the wrong type of medication, this may also have a toxic effect on the body, leading to them becoming ill. In some instances, the medication may have a harmful effect, when mixed with another type of medication. For example, the blood thinner coumadin should not be mixed with aspirin or ginseng as it can increase the likelihood of internal bleeding, or a cut not healing as quickly as it should.

If a pharmacy gives a patient the wrong dosage, that can also have an adverse effect. If the patient experiences a drug overdose, they could potentially experience cardiac arrest or liver damage. If the patient receives too small a dosage of medication, the medicine may not work at all, causing the patient’s medical condition to get worse over time.

Steps To Protect Yourself From Negligence By A Pharmacy

We advise patients to always check the label before they take their medication to safeguard against any medication mix-ups. Check that it is your name on the label and the medication is what your doctor has prescribed you. When checking the label, make sure the dosage is the same as what your doctor prescribed. Similarly, if the bottle or package your medication came in appears to be correct, but the medication itself looks different to what you usually receive, contact your doctor or pharmacist to make sure there has not been a dispensing error by an ASDA pharmacist.

If you are on a repeat prescription, make sure that the time you are on a repeat prescription does not exceed the recommended duration. This means that your doctor will be able to check that your repeat prescription is still correct for you.

Pharmacy Negligence And Wrong Medication Claims

If you have been made ill, or your existing medical condition was made worse because of an ASDA drug mixup or a dispensing error by an ASDA pharmacist, you could be eligible to claim compensation. You may have come across a  personal injury claims calculator before. We find they can be cumbersome to use, so instead, we’ve included a table below detailing relevant injuries and illnesses. 

Edit
Type Of Illness Or Injury Comments On This Injury Damages with 10% uplift
Level A – Kidney damage This is the most serious level of damage. The victim may have severe forms of injury to both of their kidneys, or have lost function in both. £158,970 – £197,480
Level B – Kidney damage The victim may have a significant risk of future kidney function loss or similar illness. Up to £60,050
Level C – Kidney damage At this level, one of the kidneys has lost most or all function, but the other kidney is working. £28,880 – £42,110
Level A – Chest injuries Chest injuries may cause harm to the internal organs situated in the chest. Level A includes significant injuries. £94,470 – £140,870
Level (i) non traumatic injuries Such injuries or illness may lead to you suffering toxicosis, pain, vomiting or diarrhoea. £36,060 – £49,270
Level (ii) non traumatic injuries Such injuries should not be permanent. They may cause harm to your sexual function or to your bowels. £8,950 – £18,020
Level (iii) non traumatic injuries The victim may experience some form of pain or discomfort. They may require hospitalisation. £3,710 – £8,950
Non traumatic injury – Level (iv) This is the lowest level of non-traumatic injury. Claimants may experience symptoms similar to those in other categories, but at a lower level. £860 – £3,710

Please be aware that the figures in this table are just estimates. The value of each claim is determined by its unique set of facts.  For a more precise estimate as to how much money your prescription medical negligence claim could be worth, call Legal Expert today to speak to an advisor.

Additional Types Of Damages You Could Claim

If you make a successful prescription negligence claim against an ASDA Pharmacy, you will be awarded a compensation package consisting of two heads of claim: general damages and special damages. General damages compensate you for the pain, suffering and loss of amenity that you experienced as a result of your injuries. 

Special damages reimburse the claimant for any financial losses or out of pocket expenses that they have experienced as a result of their injuries. Examples of special damages you may be able to claim for medical negligence at a pharmacy include loss of income, medical expenses, travel expenses, home adaptation expenses, at-home care expenses, or mobility equipment expenses, should your injuries have caused you to become disabled.

No Win, No Fee Claims For ASDA Pharmacy Negligence

If you have been made ill or had your existing medical condition made worse because of ASDA Pharmacy malpractice, you may be able to make a medical negligence claim for compensation. If you decided to pursue a claim with us, we can put you in touch with one of our specialist solicitors who will offer to represent you on a No Win, No Fee basis. What are the advantages of making a No Win, No Fee claim?

  • You will not need to pay any fees upfront or during your claim to your solicitor. If your claim is unsuccessful you will not have to pay any of the fees your solicitor has incurred in pursuing your case. This makes No Win, No Fee claims more affordable for many of our clients.
  • If your claim is successful, your solicitor may seek a small contribution toward their fees. This is known as a success fee and would be deducted from the compensation awarded at the end of the claim. Don’t worry, success fees are legally capped and will be confirmed with you before beginning the claim. 

To learn more about making a No Win, No Fee claim, read our online guide. Alternatively, get started on your claim by calling Legal Expert today for your free medical negligence claims consultation.

Why Let Us Handle Your Wrong Medication Claim Against A Pharmacy?

If you were given the wrong dosage of medication, the wrong type of medication, mixed medication, expired medication, or were misinformed about how to take your medicine safely and effectively, you could be entitled to claim compensation. Why choose Legal Expert to handle your claim?

  • You will receive a free in-depth personal injury claims consultation where we will be happy to answer all your questions.
  • You will be assigned a specialist solicitor with 30 years of experience to work on your case, so you know your claim will be in safe hands.
  • Our panel of solicitors always strives to achieve the maximum amount of compensation possible for their clients. 
  • Every client gets the option to make a No Win, No Fee claim, so there is less financial risk involved for them.

Start A Claim For Asda Pharmacy Negligence

Start your claim today. Call Legal Expert on 0800 073 8804, or use our online claims form to reach us. If you have legitimate grounds to claim compensation from ASDA Pharmacy, we would love to represent you. So call us today! We’re looking forward to hearing from you.

Essential Resources

In the following resources from Legal Expert, you can learn more about how to make a successful compensation claim for medical negligence.

Clinical And Medical Negligence – Our guide to claiming compensation for the adverse effects of medical or clinical negligence.

NHS Negligence Claims – How Much Compensation Can I Claim? – Our guide to making a claim against the NHS for harm caused by medical negligence.

How Much Compensation For Medical Negligence Resulting In Death? – Our guide to making a compensation claim for medical negligence which has to lead to a patients death.

External Resources

In the following external resources, you can learn more about pharmaceutical and prescription errors.

An NHS News Report About The Number Of Prescription Errors – A report from the NHS looking are prescription errors.

A Guide To Avoiding Prescription Errors From The Pharmaceutical Journal – How prescription errors may be avoided.

 

Written by Chelache

Edited by Billing

Superdrug Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If Superdrug Pharmacy Dispenses The Wrong Medication?

After you’ve visited a GP or hospital, the last part of the treatment chain is a trip to the pharmacy to collect a prescription. Pharmacists are medical professionals who have a duty of care towards patient safety and they must ensure prescriptions are dispensed correctly. In this guide, we look specifically at making a Superdrug Pharmacy wrong medication claim. We look at the sort of pharmaceutical errors that could happen, what effects they might have on you, and when a pharmacist might be held liable for any suffering you endured.

Superdrug Pharmacy wrong medication claims

If you believe you have a valid case, we could help you begin a prescription negligence claim by offering free advice in an initial no-obligation consultation. Our advisers can assess your claim and should they consider it to be strong enough, they could connect you with a No Win, No Fee solicitor from our panel.

