Author Archives: Patrick Mallon

About Patrick Mallon

Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

How Is Medical Negligence Compensation Calculated And When Could I Claim?

This guide explains, “How is medical negligence compensation calculated?”. Medical negligence is when a patient suffers harm that should have been prevented (otherwise known as avoidable harm) due to a medical professional failing to provide the correct standard of care.

For all successful medical negligence cases, numerous factors need to be considered to determine a claim’s worth. In the first section of this guide, we explain those factors. We will also explain the different forms of compensation you may be awarded for a successful clinical negligence claim, and provide you with a guideline compensation table to help you understand how much the harm you have suffered may be worth,

We also discuss at what point someone has a valid medical negligence claim, with some brief examples of how a medical professional could breach their duty of care. If you do have a valid compensation claim after experiencing medical negligence, you may be able to claim compensation with one of our solicitors on a No Win No Fee basis. At the end of this guide, we explain what No Win No Fee agreement is offered by our medical negligence solicitors and how it can greatly benefit you when claiming compensation.

It is free to contact our team to discuss your case. Our advisors can support you and help answer any questions you may have about the claiming process. They are available 24/7 through these contact options:

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Jump To A Section

  1. How Is Medical Negligence Compensation Calculated?
  2. How Much Medical Negligence Compensation Could I Be Awarded?
  3. Am I Eligible To Claim For Medical Negligence?
  4. Why Claim With A No Win No Fee Medical Negligence Solicitor?
  5. Learn More About How Medical Negligence Compensation Is Calculated

How Is Medical Negligence Compensation Calculated?

When a medical negligence claim is successful, the person will receive financial compensation for how the negligence affected them. These effects are separated into physical, psychological, and potentially financial.

General Damages

General damages is the head of loss which awards compensation for how the medical negligence has affected you physically and psychologically. Some factors that are taken into consideration when this head of your claim is being calculated include:

  • The type of harm you suffered and its severity.
  • How your emotional health has changed.
  • How your quality of life has been impacted.
  • How long your medical treatment and recovery period is.

You may be able to use a medical negligence claims calculator to help you gain a clearer idea of how much compensation you could receive in general damages. A medical negligence calculator works by asking you what harm you suffered and how severe your pain is.

Special Damages

Special damages is the head of loss which awards compensation for how the medical negligence has affected you financially. This head of loss also covers any future financial losses which you may incur due to the medical negligence. As such, here are some financial losses which may be able to be claimed under special damages:

  • The costs of medical treatments and prescriptions.
  • The costs for medical equipment, such as a wheelchair.
  • Lost earnings due to taking time off work to recover. This includes any projection pension payouts if your future employability is affected.
  • How much travelling to and from hospital appointments have cost.

  • Professional care costs if you required help at home.

By being awarded special damages, your financial position should be restored to what it was before you experienced the medical negligence.

However, you need to keep evidence of the financial losses you are claiming for. For example, payslips, invoices, receipts, and bank statements can be used as evidence.

If you still have any questions regarding how medical negligence compensation is calculated or how to use a medical negligence claims calculator please don’t hesitate to have a chat with us.

A stethoscope on a grey table and a gavel behind the stethoscope blurred in the background.

How Much Medical Negligence Compensation Could I Be Awarded?

To help determine how much compensation you could receive under general damages, you might be asked to attend an independent medical assessment sometime throughout the case process. The reports conducted from this assessment can be looked at by those in charge of valuing your claim.

They may also look at the Judicial College Guidelines (JCG). The JCG documents different guideline compensation amounts for different forms of physical and psychological harm.

Guideline Compensation Table

There are many types of different physical and psychological effects that could be suffered from medical negligence. However, we have taken a small selection from the JCG, along with their guideline compensation amounts, to give you a rough idea of what could be awarded. Please note, however, that the first entry has not been taken from the JCG.

Also, note that no set compensation amount can be guaranteed for your potential claim since all cases are different and unique.

Harm SufferedSeverityGuideline compensation amountsNotes
Multiple types of serious harm with financial impactsSerious Up to £500,000+A compensation amount for sustaining multiple types of serious harm with their financial impacts such as lost wages, professional care costs, and home adaptations.
KidneySerious/permanent damage or loss (a)£206,730 to £256,780To both kidneys.
Loss of one kidney (c)£37,550 to £54,760The remaining kidney is fine.
BowelDouble incontinence (a)Up to £224,790 With other medical complications, there is no bowel or bladder control or natural function.
Total loss of natural function (b)Up to £183,190 The person will depend on a colostomy. The award will depend on the person's age.
Female reproductive systemInfertility (a)£140,210 to £207,260Including cases of significant medical complications such as failing to diagnose an ectopic pregnancy.
Failed sterilisation (g)In the region of £12,450 That leads to an unwanted pregnancy, but there are no serious psychological impacts.
BladderSerious impairment of control (c)£78,080 to £97,540 Along with some pain and incontinence.
Male reproductive systemUncomplicated sterility (d)£68,430 to £87,080There will be no impotence or any aggravating features for a young person with no children.
SpleenLoss of spleen (a)£25.380 to £32,090Where the risk of internal disorders and infections are continuing due to the immune system's damage.

If you want to find out how much compensation your potential medical negligence claim could be worth, please contact us.

Am I Eligible To Claim For Medical Negligence?

All medical professionals and healthcare professionals owe a duty of care to all of the patients under their care. To comply with this duty, they are expected to always deliver the correct standard of care. If they deliver a standard of care that is substandard and falls below this minimum expectation, this is considered a breach of their duty of care.

For example, if a GP prescribed a medication to you that contained something you were allergic to, and they were aware of this allergy as it was stated in your medical records, this could cause you to suffer an allergic reaction. This could be classed as GP negligence.

As such, if you can prove each of the criteria below, then you could have an eligible medical negligence claim:

  1. You were owed a duty of care by a medical professional.
  2. They breached this duty.
  3. As a result of this, you suffered avoidable harm.

Time Limits In Medical Negligence Claims

There is a standard 3-year time limit for most medical negligence claims, as the Limitation Act 1980 states. The time limit begins from the date the medical negligence took place or the date you first became aware of the medical negligence. This is sometimes referred to as the date of knowledge.

However, the time limit is paused if the claimant lacks the mental capacity to claim on their own. While it is paused, a litigation friend can be appointed by the courts to claim on their behalf. Should they regain this capability and no claim has been started, the claimant will have 3 years to begin their own legal proceedings from the date they recovered this mental capability.

Additionally, those under the age of 18 who have suffered medical negligence will have the time limit paused until their 18th birthday, at which point they will have 3 years to begin their own medical negligence claim. A litigation friend could begin this process on their behalf prior to the claimant’s 18th birthday.

Our team can give you more details about the medical negligence claims time limit and its exceptions. They can also confirm whether you are eligible to claim clinical negligence compensation and answer any questions you may have regarding how medical negligence compensation is calculated.

Why Claim With A No Win No Fee Medical Negligence Solicitor?

If you have an eligible clinical negligence compensation claim, our team can connect you with one of our specialist No Win No Fee medical negligence solicitors. Our solicitors have years of experience working on various clinical negligence claims. Some of the services they can offer to you include:

  • Help with gathering evidence to support your case, such as medical records and eyewitness statements.
  • Ensuring your claim is submitted within the time limit.
  • Explaining any legal jargon that is used throughout the claiming process that you might not understand.
  • Ensuring you receive a fair compensation settlement by negotiating this on your behalf.

Additionally, if one of the No Win No Fee solicitors on our team agrees to take on your case, they may offer their services to you under a Conditional Fee Agreement (CFA).

Here are some reasons why it is greatly beneficial to be represented by a solicitor under a CFA when making your claim:

  • You will pay no upfront fees for the work that your solicitor does.
  • You will pay no ongoing fees for the work that your solicitor does
  • If your claim is unsuccessful, you will not pay any fees at all for the work your solicitor has provided.

If your claim is successful, your solicitor can take a success fee out of your compensation. A success fee is a legally capped percentage. This percentage will be discussed with you prior to the claiming process beginning.

Start Your Case

Talk to our team to see if one of our expert solicitors could help you with your case. Our advisors can also help answer any questions you may still have, such as ‘How is medical negligence compensation calculated?’. You can speak directly with an advisor for free if you:

Someone asking a solicitor 'How is medical negligence compensation calculated?'.

Learn More About How Medical Negligence Compensation Is Calculated

Below are a few of our related guides:

Below are some pages which might provide you with useful information:

Thank you for reading our “How is medical negligence compensation calculated?” guide. We hope to have answered your questions. If not, you can always contact a friendly member of our advisory team.

