Cauda equina syndrome claims are a way to seek compensation if poor or substandard medical care caused or worsened your condition. Cauda equina syndrome (CES) is considered a medical emergency. It happens when the cauda equina nerves at the base of the spinal cord are compressed. These nerves control bowel and bladder function. They are also responsible for sensation in your back passage and genitals. When compressed, their function can be affected. This can lead to severe pain, bowel and bladder dysfunction, sexual dysfunction and even lower body paralysis. If not urgently treated it can result in permanent nerve damage. If your condition was misdiagnosed or your diagnosis was delayed, you could have grounds to claim compensation.

This guide explains how to make cauda equina negligence claims. We begin by looking at the criteria medical negligence claims must meet. Then, our guide covers the factors affecting how much compensation you could be owed, as well as how long you have to file a claim. Next, you can find information on the reasons why people may claim compensation and how to prove your claim. Finally, we explain how one of our dedicated medical negligence solicitors could help you claim compensation.

To make a medical negligence claim:

• Call our team on 0800 073 8804.
• Talk to us online using our chat.
• Fill out our contact us form for a call back.

Jump To A Section

• Can I Make A Cauda Equina Syndrome Claim?
• What Is The Average Cauda Equina Syndrome Claims Compensation?
• Is There A Time Limit For Cauda Equina Claims?
• What Are The Common Reasons To Claim Cauda Equina Syndrome Compensation?
• What Evidence Will I Need For My Cauda Equina Claim?
• Get Help From Cauda Equina Syndrome Claim Solicitors
• Frequently Asked Questions
• More Information

Can I Make A Cauda Equina Syndrome Claim?

Cauda equina syndrome claims may be made if you can show that a healthcare professional caused you avoidable harm by breaching their duty of care. This may include harm caused by delayed diagnosis of cauda equina syndrome.

We must note that not all instances of delayed or misdiagnosis by healthcare professionals may be classed as negligent. To be eligible to make a cauda equina syndrome compensation claim, you must show that:

• A medical or healthcare professional owed you a duty of care.
• They were in breach of this duty of care. Such as by failing to diagnose a patient presenting with red flag signs of cauda equina.
• The above breach resulted in avoidable harm. This may include permanent nerve damage or sexual dysfunction.

All healthcare practitioners must meet expected professional standards whether working in the NHS or private sector. They should meet expected standards for diagnosis and treatment provided. This may include meeting standards set by professional bodies, such as the General Medical Council.

An advisor from our team could review your case and help determine your eligibility to claim compensation. Following this, they may connect you to one of our specialist cauda equina solicitors.

What Is The Average Cauda Equina Syndrome Claims Compensation?

To find the average compensation awarded in cauda equina syndrome claims, you would need to add together the settlements awarded to successful claimants and divide this figure by the number of settlements made during that time period. However, knowing this figure is unlikely to be of any use to you due to the differences between claims.

For example, a case where someone suffered lower body paralysis (paraplegia) could be awarded between £267,340 and £346,890 in compensation. How much compensation may be awarded for paraplegia, or any other form of harm, may depend on several factors.

The figure above has been taken from the Judicial College Guide (JCG). Solicitors and others working on medical negligence claims may review these guidelines when estimating compensation for your pain and suffering (general damages). Your medical records may also be taken into account.

Below we present further figures from the JCG which may be relevant to this type of case. Please be aware that the first figure was not taken from the JCG. We have added this figure to illustrate a settlement including both types of damages discussed in the following section.

Harm	Severity	Damages
Multiple types of harm + special damages, such as for medical care.	Severe.	Up to £1,000,000+ where also awarded special damages.
Paralysis.	Paraplegia - B	£267,340 to £346,890.
Back.	Severe - A (i).	£111,150 to £196,450.
	Severe - A (ii).	£90,510 to £107,910.
	Severe - A (iii).	£47,320 to £85,100.
	Moderate - B (i).	£33,880 to £47,320.
	Moderate - B (ii).	£15,260 to £33,880.
Bowels.	Total loss of natural function - B.	Up to £183,190.
Bladder.	Loss of control and function - B.	Up to £171,680.
Male reproductive system	Significant sexual dysfunction - C.	£52,490 to £108,310

How Is Cauda Equina Compensation Calculated?

Cauda equina compensation may be calculated by taking two heads of loss into account. The first of these is referred to as general damages, which may be awarded for your pain and suffering. It may be calculated in line with the JCG, as discussed above. The more severe the degree of pain and suffering experienced, the higher a settlement may be. A successful claim will be awarded general damages.

The second head of loss is called special damages. Such damages compensate you for financial losses. These are not awarded automatically and you must present evidence which shows the financial loss you experienced and its connection to the harm you suffered.

Compensation may be claimed for:

• Loss of income or earnings. You can use bank statements and payslips to prove any past loss of income. You may also be able to claim for projected future losses, such as if you are no longer able to work due to the harm you suffered.
• Rehabilitation or care costs. Invoices may be used as proof of domestic care costs. These may be tied to care you needed during your recovery or long-term care in the home or for rehabilitation.
• Medical bills. Again, invoices can be used to show what medical care you paid for in connection to your cauda equina syndrome. For example, you may have had to pay for specialist treatment, or require ongoing medication.
• Travel expenses. Receipts and tickets for travel to essential medical appointments may be provided.
• Home alterations. If you sustained a severe or permanent disability, you may have had to make adaptations to your home. For example, you may have had to adapt your home to accommodate wheelchair access or to install a stairlift. Estimates, receipts and invoices for renovations can be submitted.

Other losses may also be taken into account, if you can show they were incurred due to the harm you suffered. It is important to retain copies of relevant bank statements, invoices, estimates and receipts.

One of our cauda equina syndrome solicitors could help to ensure that you claim for reasonable losses connected to your case. Please contact us for an explanation of how cauda equina syndrome claims may be valued.

Is There A Time Limit For Cauda Equina Claims?

Cauda equina syndrome claims are subject to strict time limits. Typically, this is 3 years from the date on which the negligent treatment took place. However, the time limit could also start from the date that you should have been expected to realise that negligence occurred, otherwise called the ‘date of knowledge’. This time limit is set by the Limitation Act 1980. You must file your claim within this time limit, unless exceptional circumstances apply. Acting and filing a claim promptly can ensure you exercise your eligibility to claim whilst able to do so.

There are exceptions to time limits for suing the NHS or private healthcare providers.

• For minors under the age of 18, the 3 year time limit does not begin till their 18th birthday.
• For those with a reduced mental capacity, no time limit is applied, unless they regain this capacity. At this point the 3 year limit would be applied.

In these cases, a suitable adult could apply to act on the claimant’s behalf. If successful, they would be appointed by the court to act as a litigation friend. Their role may include liaising with a solicitor and ensuring the claimant’s wishes are followed.

Please speak to a member of our team to learn more about cauda equina compensation claims time limit.

What Are The Common Reasons To Claim Cauda Equina Syndrome Compensation?

As stated, CES is a medical emergency requiring immediate diagnosis and treatment. The longer the condition goes untreated, the more severe the outcome may be. Cauda equina negligence claims may arise due to errors in the diagnosis, treatment or post-operative care.

Below we look at reasons why cauda equina syndrome claims may be brought and highlight instances of negligence.

Misdiagnosis / Delayed Diagnosis

A medical professional may misdiagnose CES, delaying its correct diagnosis and treatment. Misdiagnosis or delayed diagnosis may occur where a doctor negligently attributes red flag symptoms to a different condition, such as sciatica. The negligent delay in starting treatment may result in avoidable and irreversible harm.

Scenario: A patient presents to their GP with leg pain and bowel incontinence. The GP misdiagnoses this as sciatica and does not immediately order an urgent MRI scan. The patient presents at A&E a short time later and is diagnosed with CES. The delay in being diagnosed results in permanent bowel and bladder incontinence.

Surgical Errors

Negligent surgical errors could occur during lumbar decompression surgery. This procedure may be used to relieve nerve compression. Errors during spinal surgery could lead to further damage to the cauda equina nerves.

Scenario: A surgeon operates on a patient with CES. They carry on the operation on the wrong site (at the wrong spinal level). This exacerbates the nerve compression and results in a more severe degree of sexual dysfunction.

Post-Operative Complications

Post-operative complications may arise due to negligent aftercare. It may be caused by medical staff failing to manage issues such as infections or blood clots. These could lead to a patient’s symptoms being worsened or developing new symptoms.

Scenario: A hospital misses a post surgical blood clot in a patient’s leg. This causes worsened nerve damage to their leg.

Inadequate Examination

A doctor may carry out an inadequate physical examination or fail to take an accurate medical history. This may lead to their missing red flag symptoms of CES.

Scenario: A doctor fails to carry out an applicable neurological examination of a patient’s lower limb weakness. This leads to the condition not being diagnosed and leaving the patient with severely impaired bowel control.

Birth Injuries

Whilst rare, birth injuries can lead to cauda equina syndrome. Errors during the delivery of a baby, such as through the use of forceps, could cause harm to the baby’s cauda equina nerves or the mother may suffer compression of these nerves.

Scenario: Midwife negligence may occur where they use grossly excessive force when delivering a baby with forceps. In addition to the baby suffering birth injuries, the mother suffers a back injury causing cauda equina syndrome.

These are just some examples of how cauda equina symptoms may be missed or where harm may be caused during the treatment of this condition. If you have been harmed in one of these or another scenario, please contact our team.

What Evidence Will I Need For My Cauda Equina Claim?

You will need a strong body of evidence to make a successful cauda equina claim. This should include proof that you were under the care of a medical professional. It should also show that they breached this duty of care, causing you harm.

Evidence cauda equina syndrome claims may require:

• Medical records, including information on cauda equina syndrome diagnosis. This may include the results of any MRI scans, surgical records, GP notes and other relevant information.
• Independent medical assessments. You may be asked to visit an independent medical expert who will assess your current symptoms as well as review your medical notes. Their report may be submitted as part of your claim.
• Witness contact details may be taken in advance of a solicitor later requesting they provide a statement. Witnesses may have seen your initial diagnosis and treatment, such as seeing a doctor fail to carry out a proper physical examination.
• Correspondence related to your case. You may have letters, emails and other correspondence with a hospital, GP surgery or other medical practice. This may include letters in which a GP refuses to refer you for an MRI scan.
• Financial records. As already highlighted, you must submit evidence such as bank statements or invoices to prove financial losses.

If you choose to work with one of our cauda equina syndrome solicitors, they could assist you in collecting these and other forms of evidence.

Get Help From Cauda Equina Syndrome Claim Solicitors

You could get help from one of our expert cauda equina syndrome lawyers. They could support your claim for spinal cord damage caused by negligent treatment. Our solicitors have decades of combined experience in helping people to make successful medical negligence claims. To date, they have already secured over £80 million in compensation.

We could offer those impacted by cauda equina syndrome negligence:

• A comprehensive No Win No Fee service. We could help you pursue your cauda equina claim under a Conditional Fee Agreement, with no upfront solicitors’ fees. If the claim is unsuccessful, you pay nothing for their work. If you are, you pay a capped success fee, which is taken as a legally limited percentage of your compensation.
• Expert guidance throughout the claims process. From gathering evidence to negotiating your settlement and even communicating with the court if necessary, our team could help you.
• Comprehensive claims support. Whether organising rehabilitation services or arranging an independent medical assessment, our team could help you.
• Help securing interim payments to ensure you can meet immediate medical, care and other related costs.

Contact Legal Expert

Contact Legal Expert today. An advisor could review your case and, if they think you are eligible to claim, connect you to one of our expert solicitors. Our team is available 24/7 and ready to discuss your case. With years of high-level training, we are experts in making cauda equina claims.

To find out more about cauda equina syndrome claims:

• Phone our team on 0800 073 8804.
• Use our online chat.
• Use our contact us form.

Frequently Asked Questions

Below we address frequently asked questions about cauda equina syndrome claims relating to symptoms, treatment and the impact the condition could have on you.

What Can Cause Cauda Equina?

Cauda equina may be caused by trauma or conditions which compress the cauda equina nerves in the spinal cord.

• Herniated, slipped or prolapsed discs in the lumbar spine. This can exert pressure on the cauda equina and may trigger cauda equina syndrome.
• Spinal stenosis, an abnormal narrowing of the spinal cord (which may be age-related or congenital) could compress the nerve root.
• Spinal tumors growing in the lumbar area may grow and exert pressure on the nerve.
• Spinal fractures could lead to swelling and bleeding, disrupting nerve function and creating pressure.
• Traumatic accidents and injuries which compress the cauda equina nerve.
• Errors during spinal surgery damaging the nerve.

What Are The Cauda Equina Symptoms?

Cauda equina symptoms may develop gradually or present suddenly. They require urgent care to avoid irreversible harm. Symptoms may include:

• Loss of sensation/ tingling in the genital area or inner thighs.
• Numbness around the back passage or changed sensation when wiping with toilet paper.
• Difficulty with urination and/or reduced sensation when urinating.
• Unintentional leakage of urine.
• Loss of control of and/or lack of feeling during bowel movements.
• Sexual dysfunction.