If you’d like to discuss your claim with Legal Expert right away, why not call us on 0800 073 8804? If you’d prefer to find out more about claiming for a Superdrug pharmacist dispensing error before getting in touch, please continue reading.

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A Guide To Superdrug Pharmacy Negligence Claims

When you visit your GP or attend a hospital in an emergency, once a doctor has assessed your injury, they would typically prescribe a course of medicine to manage your symptoms or to try and cure your ailment. The prescription would be dispensed by a pharmacist and it’s essential that they provide you with exactly what the doctor ordered.

If a pharmacist gets it wrong, your symptoms could get worse, or you could suffer side effects. Should this be the case, it may be possible to claim compensation for your suffering if it can be proven it was caused by medical negligence.

This guide looks at what medical negligence entails, what the outcome of a prescription error could be, how it might occur, and when you might be able to claim compensation from a responsible party.

There are time limits that apply to all medical negligence cases. The time limit is the same as that of personal injury claims. In normal situations, you’d have 3 years to claim from the date of the accident. However, when claiming prescription medical negligence, you might not find out until later, which would typically be when a doctor realised a mistake had been made. Therefore, the 3-year time limit would begin from the date you found out about the error or were diagnosed with a subsequent illness.

We’ve provided some additional useful resources as well as our contact details at the end of the guide. You can contact our team at any time if you have any queries. We provide free legal advice about the claims process and what it entails.

What Is Wrong Medication Negligence By A Pharmacy?

There are many different scenarios of why a pharmacist could dispense the wrong medication. We’ll provide some examples in this section. Before we do, it’s important to note that pharmacies are regulated. Also, pharmacists are medical professionals. Therefore, if they breach their duty of care, you could be entitled to claim compensation for any suffering caused by dispensing errors.

Here are some examples of pharmaceutical negligence:

  • Giving a patient incorrect advice about medications.
  • Dispensing the wrong type of medication.
  • Being given somebody else’s prescription medicines.
  • Receiving the correct medication but the wrong dosage.

Importantly, any type of medication negligence error, whether it’s listed here or not, could lead to a claim if it causes you to suffer. We’ll look at some of these scenarios in more detail later in the guide.

If you suspect you’ve received the wrong medication, you should call the prescribing doctor for verification. If you’re asking yourself, ‘How do I complain about a pharmacy?’ There is a link to the General Pharmaceutical Council at the end of this guide.

Statistics – Rates Of Pharmacy Wrong Medication Errors

In 2012, the NHS published a report with the headline: Prescriptions: ‘1 in 20 has an error’. The study the report was based on looked at 15 different GP surgeries in three different areas of England. The team conducting the study took a 2% random sample of patients (1,777 in total) as a representative sample of the population.

Then, each of the patient’s medical records was examined to determine if there were any potential monitoring or prescribing mistakes. In total, 6,048 prescriptions were considered by a panel which was made up of a GP, three pharmacists and a clinical pharmacologist.

The results of the study concluded:

  • 1 in 20 items prescribed was linked to a monitoring or prescribing error.
  • 1 in 550 of those were linked with a severe error.
  • Incomplete information errors made up 30% of the mistakes.
  • Dosage or strength errors accounted for 18%.
  • Incorrect timing of doses made up 11% of the errors.
  • Overall, 42% of the errors were deemed minor, 54% moderate and 4% severe.

Following on from their findings, the team looked at reasons for the mistakes made. They found the reasons to be:

  • GP time pressure.
  • Incorrect use of GP computer systems.
  • Inadequate GP training on safe prescribing.

Based on the report, the General Medical Council has recommended strategies to reduce errors which include improved training, procedures and effective use of computer systems.

Causes Of Wrong Medication Negligence By A Pharmacy

As well as the causes highlighted by the study in the previous section, there are several other reasons why a pharmacy might dispense the wrong medication. These could include:

  • Incorrect drugs are given because they have similar names to those prescribed.
  • A shortage of staff meaning that the pharmacist and technicians are rushed.
  • When medical abbreviations are not understood or checked.
  • Drugs being dispensed because they look similar to those prescribed.
  • A patient being given the prescription of another patient because they have a similar name.

The pharmacist in a shop, GP surgery or hospital is ultimately responsible for what the patient is given. As such, there should be processes in place to check for errors.  Sometimes, it is a technician who makes a mistake which leads to a patient suffering. However, the pharmacist would still be responsible and therefore a medical negligence claim could be raised against them.

Types Of Prescription Negligence Claims

We’re now going to look at some type of negligence that could lead to a Superdrug Pharmacy wrong medication claim.  If you don’t see a scenario listed that relates to your claim, don’t worry, you could still discuss your claim with one of our advisers.

Mistakes In Administration

If the wrong label is placed onto a prescription, it could end up being given to the wrong patient. If that happens, depending on the drug given, adverse effects could occur, or the patient’s existing condition might get worse.

Dispensing The Wrong Medication

Similarly, if the wrong medication altogether is dispensed, the patient might suffer an avoidable adverse drug reaction. While some of these are minor, they can also be very serious and life-threatening in some instances.

Dispensing Incorrect Instructions

If the wrong instructions are provided with medication it might cause problems. For instance, if the instructions said, ‘take once a day’, but the prescription should’ve been, ‘take four times a day’, then the patient’s underlying condition might worsen.

Using Ingredients Which Are Damaged

Some medications need to be kept in sealed bottles or tablet packs to keep them from going off. Some also have use-by dates stamped on packaging by the manufacturer. If these are not adhered to, or seals are broken, the medicine might become ineffective. This could cause the patient to suffer.

Wrongly Mixing Ingredients Or Prescriptions

When a doctor prescribes medication, they’ll usually check whether the patient has any other prescribed medicines which could react adversely with the new prescription. When pharmacists dispense certain medicines, they should check whether the patient is aware of any other products that shouldn’t be taken at the same time as those being dispensed.

What Happens When You Take The Wrong Medicine?

Three main outcomes could occur if you’re given the wrong medication, which could mean you’re entitled to compensation. These are:

  • The medication causes no side effects, but you suffer because your underlying condition isn’t being treated.
  • You suffer side effects such as stomach cramps, diarrhoea, acute pain and even organ damage. These cases, in general, aren’t life-threatening. However, you could seek compensation for the suffering that was caused. Also, as above, your underlying condition could worsen due to the lack of proper treatment
  • Finally, you could suffer an allergic reaction to the medication. Normally, allergies would be checked before medicines are prescribed. However, if you’re given the wrong medication, that check is effectively bypassed. Minor symptoms of an allergic reaction include rashes, dizziness, coughing and wheezing, nausea, vomiting and swollen lips, tongue or face. However, in serious cases, an allergic reaction can be fatal if it causes anaphylactic shock.

Preventing Wrong Medication Errors By A Pharmacy

There are several steps you could take to check for and prevent a prescription error causing you to suffer. These include:

  • Always check that the medicine you’ve been given is labelled in the same way as your prescription.
  • Ensure that every item in your prescription has your name on the label.
  • Check with the pharmacist how the medication should be taken.
  • If you are taking any other mediation, even over the counter treatments, check with the pharmacist for any potential conflicts.
  • Should you be in any doubt at all, check with your GP before taking any medication.