Rowlands Pharmacy Prescription Error Claims Guide

Pharmacists are medical professionals who must ensure that their care meets the correct standard. If pharmacists fail to provide a service of skill and care equal to that of a competent professional, mistakes or errors could be made that could lead to patients suffering harm that was otherwise avoidable. In our guide, we discuss the steps that could potentially be taken should a Rowlands Pharmacy prescription error occur that you believe has led to you suffering unnecessary harm. 

We begin this guide by looking at the medical negligence claims eligibility criteria to make a prescription error claim against a pharmacy; we provide some examples of how substandard care from pharmacy employees could lead to unnecessary medical complications for customers.

Continuing through the guide, you can learn what evidence can help your claim against a pharmacy. We additionally discuss how a compensation payout can, in certain cases, allow you to receive damages for financial harm as well as physical or emotional pain.

Lastly, our guide outlines the benefits of making a No Win No Fee claim with the professional guidance of one of our experienced solicitors.

Further to this guide, we offer free and readily available support through multiple routes. Check out our contact details below and pick an option to reach a helpful advisor today:

  • Phone our 24/7 helpline on 0800 073 8804.
  • Make a query about your claim online so we can call you.
  • Chat with an advisor through our live support feature below.

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Select A Section

  1. Rowlands Pharmacy Prescription Error Claims Guide
  2. When Could You Be Eligible To Claim For Negligence By A Pharmacy?
  3. Proving Negligence Claims Against A Pharmacist
  4. What Is The Average Payout For Pharmacy Negligence?
  5. Could I Make A No Win No Fee Claim For A Rowlands Pharmacy Prescription Error?
  6. Discover More About Claiming Against Negligent Pharmacies

Rowlands Pharmacy Prescription Error Claims Guide

A pharmacist has many duties, including:

  • Preparing, labelling and storing medications.
  • Dispensing prescribed medicine to patients.
  • Being available to provide advice on medicine use where needed.
  • Ensuring patients have access to repeat prescriptions or an emergency prescription.

Pharmacists should meet the professional standards set out by the General Pharmaceutical Council (GMC), a regulatory body for pharmacy professionals, while providing their services.

If you are thinking of making a compensation claim because the pharmacist made an error with your prescription and you believe this has led to you suffering harm, you need to be able to satisfy the medical negligence claim eligibility criteria as follows: 

  • A pharmacy professional owed you a duty of care.
  • They failed to meet this duty as the correct standard of care was not maintained.
  • This led to you suffering harm that could have otherwise been avoided.

Should a Rowlands Pharmacy prescription error occur, and you believe that it has caused you harm or illness, our advisors can assess your potential case. 

When Could You Be Eligible To Claim For Negligence By A Pharmacy?

You may be wondering how negligent pharmacy errors could occur, or whether the harm you suffered after a medication error was avoidable. These illustrative examples may help give you an idea of what could lead to a medical negligence claim against a pharmacy:

  • Because of a failure to correctly store medication, a pharmacist gave the patient an out of date drug, which was unable to work as intended. This dispensing error allowed the patient’s condition to worsen.
  • A pharmacist gave a patient a repeat prescription without approval from a doctor. The patient was meant to come off the medication and taking more had adverse effects on them.
  • The pharmacist labelled the medication incorrectly. The labelling told the patient to take 10 times more than the recommended dosage. Because of this, the patient overdosed on their medicine. 
  • A pharmacist gave a patient the wrong prescription. Instead of taking their regular medication, the patient unwittingly took a drug they were allergic to, causing a severe reaction.

You may be unsure if you’ve suffered as a result of pharmacy negligence or if you can claim compensation for it. The best way to find out quickly and without paying a fee is to call our free helpline on the number listed above.

A pharmacist reaches for medication on a pharmacy shelf.

Proving Negligence Claims Against A Pharmacist

The onus will always be on you, the claimant, to prove that you meet the medical negligence claim eligibility criteria in order to seek compensation. This will mean you will need to gather evidence that proves not only that the pharmacist or pharmacy was negligent but that you suffered avoidable harm as a result.

Helping with this effort is one service our expert solicitors can provide when their clients seek out their support. Some forms of evidence that could help you prove medical negligence include:

  • The medication you received. This can include the medicine itself, or at least the bottle and packaging it came in.
  • Medical records. You can request a copy of your health records from your GP or healthcare provider. They can outline your original prescription, as well as the effects of the prescription error, and the treatment you had to receive.
  • Detailed notes of who served you in your chosen pharmacy and the pharmacy’s address, plus the symptoms and recovery journey after you suffered the adverse effects of the prescription error.
  • Witness statements from anyone who saw what happened in the pharmacy. You don’t have to take statements yourself, but it would be useful to collect contact information.
  • Documents outlining any financial losses accrued because of the medical error. We explain how this and your medical evidence could be important to your potential payout in the next section.

If you do not have access to all of these forms of evidence, you may find it worthwhile to seek support from a legal expert. You can get detailed information on what a solicitor can do to help you claim for a medical drug error by getting in touch with us today. Our advisors are also available 24/7 should you want to know what steps to take if a Rowlands Pharmacy prescription error occurs. 

What Is The Average Payout For Pharmacy Negligence? 

Because all claims are different, and as your solicitor would push for the best possible resolution for you, there is no settled average prescription error compensation payout.

One certainty is that a payout will feature general damages compensation. This accounts for the avoidable physical pain or emotional suffering caused by a pharmacy error.

If you also experience financial loss, special damages compensation could be added to the payout. Such out-of-pocket expenses could include:

  • A loss of earnings if you are unable to work while ill.
  • Medical bills.
  • Fees for travel to and from appointments.
  • Domestic care costs.

The evidence of financial harm you provide—for example, payslips or receipts—can be used to calculate a special damages compensation amount.

Those responsible for calculating a general damages figure might take a look at the Judicial College Guidelines (JCG). This document features guideline brackets for various injuries and illnesses, covering a range of severities. We have put together a table based on these figures. As we mentioned before, this is only a guide.

Guideline table

Please note that the top line is not taken from the JCG.

INJURYSEVERITYCOMPENSATIONNOTES
Multiple Very Serious Illnesses And Significant Financial Losses And CostsVery SevereUp to £500,000+Compensation addressing multiple significant physical or mental injuries, plus financial losses such as missed earnings past, present and future, rehabilitation and home adaptations.
Brain DamageModerately Severe£267,340 to £344,150The affected person is very seriously disabled, suffering either physical or cognitive disability.
Moderate (i)£183,190 to £267,340Cases featuring a moderate to severe intellectual deficit and no employment prospects.
KidneyBoth Kidneys£206,730 to £256,780Both kidneys are lost, or at least permanently and seriously damaged.
BladderDouble IncontinenceUp to £224,790A complete loss of urinary function and control, plus total loss of natural bowel function and other medical complications.
BowelsTotal Loss of Natural FunctionUp to £183,190There may also be dependence on colostomy, depending on age.
Psychological HarmSevere£66,920 to £141,240Marked issues with various factors, including the ability to cope with education, work or life in general.
Digestive SystemNon-Traumatic Injury (i)£46,900 to £64,070Severe toxicosis that causes acute pain, vomiting, fever and diarrhoea. The affected person is hospitalised.
Injuries Affecting The SensesImpairment of Taste and Smell (a)In the region of £47,810The total loss of taste and smell.

Could I Make A No Win No Fee Claim For A Rowlands Pharmacy Prescription Error

If a Rowlands Pharmacy prescription error were to occur our advisors are free 24/7 to provide free advice on the potential steps you could take. When a compensation claim is possible claimants can be connected to a specialist medical negligence claim solicitor who could provide legal representation on a No Win No Fee basis.

Their help throughout the claims process would be provided under a Conditional Fee Agreement, which is a form of No Win No Fee contract.

As such, you will not have to pay an upfront fee for their work, or any running solicitor costs. If the case fails, you aren’t out of pocket for the solicitor’s work at all.

Winning the case entitles you to a payout and the solicitor to a success fee, which is a small percentage of the compensation awarded to you. Because The Conditional Fee Agreements Order 2013 puts a clear legal cap in place, the percentage set aside for a solicitor is guaranteed to be small.

Whether you have any questions, want to learn if you have reasonable grounds to claim or are looking for an expert solicitor to take on your valid medical negligence case, we have you covered. Contacting us is completely free and you will always have the final say on what action you take.

You can reach us:

  • Over the telephone at 0800 073 8804.
  • By submitting a ‘Claim online’ form with details of your potential case.
  • Via our live support service, accessible through the pop-up tab below.

A solicitor sitting at a desk with hands clasped. Our solicitors can help with your potential Rowlands Pharmacy prescription error claim if it is valid.

Discover More About Claiming For Medication Errors

Our site contains plenty of information on medication negligence claims, including the ones below:

Some further relevant information can be found through these resources:

  • An NHS directory of pharmacies and where to find the stores nearest to you.
  • The GPC explains how to share feedback or report concerns about a pharmacist to them.
  • The Professional Standards Authority for Health and Social Care shows how to find a pharmacist in England, Scotland, Wales or Northern Ireland and confirm if they are registered.