Can Cauda Equina Syndrome Be Treated?

There are several treatment options for cauda equina syndrome. These may include:

• Urgent spinal decompression surgery. This must be performed within 24-48 hours of the onset of symptoms. Surgery is carried out to relieve pressure on the cauda equina.
• Cauda equina treated by medication.
• Rehabilitation. Following surgery you may require occupational therapy or post-surgical physiotherapy. In addition, you may require pain management.
• Ongoing care. Patients may require ongoing specialist care and support for persistent issues. These may include problems with bladder dysfunction.

The patient’s degree of recovery may depend on the degree of nerve damage and how soon treatment is obtained.

The Impacts Of Cauda Equina Syndrome

The impact of cauda equina syndrome may be life-altering. Potential impacts may include:

• Permanent nerve damage which could lead to chronic problems, such as bladder and bowel incontinence and sexual dysfunction.
• Impaired mobility due to numbness or weakness in the lower limbs (legs).
• Emotional distress. The impact of the condition could lead to depression and anxiety due to dependency on others or the inability to work and participate in everyday activities.

If you have any further questions about cauda equina compensation claims, please speak to a member of our team.

More Information

Further helpful guides on our site.

• View our guide on hospital negligence claims here.
• Here we look at how to claim if affected by a delay in treatment.
• We look at how to prove medical negligence in this guide.

References.

• Read more about lumbar decompression surgery in this NHS resource.
• Find out how to view your NHS GP health record here.
• Learn more about Statutory Sick Pay in this government resource.

Please contact us if you have any further questions about cauda equina syndrome claims.

You may be wondering what After the Event insurance (ATE) is and what the policy covers? If so, please read our helpful guide and we will explore how After The Event Insurance can highly benefit and provide a safety net for your claim.

This guide aims to supply you with all the information you will need about After the Event insurance policies. Firstly, we look at how ATE works and whether you will need to purchase the policy yourself, or whether it’s financed by a solicitor. Moreover, we discuss how much ATE would cost, and we furthermore explore the multiple benefits of including this policy in your claim. Lastly, we discuss how a No Win No Fee solicitor could help you make a claim for compensation.

Our advisors work around the clock to provide the best service to anyone with questions about making a claim. Furthermore, our advisors could provide a free eligibility to look at the strength of your claim. Please get in touch:

• Call us on 0800 073 8804
• Use our free live chat
• Contact us by filling out our online form

Frequently Asked Questions

1. What Is After The Event Insurance (ATE)?
2. Will I Need To Purchase ATE Myself?
3. Am I Responsible For Paying ATE?
4. How Much Does ATE Cost?
5. What Are The Benefits To Using ATE?
6. What Legal Expert Can Do For You
7. Learn More

What Is After The Event Insurance (ATE)?

Ultimately, After the Event insurance ensures that any costs incurred by you or your solicitor are financially covered in the event that your claim is unsuccessful. In essence, an ATE policy will ensure that you will not be liable for the following disbursements:

• Paying court fees if your claim fails
• Paying witness expert costs
• Paying any evidence-gathering costs such as medical records or CCTV footage for personal injury claims
• Paying travel expenses related to the claim
• Paying for any paralegal or secretarial staff time related to the claim

An ATE policy furthermore ensures that the above legal costs can be covered even if the claim is abandoned, settled or lost at trial. Without an ATE policy, you would be required to pay for the defendant’s legal costs if your claim is unsuccessful.

If you want to find out more about the definition of After the Event insurance, please contact our friendly advisors today.

Will I Need To Purchase ATE Myself?

Essentially, you will not need to purchase an ATE policy yourself if you make a claim with Legal Expert. If you’re connected with one of our experienced solicitors, an After the Event insurance policy will be purchased at the very beginning of your claim by a solicitor. This way, any significant legal costs incurred afterwards will be covered under the policy.

Therefore, you will not need to worry about purchasing an ATE policy yourself when making a claim. To find out more about how to start your claim, please contact our advisory team.

Am I Responsible For Paying ATE?

In essence, you will only be responsible for paying an ATE insurance premium if your claim is successful. Therefore, the ATE policy will be deducted from your compensation at the end of your claim.

However, in the event that your claim is unsuccessful, you will not be required to pay for an ATE policy. Ultimately, the policy acts as a safeguard for any outcome of a claim, and covers adverse legal costs and disbursements. Notably, if you’re connected with one of our solicitors, they will work meticulously to try and ensure a successful outcome for your claim.

To find out more about how the ATE policy is covered if your claim is unsuccessful, please contact one of our friendly advisors today.

How Much Does ATE Cost?

Fundamentally, the premium for an After the Event insurance policy is determined on a case-by-case basis, dependent on an insurer’s risk assessment. For example, insurers could offer a percentage premium, which calculates a figure based on the amount of damages you receive. Alternatively, a monetary premium is usually a fixed rate cost that is applied to all claims.

At Legal Expert, you could benefit from a low ATE premium so you won’t incur large costs if your claim is successful. To find out more details about the ATE insurance premium that we offer, please contact our advisory team today.

What Are The Benefits To Using ATE?

As we previously discussed, an After the Event insurance policy acts as a safety net for your claim by covering legal costs regardless of the outcome. Please see below some further examples of an ATE policy being added to your claim:

• If your claim is unsuccessful, the risk of paying the defendant’s legal costs are completely removed.
• Any disbursements such as medical reports and court fees will also be covered by the ATE policy. This may benefit those who are worried about being subject to heavy legal fees after a claim has settled. Therefore, ATE provides access to justice for people regardless of their financial situation.
• You will not have to purchase an ATE upfront
• You will only pay for an ATE policy if your claim is successful
• It could motivate the defendant to settle the claim before a trial. For example, if a defendant is aware that you have an ATE policy, they will know that you have nothing to lose by escalating your claim to court. Therefore, the defendant may be willing to settle during negotiations.
• It may also motivate the defendant to settle as they will know that your claim has high chances of success. For example, they will know that your case has been analysed and taken on due to its strong evidence. Therefore, this may encourage the defendant to settle early rather than incur further legal costs.

To discuss the benefits of an After the Event insurance policy in more detail, please contact one of our experienced advisors today.

What Legal Expert Can Do For You

At Legal Expert, our friendly advisors are available 24 hours, 7 days a week to provide advice about making a claim. As part of our free services, our advisors can provide the following:

• An estimation of the compensation you could be entitled to
• You could also discuss what types of special damages you may wish to include in your claim, which are any financial losses you suffered. For example, under personal injury compensation, you may wish to include loss of amenity and loss of earnings.
• They could advise on the time limits of making a claim. For example, the whiplash compensation claim time limit is 3 years from the date of the accident.
• They could provide a free case check to advise on the strength of your claim

Furthermore, if they deem that you have a strong claim, you could be connected with one of our experienced No Win No Fee solicitors. Ultimately, our solicitors function under a Conditional Fee Arrangement (CFA), which means that:

• If your claim is unsuccessful, you won’t be required to pay solicitor’s fees
• You won’t be required to pay for any solicitor’s fees at the beginning of your claim, or as it progresses
• If your claim is successful, you will only pay a small success fee for your solicitor’s work. The percentage is deducted from your compensation and is capped by law, so you will always receive the bulk of the compensation.

If you’re connected with one of our experienced solicitors, you could also enjoy the following benefits:

• Regular case updates as your claim progresses
• Help with evidence-gathering to ensure a strong claim
• Explanations of legal terminology to make sure you understand
• Ensuring specialist support with any ongoing injuries such as arranging physiotherapy
• Ensuring the signing of legal documents and that they’re filed on time
• Handling of negotiations with the defendant

 

Contact Our Advisors

To start your claim with an After the Event insurance policy, please contact our helpful advisory team today. Our advisors are able to provide support and assistance for any queries you may have about making a claim. Please get in touch:

• Call us on 0800 073 8804
• Use our free live chat
• Contact us by filling out our online form

Learn More

To learn more about making a claim, please see some of our other guides:

• Please see the following advice on how to obtain CCTV for personal injury claims
• Learn about public liability claims
• Get help with road traffic accidents claims

Additional external resources:

• See the following advice about claiming on behalf of someone who can’t handle their own case as a litigation friend from Gov.UK
• Get help with managing sick leave and return to work from the Health and Safety Executive (HSE).
• Learn about when to call 999 from the NHS.

Thank you for reading our guide about After the Event insurance policies.

The legal sphere is laden with tricky terms and complicated jargon. While we do our best on our site to keep things as simple as we can, you’ll encounter a whole range of these terms when reading our guides. As you may not be familiar with them, we’ve put together this handy legal glossary to help you bust some jargon.

If any questions crop up, or you’d like to learn more about making a claim in your circumstances, then we operate a 24/7 advisor service that you can connect with at a time that suits you. 

Use any of the contact information provided here to talk to a member of our team:

• Call an advisor on 0800 073 8804.
• Contact us by completing a contact form.
• Use the live chat window on your screen now. 

Legal Glossary 

This legal glossary does not contain every term that could possibly crop up when looking to make a claim or once the case has gotten underway. Nevertheless, we’ve tried to be as thorough as possible and give you an overview of some of the most common terms you may encounter during the claims process.

If you would like further advice or to get a free eligibility assessment, get in touch with our team today using the details given at the end. 

Admission Of Liability

An admission of liability is where the defendant accepts responsibility for what occurred. This acknowledgement may happen straight away, or at a later stage during the claim. Defendants may also admit partial liability, accepting responsibility for certain occurrences while disputing others.

After The Event Insurance

After the Event (ATE) insurance is a policy that covers the legal costs that may arise during a claim. A solicitor will discuss what level of coverage you may need and then find a policy that works for you.

The term refers to how this insurance policy is put in place ‘after the event,’ essentially following an accident but prior to any significant expenses. 

Barrister

A barrister is a type of specialist lawyer who has been trained in advocacy (addressing a court of law). If a claim goes to trial, it is most commonly a barrister who will present that case before the judge. The majority of barristers are self-employed and work out of chambers. There are 2 types of barristers who are not:

• Crown Prosecution Service: CPS barristers are employed directly by the government to act as prosecutors in criminal cases. 
• In-house counsels: Refers to barristers who work exclusively for a company as their “in-house” counsel.

Breach Of Duty

A breach of duty is where a person or organisation has failed to uphold their legal responsibility for the safety of others. This breach may occur because of a third party’s action or inaction. 

Causation

The chain of reasoning that explains how the actions of the defendant caused another to suffer injury or harm. You’ll sometimes see this referred to as the ‘but for test.’ Legal professionals examine a situation and ask, ‘But for X, would Y have occurred?’

For instance, if you had received proper manual handling training at work, would you have attempted to lift a load that should have been carried by 2 people and torn a ligament in your shoulder?

Claimant

Claimants are the party that is suing a defendant for damages. So, if you decide to pursue compensation, you will be referred to as a claimant. 

Compensation Or Damages

There are 2 different heads of claim under which compensation may be paid out: General and special damages.

Compensation Recovery Unit (CRU)

The Compensation Recovery Unit (CRU) is a body of the Department of Work and Pensions that is responsible for recovering benefits from claimants who have won compensation.

Conditional Fee Agreement (CFA)

A type of No Win No Fee contract that our solicitors can offer their services under. A key feature of a CFA is that there are no upfront or ongoing solicitor fees during a claim. 

No solicitor fees are paid when a claim fails, but a success fee is charged for the work performed on a case if it wins. It is taken as a percentage of a claimant’s compensation and is capped at 25%. These contracts were first brought in under The Conditional Fee Agreements Order 2013.

Contributory Negligence

This term refers to a claimant who has contributed to their injuries in some manner. A straightforward example to illustrate this concept is not wearing a seatbelt. So, say you were using a forklift to unload a delivery truck and a lack of maintenance work caused a brake failure.

You aren’t responsible for the accident, but because you aren’t using a seatbelt or other restraining system, you are more seriously injured than you would have been.

Counsel

Under English and Welsh law, ‘counsel’ may refer to:

1. A person who argues a case in court. It is often applied to a barrister, but not in every instance.
2. An in-house counsel hired by a company to be its legal representative.
3. Senior barristers who are appointed by the current monarch to be a King’s or Queen’s Counsels (KC/QC). This reflects excellence in their area of practice and highlights the substantial knowledge and experience they possess. The appointment to KC/QC is sometimes known as ‘taking silk’ in reference to the black gowns that are worn.

Criminal Injuries Compensation Authority (CICA)

The Criminal Injuries Compensation Authority (CICA) is an executive agency sponsored by the Ministry of Justice that was set up to give the victims of violent crimes a means of claiming compensation. In criminal injury cases, compensation is awarded according to a tariff set by the Criminal Injuries Compensation Scheme 2012. 

Defendant

A defendant is the individual or organisation against whom the claim is made. 

Duty Of Care

A duty of care is a legally binding obligation that a third party has to keep others safe. How this duty is approached varies depending on the type of claim, such as those involving public liability or road traffic accidents. 