Although medical professionals have a duty of care to prescribe and dispense correctly, taking the steps above could help prevent a mistake from being made.

Calculating Pharmacy Negligence Claims Against Superdrug

Now you’ve read about what scenarios could lead to a Superdrug Pharmacy wrong medication claim, you’re probably interested in how much compensation you could be entitled to. To help with this, we’ve provided a table below detailing relevant injuries and illnesses. If you’ve made a claim before, you may have seen something similar, like a  personal injury claims calculator. However, you should be aware that every claim is unique so the values below may not reflect your own claim. Further, the figures in the table are for one part of the claim. We’ll look at what else can be claimed for in the next section.

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Claim Type Compensation Range Comments
Non Traumatic Injury £36,060 to £49,270 Symptoms like acute pain, diarrhoea, vomiting and fever caused by severe toxicosis. Hospitalisation could be for some weeks and there will be a significant impact on enjoyment of life and ability to work.
Non Traumatic Injury £8,950 to £18,020 Symptoms like diarrhoea and vomiting. These symptoms will ease over a period of 2 to 4 weeks. However, food enjoyment and bowel function could be affected for a few years.
Non Traumatic Injury £3,710 to £8,950 Symptoms which lead to cramping of the stomach, significant discomfort and fatigue. Hospitalisation will be required for a few days. However, minor symptoms will clear up after a few weeks. It may take a year or two to fully recover.
Non Traumatic Injury Up to £3,710 Symptoms of cramps, disabling pain and diarrhoea for a period of a few weeks.

In the table, which comes from a legal document used by courts, insurers and solicitors called the Judicial College Guidelines, you’ll see that compensation is based on the severity of your injuries. Therefore, it’s vitally important that a solicitor provides evidence to support your claim.

When our panel of solicitors takes a claim on, they will require you to undergo a medical assessment with an independent doctor. This is usually arranged locally so that you don’t need to travel too far. The doctor will review your records and ask a number of questions during the assessment. They’ll then prepare a report for your solicitor. That report, along with over evidence you’ve provided, will be used to establish the injuries sustained and the prognosis of those injuries. The value of your claim will generally be based on those findings.

Additional Types Of Compensation You Could Claim

The table in the previous section provided examples of compensation paid for any pain and suffering endured as a result of being given the wrong medication. This type of compensation is known as “general damages”. Another type of compensation claim that can be claimed is known as “special damages”. This is compensation that’s paid to cover any financial losses, or future costs, caused by your suffering.

Some examples of special damages include:

  • Care Costs
    When you require support while you’re recovering, you could claim back any associated costs. For instance, the fees of a professional carer could be claimed for. Also, the time of a friend or family member could be claimed for too.
  • Medication Costs
    In most cases, any treatment required will be provided for free by the NHS. However, it’s still possible to incur medical costs such as prescription fees. Therefore, you could ask for these costs to be paid as special damages.
  • Travelling Expenses
    When you’ve suffered because of wrong medication negligence, you might need to visit your GP or a hospital on multiple occasions. Therefore, it might be possible to claim back fuel or parking costs associated with those trips.
  • Lost Income
    If you don’t receive full pay while off work recovering or while attending medical appointments, any lost income could be claimed back.
  • Future Lost Earnings
    Also, if your injuries are long-term, and reduce your ability to work, then you could claim for future loss of earnings as well.

To help your solicitor claim for special damages, you should try and retain your receipts. Also, bank statements and wage slips could be used. Finally, if you’re not sure if an expense can be claimed back, make sure to ask the solicitor before you commit to it.

No Win, No Fee Claims For Superdrug Pharmacy Negligence

If you’ve been prescribed the wrong medication and are considering making a claim, the costs involved might seem off-putting. However, to reduce the financial risks of claiming, our panel of solicitors offer a No Win, No Fee service for any claim they work on. Not only does this offer you financial protection, but it reduces the stress of making a claim, giving you the confidence to pursue justice.

At the beginning of the claims process, your solicitor will review your claim. They do this because they need to ensure it has a chance of being won. If they decide you have a valid case, they’ll give you a No Win, No Fee agreement to sign, also known as a conditional fee agreement (CFA).

When you review the CFA, you should look for:

  • Confirmation that there are no fees to pay upfront or during the claim and that if the case does not succeed, you will not need to pay any of the fees your solicitor has incurred in pursuing the case.
  • If your claim does succeed, your solicitor may seek a small contribution toward their fees. This contribution is known as a success fee and forms a percentage of the compensation awarded. Don’t worry, success fees are legally capped and the level will be detailed in the CFA. 

To find out if you’re able to claim for a Superdrug dispensing error on a No Win, No Fee basis, please speak with an adviser today.

Why Choose Our Team To Handle Your Pharmacy Negligence Claim?

Now that you’ve read how to make a personal injury claim for medical negligence, we’d like to provide you with some information about how Legal Expert could assist you with your claim.

  • Our team of specialists offer a no-obligation assessment of your claim. Any legal advice they provide is free.
  • You can begin your claim 24-hours a day, 7-days a week by phone or live chat.
  • We have a panel of experienced solicitors who work on a No Win, No Fee basis.
  • Should your claim be taken on, your solicitor will provide regular updates so that you’re kept in the loop.
  • Some of the solicitors on our panel have been handling claims for nearly 30 years.
  • Our panel of solicitors aims to recover the maximum amount of compensation possible.

If you would like any further details on how we could assist you, please contact us today.

Start Your Superdrug Pharmacy Wrong Medication Claim

As we come to the end of this guide about claiming for Superdrug Pharmacy negligence, we hope that you’re now in a position to begin a claim. If that’s the case, we also hope you’ve decided to let Legal Expert assist you. To get in touch with us, you can:

  • Call the specialist advisers on 0800 073 8804 for free advice
  • Chat online, day or night, with an adviser to discuss your claim
  • Or, if you’d prefer a call back from an adviser, please fill in our online claims form

After you contact us, we’ll work with you to look at your case. We’ll review what happened, how it happened and who was to blame. Then we’ll review the evidence you’ve got to back up the claim. If we believe you could be compensated for your suffering, we could refer you to a medical negligence lawyer from our panel. Remember, if they agree to take your claim on, then they’ll work on a No Win, No Fee basis.

Essential Resources on Superdrug Pharmacy Wrong Medication Claims

Now that you’ve read this guide about making a Superdrug Pharmacy wrong medication claim, we’re going to provide you with links to some different guides and external resources. Should you require any further information, please get in touch with a member of our team.

Raising Pharmacy Concerns – Information from the General Pharmaceutical Council on how to report any concerns you might have. You could use this to help if you have any Superdrug Pharmacy complaints.

Reducing Prescribing Errors – A report by The Health Foundation on strategies that could be used to reduce prescription errors.

Find A Pharmacy – This useful tool from the NHS allows you to locate pharmacies in your area.

Can I Sue A Pharmacy? – A guide which explains when suing a pharmacy for negligence might be possible.