Should a Rowlands Pharmacy prescription error occur, and you suffer avoidable harm or illness, our advisors can assess your potential case. 

Can I Claim If An NHS Letter Was Sent To The Wrong Address?

In this guide, we’ll explore the steps that you could take if an NHS letter was sent to the wrong address. UK residents personal data is protected by the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA). We’ll discuss these legislations in more detail and define some common terms found in data breach law.

You are considered a data subject when personal data such as your name is processed. This type of data is protected by data protection law. This guide will examine the steps that can be taken should a breach of this personal data occur.

The guide will go further to examine how a compensation claim could be made under the UK GDPR when those responsible for such data fail in their obligations to protect it. As you get further down the guide, you will also see a section on the evidence needed to make a personal data breach claim and how compensation is calculated should you succeed. 

Finally, our guide explores the many benefits of working with a legal expert on your data breach compensation claim, and how a No Win No Fee agreement could help you.

Contact Us 

Our team of advisors are here to help, day or night. If you’ve been harmed mentally or financially by a personal data breach, contact us today by:

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Select A Section

  1. How To Claim If An NHS Letter Was Sent To The Wrong Address
  2. What Information Could An NHS Letter Contain?
  3. How To Prove An NHS Letter Was Sent To The Wrong Address
  4. What Could I Claim For A Letter Sent To The Wrong Address?
  5. Can I Make A No Win No Fee Data Breach Claim Against The NHS?
  6. Where Can I Learn More About Medical Data Breach Claims?

How To Claim If An NHS Letter Was Sent To The Wrong Address

As we’ve already mentioned, the UK GDPR and the DPA work hand in hand to protect the personal data of UK residents. But what is personal data?

Under data protection law, personal data is any information that can be used by someone else to identify you. For example, this might include your postal address, phone number, or date of birth. 

The NHS can be classed as both a data controller and a data processor. A controller, because they decide why and how they need to use your data, and a processor because they process it.

An NHS trust can have access to a wide range of this data, as it can be needed if you are admitted to a hospital, see a GP, or use a mental health service. Since they are a public body, they are required to appoint a data protection officer (DPO) to help them comply with legislation.

Data controllers and processors must comply with data protection legislation. When they fail to do so, this could lead to a data breach for which they could be liable for. You could potentially make a personal data breach claim if you can prove that:

  • The organisation in charge of your data failed in their legal requirement to adhere to data protection law. 
  • This led to a data breach that involved your personal information.
  • Due to your personal information being compromised, you suffered mental or financial harm as a result 

How Long Do I Have To Claim For A Medical Data Breach?

Generally, you have six years to start a personal data breach claim. However, there are exceptions to this rule. 

To learn about the steps you could take if the NHS sent a letter to the wrong address, or to find out if you are within the time limit to make a personal data breach claim, get in touch using the contact details at the bottom of the page.

A man typing on a laptop with a digital image of an envelope floating above it

What Information Could An NHS Letter Contain?

Some personal data falls under the heading of special category data. This data needs special protections, due to its sensitive nature. Importantly, information relating to your medical conditions is classed as special category data.

If the NHS sent a letter to the wrong address, this could allow an unauthorised person to gain access to information such as your:

  • Home address
  • Full name 
  • NHS number 
  • Medications
  • Medical conditions, including your HIV status or information from your patient records
  • Gender and sexual orientation 

For many people, this kind of information being exposed to a person could result in significant effects on their mental well-being. Contact our team today to find out what steps you could take if the NHS sent a letter to the wrong address.

How To Prove An NHS Letter Was Sent To The Wrong Address

When you make a personal data breach claim, you are responsible for proving that a data controller or processor is liable. As we’ve already mentioned, you can only make a claim if you can prove that the party responsible for your personal data failed to adhere to data protection law, which led to a breach that caused you to suffer either financial or emotional harm.

Some examples of proof that you could use to support a data breach claim include:

  • A letter of notification: If you received a letter or an email notifying you that your personal data had been sent to the wrong address, you could use this as evidence 
  • ICO correspondence: The Information Commissioner’s Office (ICO) oversees data protection in the UK. If you make a formal complaint to the ICO and they decide to conduct an investigation, the outcome could be used as evidence. 
  • Medical records: To help prove that you suffered psychological damage, you can submit medical records or a letter of diagnosis from a psychiatrist 
  • Financial records: Bank statements, wage slips, and invoices can be used to prove that you suffered financially. 

These are just a few examples of how you could prove a data breach claim. If you choose to work with a solicitor, they can help you gather evidence. Contact us to learn more, or read on to learn more about the steps you could take if an NHS letter was sent to the wrong address. 

The word confidential typed out on a piece of white paper by a typewriter

What Could I Claim For A Letter Sent To The Wrong Address?

When you successfully claim for a data breach, you can receive up to two heads of compensation. Non-material damage is the psychological impact of the breach.

For example, if a letter containing details of your medical conditions was sent to unauthorised persons, this could cause considerable anxiety. Data breaches can also result in stress, depression, and post-traumatic stress disorder (PTSD).

When this part of your award is valued, the person calculating it might reference the Judicial College Guidelines (JCG). This document contains guideline compensation amounts for different psychological injuries, some of which are included in the table below. 

Please note that these amounts are guidelines only and that the first entry is not from the JCG. 

Guideline Compensation Brackets

Psychological InjuryCompensation BracketNotes
Severe Psychological Harm And Financial LossesUp to £250,000+Severe psychological harm and financial losses, including lost earnings.
Severe Psychological Damage£66,920 to £141,240Very severe issues coping with daily life.
Moderately Severe Psychological Damage£23,270 to £66,920Symptoms are similar to the bracket above, but the prognosis will be much more optimistic.
Moderate Psychological Damage£7,150 to £23,270Symptoms show improvement by the time of trial.
Less Severe Psychological Damage£1,880 to £7,150This bracket depends on how long symptoms are present.
Severe PTSD£73,050 to £122,850The claimant has severe symptoms that mean they cannot function at the pre-trauma level.
Moderately Severe PTSD£28,250 to £73,050This bracket has a better prognosis because the claimant has some chance of recovery.
Moderate PTSD£9,980 to £28,250A large recovery occurs, and few smyptoms remain.
Less Severe PTSD£4,820 to £9,980A virtually full recovery happens within two years.

Material Damage

Material damage is the financial loss caused by the breach. For example, you might be unable to work due to the psychological effects of the breach. If this results in lost earnings, you could potentially claim these back as part of your material damage compensation.

If you’d like to learn more about how much compensation you could receive, contact our team today.

A hand posting a letter through a red letterbox

Can I Make A No Win No Fee Data Breach Claim Against The NHS?

Data protection law can seem complex, and when it comes to making a claim, you may be unsure of where to start. 

Our expert solicitors have years of experience in data breach claims, and could potentially help you claim on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). 

Under this kind of agreement, your data breach solicitor will start working on your claim without any upfront fees. Plus, if your claim doesn’t succeed, then you don’t pay your solicitor for their services. 

If you successfully claim compensation, then a small percentage will be taken as your solicitor’s success fee. This percentage is legally capped.

Contact Our Team

Our advisors are here to help. When you get in touch, a member of our friendly team will offer you a free evaluation. If they find that you have a valid claim, they can connect you with one of our expert No Win No Fee solicitors.

To get started:

A solicitor helps a client after an NHS letter was sent to the wrong address

Where Can I Learn More About Medical Data Breach Claims?

For More Helpful Guides

For More Helpful External Resources:

Thank you for reading our guide on the steps you could take if an NHS letter was sent to the wrong address.

How Long Do I Have To Make A Data Breach Claim And What Compensation Could I Receive?

This guide aims to answer the question, “How long do I have to make a data breach claim?” We explain what a personal data breach is, the eligibility criteria for making a data breach compensation claim and the time limit that must be adhered to when starting this type of claim.

As the focus of our guide is on time limits, we examine the timeframes for both making a claim and reporting a data breach to the Information Commissioner’s Office (ICO), the UK’s independent body for upholding information rights.

Additionally, we will provide information on how data breach compensation is valued and calculated for the two different types of damage you could suffer following a breach of your personal data.

Towards the end of this guide, we explain the type of No Win No Fee contract offered by our solicitors and the benefits you can enjoy when you instruct a solicitor to represent you under such an agreement.

Our advisory team are available 24 hours a day, 7 days a week, to address any questions you might have regarding the data breach claims process and provide free advice. Our advisors can also assess your eligibility to begin a claim for no charge. Talk to a team member today using the following contact information:

  • Call us on 0800 073 8804
  • Get started with your claim online by completing this form.
  • Use the live chat button at the bottom of your screen.