Employer’s Liability Insurance

Employer’s liability insurance is a legal requirement for most employers. This insurance will cover the cost of compensation if an employee is injured in a workplace accident and makes a claim. 

Expert Witness

An expert witness is any individual with a high level of knowledge in the field the claim is about. Experts can be called upon by both claimants and defendants to provide a professional opinion on what occurred. 

Fundamental Dishonesty

Where a claimant withholds information, misrepresents the facts, or makes outright falsehoods about what happened during the claim. If proven, the court may strike out the claim, and the claimant will be liable for any costs the defendant has incurred.

The claimant can also be referred to the Crown Prosecution Service on a charge of contempt of court. While this is a very serious matter, it can be avoided. Your solicitor will help you collect a strong body of evidence and make sure that whatever you are claiming can be proven. 

General Damages

General damages are the first of 2 heads of claim that compensation may be awarded under. This head compensates an individual for the physical and psychological harm they have suffered.

Solicitors can look at your medical evidence alongside the guidelines from the Judicial College (JCG) to calculate the potential value of this part of a claim. The JCG is a publication that compiles suggested compensation brackets for various injuries.

Injury

An injury is the harm that has been caused to the claimant. In medical negligence cases, this is referred to as ‘harm.’ For data breach cases, it’s ‘non-material damage,’ but they all mean the same thing.

Interim Payments

Interim payments can be awarded in cases where a claimant has costs that mean they need some of their compensation paid out early before a claim is settled. These payments can happen in circumstances where compensation seems likely, or a defendant admits liability.

Say, for example, you’d been out of work for some weeks because you’d broken your leg. Your rent or mortgage is due, but you can’t pay as you haven’t been earning. An interim payment could be made to help you cover this cost. Any payment will be subtracted from your compensation.

Issue of Court Proceedings

Where a claim cannot be resolved through negotiation, it is heard in a court of law. The claimant’s solicitor will complete a claim form and submit it to the court. That form is served to the defendant as an official issuing of court proceedings.

Judgement

A Judgement can refer to either:

1. The final decision of a court case.
2. A written summary of what happened in the court and what decision was made.

In civil cases, there isn’t a jury most of the time, so the decision is made by the judges themselves. Juries are, however, usually present for criminal cases heard in Crown Courts. 

Letter Of Claim

This letter is sent as a formal notification to a defendant that a claim is being opened against them. The letter should set out the grounds on which the claim is being made, a summary of the facts, and what compensation is being sought. 

Limitation Period

A limitation period or time limit is the length of time you have to start a claim. It is typically 3 years from the date of the incident as per the Limitation Act 1980. 

Different limitation periods can apply in certain cases and there are some exceptions to the standard 3-year time limit. You can speak to an advisor about the time limit in your specific circumstances. 

Litigation

Possibly the simplest definition on our list. Litigation is the process of a claim being taken to court.

Litigation Friend

If a person cannot seek compensation by themselves, such as if they’re a minor or lack sufficient mental capacity, then a litigation friend can be appointed to claim on their behalf. The role can be filled by any suitable adult, typically a loved one or solicitor.

Loss Of Amenity

A loss of amenity refers to how your injuries have affected your quality of life. For instance, you may no longer be able to partake in sports, help your children, attend social gatherings, or enjoy your hobbies. Claiming for a loss of amenity attempts to put a financial value on this impact. 

Motor Insurer’s Bureau (MIB)

The Motor Insurer’s Bureau (MIB) is a non-profit organisation that all car insurers in the UK must be a member of. It’s funded by premiums paid by insured motorists. You can claim through the MIB if you are involved in a road traffic accident caused by a driver who is uninsured or cannot be traced (such as a hit-and-run incident).

Negligence

Negligence is when the inaction of an individual or organisation has caused some form of harm. When it comes to making a personal injury claim, you’ll need to show that a breach in the duty of care caused you to experience injuries.

No Win, No Fee Agreement

In No Win No Fee agreements, the solicitor only takes a fee for their work if they win the claim for the client. Our solicitors offer their services to eligible claimants under a specific type of No Win No Fee contract called a Conditional Fee Agreement.

Occupiers’ Liability

Under the Occupiers’ Liability Act 1957, those in control of public spaces must take steps to ensure the reasonable safety of any visitors. 

Pre-Action Protocols

The Pre-Action Protocols are the steps that must be followed during the claims process. There are different protocols for each type of claim and it’s important that the correct protocol is followed.

These steps can seem a little technical and intimidating. If you choose to claim using one of our solicitors, they can do a lot of this work for you and provide continued support through the others. Get your free eligibility check today by talking to one of our advisors. 

Protective Proceedings

When a claim is approaching the end of the limitation period, court proceedings may be issued protectively in order to prevent a time bar. 

Public Liability

A public liability claim could be started if you can show you were injured because an occupier did not take steps to ensure the reasonable safety of visitors. This is often interchangeable with occupiers’ liability.

Settlement

The compensation award that is agreed upon by all parties to the dispute. Once a settlement has been accepted, then the matter is considered resolved. 

Solicitor

Legal professionals who have specific qualifications and training that allow them to conduct certain reserved legal activities. These activities include wills and probate, litigation, and land registration. If you start a personal injury, medical negligence, data breach, or wrongful death claim, a solicitor will be handling the case in most instances.

Solicitors Regulation Authority (SRA)

This organisation is the professional regulator for all law firms in England and Wales. The Solicitors Regulation Authority set a code of conduct all solicitors are expected to uphold and has the power to take disciplinary actions against those who do not meet the professional standards expected of them. 

Special Damages

Financial losses in personal injury and medical negligence claims are compensated under special damages. As this head of claim may take into account both past and future losses, payouts can be higher than any compensation for the injuries themselves. 

Split Liability

If an individual contributed to an accident, then they may be able to claim on the basis of split liability. This is most commonly seen in road traffic accident cases. For instance, a pair of vehicles might collide while merging because they both failed to pay attention to their surroundings.

In split liability claims, compensation is reduced by the degree to which a person is deemed to be responsible for the accident. So, if the driver in the above scenario is found to be 25% at fault, then compensation will be reduced by 25%.

Statement Of Evidence

The statement of evidence is a written summary of the facts of the dispute. It is submitted to the judge so they know what evidence will be presented for consideration by each party.

Success Fee

A success fee is paid to the solicitor for their services if a claim is won. The exact amount that comes out of a claimant’s compensation will vary depending on the particular agreement signed between the solicitor and their client. However, the percentage charged is capped at 25%.

Time Bar

A time bar occurs when a claim has reached the end of its limitation period, and the claimant is now barred from pursuing compensation. 

Trial

A trial happens when a case is heard in a court. It is important to note that the majority of claims do not end up going to trial, as most are settled out of court. Given that they can be lengthy and potentially costly, it suits all parties involved to settle outside of court if at all possible.

For a civil matter, the solicitors for the parties will instruct barristers to present the case before a judge (typically in the County Courts) and then a ruling will be given. For criminal trials in the Crown Courts, the jury will usually decide the verdict.

Witness

Persons who saw the incident take place could provide a witness statement. You can provide a solicitor with their contact details so that they can collect accounts of what happened to use as part of your evidence. 

Wrongful Death

A wrongful death, or an avoidable death, is when someone dies as a result of another’s negligence. This can apply to both personal injury and medical negligence cases. 

The deceased’s estate or a qualifying dependant may be able to make a fatal accident claim. You can find out more by talking to our advisory team today. 

Speak To Legal Expert’s No Win No Fee Solicitors

If you would like to speak with one of our expert No Win No Fee solicitors, and we definitely recommend that you do, get in touch with our advisors for a free eligibility consultation today.

While we hope you’ve found this page useful, we fully appreciate that we’ve given you an enormous amount of information, and you no doubt have questions.

Contact Our Solicitors

For further guidance on the claims process or to get a free eligibility assessment, contact our team today using the details provided below:

• Call an advisor on 0800 073 8804.
• Contact us by completing a contact form.
• Use the live chat window on your screen now. 

Thank you for taking the time to read our legal glossary.

If you have suffered an injury when you stood on a nail at work, you likely already know that the potential consequences can be far-reaching. Even if a nail injury appears minor, it may still cause life-threatening conditions like tetanus and lead to serious financial loss. That is why we have created this guide detailing the steps involved in claiming personal injury compensation.

We begin this guide by first outlining the eligibility criteria for making a claim. Then, we discuss the question of compensation, including what it can cover and the factors that may be considered when calculating payouts in the event a claim succeeds.

Our guide will also take a look at how poor health and safety standards in the workplace can lead to someone stepping on a nail. We’ll provide some examples of the common injuries that may cause and the reasons why they can result in a potentially valid compensation claim.

As you near the end of this guide, you’ll learn more about the claims process and what evidence you might need. We finish this guide by discussing the benefits of working with one of our expert solicitors. They have many decades of combined experience, helping win compensation for clients across the country on a No Win No Fee basis.

Are you ready to find out whether you can make an accident at work claim? It’s easy to get in touch, and there is no obligation to speak with one of our advisors. Get started by:

• Calling us on 0800 073 8804
• Using the live chat feature
• Contacting us online

Jump To A Section

1. Can I Claim Compensation If I Stood On A Nail At Work?
2. How Much Could I Get After Standing On A Nail?
3. How Could Stepping On A Nail At Work Be Caused By Negligence?
4. What Injuries Could Standing On A Nail Lead To?
5. What Should I Do After I Stood On A Nail?
6. Get Help From Legal Expert
7. More Information

Can I Claim Compensation If I Stood On A Nail At Work?

Yes, you can claim compensation if you stood on a nail at work so long as you satisfy certain eligibility criteria. This criteria requires you to demonstrate the following:

• You were owed a duty of care.
• Someone breached that duty of care.
• As a result of that breach, you suffered an injury.

Your employer has a responsibility to take reasonable steps to ensure your safety, health, and wellbeing in the workplace. This responsibility is referred to as a duty of care and is laid out by the Health and Safety at Work etc, Act 1974 (HASAWA). We’ll discuss how an employer might breach their duty of care later on in this guide.

To see if you’re eligible to claim, please contact one of our team members. They can give you a free case assessment and answer any questions you might have.

How Much Could I Get After Standing On A Nail?

How much compensation you could get after standing on a nail will depend on factors like how your injuries have impacted your life and whether they’ve led to a disability. These injuries are covered under general damages, the first of 2 heads of loss in a personal injury compensation claim. The other head compensates for the financial losses that your injuries have caused, referred to as special damages.

General damages are often assessed by using the Judicial College Guidelines (JCG), a resource that compiles suggested compensation brackets for various injuries. Solicitors may use this publication alongside medical evidence to help put a value on this part of a compensation claim.

Below, you can find some guideline figures from the publication. The table is not a guarantee of compensation, and the lead figure isn’t sourced from the JCG.

Injury	Severity	Compensation
Multiple Severe Injuries + Special Damages (Such As Lost Earnings)	Severe	Up to £500,000+
Foot	Amputation of 1 Foot	£102,470 to £133,810
	Very Severe	£102,470 to £133,810
	Severe	£51,220 to £85,460
	Serious	£30,500 to £47,840
	Moderate	£16,770 to £30,500
	Modest	Up to £16,770
Toe	Amputation of the Great Toe	In the region of £38,210
	Severe	£16,770 to £25,710

What Would Determine The Amount Of Compensation I Get?

Various considerations may be taken into account when determining the amount of compensation you might get in a successful claim. For instance, general damages might factor in the severity of your injury and how it has affected your enjoyment of life and ability to perform activities. This impact, which is referred to as a loss of amenity, might mean you can no longer work your job or do certain tasks without help from others.

As touched on, special damages can also influence compensation payouts. Under this head, you can claim for any loss that is provably connected to the injuries you sustained after you stood on a nail at work. So long as there is supporting evidence like payslips or invoices, special damages can cover costs like the following:

• Physiotherapy/Occupational therapy: You might need help with rebuilding muscle function and strength if your injury leads to a tetanus infection.
• Medical expenses: These expenses can include private treatments and medications. If you suffered mental injuries after you stood on a nail at work, you may also be able to claim for the cost of therapy or counselling.
• Income: Special damages can cover past and future loss of earnings for things like time taken off and missed promotions.
• Travel: Costs related to attending essential appointments, such as parking fees, petrol, and bus tickets.
• Home/Vehicle modifications: In some instances, there may be a need to make adaptations to accommodate things like a breathing tube or mechanical ventilation.

Whether you suffered a major or minor injury after standing on a nail at work, our advisors are here for you. They’re available 24/7, ready to answer your questions about compensation or give you a free case assessment.

How Could Stepping On A Nail At Work Be Caused By Negligence?

Stepping on a nail at work might be caused by negligence if someone fails to uphold their duty of care. As well as the Health and Safety at Work etc, Act 1974, employers must comply with other legislation as part of their duty of care, including:

• Management Of Health and Safety at Work Regulations 1999: These regulations outline the steps employers must take to manage occupational health and safety, such as conducting risk assessments and providing workers with training and information that is adequate.
• The Personal Protective Equipment at Work Regulations 1992: This set of regulations places a duty of care on employers to take reasonable steps to ensure that their workers are supplied with suitable PPE.