Care Home Wrong Medication Errors – Information about when personal injury claims can be made due to suffering caused by medication errors in care homes.

Wrong Dosage Claims – A more detailed look at what problems a doctor prescribing the wrong dosage can cause and when a personal injury solicitor might help you claim.

 

Written by Hambridge

Edited by Billing

Tesco Pharmacy Wrong Medication Claims Guide – How To Claim Compensation If Tesco Pharmacy Dispenses The Wrong Medication?

Have you suffered adverse side-effects due to medical negligence? Has the wrong medication caused a pre-existing condition to deteriorate? If that is the case, then you might be seeking legal advice on how to claim compensation. Pharmacies are required by law to uphold a high code of ethics. A high code of ethics ensures all pharmacies operate at a high standard, and it helps minimise potential risks. For example, a high code of ethics ensures patients receive the correct medication that is the required dosage. But if a pharmacy were to neglect their legal and ethical responsibilities, it could cause their customer’s avoidable injury or harm.

Here at Legal Expert, we understand that a prescription error by a pharmacy could be a costly experience, resulting in various health implications. If you have been injured due to the fault of a Tesco Pharmacy, then you might be seeking legal advice on how to claim compensation. This guide is set to discuss Tesco Pharmacy negligence claims in greater length, providing details and applicable information. However, if you wish to speak to a professional regarding your potential claim, why not talk to a member of our team? Our phone lines are free to call, and our team of advisers are available 24 hours a day, 7 days a week.

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A Guide To Tesco Pharmacy Wrong Medication Claims

Tesco Pharmacy wrong medication claimsAll Pharmacies are held to a high code of ethics, which has been outlined by The General Medical Council (GMC). However, if a Tesco Pharmacy were to neglect their duty of care, this breach could result in a medication error to occur. Not only could a mistake of this nature cause innocent patient adverse side-effects, but it could lead to severe and life-altering health implications. If you have endured a degree of damage due to the negligent actions of a Tesco Pharmacy, then you could have grounds to make a claim for compensation. To successfully discuss Tesco Pharmacy claims, this online guide is set to answer the following questions:

  • What is a personal injury claim?
  • What is, duty of care?
  • What are the effects of a prescription error?
  • Who is at fault for a prescription error?
  • How could Legal Expert support me when making a claim?

Towards the end of this online guide, it will have successfully answered the questions that are located above. However, if you wish to speak to a legal professional regarding your potential claim, why not give Legal Expert a call? One of our advisers would be more than happy to talk with you and answer any questions you might have.

What Is Tesco Pharmacy Negligence You Could Claim For?

You might be questioning what is meant by a Tesco Pharmacy error, and how are they caused? Many people use Tesco Pharmacies to pick up repeat prescriptions, medication for an unexpected illness, or one-off purchases, such as painkillers. To ensure all personnel are qualified to dispense medicinal drugs, Tesco Pharmacists will be trained in the science of pharmacy. This ensures they have the right knowledge and skills to fulfil the job role and uphold their duty of care.

If a pharmacy were to deviate from their duty of care, it could cause a medication error. Not only could a medication error result in pain and suffering, but it could cause pre-existing conditions to deteriorate, or, in severe cases, it could lead to death. If you or a loved one have been affected by Tesco Pharmacy negligence, then you might be seeking advice on how to make a claim for medical negligence. Within the following sections, it shall provide those affected by a pharmacy error with useful information.

Statistics – How Many Prescriptions Errors Are Made In England?

A report published by the General Medical Council in 2012 found that 1 in 20 prescriptions included an error. This study examined 15 GP surgeries located across various parts of England, and it looked at 1, 777 patient’s individual orders. The study examined over 6,000 prescriptions. The study concluded that 42% of errors were minor, suggesting no real threat to the patient’s life. It also stated that 54% of mistakes whereof a moderate error, and 4% were severe. In addition to these findings, the study also included the following statistics:

  • The most common error was a failure to request monitoring (69%).
  • 4 in 10 patients over the age of 75 suffered from a prescription error.
  • 11% of the mistakes made were in connection to timing.

Causes Of Dispensing Errors By Pharmacies

Primarily, a dispensing error could be caused if there are inconsistencies or deviations from the standard prescription process. In doing so, this could lead to:

  • The wrong drug being dispensed
  • The improper dosage being dispensed
  • The wrong quantity being dispensed
  • Incorrect or inadequate labelling
  • Incorrect directions for use being provided

Medication errors should not be taken lightly, as they could cause health-related severe implications. Unfortunately, if a pharmacist were to deviate from their duty of care, this breach could result in a medication error. In addition to dispensing errors, a medication error may also be caused by one of the following factors.

  • Transcription Errors – Transcribing errors are caused when the handwriting on a prescription is difficult to read. Due to poor or unreadable writing, a pharmacist could misread or misinterpret the prescription, leading to a medication error.
  • Prescription Errors – Prescription errors could be caused due to slips, lapses, or mistakes made by a medical professional. In some circumstances, a prescription error is connected to a prescription mix-up, providing the wrong medication, giving a patient the wrong dosage, or incorrect instructions.

Types Of Medication Negligence By A Pharmacy

Producing, preparing, dispensing, handling and reviewing medication is a pharmacist’s primary role, and to ensure this role has been ethically and safety achieved, there are measures set in place. For example, the General Medical Council (GMC) state that those who prescribe and manage medication are required to keep up to date with the law, keep documentation of their work, and provide treatments that are based on the best available evidence. The General Medical Council (GMC) also state that pharmacists are obligated to:

  • Have a high standard of knowledge regarding medication.
  • Understand their limits and seek support if required.
  • Use accessible resources, such as data and records.
  • Ensure the health and safety of their patients is the highest priority.
  • Pharmacists are solely responsible for the medication they sign for and any decisions they make.

The measures outlined by the GMC have been set in place to ensure all patients receive universal, safe, and effective treatment. But despite the comprehensive steps that have been set in place, if a medical professional were to deviate from their duty of care, it could lead to various errors. We have outlined some medication errors that could occur if a pharmacist were to neglect their duty of care.

Mistakes In Administration – Errors of this nature could be caused by faulty equipment, understaffing, and various technical errors.

Dispensing The Wrong Medication – As outlined in the previous section, dispensing errors could be associated with the wrong dosage, the wrong medication, or inadequate labelling.

Dispensing Incorrect Instructions – Giving patients the correct instructions when prescribing medication is vital, as it ensures the medicine is being consumed correctly. Being provided with wrong instructions could lead to medication being taken incorrectly.

Wrongly Mixing Prescriptions –  Not only could this cause a patient to receive the wrong medication, which could cause adverse effects, but it means a patient’s illness could go untreated.

What Impacts Could The Wrong Medication Have On A Customer?

If a customer were to be prescribed the wrong medication, it could lead to various health complications and side effects. In some circumstances, the effects of a prescription error could result in short term complications, such as nausea and headaches. But in severe conditions, prescription errors could lead to one of the following implications:

  • Death.
  • Internal Bleeding.
  • Disability.
  • Seizures.
  • Liver Damage.