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Select A Section

  1. How Long Do I Have To Make A Data Breach Claim?
  2. When Can I Be Compensated For A Data Breach?
  3. How Long Do I Have To Report The Data Breach?
  4. What Compensation Could You Claim For A Data Breach?
  5. How Long Do I Have To Make A Data Breach Claim With A No Win No Fee Solicitor?
  6. Learn More About Making A Data Breach Claim

How Long Do I Have To Make A Data Breach Claim?

The limitation period for starting a personal data breach claim will depend on who the claim is being made against. A typical data breach claim will generally need to be started within six years of the breach occurring.

However, the limitation period is reduced to one year if you are making a data breach claim against a public body.

For a more personalised answer to the question, “How long do I have to make a data breach claim?” talk to our advisors using the number provided below. Additionally, you can continue reading our guide to find out when you could be eligible to make a claim for a data breach.

When Can I Be Compensated For A Data Breach?

Now that we have established, ‘How long do I have to make a data breach claim?’, you will also need to know when you could be eligible to make one.

Any information that could identify you is considered as personal data. This includes your name, home address and national insurance number, for example.

Data processors and controllers are required to comply with the data protection standards set out by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Together, these sit together as data protection laws.

Data controllers are usually organisations that decide when and why your data is being processed. Data processors are usually a separate organisation or agency that process data on behalf of a data controller.

All data breach compensation claims need to meet the following eligibility requirements in order for them to be considered as valid:

  1. A data processor or controller failed to uphold their obligations under data protection law.
  2. This resulted in a data breach that affected your personal data.
  3. This personal data breach causes you to suffer financial loss, psychological harm or both.

For example, if an organisation sends a letter containing your personal data to the wrong postage address, this may cause you to suffer with anxiety due to the person who was sent your data having unauthorised access to it.

To see whether you may be eligible to claim data breach compensation following a breach of your personal data, you can contact one of our advisors. Additionally, the may also connect you with one of our data breach solicitors who could help guide you through the claiming process.

How Long Do I Have To Report The Data Breach?

You have a right to voice concerns about how your personal data is being stored, used or processed. The ICO usually stipulates that you should report a data breach to them within 3 months of your last meaningful contact with the organisation responsible for the data breach.

How Do You Report A Data Breach?

It is important to emphasise that reporting a data breach to the ICO is not required for making a data breach claim. However, if you do report a breach to the ICO, they may decide to investigate the breach and their findings could be used as evidence to support your claim.

If you are looking to report an organisation for failing to uphold data protection standards, the steps that should be followed when making a data protection complaint are as follows:

  1. Contact the organisation with your concerns: You should first express your concerns in writing to the data controller, explaining what your concerns are, giving clear details of the nature of your complaint.
  2. Give the organisation one month to respond: while it may take some time to deal with your complaint, you can politely chase the organisation if it appears no action is being taken.
  3. Response: organisations are obligated to clearly explain why your personal data is being used in the way that it is. You can ask for further clarification or express dissatisfaction with their response.
  4. Complain to the ICO: If you have followed these steps and the matter remains unresolved or the organisation is not responding to you, you can raise your complaint with the ICO itself. When making a complaint to the ICO, they will ask you to provide copies or any correspondence between you and the organisation and any other evidence that supports your complaint.

For more advice on how to report a data breach to the ICO or to find out if you could be eligible to claim compensation after a breach of your data, talk to our advisors today. The team is available 24/7 using the contact information given above.

An IT worker being notified on a data protection breach on their laptop

What Compensation Could You Claim For A Data Breach?

Now we’ve provided an answer to the question, “How long do I have to make a data breach claim?” you may also be wondering how much compensation you could be awarded for a successful data breach claim.

How much could be awarded in data protection breach compensation will depend on the specific factors of your case. However, compensation in a data breach claim can be awarded for two different types of damage; material and non-material damage.

Non-material damage refers to psychological harm caused by a personal data breach. For example, you may be eligible to make an anxiety data breach claim if you suffered this psychological condition following a breach of your personal data.

Those tasked with valuing your potential claim can refer to the Judicial College Guidelines (JCG) alongside your medical evidence to calculate a potential compensation figure.

The JCG publication contains guideline compensation brackets for various types of injuries. We have used the figures for psychological injuries in our table here. The top entry, however, is not a JCG figure; rather, it is a potential total compensation figure for both types of damage.

Compensation Table

Please be advised that this table has been provided for guidance purposes only

Type of HarmSeverityGuideline Compensation AmountNotes
Multiple Instances of Very Serious Material and Non-material DamageVery seriousUp to £250,000 +The injured person will have experienced very serious psychological distress as well as incurring significant financial losses such as lost income, stolen funds and fraudulent purchases made in their name.
General Psychiatric HarmSevere (a)£66,920 to £141, 240Marked problems across all areas of life, such as education and work, and a very poor prognosis.
Moderately Severe (b)£23,270 to £66,920Significant problems across multiple areas but a much better prognosis than in severe cases.
Moderate (c)£7,150 to £23,270The injured person will have experienced significant improvement and the prognosis will be good.
Less Severe (d)£1,880 to £7,150Awards in this bracket are influenced by the effect on sleep and daily activity.
Post-Traumatic Stress DisorderSevere (a)£73,050 to £122,850Permanent effects across all aspects of life that prevent anything resembling pre-trauma levels of function.
Moderately Severe (b)£28,250 to £73,050This bracket is awarded in cases where the prognosis is better than severe cases but there will be significant disability for the foreseeable future
Moderate (c)£9,980 to £28,250The injured person will have mostly recovered and not be experiencing any gross disablement.
Less Severe (d)£4,820 to £9,980Virtual recovery within two years and only minor continuing symptoms.

Compensation For Material Damage In Data Breach Claims

Material damage refers to the financial impacts of a personal data breach. This can be quite varied, both in terms of severity and the damage caused.

For example, you may have experienced a loss of earnings after needing to take time off from work due to suffering from post-traumatic stress disorder (PTSD) following a personal data breach. You may also have paid for extra home protection due to being anxious about someone arriving at your home after your home address was breached.

When claiming for your material damage, you will need to present evidence of it. This could include payslips, credit card and bank statements.

To get a more personalised estimate of the value of your potential claim, contact our advisors using the details provided below. They can also inform you of other material damage you may be able to claim for.

How Long Do I Have To Make A Data Breach Claim With A No Win No Fee Solicitor?

You can contact our advisors using the details provided below. Our team can offer further guidance on the data breach claim process and assess your eligibility free of charge. If your potential claim is deemed valid, our advisors could connect you with one of our expert data breach solicitors.

Our solicitors can provide their services under a No Win No Fee contract called a Conditional Fee Agreement (CFA). When you instruct a solicitor to represent you under CFA, you will benefit from distinct features of this type of contract, including:

  • In most cases, there are no fees to pay for the solicitor to commence work on your claim.
  • You will also not pay fees for that work as your claim progresses.
  • Finally, if your claim fails, there is no fee to pay for the work they have provided on your case.

Should your claim be successful, you will receive a data breach compensation payout. A percentage of this compensation will be taken by your data breach solicitor as a success fee. Since success fees are subject to a legally binding cap, you will get to keep the majority of any compensation awarded to you.

Contact Us Today

For a free assessment of your eligibility to start a claim, talk to our advisors today. They can also offer you free advice on your case and help if you are still wondering, ‘How long do I have to make a data breach claim?’. Our team is available at any time using the contact information given here:

  • Call us on 0800 073 8804
  • Get started with your claim online by completing this form.
  • Use the live chat button at the bottom of your screen.

A solicitor making notes while his client asks "how long do I have to make a data breach claim?"

Learn More About Making A Data Breach Claim

You can find out more about making data breach claims by reading some of our other guides:

  • Learn the eligibility criteria to make a claim for data breaches involving personnel records.
  • You could be entitled to compensation following a medical records data breach. Find out how to claim on our website.
  • If your personal data was sent to the wrong email address, this guide discusses when you may be eligible to make a claim.

We have also provided some external resources for additional information:

Thank you for taking the time to read this guide to making a data breach claim. We hope we have provided an adequate answer to the question, “How long do I have to make a data breach claim?” To get further advice, discuss the data breach claims process in more detail or to get a free assessment of your eligibility to claim, contact our advisors today. The team is available 24 hours a day using the contact information provided above.

A Guide On How To Make A Cycling Pothole Claim

Potholes are depressions on the road surface that form when water gets under the tarmac. While hazardous to all road users, cyclists are at particular risk as they lack the protection afforded by a motor vehicle. This guide will examine who could be eligible to begin a cycling pothole claim.

You will see information on who is responsible for maintaining the road network and how failing to adequately uphold this duty of care can result in accidents where a cyclist is injured, including some illustrative examples to show how these accidents can occur.

We also explain how personal injury compensation is calculated under the two heads of loss, including a compensation table with guideline brackets amounts for various types of injuries.