You can speak to one of our advisors to learn more or to get a free case assessment.

What Injuries Could Standing On A Nail Lead To?

Standing on a nail can lead to a range of injuries, some of which are potentially life-threatening. In the following sections, we’ll discuss some of the more common injuries and the circumstances in which they could lead to a valid compensation claim.

Tetanus

Also known as lockjaw, tetanus is a serious condition caused by a bacterial infection. It affects the muscles and nerves, with symptoms that can include difficulties breathing, jaw stiffness, painful spasms, and seizures. In severe cases, tetanus may be life-threatening, leading to issues like a pulmonary embolism and respiratory failure.

• Example: You are not provided with reinforced boots by your employer despite working on a construction site where there is a need for such PPE. As a result, a protruding rusty nail pierces your shoe, leading you to develop tetanus and suffer kidney damage.

Infections

Nails are fertile ground for bacteria, which can lead to serious infections if they enter the bloodstream. These infections can quickly deteriorate and result in a life-threatening condition like sepsis.

• Example: Carpeting is pulled from floors during office renovations. However, no warning signs are placed to inform workers about potential hazards, including the risk of exposed nails. Management also does not provide staff with an alternative environment in which to work. Due to this, you step on a nail, resulting in a bone infection (osteomyelitis) that leaves you in permanent and severe pain.

Lacerations

Depending on their extent and depth, laceration injuries can lead to substantial bleeding or cause damage to muscles, tendons, and nerves.

• Example: Despite knowing for some time that the floor surface is in serious disrepair, supermarket management fails to take any steps to make repairs or alert others about the potential hazard. Subsequently, you step on an exposed nail, causing deep lacerations that damage your nerves.

Puncture Wounds

A puncture wound usually creates a small hole, but this type of injury often goes deep and is difficult to clean, increasing the risk of infection. Such wounds may affect mobility, cause excessive bleeding, damage nerves, and even lead to amputation.

• Example: Management fails to conduct regular risk assessments at the warehouse where you work, leaving multiple nails strewn through walkways. You step on one of these nails while manually handling a package, suffering a deep puncture, the force of which causes serious nerve damage with a permanent effect on mobility.

These examples aren’t intended to be an exhaustive list, so please get in touch to see if you have grounds to make a personal injury claim.

What Should I Do After I Stood On A Nail?

If you’ve stood on a nail at work, you should first get immediate medical attention. As we’ve seen, this type of accident has the potential to lead to life-threatening conditions like tetanus.

Depending on how large your employer is, you’ll also want to ensure that the incident has been recorded in an accident book. Companies can use it to inform the Health and Safety Executive (HSE), Great Britain’s workforce health and safety regulator, of certain reportable injuries. This requirement is set out by a piece of legislation called the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

To specifically help your claim, you’ll need to ensure that you have sufficient evidence and are within the correct time limit. We’ll discuss both in the following sections.

Evidence

In order to support your accident at work claim, you will need evidence showing how you meet the eligibility criteria that we outlined earlier in this guide. You might find the following examples to be of use:

• Medical records: This information can show the extent of your injuries and the suffering caused by them. These records can also provide a timeline of your treatments and what the overall prognosis is. For instance, you might have severe injuries that have led to permanent mobility issues, affecting your overall quality of life.
• Witnesses: If your accident was witnessed by others, such as colleagues, then you could collect their contact details and pass them on to your personal injury solicitor. They can use those details to collect statements in support of your claim.
• Visual record: Photographs can not only show your visible injuries but also document the scene where you stood on a nail at work. If you developed tetanus, you could take videos showing your muscle spasms and jaw stiffness. Additionally, there may be CCTV or other video footage showing the accident happening.

Gathering evidence is an important part of the claims process, one which can benefit from the expertise of a personal injury solicitor. If you work with a solicitor from our panel, they will be able to help you from the outset with obtaining proof for your claim.

Time Limits

Personal injury claims have 3 years in which to be started, as established by the Limitation Act 1980. This time limit, also referred to as a limitation period, usually begins from the date of an injury, but there are exceptions to this. Specifically, children and mentally incapacitated adults are exempt from the time limit as neither group can make a claim on their own.

In such circumstances, the standard 3 years will only take effect if:

• A child turns 18, at which point they have till their 21st birthday to launch a claim.
• If an individual’s mental capacity returns. Then, the 3-year window begins from the date of recovery.

However, a litigation friend can be used to help someone from one of the above groups make a claim whilst time limits are on hold. This role may be filled by any adult, including loved ones and solicitors.

For more information on the limitation period and how to prove an accident at work, feel free to speak to an advisor. They’re here to help, and all advice given is free and confidential.

Get Help From Legal Expert

You can get help from one of our expert personal injury solicitors and benefit from their years of experience advocating for clients nationwide. Our solicitors work to the highest professional standards, offering services like:

• Negotiating tirelessly to secure a settlement for you.
• Helping collect evidence, including witness statements.
• Connecting you with specialists, including physiotherapists and occupational therapists.
• Providing clear, regular advice and answering any questions you have about the claims process.
• Handling all communications on your behalf.

With a commitment to represent all clients regardless of their financial situation, our solicitors work under the terms of a Conditional Fee Agreement. Often known simply as a CFA, it means you won’t face paying upfront or ongoing fees for your solicitor’s work. If you don’t get any compensation, you don’t pay any solicitor fees at all.

Under a CFA, you do pay a success fee if you win compensation. The fee is payment for your solicitor’s service and comes out of your compensation, but the percentage taken is capped by The Conditional Fee Agreements Order 2013.

Contact Our Accident At Work Solicitors

If you’re ready to find out whether you can claim for being injured after you stood on a nail at work, our advisory team is here to assist. They’re available 24/7 and can provide further guidance on the claims process. Get in touch by:

• Calling us on 0800 073 8804
• Using the live chat feature
• Contacting us online

More Information

You may want to check some of our other guides, including:

• Frequently asked questions about accident at work claims.
• How to claim as a cleaner injured at work.
• Find out about making an unsafe work area claim.

As well, we’ve gathered some useful external resources:

• A Health and Safety Executive (HSE) overview of employer responsibilities.
• HSE guidance on using personal protective equipment.
• Government information on Statutory Sick Pay (SSP).

If you’ve been injured after you stood on a nail at work, please don’t hesitate to get in touch with our advisory team to see if you can claim compensation.

Our guide today will discuss who is able to make an endometriosis compensation claim. We’ll also look at how compensation could be awarded for successful gynaecology negligence claims.

We then move on to discuss what endometriosis is, some of the symptoms and how negligence can worsen this condition. If you decide to seek compensation, we will look at some of the items you could gather to help strengthen your case. We’ll also explain the time limits in place for launching medical negligence claims.

The Office for National Statistics (ONS) in a recent report found that an average of 2% of reproductive age women were found to have an endometriosis diagnosis. However, they also found that the average age at diagnosis was 35 years. This figure doesn’t consider women living with endometriosis that remains undiagnosed and, therefore, untreated. If you’ve been affected by gynaecologist negligence, one of our solicitors could help you. Read on to learn how our solicitors could help you make an endometriosis compensation claim today.

Contact Us

To find out more about endometriosis compensation, contact us by:

• Call us on 0800 073 8804
• Fill out our claim online form
• Use our live chat

Jump To A Section 

1. Am I Able To Make A Claim For Endometriosis Compensation?
2. How Much Endometriosis Negligence Compensation Can I Get?
3. What Is Endometriosis?
4. What Are Some Endometriosis Medical Negligence Examples?
5. How Can I Claim For Endometriosis Compensation?
6. Our No Win No Fee Endometriosis Negligence Solicitors
7. More Information

Am I Able To Make A Claim For Endometriosis Compensation?

In order for you to be able to make an endometriosis compensation claim, we must be able to prove that medical negligence occurred.

To do this, three factors must be present:

• A medical professional owed you a duty of care
• They breached this duty
• The breach led to you sustaining harm that wouldn’t have otherwise occurred.

The duty of care that is owed to you is by every medical professional who treats you, whether this be a doctor, nurse or midwife. In line with their duty, they must treat you with the standard expected of them.

In endometriosis compensation claims, a lot of the time, those struggling with the condition may have gone undiagnosed for a long period of time. This could be due to a variety of reasons, including how the symptoms of endometriosis present themselves, as a few other conditions have similar symptoms. Additionally, the medical professionals who had treated the patient may not have properly considered their symptoms or concerns and hadn’t ordered further testing where necessary. This would constitute a breach of their duty of care.

If you believe you received a substandard level of care, contact us today to see how we could help.

How Much Endometriosis Negligence Compensation Can I Get?

The amount of endometriosis compensation you could get is dependent on a few factors, which we discuss below.

Your compensation in medical negligence claims is generally made up of two sections. These are called general and special damages.

Your general damages are compensation for the pain, suffering and any loss of amenity you have experienced as a result. So, if your condition has left you unable to engage in hobbies the way you did beforehand, this will be taken into consideration.

Special damages are a head of claim for the financial impact that your endometriosis has had on you. This includes any loss of earnings if you haven’t been able to attend work because of your condition. It also considers things like short or long-term medical costs, prescription costs and even travel costs.

In order to claim special damages, you must have evidence that shows how your condition has financially impacted you. This could be:

• Payslips to show a loss of earnings
• Prescription receipts
• Travel receipts

The table below offers guideline compensation amounts for this type of claim. These figures have been taken from the Judicial College Guidelines (JCG), which are a framework used by professionals to help calculate an appropriate sum of compensation.

Please note that these are guideline amounts, and the first figure hasn’t been taken from the JCG.

Injury	Severity	Compensation Guideline
Multiple Severe Injuries + Special Damages	Very Severe	Up to £500,000+
Reproductive System: Female	a) Infertility with sexual dysfunction	£140,210 to £207,260
Reproductive System: Female	b) Permanent sexual dysfunction	£52,490 to £124,620
Reproductive System: Female	c) Infertility without aggravating features	£68,440 to £87,070
Bladder	Seriously impaired control	£78,080 to £97,540
Bowels	Passive incontinence and faecal urgency	In the region of £97,530
Post-Traumatic Stress Disorder	Moderately Severe	£28,250 to £73,050
Psychiatric Damage Generally	Moderately Severe	£23,270 to £66,920
Psychiatric Damage Generally	Moderate	£7,150 to £23,270
Scarring to Other Parts of the Body	No Significant Internal Injury	In the region of £10,550

What Factors Will Affect The Amount Of Compensation?

In an endometriosis compensation claim, the factors which will be considered when your general damages compensation is being calculated are:

• The severity of your pain and suffering
• The duration of your condition, as a number of endometriosis cases go undiagnosed
• Any impact on fertility
• The impact that endometriosis has had on your quality of life
• The extent of treatment you will need to manage your symptoms and pain

The factors which will impact your special damages could be things like the requirement for care costs, medical help and prescription costs.  Another factor which might affect your special damages could be the loss of income, if your endometriosis symptoms have left you unable to work.

What Is Endometriosis?

Endometriosis is a painful medical condition where cells that are similar to those found in the womb grow outside of the uterus, usually in the pelvic area.  It generally affects the fallopian tubes, ovaries and tissue lining the pelvis.

Undiagnosed endometriosis can, in some cases, lead to the growth of cysts called endometriomas. It can also cause fertility issues if it is left untreated.

The Most Common Endometriosis Symptoms

Some of the most common symptoms of endometriosis are:

• Severe period pain, which impacts your ability to do your usual activities, such as going to work
• Pain in the lower stomach and lower back
• Pain during or after sex
• Extremely heavy periods
• Chronic pelvic pain
• Fatigue

How Should Endometriosis Be Diagnosed?

In order to receive an official diagnosis of endometriosis, the first step is attending a GP appointment.

This is where you would describe your symptoms and how they are impacting your life. Your GP would then perform an examination, of your abdomen as well as as a vaginal exam. They should also perform a blood test here.

Following your initial GP appointment, if they suspect it could be endometriosis, they should then refer you to a specialist gynaecologist for further tests.

If they fail to order further testing and misdiagnose you at this stage, it can delay your treatment and worsen your pre-existing, undiagnosed condition.

The next step in diagnosis is an ultrasound scan and a laparoscopy. This test may help to determine an endometriosis diagnosis.

This type of medical test is where medical professionals will insert a camera into your pelvis. Through the camera, a doctor is able to look for any signs of endometriosis and then they can diagnose.

Treatments For Endometriosis

Endometriosis doesn’t have a cure, but there are ways that it can be managed.

Some treatments include:

• Prescribed painkillers to help manage the physical pain of your condition
• Laparoscopy surgery – this can confirm and diagnose endometriosis, but medical professionals can also destroy some of the endometriosis cells while performing a laparoscopy.
• Hormonal therapy can also help manage some of the symptoms of endometriosis.
• In particularly severe cases, you might consider a hysterectomy or oophorectomy.