If you have been prescribed the wrong medication but haven’t experienced adverse side-effects, then you would not be eligible to claim compensation. To make a medical negligence claim, you must have suffered a degree of injury or illness. For example, if you suffered from an allergy and were to be prescribed harmful medication, it could lead to a life-threatening condition known as anaphylaxis. Not only could an anaphylactic shock cause pain and suffering, but in severe cases, it could lead to death.

Steps To Prevent Mistakes Being Made

Despite the measures the General Medical Council set in place to prevent medical negligence, you might question if there are steps you could follow to protect yourself from pharmaceutical errors? To protect yourself from pharmacy negligence, you could consider following these steps:

  • Check your medication.
  • If you have several boxes of medication, check that your name is on all of them.
  • Ask the pharmacist how to take your medicine, ensure you have been given the correct steps.
  • If you are taking medication for another condition, ensure the pharmacist is aware of your condition and the medication you are currently taking.

Compensation Calculator For Wrong Medication Negligence

You might question how much compensation could be awarded for a Tesco Pharmacy error? When claiming compensation, it is essential to highlight that two categories of damages could be taken into consideration. These are known as General Damages and Special Damages. Within this section, it shall explore General Damages in greater length and provide a personal injury claims calculator.

General Damages will be awarded to those who experience a degree of physical injury or psychological trauma. To be awarded General Damages, you will be required to provide a medical report. Within the report, it should detail the type of injury you’ve sustained, the severity of the injury, if you’ll require future treatment, and how the damage will affect your day-to-day life. To outline how the severity of an injury plays a crucial role within the claims process, we have provided a personal injury claims calculator.

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Injury Severity Awarded Compensation Description
Brain Damage Minor £14,380 to £40,410 Those who endure minor Brain Damage are expected to make a significant recovery. However, they could display symptoms, such as behavioural issues, memory loss, and concentration issues.
Brain Damage Severe £264,650 to £379,100 Severe Brain Injury is expected to have life-altering effect. Symptoms could include sensory impairment, a change in personality, behavioural issues, and communcation issues.
Bowel Damage Minor £11,820 to £22,970 Minor bowel damage is expected to cause damage for a significant length of time, however, it will return to a natural function.
Bowel Damage Severe Up to £172,860 Severe Bowel damage will have a life-altering impact. In most cases, those who experience severe bowel damage will loss complete loss of natural function and experience additional complications.
Kidney Damage Minor £28,880 to £42,110 Compensation of this bracket could be awarded to those who experience minor Kidney damage. This is where one kidney is removed, but no damage to the second is caused.
Kidney Damage Severe £158,970 to £197,480 In this bracket, those who lose or endure damage to both kidneys could be awarded compensation.

The figures within the table are based on the Judicial College Guidelines, which directly applies to England and Wales based claims. However, it is worth highlighting that the figures listed within the table are for example purposes only. The compensation you could be entitled to may differ, as every claim for compensation is unique. 

Additional Costs Which You May Claim Compensation For

In addition to General Damages, those that pursue a claim for compensation may also be eligible for Special Damages. 

Special Damages could be awarded for the following types of financial loss:

  • Medical Costs
  • The Loss of Income
  • The Loss of Future Income
  • The Cost of Care 
  • Future Career Prospects Being Hindered

To be awarded Special Damages, you will be required to provide various forms of evidence. This could include financial documentation, such as receipts and bank statements. This information will be crucial within the claims process, as it will be used to support your potential claim for compensation.

No Win No Fee Claims – Tesco Pharmacy Wrong Medication Negligence

A Conditional Fee Agreement (CFA), also referred to as a No Win No Fee agreement is a financial agreement between a solicitor and the claimant. If a solicitor offers to handle a claim under a No Win No Fee basis, then it could reduce the threat to your finances and eliminate the financial burden of up-front fees.

If a solicitor takes on a claim under a No Win No Fee agreement and is successful, then you will be required to pay a fee for the services that have been provided. This is also referred to as a success fee, and by law, it is capped at a maximum of 25%. However, you will have the opportunity to discuss the percentage of the success fee before beginning your claim. If a claim for compensation is unsuccessful, then you wouldn’t be required to cover your solicitor’s legal fees.

Why Choose The Team At Legal Expert For Your Claim?

You might be questioning how Legal Expert could support your potential claim for compensation? In the event you are injured due to an avoidable pharmacy error, then a solicitor from our panel could potentially handle your claim. With over 30 years of experience, our panel of solicitors are exceptionally well versed in personal injury law, and they could provide you with advice and support throughout the claims process. So if you wish to make a claim for compensation, why not get in touch a begin your claim with Legal Expert.

It must be stated that in order to make a successful claim with a solicitor from our panel, you must begin your claim within the personal injury claims time limit. The 3 years limit comes into action from the moment you are aware of the avoidable harm. A failure to begin your claim within this time limit will hinder the eligibility of your claim for compensation. However, there are exceptions to the time limit. So to discover whether your claim meets the applicable time limit, please speak to a member of our team.

Start Your Claim For Pharmacy Negligence

When you are ready to speak with a professional regarding your potential claim, why not talk to Legal Expert? Firstly, you could call our phone lines and speak to one of our knowledgeable advisers, as they can offer you a free consultation over the phone and answer any queries that you might have. Alternatively, you could submit an enquiry form located on our website, and once submitted, a member of our team will contact you at your earliest convenience.

To enquire online, please click here.

To speak to an adviser, the number to call is 0800 073 8804.

Essential Resources

Within the following section, we have provided some additional materials that could be of use to those that wish to make a claim.

Medical Negligence Claim
Could I Be Entitled To Compensation For A Medical Error?

Hospital Infection Claim
Does A Hosptial Owe Me A Duty Of Care?

Medical Negligence Resulting In Death
Could I Claim For The Loss Of A Loved One?

Written By Brennan

Edited By Melissa.

£60,000 Compensation Payout For A GP Prescription Error – Calculate Amounts

When you get ill, and you don’t seem to be getting better with rest or home remedies or over the counter treatments, your GP could be the person you approach for advice and treatment. You would usually expect your GP to diagnose you and provide the most appropriate advice or treatment for your needs. But what happens if the treatment that the GP prescribes makes you worse? And what if a GP’s error with a prescription means that the harm you’ve suffered could have been avoided? On this page, we take a look at what sort of case could amount to a £60,000 compensation payout for a prescription error made by a GP. In this example, we discuss this type of medical negligence, explaining how prescription error compensation payouts could be calculated, and how you could make a claim if you’ve been harmed by being given the wrong prescription by your GP.

If you would like to call our team to ensure that the advice you get is specific to your particular situation, we can offer a free assessment of your claim. We can be reached on 0800 073 8804. Before you call, however, why not read on to find out more about claiming compensation for a prescription error.

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How Did The Claimant Receive The Wrong Medication?

GP prescription error medical negligence

GP prescription error medical negligence

Medical professionals such as GPs have a legal duty to provide safe and effective care. If they do not do so, and you suffer avoidable harm because of their failure, you could be eligible to claim a compensation payout for a prescription error that has caused you harm. In this case study, we take a look at a patient who suffered severe allergy to penicillin symptoms because of NHS negligence. However, it would be prudent for us to mention that GP negligence cases could also include cases where other medical errors with prescription drugs were made, for example, an under prescription or an over-prescription.