Our final section is concerned with the type of No Win No Fee contract offered by our solicitors, and how you can benefit when instructing a solicitor to represent you under such a contract.

To learn more about making a personal injury claim following a pothole accident or check your eligibility to claim compensation in your particular circumstances, contact our advisors today using the following contact details:

  • Call an advisor on 0800 073 8804
  • Begin your claim online through our website.
  • Use the live chat feature in the bottom left of your screen

a deep pothole or road defect presenting a substantial hazard for road users.

Select A Section

  1. How To Make A Cycling Pothole Claim
  2. What Injuries Could You Claim Compensation For?
  3. What Evidence Could Support A Cycling Pothole Claim?
  4. How Much Compensation Could You Claim For A Pothole Accident?
  5. Contact Us To Get Help Making A No Win No Fee Claim
  6. Further Cycling Pothole Claim Resources

How To Make A Cycling Pothole Claim

The Highways Act 1980 places a duty of care upon the party responsible for a given road. This party must ensure the road is adequately maintained to allow ordinary traffic to pass without incident. As we mentioned above, cyclists are particularly vulnerable to road defects, especially potholes, because they are substantially less protected than the drivers of motor vehicles.

Who is responsible for a given road can vary. For example, the council or local authority are responsible for local roads, whereas Highways England has responsibility for major roads such as motorways and major A roads. Since cyclists are prohibited from travelling on motorways and certain dual carriageways, a cycling pothole claim is typically made against the council or local authority.

Eligibility Criteria To Begin A Cycling Pothole Claim

Now we’ve explained who owes road users a duty of care with regard to maintaining the road surface, this section explains the eligibility for pothole claims against local authorities or the highway authority.

  1. The party responsible for maintaining the road owed you a duty of care.
  2. That party failed to repair road defects and maintain safe conditions for ordinary traffic, thus breaching this duty.
  3. As a result of this breach, an accident occurred in which you were injured.

However, section 58 of the Highways Act 1980 provides a defence for those responsible for maintaining the road networks. If responsible parties can prove that all reasonable measures were taken to ensure the highway was not dangerous to traffic or pedestrians, then a claim is unlikely. Just because you have an accident caused by a pothole does not mean you are automatically eligible to make a pothole claim.

For further advice on the eligibility criteria, or to get a free assessment of the validity of your potential cyclist pothole claim, contact our advisors today using the number given above.

Time Limits In Cycling Pothole Accident Claims

In most personal injury cases, there is a limitation period of 3 years from the accident date, as per the Limitation Act 1980. However there are circumstances when the general limit could be paused or extended. For example, those who were under 18 at the time of the accident will have the limitation period counted from their 18th birthday. If the injured persons lack the mental capacity to claim for themselves, this time limit is frozen altogether. In these scenarios, a suitable adult may apply or be appointed as a litigation friend and begin the claim on behalf of the injured person. 

You can get further advice on the relevant time limit by speaking with our advisors. The team can also provide a free assessment of your eligibility to claim. Get in touch today using the contact information provided above.

What Injuries Could You Claim Compensation For?

A cycling pothole claim could be made for a number of different injuries. We have detailed some example scenarios here to explore how an unrepaired pothole can present a serious risk to a cyclist:

  • You were cycling through a town when you hit a pothole. This caused you to swerve onto the pavement and collide with a lamppost. You suffered a broken nose and damage to your arm.
  • You turned off a main road into a side street. As you turn, your front wheel hits a pothole, causing you to lose control of your bicycle and hit an oncoming car. You suffered multiple broken bones in the crash.
  • You were cycling with a group when you rounded a corner and hit a pothole. Multiple cyclists lost control of their bicycles and collided with one another, including you. You suffered a badly lacerated leg and damage to your knee.

Many other scenarios could arise where a pothole causes a cyclist to suffer injuries, this section is intended to provide guidance, not an exhaustive list. To find out if you could claim compensation in your particular circumstances, contact our advisors today. The team is available 24 hours a day via the contact information provided below.

What Evidence Could Support A Cycling Pothole Claim?

In this section, we examine how to prove fault in a cycle accident injury claim. This is done through supporting evidence. As well as demonstrating who was at fault, evidence is also used to show the extent of your injuries. 

Examples of evidence you could use for your cycling pothole claim include:

  • Seeking medical attention is always recommended when you’ve been in an accident. While your health and well-being are the first priority, you can use the medical records from the treatment you receive as evidence for your claim.
  • It is also advisable to keep a diary during your treatment, focusing on the physical and mental impacts your injuries and treatment had on you.
  • If available, you can request CCTV footage of the accident. You could also get footage from a dash cam or similar device.
  • Photographs of the pothole damage are vital. These should include measurements.
  • Anyone who saw the accident occur could be a potential witness. Be sure to take their contact information so they can provide a statement at a later date.

Helping you gather evidence for your claim is one of the many tasks one of our solicitors could support you with. Once our advisors have decided your potential claim is valid, they could put you in touch with one of our solicitors. A solicitor could support with collecting evidence, as well as ensure your claim is made within the relevant time limit. Get your free assessment today by calling the number given below.

a man sitting holding a bandage to his elbow after a cycling accident caused by a pothole

How Much Compensation Could You Claim For A Pothole Accident?

There are two relevant heads of loss for any given successful claim. Compensation for the pain and suffering caused by your injuries will be awarded under General Damages. You may also be entitled to compensation under Special Damages for costs stemming from your injuries, which we discuss further below.

Calculating a possible compensation figure for your potential claim is something one of our solicitors can help you with. The team assigned this task can make reference to the Judicial College Guidelines (JCG) alongside your medical evidence. The JCG publication contains descriptions of various different injuries with compensation brackets. We have used some of these guideline brackets in our table here.

Compensation Table

Please be advised that the first entry was not taken from the JCG and that this information has been provided for guidance purposes only.

Type of InjurySeverityGuideline Compensation ValueDescription
Multiple Very Severe Injuries As Well Lost Income, Medical Bills And Other Special DamagesVery SevereUp to £1,000,000 and above.The injured person will have suffered multiple very severe injuries and incurred substantial costs such as a loss of earnings, medical bills and other Special Damages.
Injuries Involving ParalysisQuadriplegia (a)£396,140 to £493,000Paralysis of the upper and lower extremities. A typical case where the injured person has a life expectancy of at least 25 years, is experiencing no issues with sight, speech or hearing but requires support with bodily functions will be awarded towards the middle of this bracket.
Injury Resulting From Brain DamageModerately Severe (b)£267,340 to £344,150Very serious disability where the injured person has a substantial dependence on others. Disabilities can be physical, such as paralysis, or cognitive, where there has been a marked impairment of personality and intellect.
BladderDouble Incontinence (a)Up to £224,790Total loss of natural bowel and urinary function resulting in double incontinence with other medical complications.
Chest InjuriesTotal Removal of One Lung and/or Serious Heart Damage (a)£122,850 to £183,190The worst cases of chest injury involve serious heart damage and/or the complete removal of one lung, resulting in permanent scarring and prolonged pain and suffering.
Leg InjuriesSevere (b)(i)£117,460 to £165,860Injuries that fall short of amputation but are of such severity they are awarded at similar levels. For example, an extensive degloving or where fractures have not united and require extensive bone grafting.
Other Arm Injuries Severe (a)£117,360 to £159,770Injuries that do necessitate amputation but are extremely serious and leave the injured person little better off than if the arm had been lost such as a severe brachial plexus injury.
Substantial and Permanent Disablement (b)£47,810 to £73,050Significant fractures of one or both forearms resulting in significant residual disability.
Knee InjuriesSevere (a)(i)£85,100 to £117,410A serious injury where there has been a disruption of the joint, gross ligament damage and the development of osteoarthritis.
Injuries to the ElbowLess Severe (b)£19,100 to £39,070A significant functional impairment but not resulting in significant disability.

Special Damages

As we mentioned at the beginning of this section, the financial losses you incur from your injuries can be compensated under Special Damages. It is often the case that compensation for Special Damages will be greater than General Damages. We have outlined some examples of such costs that could be awarded as part of Special Damages in cycling accident claims here:

  • Lost earnings: Following a cycling accident, you may need time off work to recover from your injuries. In cases where serious injuries have been sustained, your ability to work may be reduced for an extended period. You could claim compensation for this loss of earnings.
  • Care costs: You may require assistance in the home with cleaning, food preparation or other tasks if your injuries mean you cannot carry these duties out safely by yourself.
  • Medical bills: prescriptions, therapy or other out-of-pocket medical costs.
  • Transportation costs: If doctors have advised you not to drive once you are able to return to work, you could claim back the cost of public transport.

Other costs, such as bike repair costs, could make up your compensation payout should your claim succeed. To get a more personalised estimate of the value of your potential claim, contact our advisors today using the contact information given below.