The Impacts Of Leaving Endometriosis Untreated

Most people suffering from endometriosis won’t have received any treatment to deal with this until after the diagnosis. This can pose risks of:

• The growth of ovarian cysts
• Chronic pain
• Infertitlity
• Development of scar tissue

The other impacts of leaving endometriosis untreated include a reduction in your quality of life and, therefore, an effect on your mental health.

To discuss your potential endometriosis compensation claim with us at Legal Expert, call us today.

What Are Some Endometriosis Medical Negligence Examples?

In the sections below, we look at some ways medical negligence could occur. In some of these situations, you could be eligible to claim endometriosis compensation.

Misdiagnosis

A misdiagnosis can result in being treated for a condition that you do not have while your initial condition remains untreated. If you presented to your GP with typical endometriosis symptoms and they did not offer you further testing and instead diagnosed you with another condition, such as irritable bowel syndrome, you could be eligible to seek compensation. Furthermore, while your endometriosis remains undiagnosed, it can spread or worsen, leading to damage to your pelvic organs.

Delayed Treatment

A delay in treatment can mean continuous pain and suffering. It can lead to worsened symptoms, causing an impact on your quality of life. Similarly to misdiagnosis, it can also increase the risks of organ damage.

 

If you suffered due to a misdiagnosis or a delay in treatment, speak to a member our team. A member of our team can review your case and advise on whether you have good grounds to sue for gynaecological negligence.

How Can I Claim For Endometriosis Compensation?

Generally, you have 3 years to start a medical negligence claim. In endometriosis compensation claims, the time limit runs from either:

• The date that the medical negligence occurred
• The date of knowledge – this is the date when you became aware of the medical negligence (or would have been expected to know that negligence occurred).

This time limit is established in the Limitation Act 1980. However, the Limitation Act allows for some exceptions to this time limit. Please speak to an advisor to discuss these.

As well as ensuring your claim is started within the time limit, another important step in any compensation claim is the evidence.

Your evidence in endometriosis compensation claims could be items like:

• Medical records or GP records
• Correspondence with your GP or any medical professional
• Copies of your prescription, to highlight what medication you have been prescribed, or to determine misdiagnosis or delays
• Contact details of anyone who may have witnessed your medical treatment to obtain a witness statement at a later stage
• Diary entries, to demonstrate the severity of your pain and suffering

By instructing one of our expert solicitors, as part of the services offered, they would help you to obtain this useful evidence.

Contact us today if you have any questions about time limits or evidence. Our advisors are happy to answer any questions you might have.

Our No Win No Fee Endometriosis Negligence Solicitors

By instructing one of our solicitors to work on your claim, you can rest assured that you are in expert hands. They work on a No Win No Fee basis, under a Conditional Fee Agreement.

What this means is that you wouldn’t be required to pay for their services at the beginning or during the claims process.

Instead, if successful in claiming endometriosis compensation, a fee would be deducted at the end of your claim as a percentage known as a ‘success fee’. This fee is limited in line with the Conditional Fee Agreements Order 2013, to ensure you receive the majority of your compensation.

Our solicitors have decades of experience advocating to achieve endometriosis compensation for our clients. They could help with obtaining evidence as we have previously discussed, but this isn’t all they could help you with.

Through instructing one of our solicitors, you can expect them to:

• Explain legal language and your claims process to you
• Keep you updated at every step of the claim
• Ensure your claim is started within the permitted time limit
• Advocate on your behalf to achieve a suitable settlement amount

Here at Legal Expert, we completely understand that living with endometriosis can have a huge impact on your quality of life.

Our team are here to support you, and can connect you with medical professionals who could aid you in your recovery.

Contact Us 

We hope that our guide has been useful for you today; however, if you have any questions, you can contact us by:

• Call us on 0800 073 8804
• Fill out our claim online form
• Use our live chat

More Information

Why not read our other guides on:

• How to make birth injury claims
• How to make a hospital infection claim
• How to make a dental negligence claim

Useful External Resources:

• How to claim Statutory Sick Pay from GOV.UK
• NHS Guidance on Endometriosis
• How to file a complaint against the NHS

Thank you for reading our endometriosis compensation guide. If you need any further help about claiming for gynaecology negligence, please get in touch.

Were you affected by the M&S data breach? Are you looking for more information on M&S data breach claims? If so, we are here to help. Thousands of people are estimated to have been affected by the recent data breach, and if you’ve been harmed as a result, you could be eligible for compensation.

In this guide, we’ll explore everything that you need to know about the breach at M&S, from what happened all the way up to how we can help. We’ll cover how many people were affected by the breach, what kinds of data were accessed, and what you should do if you’ve been told that your personal data was affected.

We are experts in data breach compensation claims, and we are here to help.

Contact Us

We hope that our guide will answer any questions you might have about the recent M&S data breach, but if it doesn’t, our team are here to help. Highly trained, sensitive advisors are waiting to take your call, 24 hours a day, 7 days a week. Get in touch with our team today by:

• Calling us on 0800 073 8804
• Starting your claim online
• Using the live chat feature

Frequently Asked Questions 

1. How Our Data Breach Experts Can Help After The M&S Data Breach
2. What Caused The Marks And Spencer’s Data Breach?
3. How Many People Were Affected By The M&S Data Breach? 
4. What Data Was Impacted In The Breach?
5. What Should I Do If I’ve Received A Letter From Marks and Spencer?
6. Can I Claim Compensation For The M&S Data Breach?
7. Get Help From Legal Expert
8. Learn More

How Our Data Breach Experts Can Help After The M&S Data Breach

At Legal Expert, we put client care at the forefront of all of our work. That means that when you choose to work with us, you always come first. Countless people have been affected by the recent M&S data breach, and we are here to help.

If you choose to work with one of our solicitors on your claim, they can help you:

• Understand what it takes to form the basis of a valid data breach claim
• Gain a deeper understanding of both the data breach claims process and your chances of success
• Gather evidence to support and strengthen your case
• Negotiate the settlement that you deserve
• Ensure that all of your losses are covered by your compensation

Keep reading to find out more about M&S data breach claims, or contact our team today if you’re ready to get started.

What Caused The Marks And Spencer Data Breach?  

The Marks and Spencer data breach was caused by a ransomware attack, according to a report from the BBC. While the exact cause hasn’t been revealed yet, there is speculation surrounding a group called Scattered Spider, which used a service called DragonForce. This service offers affiliate cybercrime software.

The group and the software are also believed to be involved in other recent cyberattacks on well-known brands, including Co-op and Harrods. According to the Information Commissioner’s Office (ICO), which is the UK’s independent data protection watchdog, ransomware attacks made up 6% of all reported data security complaints in 2024.

Keep reading for more information on M&S data breach claims, or contact a member of our team if you have more questions.

How Many People Were Affected By The M&S Data Breach? 

The actual amount of customers affected by the breach hasn’t yet been revealed, so we have no way of knowing just how many people have been harmed. But if your personal data has been affected, and this has caused you a psychological injury or financial harm, then you could be eligible for compensation.

Our team are on hand to help, whatever your worries. Get in touch today for more information on M&S data breach claims, or keep reading to find out what kind of data was impacted by the breach.

What Data Was Impacted In The Breach?

The data breach affected the personal data of customers, as confirmed by M&S in a statement. The retailer confirmed that this could involve data such as:

• Contact details, like your phone number or email address
• Date of birth
• Full name
• Postal address
• Online order history

M&S have confirmed that no usable card or payment details were affected in the breach, nor were any account passwords.

If you believe you’ve been harmed as a result of your personal data being affected, contact our team today. We can help you through the M&S data breach claims process from start to finish.

What Should I Do If I’ve Received A Letter From Marks and Spencer?

There are a number of steps that you can take if you’ve received a letter from Marks and Spencer to alert you of a data breach, including:

• Changing passwords: This helps to make sure that you are the only person with access to your account.
• Monitoring your accounts: Keep an eye on your accounts and make sure you don’t notice any suspicious activity, as this could indicate that someone else has access.
• Being wary of suspicious phone calls or emails: If criminals get access to your phone number or email address, they can use phishing schemes to get more of your personal data.
• Seeking legal advice: If you’ve suffered emotional harm or financial harm as a result of the breach, we recommend speaking to an expert. Our advisors can help you get in touch with an expert solicitor.

A data breach can affect people in different ways, and if you’ve been harmed, you may be able to make an M&S data breach claim. Contact us today to learn more.

Can I Claim Compensation For The M&S Data Breach?

Yes, you can claim compensation for the M&S data breach, as long as you can prove that:

• The breach was the retailer’s fault
• Your personal data was affected
• This caused emotional or financial harm — For example, you suffered from anxiety or depression, or lost earnings while taking time off work to recover

This means that you need to be able to prove that the breach occurred because M&S or a third party they employed did not comply with important data protection legislations, including the UK General Data Protection Regulation (UK GDPR) or the Data Protection Act 2018 (DPA).

We understand that this might seem confusing, but we are here to help. When you contact our advisors for free, they can evaluate your case and tell you whether or not you could have a valid claim. And if you do, they can connect you with an expert data breach solicitor from our panel.

Get Help From Legal Expert

At Legal Expert, we believe in putting our clients first. This means that everything we do is based around you, from start to finish. Our solicitors have years of experience, training, and education, and they can use these to help you through every step of the data breach claims process.

Plus, our solicitors work on a No Win No Fee basis. They use something called a Conditional Fee Agreement (CFA), which means that you can access their expert services without:

• Taking any fees for their work upfront
• Taking any fees for their work as your claim is ongoing
• Taking any fees for their work at all if your claim fails

If one of our No Win No Fee solicitors helps you make a successful claim, then they’ll be due a small percentage of your compensation. This is called a success fee. Furthermore, the percentage is subject to a cap put in place by the law. This is to make sure that the fees are fair and you aren’t overcharged.

Contact Our Team

We are here to help. If you’d like to learn more about making M&S data breach claims, or if you’re ready to get started, contact us today by:

• Calling us on 0800 073 8804
• Starting your claim online
• Using the live chat feature

Learn More

To learn more about making a data breach claim:

• Learn how to make a claim for an energy company data breach
• Find out how to make an estate agent data breach claim
• Get help making a wealth manager data breach claim

Or, for further resources:

• Get information for the public from the ICO
• Find guidance on data breaches from the National Cyber Security Centre
• Learn about anxiety from the NHS

Thank you for reading our guide on M&S data breach claims.

Fertility treatment can be an emotionally demanding journey, but you should feel safe in knowing that you’re getting the correct standard of care. Unfortunately, when treatment goes wrong, it can cause avoidable harm on top of any heartbreak. If you’ve suffered because of substandard care, you may be entitled to make a fertility negligence claim.

With this guide, you will find out who can claim compensation and what the process involves. We will also explain what fertility negligence is and show why it may occur. As our guide continues, we’ll cover topics ranging from compensation to what evidence you can use to prove a medical negligence claim.

Finally, we look at the services offered by our No Win No Fee solicitors, who have seen firsthand how negligent fertility treatment can affect parents. They can take on multiple types of fertility negligence claims, including:

• In vitro fertilisation (IVF)
• Artificial insemination
• Pre-implantation genetic diagnosis (PIGD)
• Surgical sperm retrieval
• Intracytoplasmic sperm injections (ICSI)
• Embryo testing
• Intrauterine insemination (IUI)

Simply contact us for a free initial consultation. By telling us what’s happened to you, we can put you in the right direction regarding what to do next. So, please get in touch with us at a time that suits you. Our contact services can be used 24/7:

• Call 0800 073 8804.
• Fill out our online Contact Us form.
• Message an advisor directly using our live on-screen chat box.

Jump To A Section

1. Can I Claim For IVF Or Fertility Negligence?
2. How Much Fertility Or IVF Medical Negligence Compensation Can I Get?
3. What Are Some Examples Of Fertility Treatment Negligence?
4. How Long Do I Have To Claim Fertility Or IVF Compensation?
5. What Evidence Do I Need To Support My Claim?
6. Get Advice From Legal Expert
7. Learn More

Can I Claim For IVF Or Fertility Negligence?

You may be eligible to claim for IVF or fertility negligence if you meet each of these criteria:

1. A healthcare professional owed you a duty of care while you were receiving fertility treatment. 
2. This healthcare professional breached this duty by providing substandard care.
3. You suffered avoidable harm as a result of this breach.

All healthcare professionals owe a duty of care to every single patient they care for, including those receiving fertility treatment. In short, this duty involves providing you and other patients with the correct standard of care. If at any point someone fails to do so and causes you unnecessary harm, you may have grounds to claim compensation.

However, it’s important to remember that there are certain risks inherent to all IVF and fertility procedures. Given that, not every instance of harm will be caused by a medical professional breaching their duty of care to a patient.

If you’re unsure about your eligibility, we recommend discussing your particular circumstances with our team. They can provide you with individualised advice and see if you’re eligible to claim fertility negligence compensation.