In this case, the claimant was prescribed medicine that they were allergic to. A GP surgery should have records of patient’s allergies, and in this case, the claimant had a documented allergy to penicillin. However, he was then prescribed a medication that contained penicillin. The claimant, with the assistance of a personal injury lawyer, was able to prove clinical negligence by the GP in prescribing the wrong medication, and that the prescription error caused him physical and psychological harm. He received £60,000 in prescription error compensation payouts.

If you were wondering how common this type of error could be, it may be of interest to know that, according to the NHS’s response to an article in the media concerning the headline ‘1 in 20 prescriptions has an error’, a study of 6000 prescriptions across the UK by the General Medical Council found that, while 1 in 8 prescriptions overall had errors, only 4% of these were judged to be major errors, with 54% found to be moderate and 42% found to be minor.

However, their response also recommended that GPs should be better trained in safe prescribing, as well as there being more effective usage of computer systems to avoid prescriptions errors.

What Circumstances Led To The Prescription Error Being Made?

In this case, the claimant, who had a documented penicillin allergy, was prescribed medication from his GP that contained penicillin.

The claimant visited the GP, complaining of a headache, as well as a painful chest. After examination from the GP, he was provided with a prescription for amoxicillin. This antibiotic contained penicillin, which, as mentioned, the claimant was allergic to.

The claimant, after taking the tablets, suffered an anaphylactic allergic reaction, which led him to be hospitalised, leaving him with long-term psychological damage.

What Physical And Psychological Injuries Did The Claimant Suffer?

Soon after the claimant took the tablets that were prescribed to him, he started to suffer from a tingling sensation in and around his lips. He struggled to speak and began to experience severe itching, which, upon scratching led to severe lesions. His lips and tongue began to swell, and because of this swelling, he began to find it difficult to breathe.

Upon being admitted to hospital, the claimant was diagnosed with anaphylactic shock, and was treated in hospital. While his physical symptoms resolved, the claimant began to suffer a panic disorder and PTSD as well as periods of depression due to the experience of having the wrong medication prescribed and other injuries.

What Is An Anaphylactic Allergic Reaction?

Unfortunately, if you are severely allergic to something, and you are exposed to it, your body could develop a life-threatening reaction, called anaphylaxis. This condition tends to develop quite suddenly, with rapid onset symptoms such as:

  • Wheezing
  • Fast heartbeat
  • Feeling faint
  • Feeling light-headed
  • Having trouble breathing (shallow, fast breaths)
  • Skin turning clammy
  • Anxiety
  • Confusion
  • Collapsing
  • Losing Consciousness
  • Hives
  • Itching
  • Nausea
  • Vomiting
  • Swelling
  • Pain in the stomach

Left untreated, anaphylaxis could be fatal, so getting emergency medical treatment is vital. If someone shows signs of anaphylaxis, you should:

  • Call 999 and mention that you think the person could have anaphylaxis
  • Use an injector if the patient has one but only if you can use it correctly
  • Remove potential allergens as soon as possible
  • Get the person to lie down flat

How Was This Case Concluded?

A letter was sent to the GP in question which explained the claimant’s losses and injuries suffered because of medical negligence at the GP practice. While the GP then admitted making a prescription error, and that the action had been avoidable, they denied the claimant’s psychological injury could have been caused by this.

Evidence was then submitted with psychiatric experts’ evidence that showed the claimant had developed PTSD through the medical errors with the prescription drugs. Once this evidence was reviewed by the GP, responsibility was eventually admitted, and a settlement of £60,000 was agreed on. This compensation payout for a prescription error included loss of earnings and other special damages as well as general damages for the harm caused by the prescription error.

Calculating Compensation For Prescription Errors By A GP

Here at Legal Expert, we are commonly asked about how much compensation specific cases would be worth. While we have not provided a personal injury claims calculator on this page, we have chosen to provide information on prescription error compensation payouts in the table below. The figures you can see here have been compiled from the Judicial College Guidelines and give approximate payout brackets for specific injuries.

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Trust Number of claims Number of incidents Payments made by the trust
Mid Essex Hospital Services NHS Trust 79 86 £3,198,878
North Essex Partnership NHS Foundation Trust 16 19 £446,656
South Essex Partnership University NHS Foundation Trust 28 29 £1,120,708

It would be prudent to mention that the figures above may not make up all of your compensation payout for a prescription error. You may have had to undergo counselling because of the post-traumatic stress disorder or another psychological injury you’ve suffered due to anaphylaxis symptoms you’ve experienced, for example, or you may have lost out on earnings while you recovered from the injuries caused by the prescription error. The costs attached to this could also be claimed for within prescription error claims. These are known as special damages, and could also include travel costs or care costs, for example.

No Win No Fee Prescription Error Compensation Claims

Making a claim for compensation might be something you don’t want to go through on your own. Getting a compensation payout for a prescription error might be complicated and having a capable personal injury lawyer on your side could help to make the claims process a little easier for you. If you would like to make a personal injury claim without paying legal fees upfront, you might wish to consider claiming with a No Win No Fee Solicitor. The way in which a No Win No Fee solicitor works is through a Conditional Fee Agreement. This document, which you would be expected to sign before the lawyer takes on your case, requires you to agree to pay your lawyer a percentage of your prescription error compensation payouts if they successfully obtain compensation for you. The percentage they can ask for can’t be more than 25% of your total compensation payout, and is only payable once your compensation has been paid out. If they don’t manage to get you any compensation, even though you have a valid claim, this ‘success fee’ would not be payable.

How Legal Expert Could Help If You Were Harmed By A Prescription Error

Here at Legal Expert, we are ready and willing to help you claim compensation for a prescription error that has caused you to suffer avoidable harm. Whether you have suffered allergy to amoxicillin symptoms because of a wrong prescription, like our case study, or have had anaphylaxis allergy symptoms because you were prescribed another medicine you were allergic to, we could provide a free, no-obligation assessment of your case. We could then provide advice and support tailored to your situation. If we feel that you could have a valid medical malpractice claim, we could provide you with a personal injury solicitor, who would be able to take your claim forward on a No Win No Fee basis.

Start Your Claim For A Prescription Error

We could help you get a compensation payout for a prescription error, if you are eligible to make this type of personal injury claim. Whether you are looking for advice, or are ready to begin a clinical negligence claim for the harm you’ve suffered because you received the wrong prescription from a doctor, calling 0800 073 8804 will connect you to one of the Legal Expert team. Alternatively, you can email info@legalexpert.co.uk, use the live chat or fill out our contact form. We’re waiting to help you.

Where To Learn More

GP Negligence Claims – Here, you can read our guide relating to GP negligence claims.

Wrong Dosage Claims – Here you can see more about claiming for being harmed by a wrong prescription, this time for an incorrect dosage.

Wrong Medication Claims – Here, you can read more about making a claim for the wrong medication.