Contact Us To Get Help Making A No Win No Fee Claim

Get in touch with our advisors for a free assessment of your eligibility to begin a cycling pothole claim. If our team assesses your potential claim as valid they could connect you with one of our highly experienced personal injury solicitors.

Our solicitors can offer claimants what’s known as a Conditional Fee Agreement or CFA. When instructing a solicitor to represent you under this type of contract there are some key benefits you will enjoy. The first of which is that there is no upfront fee to pay for the solicitor to begin working on the claim. There will likewise be no fees during the claim itself. Finally, if the claim is unsuccessful, there will be no fee to pay.

However, should your claim be a success, you will receive a personal injury compensation payout. A success fee will be paid to the solicitor as a percentage of this compensation. Because success fees are capped by law, you will get to keep the majority of the compensation you receive. 

To learn more about making a claim following a pothole accident or check your eligibility to claim compensation in your particular circumstances, contact our advisors today using the following contact details:

  • Call an advisor on 0800 073 8804
  • Begin your claim online through our website.
  • Use the live chat feature in the bottom left of your screen

A solicitor sat at their desk completing paperwork for their client's cycling pothole claim

Further Cycling Pothole Claim Resources

You can read some of our other cycling accident claim guides here:

We have also provided these external resources for additional information:

  • THINK! has published this guidance on cycling which you can read on their website.
  • The NHS has released this guidance on applying first aid after an incident.
  • If you are unable to undertake work, you may be entitled to Statutory Sick Pay. Learn more on the Government website.

Thank you for taking the time to read our guide to making a cycling pothole claim. For more information, or to get a free no obligation assessment of your eligibility to start a claim, speak to an advisor today. Our team is available 24 hours a day using the contact information provided above.

A Look At The Evidence Needed For A Data Breach Compensation Claim?

You will find this guide especially useful if you want to know what evidence you need for a data breach compensation claim.

Not all data breaches provide a valid basis for a compensation claim. A claim must show that an organisation, or a third party that processes data on its behalf, acted against data protection law and caused a breach of personal data. Furthermore, you need to prove that the breach caused you psychological damage, financial harm, or both.

In this guide, you will learn about the forms of evidence that can help prove these eligibility criteria and help your case towards a positive outcome.

We conclude by explaining how the claims process works, including evidence-gathering, which can be more straightforward with one of our specialist data breach claim solicitors working on your behalf.

You can call us at any time for 24/7 guidance and support, free of charge. You can also learn if you have a case that a solicitor could support you with on a No Win No Fee basis.

Choose any of these options for free advice on how to claim data breach compensation:

  • Phone us on 0800 073 8804.
  • Write to us about your potential claim online and we’ll call you.
  • Use the live chat tab below to start a conversation.

A black outline of a person and the words 'data breach' in large red letters on a grey background.

Browse Our Guide

  1. What Evidence Do I Need For A Data Breach Compensation Claim?
  2. Proving Your Data Was Involved In The Breach
  3. Evidence Of The Psychological Impact
  4. Evidence Of The Financial Impact
  5. How To Begin A Data Breach Claim On A No Win No Fee Basis
  6. Learn More About What Evidence You Need For A Data Breach Compensation Claim

What Evidence Do I Need For A Data Breach Compensation Claim?

You will likely share personal data with many organisations during day-to-day life. Such data is any information that can be used, either alone or in combination with other information, to identify you.

The organisation responsible for deciding how and why to process information is known as the data controller. They could undertake processing themselves, or instruct a third-party data processor to do it for them.

Data controllers and data processors must follow two pieces of data protection legislation, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).

Evidence for a data breach compensation claim should highlight how a data controller or data processor failed to follow these laws and a personal data breach occurred as a result. To show this, and any harm you suffered as a consequence, you will need the likes of:

  • Recorded contact between you and the organisation involved.
  • Proof of the breach and what was affected.
  • Medical records to highlight emotional distress.
  • Evidence of any financial losses caused by the data breach.

We cover the different types of evidence as the guide progresses. If you have any questions about what evidence you need for a data breach compensation claim, please call our 24/7 helpline at any time.

Proving Your Data Was Involved In The Breach

You need to prove that a personal data breach occurred and affected you directly. The Information Commissioner’s Office (ICO), an independent body protecting personal data rights, defines a data breach as a security incident that affects the availability, confidentiality or integrity of personal data.

An organisation must inform individuals of a data breach that affects their rights and freedoms without undue delay. As a result, you could expect to receive a letter of notification, which might be posted or emailed. This letter can be used as evidence as it will likely discuss what happened, how it came about, what data was affected and the steps they are taking to address the issue.

However, you may not find out this way. You could see on the news that the organisation has suffered a data breach. Alternatively, cybercriminals might try to scam affected individuals, or contact them to demand payment for personal or sensitive information being deleted. You may otherwise learn that your data is being sold on the dark web. Whichever way a data breach comes to your attention, be sure to keep a record as evidence.

If you believe your data has been breached but the organisation has not told you, you can contact them directly.

If you are not satisfied with the response from the organisation, you can report your concerns to the ICO but wait no longer than three months from the last communication with the organisation. The ICO may investigate, but please be aware that they do not pay compensation. The outcome of their report could also be used as proof in a personal data breach claim.

For more information on how to make a data breach claim and what steps you can take to collect evidence, just call the number above today.

An office worker using a landline to report a data security incident.

Evidence Of The Psychological Impact

A data breach can have a serious effect on the impacted person’s mental health. In a personal data breach claim, you could potentially claim compensation for psychological injuries such as:

  • Depression.
  • Acute anxiety or distress.
  • Post-Traumatic Stress Disorder (PTSD).

For example, if your medical records were involved in a data breach, this could affect your mental well-being, knowing that your medical information had been compromised. Personal information relating to your health is also protected by data protection laws; they even go further to add extra protections as this data is considered sensitive information. 

There are two types of damage for which you can claim compensation: Material damage and non-material damage. We will discuss material damage in the next section, but non-material damage is the effect the data breach has had on your mental well-being, as discussed above.  

To claim compensation for non material damage, it is advised to seek medical attention and request a copy of your health records to use as evidence. Furthermore, you can keep a diary of symptoms and ways in which you have been affected.

Evidence Of The Financial Impact

Compensation payouts for data breach claims can account for the ways in which you suffered financially. Material damage is the financial harm you suffer due to the data breach. Some examples include:

  • Your credit rating being damaged due to identity theft. 
  • The cost of medical treatment or counselling, along with expenses for travelling to and from appointments.
  • Fees associated with a forced home relocation if, for example, your personal details were leaked to a stalker.
  • A loss of earnings from being unable to work or having to change jobs.

Any of the above could be possible. For example, if social services breach UK GDPR through a human error and cause an adopted child’s address to become available to their birth family, the adoptive family may be forced to move home.

The evidence you need to prove material damage could include:

  • Bank statements.
  • Other financial records, such as credit card statements or a credit report.
  • Payslips.
  • Invoices or receipts.

It is possible to claim compensation for financial damage, known as material damage, by itself. You can also claim for just psychological harm, or both together.

Call today for free guidance on data breach compensation amounts or to discuss how much compensation you might be able to claim.

How To Begin A Data Breach Claim On A No Win No Fee Basis

Our experienced No Win No Fee solicitors have an in-depth understanding of the data breach claims process. They could apply their knowledge of data breach compensation claims to help you get the outcome you deserve.

As well as helping you collect evidence if instructed, a solicitor can submit proof and argue your case for compensation.

If one of our solicitors takes on your claim, they will offer a Conditional Fee Agreement. This spares you from any upfront or ongoing fees covering the legal representation they provide. As the solicitor works on a No Win No Fee basis, you would not pay for their work if the claim fails.

If you and your solicitor presented sufficient evidence, leading to a successful data breach claim, they would capture a percentage of the compensation awarded to you. This cut is referred to as their success fee.

The Conditional Fee Agreements Order 2013 is important to remember as it sets out a legal restriction on the percentage that can be set aside for a solicitor.

A solicitor sat at a desk with their client. Our solicitors can help explain what evidence you need for a data breach compensation claim.

Contact Us

You can learn more about claiming compensation for data protection breaches or data breach compensation examples by speaking to one of our advisors today. Furthermore, they can assess your potential case. If you have a valid data breach claim, you could be connected to one of our solicitors without delay.

For guidance on what evidence you need for a data breach compensation claim, the No Win No Fee agreement our solicitors offer, and much more, either:

  • Call 0800 073 8804 to access our free helpline.
  • Use our ‘Claim online’ web query form.
  • Select the live support tab at the foot of this page.

Learn More About What Evidence You Need For A Data Breach Compensation Claim

Here are some further data protection claims guides that may be of use:

These resources also contain useful information:

Thank you for reading our guide. If you have any questions about data protection breach compensation, or what evidence you need for a data breach compensation claim, please call today.