Claiming Against NHS Or Private Health Services

Fertility negligence claims against the NHS and against private health services are made in basically the same way, although there are some differences.

When claiming against an NHS hospital, you would claim against the relevant NHS Trust rather than a specific individual, and compensation would be paid out of the NHS Resolution. This organisation is responsible for handling claims on behalf of trusts and has funding separate from the NHS’s main budget. So, you don’t have to worry about the health service being affected if you claim compensation.

If you were a private patient, then the claim will be against the specific private healthcare provider. Most private institutions have their own insurance, so compensation would be paid out from it.

Am I Able To Claim on Behalf Of My Child?

Yes, you could potentially make a fertility negligence claim on behalf of your child, as minors cannot pursue compensation on their own. In such circumstances, you can become their litigation friend and file a claim on their behalf. 

However, litigation friends only have until the child’s 18th birthday to start a claim on their behalf. From then on, the child will have 3 years until they turn 21 to begin their own claim. 

We discuss the fertility negligence compensation claims time limit in more detail in a later section of this guide. Please remember, we are available 24/7 for you to call us should you have any questions at all about making a claim.

How Much Fertility Or IVF Medical Negligence Compensation Can I Get?

The amount of fertility negligence compensation you may receive will depend on various factors. In the table below, we have listed multiple types of harm from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals often use to help them calculate the value of general damages (a head of claim covering the harm that you suffered). 

From this document, we have included compensation brackets for each type of harm. However, since they are only guidelines, please bear in mind that no guarantees can be made about compensation.

The top figure is also not from the JCG. 

Type of harm	Guideline compensation
Multiple severe types of harm with special damages, including medical expenses	Up to £500,000+
Female reproductive system (a)	£140,210 to £207,260
Female reproductive system (b)	£52,490 to £124,620
Female reproductive system (c)	£68,440 to £87,070
Female reproductive system (d)	£21,920 to £44,840
Female reproductive system (e)	£8,060 to £22,800
Severe psychiatric damage generally	£66,920 to £141,240
Moderately severe psychiatric damage generally	£23,270 to £66,920
Moderate psychiatric damage generally	£7,150 to £23,270
Severe post-traumatic stress disorder (PTSD)	£73,050 to £122,850

What Will Determine The Amount Of Compensation I Get?

As noted, many factors could affect how much compensation you might receive. For instance, general damages may consider:

• The length of your recovery. 
• What treatment you need. 
• How much pain you’ve experienced.
• Your loss of amenity, namely, how your quality of life has been affected by the harm you suffered because of negligent fertility treatment. 

Your solicitor may send you to have an independent medical examination. This report can be used alongside the JCG to help assess the potential value of your general damages.

Am I Able To Claim Back Financial Losses?

Yes, you are able to claim back the financial losses you have incurred due to your avoidable harm under special damages. Through this second head of claim, you can be compensated for financial losses such as:

• Lost wages if you were unable to work throughout your recovery. 
• Costs to have IVF or an alternative method of assisted conception in the private healthcare sector.
• Medical bills, such as paying for specialist treatment or rehabilitative care. 
• Care expenses if you found yourself unable to perform day-to-day tasks or needed occupational therapy.
• Travel expenses to attend any medical appointments. 
• Therapy or counselling if you suffered psychological harm.

All special damages need proof, so be sure to keep financial evidence like payslips and invoices.

To learn more about fertility negligence compensation, please chat with us today. Our medical negligence solicitors are some of the best available in the country and will work hard to secure a fair compensation for you.

What Are Some Examples Of Fertility Treatment Negligence?

Here are some examples of how negligent fertility treatments can occur:

• Errors in implantation procedures – Incorrect handling during an embryo transfer causes the procedure to fail, leading you to develop severe depression. 
• Wrong fertility medication – You are given the wrong dosage after a healthcare provider misreads the medication’s instructions. This medication error triggers ovarian hyperstimulation syndrome (OHSS), leaving you with a potentially life-threatening blood clot and kidney damage. 
• Misdiagnosing fertility issues – A medical professional misdiagnoses your endometriosis as irritable bowel syndrome (IBS). This delay in diagnosis means you are not referred to a specialist, allowing the condition to worsen and affect the possible success of future fertility treatment.
• Surgical errors – You suffer bladder damage and fertility complications when a medical professional doesn’t pay appropriate attention while using a needle during an egg extraction procedure. 
• Mismanaged embryos and eggs – Can include incorrectly storing, labelling, or destroying eggs, sperm, or embryos. For instance, a clinic doesn’t conduct regular inspections on the cryobanks used for storage, causing the equipment to fail and lose your eggs. 
• Mistakes in administration – A healthcare provider mixes up your records with those of another patient, leading to the wrong embryo being implanted. You suffer significant distress and long-term damage as a result. 

These examples offer only a small glimpse into how negligent fertility treatments can occur. So, please don’t hesitate to reach out to see if you have an eligible fertility negligence claim if your circumstances haven’t been listed above. 

How Long Do I Have To Claim Fertility Or IVF Compensation?

You typically have 3 years to start a claim for fertility negligence compensation, as stated in the Limitation Act 1980. This time limit will begin from either:

• The date fertility negligence occurred. 
• The date you were aware that you suffered because of fertility negligence (otherwise known as the date of knowledge).

We’ve already discussed how time limits affect minors, but those who are mentally incapacitated are also unable to make their own claim. That means the medical negligence claims time limit for vulnerable adults is paused indefinitely. 

As with minors, a litigation friend can step in to begin a claim on their behalf before time limits apply. They can do so up until the date the claimant recovers their mental capacity. If that capacity returns, the usual 3 years run down from the date of recovery. 

To learn more about how to claim compensation on a loved one’s behalf, please speak to our team today. If you want to make a fertility negligence claim for yourself, you should contact us as soon as possible to ensure that you have enough time to claim. 

What Evidence Do I Need To Support My Claim?

To support your fertility negligence claim, you may need evidence like the following:

• A personal diary noting all of your symptoms, how you were harmed, and what treatment you’ve received. 
• Copies of your medical records from before and after you suffered fertility negligence. 
• Contact details from anyone who witnessed the negligent fertility treatment, including loved ones or healthcare staff. 
• Photographs of your avoidable harm, including copies of scan images and test results. 
• Correspondence and letters from the healthcare provider or IVF clinic that gave you negligent fertility treatment.

If you are unsure about collecting evidence by yourself, there is no need to worry. By working with one of our specialist solicitors, you can get help with the process of gathering evidence while you focus on recovery. You can contact us today to find out more. 

Get Advice From Legal Expert

Our team is available 24/7 to give you free, no-obligation advice. If you are eligible to claim fertility negligence compensation, you could be connected with one of our specialist medical negligence solicitors. To make the claims process easier for you, they can:

• Handle correspondence with the liable fertility clinic or medical institution so you don’t have to.
• Provide help with securing evidence to build a strong claim, including collecting witness statements. 
• Help you apply for interim payments. 
• Negotiating a fair fertility negligence compensation for your suffering. 
• Connect you with recovery and rehabilitation specialists. 

What’s more, all of our solicitors provide their services on a No Win No Fee basis through a Conditional Fee Agreement. So, you won’t have to pay any fees for your solicitor’s work:

• Before or throughout the claims process. 
• If the claim ends up being unsuccessful. 

If you win, your solicitor will take a success fee from your compensation. It’s payment for their work, and the percentage is small thanks to a legal cap. So, as you take your first steps to claiming, you can be assured from the start that you’ll keep the majority of any compensation received. 

Contact Our Solicitors

Our team is ready to support you every step of the way on your journey toward financial justice and getting the answers you deserve. To find out more, please contact us today for free and confidential advice:

• Call 0800 073 8804.
• Fill out our online Contact Us form.
• Message an advisor directly using our live on-screen chat box.

Learn More

Learn more about other types of medical negligence claims here:

• Learn more about birth injury claims.
• Find out about the Bolam test and how it affects medical negligence claims.
• Learn more about gynaecology negligence claims.

These other pages might also give you some additional useful information:

• Look at what different clinical schemes the NHS Resolution has for various kinds of medical negligence.
• NHS advice on how to view your health records.
• Government information on Statutory Sick Pay (SSP).

Our team is on call 24/7, and we want to thank you for reading our fertility negligence claims guide today.

Erb’s palsy is a nerve condition that affects around 1 in 200 births. The condition is sometimes unavoidable, but medical negligence can also be at fault for its development. If your child has been impacted by substandard medical care, then there may be grounds to claim compensation. We understand that you may be unsure about your family’s options, which is why we’ve created this guide on making Erb’s palsy claims.

In this guide, we begin by looking at the eligibility criteria for making a claim. You can then find information on the causes of Erb’s palsy and why medical negligence is sometimes responsible. We will also discuss what factors may be considered when calculating compensation and how it can help your family.

Then, we take you through the process of making Erb’s palsy compensation claims and what evidence may be needed. Finally, we will show how the team at Legal Expert can help.

Our specialist solicitors have years of experience supporting families affected by medical negligence across the country. To learn more and get information on making a birth injury claim, please:

• Call 0800 073 8804.
• Begin a claim online.
• Talk to us using our live chat.

Jump To A Section

• What Are Erb’s Palsy Claims?
• Can I Claim For Erb’s Palsy Compensation On Behalf Of My Child?
• Average Settlements In Erb’s Palsy Compensation Claims
• What Can Erb’s Palsy Compensation Help With?
• How To Make An Erb’s Palsy Claim?
• Get Help From Legal Expert
• Learn More

What Are Erb’s Palsy Claims?

Erb’s palsy claims are a way for those to seek compensation if medical negligence led to this birth injury. The condition is a type of brachial plexus palsy, also known as obstetric brachial plexus palsy, which results from the nerves in the brachial plexus being stretched or torn.

In order to claim compensation for harm caused by negligent medical care, it must be shown that:

1. A medical professional or healthcare provider had a duty of care to your child. This duty is automatically owed to any patient under the care of a medical professional.
2. This professional failed to meet their duty of care, falling short of minimum expected professional standards.
3. The failure to meet their duty of care resulted in avoidable harm.

What Causes Erb’s Palsy?

Erb’s palsy is sometimes caused by a baby’s neck being stretched to the side during childbirth. This may occur due to shoulder dystocia, where the baby’s shoulder gets stuck in the mother’s pelvis after the baby’s head is delivered.

In some cases, medical negligence may lead to Erb’s palsy:

• Excessive force – A midwife or doctor may pull too hard or use an improper technique (such as tugging or twisting) during a delivery.
• Birth assisted tools – A medical professional who improperly uses forceps can cause avoidable nerve damage, leading to Erb’s palsy.
• Failure to monitor size/position – A healthcare provider who fails to adequately monitor a baby might miss the signs that a Caesarean is needed. This failure could result in otherwise preventable nerve damage in the affected arm.

We must note that not all instances of Erb’s palsy may be due to negligence. During obstetric emergencies or difficult births where there is foetal distress, there may be a need for a fast delivery to save a baby’s life. The speed of delivery may lead to the baby developing Erb’s palsy.

What Injuries Can Erb’s Palsy Cause?

There are several injuries which can cause Erb’s palsy, including:

• Paralysis/Muscle weakness – Persistent weakness in an arm or paralysis which limits movement.
• Loss of sensation – Where sensation in the hand or arm is reduced or where there is numbness.
• Contractures and/or joint stiffness – Where movement is restricted.
• Ongoing pain – May present as pain, tingling, or discomfort.

According to the NHS, in 80-90% of Erb’s palsy cases, the affected child will make a full recovery.

How Is Erb’s Palsy Treated?

Treatment focuses on restoring sensation and movement in the baby’s arm. Medical treatment may include:

• Rest and support – Involves supporting the baby’s arm, minimising shoulder movement as much as possible.
• Physiotherapy – After 5 days, gentle exercises can be used to help stimulate the feeling of normal movement, avoid joint stiffness, and prevent the muscles from becoming short. Parents may be taught exercises to carry on performing at home.
• Surgery – If needed, surgery may be carried out on the nerves or the shoulder.
• Regular assessment – Ongoing monitoring and regular assessments may be carried out by medical professionals.

You can learn more about Erb’s palsy claims by contacting our team. Our advisors are on hand 24/7 and can answer any questions about medical negligence claims you might have.

Can I Claim For Erb’s Palsy Compensation On Behalf Of My Child?

Yes, so long as your child’s case meets the eligibility criteria previously outlined. If those criteria are met, you can make a claim for Erb’s palsy compensation on their behalf at any point prior to them turning 18.

In medical negligence claims, children cannot legally pursue compensation on their own. So, in order to make a claim on behalf of your child, you will need to act as their litigation friend. If you are approved by the courts, you would perform various duties in the case in the best interest of your child. Alternatively, another loved one or a suitable adult, like a solicitor, can fill the role.

If your child suffered an Erb’s palsy injury as a result of substandard medical care, we can help you claim compensation. Contact us to see if you can be connected to a specialist hospital negligence solicitor today.