NHS Anaphylaxis – The NHS has produced guidance for patients suffering from anaphylaxis, and those that may be with them when they suffer symptoms of a reaction.

BMJ – Getting The Label Right – This report in the British Medical Journal covers how to assess the labelling of a medication that contains Penicillin, in order to avoid allergic reactions.

Government Review On Wrong Medication – Here, you can find information relating to the Short Life Working Group which covers wrong medication cases.

MORE THAN Insurance Claims Guide – How To Claim Compensation For Whiplash Injury Claims Against MORE THAN Car Insurance?

Have you had the misfortune of being the victim of a whiplash injury? If so, once you have dealt with your injuries and the shock of the event, you may wish to explore the possibility of getting compensation if the accident was not your fault. In this guide, we will reveal everything you need to know about how to claim compensation for whiplash against MORE THAN car insurance if the driver at fault was insured by this insurance provider.

One thing you may wish to do if you’ve found yourself in this situation is to get in touch with Legal Expert. Handling these types of claims is our speciality. We have a great live chat feature on our website, the details of which can be found at the bottom of the page. Or, why not give us a call on our free legal helpline? You will speak to one of our advisors who will happily tell you whether you have a strong case or not. The number you need is 0800 073 8804. Before you give us a call, we recommend reading through the sections below to find out more about claims against MORE THAN car insurance.

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A Guide To Whiplash Claims Against MORE THAN Insurance

Whiplash compensation claim against More Than Car Insurance guide

Whiplash injuries can be seen as fairly common. Whilst they usually occur because of road accidents, they could happen as a consequence of many other incidents as well. Thankfully, in most instances, the injuries are minor and many people make a full recovery. Yet this might not always be the case and sometimes, whiplash injuries and their symptoms may drag on for months. Irrespective of how your whiplash injury occurred, and no matter how severe it may be, you may be interested in the possibility of making a  car insurance claim for whiplash if the driver at fault was insured by MORE THAN.

It may be prudent for us to mention that a whiplash injury could happen in many different ways. From passenger accidents to incidents whereby you may have been driving a vehicle and someone else crashed into you, whiplash is certainly an injury that could be commonly associated with an accident on the road. However, when it comes to claims for whiplash injuries, it does not matter how the injury occurred. What matters is that you can answer yes to the following questions:

  1. Did the driver insured by MORE THAN owe you a duty of care? In most cases, this will be yes.
  2. Did the standard of their driving breach their duties of care?
  3. If yes, did you suffer an injury as a result? 
  4. And lastly, did the incident happen within the last three years? This point will be discussed in more detail below.

These are the general requirements when it comes to making a claim for whiplash.

In this guide, the aim is to provide you with thorough information about how to claim compensation for whiplash against MORE THAN car insurance. This includes details on how to make a MORE THAN car insurance claim, as well as the different whiplash insurance claim settlements that people could receive for cases similar to yours. Should you have any queries about any of the information that is put forward in this guide, please do not hesitate to get in touch with us to find out more.

What Is A Whiplash Injury?

Whiplash may occur as a result of a road traffic accident. This is because a person’s head could jolt backwards and forwards when there is a sudden impact,  straining or tearing the muscles and soft tissues in the neck. Some of the most common symptoms of this injury could include:

  • Dizziness
  • Pain in the neck
  • Pain in the arms or shoulders
  • Inflammation
  • Swelling
  • Aching
  • Headaches

Some people who suffer from whiplash may not experience such symptoms straight away. You may feel fine immediately after the accident, but after a day or two the symptoms mentioned could start to develop. This is why we would urge anyone who has been in a car accident to seek medical attention, even if you feel fine so that you could be provided with relevant advice from a medical professional.

Should I Make An Insurance Claim For Whiplash Against My Policy?

If someone else was at fault for an accident that you received a whiplash injury in, you should make a claim against the other person’s insurance company, and not your own. If you are partially at fault, your own insurance company may pay for your claim, but we will cover this in a later section. Here, we take a look at why you may wish to claim compensation if you’ve suffered a whiplash injury in general.

You may be wondering whether or not you could be entitled to compensation for your whiplash injury, and whether you should proceed with making this type of MORE THAN car insurance claim. Generally, it may be a good idea to make a personal injury claim if the whiplash injury happened within the relevant time limit, if someone else caused the accident, and this was a person that owed you a duty of care. For example, another person driving on the road could owe you a duty of care, as they should drive safely and according to the rules of the Highway Code to ensure they do not endanger others.

If someone has been negligent, and this has caused you injury, we believe it may be appropriate for you to claim for your suffering and pain. As well as this, the accident may have caused you financial harm, because you may have required time away from work to recover, which may have cost you in lost income. You may also have had to pay for travel to medical appointments, and perhaps even physiotherapy to recover from your injuries. These costs could be covered within a claim so you would not be left out of pocket because of someone else’s negligent behaviour on the road.

When it comes to fitting the criteria to make a personal injury claim, there would be a time limit within which you would have to launch a claim. While in most cases, the claim should have been made within 3 years of the accident date,  there could be incidents whereby cases have been brought after this time, as some exceptions to the time limit could apply. In addition to this, even if you are partially at fault, you may still be able to make a claim. However, your compensation payout would likely be reduced because of your involvement.

We would recommend that you give us a call, rather than dismissing your chances altogether if you are not sure whether you would meet the criteria for a whiplash insurance claim.

Insights Into Claims Against Insurance Companies

You may not have been aware of the fact that you do not have to use your insurance company’s solicitor to handle your claim, although they may try to persuade you to do so. The liable party’s insurer may also try to persuade you to take an offer of settlement without going through the claims process.

However, according to the Insurance Companies (Legal Expenses Insurance) Regulations 1990, you are entitled to choose your own solicitor and are under no obligation to use the solicitor that the insurance company offers you. In addition to this, what insurance companies might not want you to know is the fact that you could get 2-3 times more compensation if you refuse a pre-medical offer and use a solicitor for your claim.

The facts relating to this were produced in response to a Freedom of Information Request from the Financial Conduct Authority.

Could I Claim If Partially At Fault?

If you have been involved in a road traffic accident, and it was partly your fault, you may wish to consider the prospect of making a MORE THAN car insurance claim. This is because such claims could be settled with a split liability agreement. After all, an accident cannot always be blamed on one person. Sometimes numerous parties are to blame for what has occurred.

For instance, let us say you were driving along a busy road when another car pulls out of the road and hits the side of your vehicle. Now, if you were doing everything you should be, i.e. driving with proper care and observing the speed limit, the blame would likely be placed fully on the other driver. However, what about if you were speeding as well? If you were, this may have resulted in the other driver misjudging the amount of time that he or she had to turn out of the side road, and so the collision happened. In such a case, it may be determined that you were both to blame for what happened. 

Nevertheless, it is important to make sure that you do not get a ‘knock for knock’ and 50:50 split liability agreement mixed up. When liability is agreed on a 50:50 basis, it means both parties accept 50 per cent of the blame, which means they will both receive 50 per cent of the claim value. Nevertheless, it is worth noting that most cases are not 50:50, as the percentage is up for negotiation, and so it may be something more like 60:40, for example. With a knock for knock agreement, each insurance company involved would pay the losses that their policyholder has sustained, irrespective of who is to blame for what has happened.