Wellbeing Pharmacy Prescription Error Claims Guide

This guide provides useful information about medical negligence claims for prescription errors. We will explain the specific criteria your case must meet to be eligible for a medical negligence claim if a Wellbeing Pharmacy prescription error were to occur and you believe you have suffered unnecessary harm.

We also give some illustrative examples of how dispensing errors could occur within a pharmacy and the various forms of harm this could cause a patient to suffer. Additionally, we include examples of evidence that could be used to help support your case.

Furthermore, this guide will discuss the different forms of compensation you could be awarded for a successful medical negligence claim and the types of harm they address. Lastly, we focus on how one of our medical negligence solicitors could help you with claiming compensation for a medication error on a No Win No Fee basis.

If you have any questions regarding how to make a prescription error claim after finishing this guide, you can get in touch with our team of advisors. They can also assess the eligibility of your case and provide you with free advice. To connect with them today, you can:

  • Call 0800 073 8804
  • Ask about your possible claim online through our web form.
  • Use our live chat feature below to start a conversation.

A pharmacist in a white coat discusses medication with a patient.

Select A Section 

  1. What Could A Wellbeing Pharmacy Prescription Error Be?
  2. Types Of Errors In Dispensing Prescriptions
  3. What Do I Need To Claim If A Pharmacy Gives Me The Wrong Medication?
  4. Compensation For Pharmacy Negligence
  5. Contact Us About A Wellbeing Pharmacy Prescription Error
  6. Learn More About Claiming For Medical Negligence

What Could A Wellbeing Pharmacy Prescription Error Be?

As a medical professional, a pharmacist owes a duty of care to patients. This means that they must adhere to the correct standard of care at all times to ensure patient safety. Additionally, the Standards for Pharmacy Professionals that pharmacists are expected to uphold and maintain to ensure patient and medication safety is set out by the General Pharmaceutical Council (GPC).

Per their duty of care, pharmacists should take care to prevent errors and ensure patients receive the medications prescribed by doctors. Medication errors can significantly impact patients, so following the correct medical practice is vital.

Should a pharmacist fail to provide a patient with the correct standard of care and service, this could cause the patient to suffer harm that could have otherwise been avoided.

In order to make a medical negligence claim for a prescription error, you would have to satisfy the following conditions:

  • A pharmacist owed you a duty of care.
  • They did not meet the correct standard of care and breached their duty.
  • As a direct result of this breach, you suffered harm that could have otherwise been avoided.

You must meet all these criteria to make a medical negligence claim, as these form the legal basis of medical negligence.

Is There A Set Time To Make A Claim?

It’s important to ensure your prescription error claim begins before the legal deadline. The Limitation Act 1980 sets out a three-year time limit for starting a medical negligence claim.

This limitation period may start from when the pharmacy error caused you avoidable harm or from the date you first learned that you suffered unnecessary pain because a pharmacist breached their duty of care. This is also referred to as the date of knowledge.

Exceptions may apply to this time limit in cases involving minors or those lacking the mental capacity to handle their own legal proceedings.

If you would like to discuss these time limit exceptions or to see if you are still within the limitation period to begin your claim, you can contact a member of our advisory team.

A pharamcist confirming a patients prescription.

Types Of Errors In Dispensing Prescriptions

Dispensing errors may happen in different ways. Below, we have listed some examples of how dispensing errors may occur within a pharmacy:

  • A labelling error means the pharmacist mixes up medications and gives them to the wrong patient, meaning the patient receives the wrong drug.
  • A pharmacist puts the incorrect information on the dosage they should take, meaning that the patient suffers an overdose.
  • A calculation error means the patient is given too much medicine.
  • A pharmacist failed to confirm whether you were the correct patient, meaning you received another patient’s medication. This medication contains something you are allergic to.

The Impact Of Prescription Errors

Since drugs can cause certain changes to the body or have specific side effects, taking the wrong dosage or the wrong medication could cause you to suffer various effects.

Some possible effects of a medication error could include:

  • Being unable to feel the intended effects at all, due to getting the wrong dosage. This may allow an existing condition to worsen or a serious illness to spread.
  • Other adverse reactions, such as rashes, due to the side effects of taking the incorrect medication.
  • A severe reaction caused by an allergen, such as anaphylactic shock.
  • An overdose that could inflict serious harm to internal organs.

You can contact a friendly member of our advisory team to learn whether you have an eligible claim if a Wellbeing Pharmacy prescription error takes place that causes you to suffer harm.

What Do I Need To Claim If A Pharmacy Gives Me The Wrong Medication

The first and most important thing to do if you are affected by a pharmacist making a prescription error is to get any medical advice and attention you need. It is important to note that not all cases of medication errors could lead to a medical negligence claim. To be able to prove medical negligence occurred in your case, you will need to present sufficient evidence. This could include:

  • A copy of your prescription form and the container the prescription was given to you in.
  • Your medical records that detail the extent of the harm you suffered following the prescription error and what treatment you needed to receive.
  • A diary of your symptoms and how they have impacted your life.
  • Records that detail the pharmacist that served you, what they gave you and the instructions they provided.
  • The contact details of any witnesses. They could be approached at a later date to provide a statement.

If you choose to work with one, a medical negligence solicitor could help you with gathering evidence to support your claim. To see whether one of our expert solicitors could help you through the claiming process, you can contact our team of advisors. Additionally, they can provide you with further information on the potential steps you could take should a Wellbeing Pharmacy prescription error occur that you believe has caused you to suffer harm.

A pharmacist holds a bottle of pills with a clipboard on the table in front of them.

Compensation For Pharmacy Negligence

If you make a successful medical negligence claim for a prescription error, your compensation could address up to two different forms of loss.

General damages compensate you for the harm you expereinced due to a pharmacist failing to adhere to the correct standard of care. This head of loss is awarded in all successful medical negligence claims.

Those responsible for calculating this compensation may refer to the guideline compensation brackets found in the Judicial College Guidelines (JCG). They may also refer to any medical evidence that has been submitted to consider the extent of your suffering.

Compensation Table 

All entries, except for the top row, have been created using the JCG’s compensation guidelines. Please note that this could be used as an alternative to a medical negligence claims calculator. This is only for guidance.

INJURYSEVERITYCOMPENSATIONNOTES
Multiple Forms Of Severe Harm Plus Costs and LossesVery SevereUp to £250,000+A payout that addresses multiple severe forms of harm suffered. Additionally, compensation is given for financial loss, such as missing out on work earnings, travel costs and medical expenses.
BrainModerately Severe£219,070 to £282,010The impacted person is very seriously disabled and depend on others for care. What degree of dependence is required will affect the level of award, alongside other factors.
KidneyLoss of Both Kidneys£169,400 to £210,400Either two kidneys are lost or they are permanently and seriously damaged.
Loss of One Kidney£30,770 to £44,880The other sustains no damage.
BladderDouble IncontinenceUp to £184,200Double incontinence refers to total loss of natural bowel function and the complete loss of urinary control and function. This will be combined with other medical complications.
Serious Impairment of Control£63,980 to £79,930Control is seriously impaired. The patient also experiences some pain and incontinence.
BowelsTotal Loss of Natural FunctionUp to £150,110Natural function is completely removed. There may be a need for colostomy, depending on the patient's age.
Faecal UrgencyIn the region of £79,920Passive incontinence, alongside faecal urgency, continue post-surgery and cause distress as well as embarrassment.
Digestive SystemIllness/Damage Resulting from Non-Traumatic Injury (i)£38,430 to £52,500Serious acute pain, diarrhoea, fever and vomiting caused by severe toxicosis, leading to days or weeks in hospital.

Special Damages

Payouts for prescription error claims can also include special damages compensation. This head of loss compensates you for the financial implications the medical negligence caused you to experience. You could claim for the likes of:

  • Lost earnings caused by being unable to work.
  • Medical bills, such as paying for a new prescription to replace the incorrect one.
  • Travel expenses to and from medical appointments.

You will need to present evidence of these losses in order to receive compensation for them under special damages as part of your pharmacy claim. This could include payslips, bank statements and invoices.

To learn what else you can claim for, and how much compensation you might be entitled to if you make a successful prescription error claim, please give us a call today.

Contact Us About A Wellbeing Pharmacy Prescription Error

Should a potential Wellbeing Pharmacy prescription error occur and this lead to you suffering what you believe is avoidable harm, you can contact our advisors at any time to see what your legal options could be. They will provide a free case assessment. If they deem your claim to be valid, they may also put you in contact with one of our expert medical negligence solicitors.

Additionally, our solicitors generally offer their services to their clients through a Conditional Fee Agreement. When claiming with a solicitor under this particular No Win No Fee arrangement, you are not expected to pay for their work:

  • Upfront.
  • As the claim goes on.
  • At all if the case fails.