Average Settlements In Erb’s Palsy Compensation Claims

According to 2022/23 data from NHS Resolution, the average compensation for an Erb’s Palsy negligence claim is £809,485. However, this figure doesn’t account for claims made against the private healthcare sector. The Judicial College Guidelines (JCG) suggest that compensation for severe arm injuries could range between £117,360 and £159,770.

The JCG is a document which collates compensation brackets for different forms of harm, which is covered under a head of claim called general damages. A solicitor may use this publication to help put a value on the harm that someone has endured.

In the table below, we take figures (with the exception of the headline amount) from the JCG. These figures are for guidance only and do not represent any guarantee of success in Erb’s palsy compensation claims.

Harm	Severity	Damages
Multiple severe forms of harm + special damages, such as for medical care.	Severe	Up to £500,000+
Arm	Severe	£117,360 to £159,770
Neck	Severe (ii)	£80,240 to £159,770
	Severe (iii)	£55,500 to £68,330
	Moderate (i)	£30,500 to £46,970
	Moderate (ii)	£16,770 to £30,500
Paralysis	Shorter durations	£60,210
Shoulder	Severe	£23,430 to £58,610
	Serious	£15,580 to £23,430

How Is Compensation Determined For Erb’s Palsy Claims?

Compensation can be determined by a range of factors. As touched on above, general damages compensate for your child’s pain and suffering. This head of claim may take into account the severity of harm suffered, what the overall prognosis is, and if there is any long-term impact.

Please get in touch with our team for further information on compensation and to see if your family can be connected to a specialist Erb’s palsy lawyer.

What Can Erb’s Palsy Compensation Help With?

Successful Erb’s palsy compensation claims can help meet your child’s immediate needs and provide valuable support over the long term. If you are the parent of a child with Erb’s palsy, you already know the potential for far-reaching financial losses, ranging from expensive medical treatments to lost income.

Medical negligence claims can help recover such losses under special damages. So long as there is evidence like bank statements and wage slips, special damages can cover costs like:

• Lost earnings – You may have taken extended time off work or given up your job entirely to care for a child’s Erb’s palsy. Compensation can include past and future losses.
• Medical care – Your child may need surgical procedures to repair nerves or transfer muscles. They may also need long-term medical assistance or medications.
• Care – May include care in the home, physiotherapy, or other support services.
• Home/Car – Accessibility improvements can range from home automation to installing ramps and stairlifts.
• Equipment – Erb’s palsy compensation can also recover costs related to mobility aids like wheelchairs and assistive technology, such as specialised computers.

Interim Payments

In addition, it may be possible to secure an interim payment to cover immediate costs, such as urgent medical treatment or specialist care. Interim payments aim to help with such costs by giving an advance on a part of the compensation before the claim is settled.

To be eligible for an interim payment, it will need to be clearly shown what the funds are needed for and why they are necessary. Interim payments are only possible if the other party has accepted liability, or it is likely that the claim will be won.

Would you like more information on special damages and interim payments? Our advisors are here to help, so please don’t hesitate to get in touch.

How To Make An Erb’s Palsy Claim?

To have the best chance of winning Erb’s palsy compensation, a claim needs to have sufficient evidence showing how it meets the eligibility criteria. The following can be beneficial in helping prove a claim:

• Copies of medical records, which could provide insight into a doctor’s or midwife’s negligence. These records can include details of the Erb’s palsy diagnosis, treatments given, and the overall prognosis.
• Witness contact details. A solicitor may use these details to help collect statements on behalf of the Erb’s palsy claim.
• Correspondence relevant to the claim, such as letters and emails with medical institutions that treated your child.

Our solicitors aim to make the process of proving a claim as stress-free as possible. Mindful of that, every solicitor at Legal Expert has ample experience with securing the evidence needed to support a claim.

Time Limits

Alongside evidence, Erb’s palsy negligence claims must also be filed within a defined time limit. In general, medical negligence claims have 3 years to be started, as set by the Limitation Act 1980.

However, as we mentioned earlier, children cannot claim for themselves, so the 3-year time limit is paused until they turn 18. To start a claim while time limits are frozen, you can take on the role of a litigation friend that we mentioned earlier in this article.

This pause also applies to adults who are mentally incapacitated, as they are also not able to seek compensation on their own. In such cases, the usual 3 years will only take effect if their mental capacity returns, and will be dated to the time of recovery. Otherwise, they can also be represented by a litigation friend while time limits are suspended.

To learn more about the medical negligence claims process and being a litigation friend, please contact a member of our helpful team.

Get Help From Legal Expert

At Legal Expert, we understand that medical negligence can have far-reaching consequences and can affect any family. Our solicitors have decades of combined experience and have already helped secure over £80 million in compensation for people across the country.

As experts in medical negligence claims, our team will always be there to give whatever support is needed. That support will be clear from the outset and will carry on throughout the claims process, from explaining unclear jargon to connecting your family with specialists.

Our experienced medical negligence solicitors can also take on claims under a Conditional Fee Agreement (CFA). When working under a CFA, the solicitor will only charge a fee for their work if the claim is successfully resolved. That means no upfront or ongoing solicitor fees, and none at all if the claim doesn’t win.

If compensation is won, then the solicitor would deduct a small and legally capped percentage of the compensation as a success fee. This success fee is for their work, pre-agreed, and set out in the CFA.

Contact Us

For more information about Erb’s palsy claims and to discuss your family’s options, please contact us using the details below:

• Phone 0800 073 8804.
• Talk to us live using our online chat.
• Begin a claim online.

Learn More

You can learn more about medical negligence claims in the following resources.

• Get further information on claiming for a birth injury to a mother.
• Look at medical negligence claims dealing with misdiagnosis.
• Learn more about gynaecology negligence claims.

Medical negligence references:

• NHS advice on labour and birth.
• Government information on pregnancy and birth.
• NHS guidance about shoulder dystocia.

Our guide to Erb’s palsy claims has ended, but please don’t hesitate to get in touch with our team for further guidance.

Have you experienced an email data breach that compromised your personal information? Did you suffer emotional or financial harm? If so, please read our helpful guide on email data breach claims and learn how you could be entitled to personal data breach compensation.

Firstly, this guide will explore the eligibility requirements of making a claim for a personal data breach. Furthermore, we also look at the potential compensation pay-outs you could receive by making a claim.

Our guide further explores the types of email data that could be part of a breach, as well as discussing the common causes breaches. Moreover, we look at the evidence you will need to provide to make a compensation claim. Lastly, we look at how one of our experienced solicitors could help you seek compensation on a No Win No Fee basis.

At Legal Expert, our advisors work around the clock to answer any questions you may have about making a claim. Furthermore, our advisors can provide a free case check to determine the strength of your claim. To get in touch with us:

• Call us on 0800 073 8804
• Contact us online
• Use our live chat feature

Frequently Asked Questions

1. Who Can Make Email Data Breach Claims?
2. How Much Compensation Could I Get For An Email Data Breach?
3. What Email Data Could Be Part Of A Breach?
4. The Most Common Email Data Breach Causes
5. How To Make An Email Data Breach Claim
6. No Win No Fee Data Breach Solicitors
7. More Information

Who Can Make Email Data Breach Claims?

To make an email data breach claim, you must have experienced wrongful conduct on the part of a data controller or processor. This means that the processor or controller failed to adhere to the following data protection laws, resulting in harm.

In essence, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) sit together as the data protection laws responsible for the processing of personal data. Ultimately, they uphold the rules and regulations that data controllers and processors must adhere to.

A data controller decides how and why your personal information is processed. Commonly, a data controller will be an organisation. Alternatively, a data processor is responsible for processing personal data on behalf of a data controller. Typically, a data processor is usually an organisation or agency separate from a data controller.

According to the Information Commissioner’s Office (ICO), a personal data breach is the accidental or unlawful destruction, alteration, loss, unauthorised disclosure of, or access to personal data.

Therefore, you could make a claim if:

• The data breach was caused by a data controller or processor’s wrongful conduct, such as a failure to comply with data protection legislation.
• Your personal data was involved in the breach
• You suffered financial or mental harm, or both, as a result

Do you want to find out more about possible personal data breaches? Please contact one of our friendly advisors today.

How Much Compensation Could I Get For An Email Data Breach?

If your claim is successful, you could be awarded with two types of compensation, material and non-material damage.

Ultimately, non-material damage accounts for the impact that the data breach had on your mental health. For example, exposure of your private information by an organisation could result in depression, anxiety and post-traumatic stress disorder.

The Judicial College Guidelines (JCG) are suggestive compensation guidelines, and are often used by lawyers when assigning values to injuries. Moreover, the case Vidal-Hall v Google established that you can now solely claim for psychological harm without suffering financial harm due to a breach of your personal data.

All entries in the table below, aside from the first entry, have been taken from JCG for common mental health injuries following data breaches. Please note that they are merely guidelines and do not provide a guarantee of how much you will receive.

Injury	Guideline Compensation
Severe Psychological Damage and Financial Losses	Up to £250,000+
Severe Psychiatric Damage	£66,920 to £141,240
Moderately Severe Psychiatric Damage	£23,270 to £66,920
Moderate Psychiatric Damage	£7,150 to £23,270
Less Severe Psychiatric Damage	£1,880 to £7,150
Severe PTSD	£73,050 to £122,850
Moderately Severe PTSD	£28,250 to £73,050
Moderate PTSD	£9,980 to £28,250
Less Severe PTSD	£4,820 to £9,980

To learn more about what mental health injuries you could claim for, please contact our advisory team today.

Calculating Data Breach Compensation

Fundamentally, email data breach claims are valued on a case-by-case basis due to many factors. For example, the following factors may affect the amount of compensation you receive:

• The severity of the mental harm suffered
• The length of your recovery period
• The impact on your daily activities
• The effect on your quality of life

To learn more about the factors that could affect your claim, please get in touch with one of our advisors.

Can I Claim For Material Damage?

Yes, you could claim for your material damage in successful data breach cases, as long as evidence is provided. Ultimately, material damage aims to compensate you for any financial losses you have suffered as a result of the personal data breach.

Please see the following examples of potential financial losses that you could include in your claim:

• Loss of earnings. This may include time taken off work due to the effect that the data breach has had on you.
• Relocation costs. This may include the costs of moving house following a data breach that jeopardised your safety
• Home security costs
• Therapy costs

It is also essential to provide evidence of any financial losses you wish to include in your claim. Evidence could be in the form of:

• Invoices
• Receipts
• Bank statements
• Payslips

If you want to find out if you could claim for material damage, please contact one of our friendly advisors.

What Email Data Could Be Part Of A Breach?

To know if you could make a claim for a breach of email data, it is essential to know what types of personal data could be part of a breach.

In essence, personal data is information that can directly or indirectly identify someone. Therefore, please see the following examples of personal data that could be compromised in an email breach:

• Your name
• Your address
• Your national insurance number
• Your personal email address

Moreover, special category data is a type of personal data that requires more protection because the contents are sensitive. Special category data may also be part of an email breach, and the UK GDPR defines it as personal data that reveals:

• Your racial or ethnic origin
• Your political opinions
• Any data concerning your health or medical information
• Your religious or philosophical beliefs

For example. if your religious or political beliefs were exposed in a data breach, this could be grounds to bring a claim. For instance, a university research department may accidentally send a group email containing your results of a political survey to all students, causing you mental harm.

To gain advice about your personal situation, please get in touch with one of our advisors for free.

The Most Common Email Data Breach Causes

There are many situations where email data breaches could occur, such as the following:

• Cyber attacks. For example, your employer could experience an unauthorised attack against a network, compromising the personal data of employees’ , including their personal email addresses.
• Phishing. This includes situations where a fraudulent company poses as a legitimate one, coercing you to give your personal data. For example, a phishing scheme posing as your bank could result in your bank details being shared with criminals.
• An email could be sent to the wrong recipient. For example, you could suffer a medical data breach if results from a brain scan are sent to the wrong patient.
• Failure to use ‘blind copy carbon’ (BCC) when including multiple recipients in an email, resulting in personal data being shared. For example, you could suffer a lawyer data breach if a solicitor failed to use BCC when sending a newsletter to multiple email addresses.
• A sender may accidentally attach a document containing your personal data to an email to another person. For example, your employer could attach your payslip and could send it to the wrong employee, containing your personal data.

Moreover, to bring a personal data breach claim, it must be proven that the breach resulted in financial or mental harm.

To discuss email data breach claims in further detail, please contact one of our friendly advisors today.

 

How To Make An Email Data Breach Claim

If you wish to make an email data breach claim, it is essential that you gather evidence to prove that a data controller or processor failed to adhere to data protection laws. Furthermore, it must also be evidenced that your personal data was involved in the breach and you suffered harm as a result.

Please see the following examples of evidence you could provide:

• Proof of your psychological harm such as medical records or a diagnosis letter from a psychiatrist.
• Proof of financial harm, such as payslips, invoices and bank statements
• A notification letter or email from the organisation who breached your data
• Findings from an ICO investigation. Following a personal data breach, you can report the breach to the ICO who could choose to investigate the incident. Please note that the report must be made within 3 months of your last meaningful communication with the organisation responsible for the breach, about the breach.
• Correspondence with the organisation about how the breach occurred.