What Should You Consider If An Insurance Company Makes You An Offer?

If an insurance company makes you an offer, it may be very tempting to accept it before giving it a lot of thought and consideration. However, it would be wise to take the time to mull over the decision and make sure the offer is right for you. Here are some of the things that you may wish to think about first:

  • Remember, you would not have to accept any offer that has been made to you. The offer that is presented could be lower than what you would receive if you had gone to court or used a solicitor. This is why it may be advisable to look for legal help to aid you through the process.
  • You should not feel like you are under pressure to make the decision quickly. From when the accident happened, you would normally have three years to make a claim. At the same time, we would not recommend leaving it until the very last minute, as this could cause you unnecessary stress.
  • You would not be obliged to use a solicitor that the insurer offers to arrange for you. You could choose your own solicitor.

When Should I Accept A Pre-Medical Offer From An Insurance Company?

You may have heard of the term pre-medical offer, or pre-med offer before. A pre-med or pre-medical offer may be made by the defendant along with an admission of liability. This could be an offer for the claim to be settled in the very early stages before any medical assessment has even been sought. The reason an insurance company may do this is that they may want to save time and money. There could be a risk that you may end up settling for an offer that is lower than what you deserve if you accept a pre-med offer, however, and this is why we would advise you to speak to a legal professional before accepting.

Another point to mention regarding pre-med offers is that, by accepting such an offer, you would not be able to recover any other losses. This means you would not be able to claim for special damages like medical costs, travelling expenses, and loss of earnings. This is why some people may decide that it would be wiser for them to decline a pre-med offer. The decision, however, is entirely up to you.

Calculating Compensation For A Whiplash Injury

How much does car insurance pay for whiplash? This is one of the questions that we could be asked when it comes to making a claim for a whiplash injury. After all, you might want to know how much compensation you could receive if you decide to go ahead with a MORE THAN car insurance claim.

When determining whiplash insurance claim settlements, there may be lots of different factors that would be taken into consideration. For example, the severity of the injury would be considered, as well as any symptoms you experienced. As well as this, your prognosis would be taken into account. How is the injury going to impact the rest of your life? This is an important question that could be assessed when it comes to a MORE THAN car insurance claim for whiplash.

To help you get a better understanding of how much compensation you may be entitled to, we have compiled a table using data from the Judicial College Guidelines. We have done this rather than providing a personal injury whiplash calculator. The table should help you to get a rough idea regarding the sort of payout that you may be able to receive if you do decide to go ahead with a claim. However, if you would like more information, why not contact our team so they could get a better understanding of your case and provide situation-specific advice.

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Type of Injury Severity Compensation Range Details
Neck Injury Minor (iii) Up to £2,300 This compensation range is for soft tissue damage with full recovery within 3 months.
Neck Injury Minor (ii) £2,300 to £4,080 This compensation range is for soft tissue damage with full recovery within 1 year.
Neck Injury Moderate (i) £23,460 to £36,120 This compensation range is for fractures or dislocations that might need spinal fusion.
Neck Injury Severe (iii) £42,680 to £52,540 This compensation range is for dislocations, fractures and severe soft tissue damage which leads to severe conditions, extensive treatment and significant disability of a permanent nature.
Shoulder Injury Minor (i)-(iii) £2,300 to £7,410 This compensation range is for painful soft tissue damage to the shoulder where full recovery is made within in less than two years.
Shoulder Injury Moderate (c) £7,410 to £11,980 This compensation range is for soft tissue damage which takes over 2-years to recover from and also injuries like frozen shoulder.
Shoulder Injury Serious (b) £11,980 to £18,020 This compensation range is for shoulder dislocations or brachial plexus damage which results in movement loss with pain in the shoulder, neck and elbow.
Shoulder Injury Severe (a) £18,020 to £45,070 This compensation range is for brachial plexus damage which leads to significant disabilities.

Other Compensation You May Be Eligible To Claim

It could be prudent of us to let you know that when it comes to determining how much compensation you could receive for your MORE THAN car insurance claim for whiplash, several factors could be taken into account. Firstly, you could be compensated for your actual suffering due to your injury. Secondly, you could also receive compensation for out of pocket expenses. These could include costs you have encountered due to the injury, such as hospital parking, travel expenses, prescription costs, loss of income and such like.

The important thing to remember with recovering such costs is that you need to evidence expenses and losses with receipts, bills and invoices. Therefore, keep a record of everything.

No Win, No Fee Whiplash Injury Claims Against A MORE THAN Insurance Policy

That is one of the great things about Legal Expert – our solicitors only work on a No Win, No Fee basis. This could eliminate potential financial implications should your case not end with a compensation payout. Choosing a personal injury lawyer working on this basis could benefit you in another way, as you would not have to pay anything upfront to begin your MORE THAN car insurance claim for whiplash. In terms of how much money the personal injury solicitor would receive should the case be a success, this will typically be a small percentage of your compensation, which would be detailed in a Conditional Fee Agreement you would be required to sign prior to the lawyer taking on your case. This percentage is legally capped, so you do not need to worry about your lawyer taking all of your compensation as a success fee. If a lawyer doesn’t manage to obtain compensation for you but your claim was valid, then the success fee would not be payable and nor would you have to pay any of the fees your solicitor has incurred in pursuing your case.

Start Your Whiplash Claim

Legal Expert was established several years ago, and we have successfully helped thousands of personal injury victims ever since. Some of them had suffered a whiplash injury and initially wanted to know how to claim compensation for whiplash against MORE THAN car insurance, just like you may have. We have the experience necessary to provide you with the guidance and support you may need. We also have a free helpline available, so you need not worry about spending money for a consultation merely to discover you may not have a case.

Our free helpline puts you in touch with one of our experienced and friendly advisors. They will answer all of your questions and if they believe you are likely to receive compensation, they could offer to match you to a quality No Win, No Fee personal injury solicitor who could handle your whiplash claim for you. The number to call is 0800 073 8804. Alternatively, you can use the live chat feature on our website to speak to one of our agents directly. We also provide you with the option to leave your details and we will contact you at a time that is convenient for you.

Where To Learn More

Whiplash Compensation Calculator – If you would like to get a better understanding of the sort of payout you may be entitled to, why not look at this guide that we have put together.

Whiplash With A Pre-Existing Medical Condition – If you already had a medical condition when you sustained whiplash, you may be wondering if you could make a MORE THAN car insurance claim. We have put together a guide to provide more information on this.

Proving A Whiplash Injury – In this guide that we have put together, we reveal everything you may need to know about how to prove that you have experienced a whiplash injury and, ultimately, strengthen your case.

Whiplash Treatment – This link takes you to the NHS website, where you will find plenty of information regarding the different treatment options that are available for whiplash.

Whiplash Injury Overview – You can use this link to find out more about whiplash as an injury, with information on the symptoms and how the injury happens.

Whiplash Claims Process – This is an insightful link that provides details from the UK Government regarding reforms that were put in place for the whiplash claims process in the UK.

Guide by Jeffries

Edited by Billing