Furthermore, please note that you generally have up to 6 years to make your personal data breach claim.

If you want to discuss what types of evidence you could provide, please contact our advisory team today.

No Win No Fee Data Breach Solicitors

Our advisors are available to answer any questions you may have about email data breach claims. Moreover, if they think you have a strong case, you could be connected with one of our No Win No Fee solicitors to start your claim. Solicitors that offer their services through a Conditional Fee Arrangement (CFA), provide claimants with various benefits, including:

• You won’t be required to pay for any upfront or ongoing solicitor service fees
• If your claim is unsuccessful, you won’t be required to pay for solicitor’s fees
• If your claim is successful, you will only be required to pay a small success fee for your solicitor’s work. This percentage is deducted from your compensation and is legally capped, therefore you will always be awarded with the bulk of the compensation.

To find out more about No Win No Fee arrangements, please contact our advisors.

Contact Legal Expert

Our advisors are available 24 hours, 7 days a week to answer any questions about personal data breach claims. If you experienced an email data breach and wish to make a claim, please contact us for free:

• Call us on 0800 073 8804
• Contact us online
• Use our live chat feature

More Information

To learn more about making a personal breach claim, please see our other guides:

• Get advice if you have experienced an energy company data breach
• Learn about stolen phone data breach claims 
• Learn about hotel data breach compensation claims

Additional external information:

• Learn about understanding secure email in this local government guide.
• See the top tips about staying secure online from Gov.Uk
• Learn about how to make a complaint from the ICO

Thank you for reading our guide on email data breach claims.

If a family member or loved one has died due to the negligent actions of another party, you may be eligible to claim compensation. When an injury results in death, trying to figure out the process of claiming compensation can add more stress to an already difficult situation. That is why we have created a straightforward guide to fatal accident claims. It will assist you with your understanding and help you make the decision whether to take the next steps.

We begin with an explanation of the eligibility criteria for fatal accident claims. Following on from this, we outline the common causes that give rise to claims with examples. You can also learn about who qualifies to make a fatal injury claim.

Additionally, we explain how compensation is calculated and the different damages that could apply. Furthermore, we take a look at the process of starting a claim and how our solicitors could assist you.

Our solicitors work with clients on the basis on No Win No Fee to help them gain their rightful compensation. You can contact our advisors at any point if you would like to enquire. They offer experienced advice free of charge and without any requirement to pursue your case with us afterwards. You can get in touch:

• Via our telephone line on 0800 073 8804
• Using the pop-up chat on this webpage
• Through our contact us page

Select A Section

1. What Is The Eligibility For Making Fatal Accident Claims?
2. The Most Common Causes Of Fatal Accidents
3. Who Can Make Fatal Accident Claims?
4. How Much Fatal Accident Compensation Could Be Awarded?
5. The Fatal Accident Claims Process
6. How Fatal Accident Solicitors Can Help You To Claim
7. Frequently Asked Questions
8. Learn More

What Is The Eligibility For Making Fatal Accident Claims?

Fatal accident claims must meet a set of criteria in order to be valid. This means that:

• A third party must have owed a duty of care to the deceased
• They must have failed to act in accordance with their duty
• This caused the person’s death

You can keep reading our guide to find out who qualifies to claim compensation for a fatal accident. We also invite you to contact an advisor from our team who can assess your eligibility to proceed with the representation of an experienced No Win No Fee solicitor.

Road Traffic Accidents

All road users owe each other a duty of care when on the road. This applies to drivers, motorcyclists, cyclists and passengers. The duty of care means that they must act according to laws that aim to protect people from suffering harm.

Key guidance and laws include the Highway Code and the Road Traffic Act (1988). When these are not followed and a person sustains an injury as a result, they could have a valid road traffic accident claim.

Accidents At Work

You could also seek compensation for an accident at work where the employer failed to carry out their duty of care. This is outlined by the Health and Safety at Work Act 1974 (HASAW), which requires your employer to take reasonable steps to help ensure the safety of workers.

Public Liability Claims

When using a public space, the occupier owes you a duty under the Occupiers’ Liability Act 1957 (OCA). The occupier refers to the person in control of the space, such as a manager or landlord. They must take the necessary steps to ensure the reasonable safety of visitors.

Medical Negligence

Medical negligence occurs when someone suffers unnecessary harm due to a medical professional failing to meet the minimum standard of care. All medical professionals owe you a duty of care when they are treating you.

Criminal Injuries

You could also be eligible to claim compensation for a fatality related to a criminal injury through the Criminal Injuries Compensation Authority (CICA). This is an agency that compensates victims of violent crimes.

Compensation may be awarded to a relative or loved one who found the victim after the incident. You could also claim compensation based on other factors, which we outline later in this guide.

If you have any questions about claiming compensation for a fatal accident, please do not hesitate to contact our team of advisors. They have experience in handling cases of this nature and will approach your enquiry with the empathy it deserves.

The Most Common Causes Of Fatal Accidents

Now that we have outlined some types of fatal accident claims, you may be wondering how these could apply to a case. Read the following list for some examples of situations which could provide grounds for a fatal accident case:

• A speeding driver failed to stop in time for a pedestrian crossing the road, causing them to run over the pedestrian
• A driver fails to look while crossing at a junction, meaning that they collide with another car that had the right of way.
• Crashing a pallet truck into another employee after a manager instructs the person to drive it without adequate training.
• Working in construction without the provision of Personal Protective Equipment (PPE), such as a helmet, which can cause fatal head injuries if debris falls from a height.
• The council is aware of faulty equipment at the park, but does not replace it. While using the equipment in a public park, it collapses under a person’s weight, and they hit their head on the ground.
• A faulty stair railing in a museum that falls apart while someone is using the stairs causing a fall from height.
• An optician’s failure to diagnose a patient with eye cancer. This allows the cancer to spread and reach a terminal stage.
• A pharmacist mixes up a prescription with that of another patient, causing them to prescribe a medication that the patient has a known allergy to.
• An armed robber attacks a victim with a knife, resulting in multiple stab wounds.
• An arsonist sets fire to a building with people trapped inside.

If these examples do not apply to your situation, there is no need to worry. This is not an exhaustive list, so we recommend reaching out to an advisor to discuss the specifics of your case. They can let you know if you could be eligible to claim compensation and advise you of the next steps to take.

Who Can Make Fatal Accident Claims?

There are laws in place that determine who can make fatal accident claims. Keep reading for further details.

The Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 outlines the rights of the deceased’s estate to make a claim of behalf of the deceased. This applies to a six-month period following the death.

The estate can claim compensation relating to:

• General damages
• Special damages
• Funeral costs
• A dependency claim

We define these terms and provide further details in the next section.

The Fatal Accidents Act 1976

Under the Fatal Accidents Act 1976 (FAA), qualifying relatives can start a claim if the estate has not claimed within 6 months after the death occurred.

This allows the recovery of costs relating to:

• Funeral costs
• A bereavement award
• The loss of financial dependency

These terms will also be outlined in the next section, so please keep reading to learn more about the different types of compensation that apply to fatal accident claims.

How Much Fatal Accident Compensation Could Be Awarded?

Compensation for fatal accident claims can cover a variety of losses. The estate can claim damages on behalf of the deceased. These include general damages, which cover the pain and suffering the deceased experienced due to injury.

We have provided some figures from the Judicial College Guidelines (JCG) below. Legal professionals may use these when assessing general damages. The document pairs different types of injury with compensation guideline brackets.

Please note that these figures provide a guide and do not confirm the amount of compensation you could be entitled to. If you would like a better idea of what your compensation could cover, please contact our helpful team of advisors. They can discuss the specific nature of the case and perform a free case assessment.

The first figure we have listed was not taken from the JCG.

Injury	Compensation Guideline Bracket
Fatality plus add-on claims	Up to £550,000 and over
Paralysis- tetraplegia/quadriplegia	£396,140 to £493,000
Paralysis- paraplegia	£267,340 to £346,890
Brain damage- very severe	£344,150 to £493,000
Injuries resulting in death- full awareness	£15,300 to £29,060

The estate can also claim special damages on behalf of the deceased. These refer to costs the deceased incurred in relation to their injury prior to their death, such as:

• Medical costs
• Expenses made when travelling to/from medical appointments
• Time taken off work due to injury
• Costs for home adjustments required for their injuries

Dependency Claims

Those who qualify to make a dependency claim include:

• The estate of the deceased
• A current or former spouse/civil partner
• A child or descendant of the deceased (including stepchildren)
• A parent or ascendant of the deceased (including a step-parent)
• A person who lived with the deceased as a spouse for two years prior to their death
• An uncle, aunt, sister or brother of the deceased and their children

These individuals could make a claim for:

• Loss of consortium- this can refer to the loss of an important relationship such as one that is familial or romanatic
• Loss of dependency- this covers a dependent for the loss of the deceased’s income
• Loss of services- this covers the services that the deceased provided, such as childcare

Bereavement Damages

The FAA also allows qualifying relatives of fatal accident claims to seek bereavement damages. This is a fixed sum of £15,120 that can be split if multiple relatives claim it. Those who qualify for bereavement damages include:

• A spouse or civil partner
• Parents- this only applies if the deceased was unmarried and under the age of 18. If this is the case and they were also born outside of wedlock, the mother can claim.
• A person who lived with the deceased for two years before their death and lived as spouses

We understand that there are a lot of factors to consider when it comes to compensation for fatal accident claims. Please reach out to an advisor if you have any queries about the different types of damages and losses you could claim.

The Fatal Accident Claims Process

You may be wondering how the process for fatal accident claim works. Keep reading to learn about the evidence that is required to strengthen your claim.

What Evidence Will Be Needed To Support A Claim

Depending upon the type of compensation you are claiming, you will need to provide the following in order to prove your claim:

• A copy of the deceased’s medical records
• Photos or CCTV footage of the injury/incident
• Receipts and bank statements
• Contact details for those who witnessed the incident and could later be called upon to provide a supporting statement
• Inquest results
• Death certificate

You can contact an advisor at any time if you would like to learn more about the process of claiming compensation. They can advise you on what evidence would be appropriate for your claim.

How Fatal Accident Solicitors Can Help You To Claim

Our solicitors are experienced in handling fatal accident claims. We have already helped our clients gain a total of over £80 million in compensation. We understand that this is a difficult process, so our solicitors offer excellent services to help make the process easier for you. These include:

• Assisting you with the gathering of evidence to strengthen your claim (this includes taking witness statements)
• Contacting relevant experts for their opinions
• Negotiating your compensation with the aim of giving you the option to settle outside of court
• Helping you to understand legal processes and detailing anything that you are unsure of
• Approaching your claim with the dignity and empathy that it deserves

They also offer Conditional Fee Agreements (CFA) to eligible claimants. This is a type of No Win No Fee contract, which is a common way for people to seek legal representation without having to pay for their solicitor’s work:

• Prior to the start of the claim
• While the claim is ongoing
• In the event that the claim is unsuccessful

If you do receive compensation, you will then need to pay a success fee. This refers to the percentage of your compensation that you owe to your solicitor. There is a legal cap in place to ensure that most of the compensation stays with you, so you do not have to worry about losing the majority of your compensation.

Please do not hesitate to contact our advisors with any questions you may have about starting a claim. They have experience in handling similar cases, so they can advise you of the next steps if you are eligible to proceed.

• Via our telephone line on 0800 073 8804
• Using the pop-up chat on this webpage
• Through our contact us page

Frequently Asked Questions

Is There A Deadline For Making A Fatal Accident Compensation Claim?

Typically, the legal time limit means that you must start the claim within three years from the date that death occurred or the date that it became clear the death was a result of a party’s negligent actions. For example, the cause of death may not become clear until an inquiry or post-mortem has been performed.

How Can Compensation For A Fatal Accident Help Me?

Compensation can help many people to focus on the grieving process and look forward. It can help people recover from the financial impact they may have suffered. Some lose out on income due to time taken off work, or have to pay funeral costs.

How Long Will It Take Before We’re Paid Our Compensation?

Unfortunately, we cannot provide a time frame for your claim. Many factors could impact the length of time taken to claim, such as:

• Whether or not your claim goes to court
• How busy the court schedule is
• The nature of the fatal injury
• The amount and type of evidence that you need to provide
• Whether the defending party admits liability

Will Our Family Have To Go To Court?

A solicitor will typically aim to settle your claim outside of court as this is a much quicker process. However, there is a chance that your claim could go to court. If this were the case, your solicitor would discuss the details with you prior to court proceedings. You can also speak with one of our advisors if you would like more information about this. 

Learn More

You can also read our other fatal accident guides:

• Learn about manslaughter claims
• Find out how to claim for death due to dangerous driving
• Visit our guide on claiming for death due to a motorcycle accident

External resources

• Follow the NHS guidance for dealing with grief
• Visit the government webpage for bereavement support
• Report a death to the government

Thank you for reading our guide on fatal accident claims.