Successful medical negligence claims lead to the claimant collecting compensation. Their solicitor will take a small percentage of this as their success fee. The law legally limits the maximum percentage that can be taken as this fee.

A solicitor helping a client make a valid claim against Wellbeing Pharmacies Limited for a prescription error.

Claim For A Prescription Error Today

To see whether you may be able to claim compensation for the unnecessary harm you have suffered following a prescription error, you can contact our team of advisors. They can assess the eligibility of your case and potentially connect you with one of our No Win No Fee solicitors.

To connect with our team today, you can:

Learn More About Claiming For Medical Negligence

Here are some more medical negligence claims guides by us:

These sites may also contain useful information for you:

Thank you for reading our guide about the options you have should a potential Wellbeing Pharmacy prescription error occur and you believe that this has caused you harm, you can contact our advisory team for further information.

A Guide To The Public Liability Claim Time Limit

This guide provides an in depth overview of the public liability claim time limit. We explain the limitation period for personal injury claims and provide additional details on a number of different circumstances that could affect this.

Where there has been a fatality, the injured person is a child or lacks the sufficient mental capacity to claim; the law grants extensions to the general public liability claims time limit.

At the end of this guide, you will see a section on how starting your potential personal injury claim with one of our highly experienced solicitors can offer you significant protections with a specific type of No Win No Fee contract.

Alarm clocks for public liability claims time limit.

Our advisors are available 24/7 to answer any questions and provide free advice. As well as expert guidance, our team can assess your eligibility to start a public liability claim at absolutely no cost to you. Talk to the team today using the following contact information:

  • Call an advisor on 0800 073 8804.
  • You can also get started with your claim online by completing this form.
  • Alternatively, use the live chat button in the bottom left of your screen. 

Select A Section

  1. What Is The Public Liability Claim Time Limit?
  2. How Long Do You Have To Claim For Injuries To Children?
  3. Can I Claim On Behalf Of Someone With A Reduced Mental Capacity?
  4. How Long Is The Public Liability Claim Time Limit For Fatal Accidents?
  5. Can You Claim If The Limitation Period Has Expired?
  6. How To Start A Public Accident And Injury Claim

What Is The Public Liability Claim Time Limit?

A public liability claim is a type of personal injury claim made against the party, referred to as an occupier, in control of a public place. Occupiers are required to take steps to ensure the reasonable safety of all visitors to their premises as per the Occupiers’ Liability Act 1957. A failure to uphold this duty of care can result in public accidents where a claim could be made.

The Limitation Act 1980 stipulates the time for a number of different types of claims. Per the Act, a public liability claim is subject to a limitation period of 3 years. A failure to begin your public liability compensation claim within this time limit could see your case become time barred. This is when you are unable to make a public liability claim due to the time limit expiring.

hour glass depicting the limitation period.

However, there are exceptions that can apply in some circumstances. The time limit can vary in cases where the injured person is a child, has a reduced medical capacity or where there has been a fatality. We will examine these in more detail in the sections below. 

How Long Do You Have To Claim For Injuries To Children?

Children cannot start a claim in their own right. If a child is injured in a public accident, the public liability claim time limit is frozen until they turn 18. What this means is they will have until their 21st birthday to start a claim.

While the child is a minor, under the age of 18, a suitable adult can apply or be appointed by the Court to act as the child’s Litigation Friend and begin the claim on their behalf. If no claim is made on the child’s behalf by a litigation friend, then when the child turns 18, they will have 3 years to initiate legal proceedings. Learn about making public liability compensation claims on behalf of children by calling the number above and speaking to one of our advisors. 

Can I Claim On Behalf Of Someone With A Reduced Mental Capacity?

Similarly to injured persons who are minors, those with a reduced medical capacity, are unable to claim for themselves. In these cases, the public liability claim time limit is paused indefinitely. Should the injured person recover their capacity, such as in cases of non-permanent brain damage, they will be allowed to claim by themselves and be subject to the standard limitation period of 3 years. The time limit will come into effect from the date of recovery. 

Once again, a litigation friend could be appointed to begin a public liability injury claim on the injured person’s behalf while they have reduced mental capacity and are unable to pursue the claim themselves. Talk to the team today to learn about being a litigation friend or to find out if their potential claim is valid with a free assessment of their eligibility. 

How Long Is The Public Liability Claim Time Limit For Fatal Accidents?

The public liability claim time limit for fatal accidents is still 3 years, although it is applied a little differently. Under the Fatal Accident Act 1976, the dependents of a deceased person can bring forward a claim for the impacts of their loved one’s death. A claim for the deceased’s pain and suffering can only be brought by their estate, as per the Law Reform (Miscellaneous Provisions) Act 1934.

The limitation period is counted either from the date of death, or from the date of knowledge when the cause of death has been determined through an inquest or post mortem. 

Can You Claim If The Limitation Period Has Expired?

In most cases, the answer is no. Once the limitation period has elapsed, a claim cannot be brought for the accident. However, the court may allow a claim to proceed if the deadline has passed.

If the limitation period elapsed due to your solicitor’s actions, you could claim compensation for professional negligence, as their actions caused you to lose the opportunity to pursue your claim.

How To Start A Public Accident And Injury Claim

Contact our advisors for a free assessment of your eligibility to start a claim. If the team decides your claim is valid, and you are within the relevant public liability claim time limit, they could put you in contact with one of our highly experienced personal injury solicitors.

Our solicitors can offer their services under a particular type of No Win No Fee contract called a Conditional Fee Agreement or “CFA.” The CFA offers claimants some key protections such as not having to pay any fees upfront or during the claim itself for the solicitor’s work in the majority of cases. There will also be no fee should the claim fail.

In the event of a successful claim, you will receive a personal injury compensation award. A legally capped percentage of this award will be taken as the solicitor’s success fee, meaning you will keep most of any compensation you receive. 

For more information on the types of public liability accidents you could potentially claim compensation for, read our public liability claims FAQ guide. You can also put any questions that may have arisen when reading this guide to our advisors.

In addition to offering further guidance, our team can assess your eligibility to start a public liability claim at absolutely no cost to you. Talk to the team today about No Win No Fee public liability claims using the following contact information:

  • Call an advisor on 0800 073 8804.
  • You can also get started with your claim online by completing this form.
  • Alternatively, use the live chat button in the bottom left of your screen. 

A solicitor and their client discussing the public liability claim time limit in an office

Further Resources on Public Accident Claims

You can read some more of our guides to public accident claims by following these links:

We have also provided these external resources that you may find helpful:

  • You can access the NHS guidance on first aid on their website.
  • You may be entitled to Statutory Sick Pay following a public accident. Learn more with this government resource.
  • The Health and Safety Executive has provided this guidance for preventing slips and trips on business premises.
  • Public liability insurance information from Gov.UK

Thank you for reading this guide on the public liability claim time limit. You can get additional free advice, or an assessment of your eligibility to claim by speaking to our advisors. The team are available 24 hours a day using the contact details provided above.

Can I Claim If I Fall In The Street And Suffer An Injury?

If you have had a pavement accident in public, you may be wondering, “Can I claim if I fall in the street?”. By reading this guide, you can find out what duty of care a third party owes to you to prevent accidents in the street and whether you are eligible to claim compensation for your injuries. We also discuss how a fall accident might happen due to a breached duty of care. 

Then, we tell you what pieces of evidence you could collect to prove a public liability claim and how compensation for a fall injury is calculated. 

To end this guide, we explain what No Win No Fee agreements are and how a specialist personal injury solicitor can help you if you are eligible to make a pavement accident claim. 

Our team can confirm whether you are eligible to claim compensation. By contacting our advisors, you can discuss your case for free and if it’s found your case is eligible, an advisor can connect you with one of our expert solicitors.

To reach out, you can:

A lifted pavement slab raised above the rest of the pavement.

Jump To A Section

  1. Can I Claim If I Fall In The Street?
  2. Causes Of Falling In The Street
  3. How To Prove Public Accident Claims
  4. What Compensation Can I Claim If I Fall In The Street?
  5. Start Your No Win No Fee Claim For A Fall In The Street
  6. Get Further Advice On Public Accident Claims

Can I Claim If I Fall In The Street?

The Occupiers’ Liability Act 1957 states that all occupiers (those who have control of a public space) owe a duty of care to all public members while they are using the space for its intended purpose. To adhere to this duty, occupiers must take steps to ensure the public is reasonably safe while on their premises. Such steps include removing any hazards and implementing health and safety procedures where hazards cannot be removed. 

Local councils and authorities often control local highways such as streets, roads, and pavements. However, other third parties could also be liable if a fall accident happens in the street. If the party who owes you a duty of care breaches this duty, they could be liable for the accident. As such, who you make your claim against depends on who is liable. 

You may be able to make a public liability claim after falling in the street if you can prove that third-party negligence occurred. Third-party negligence is when:

  1. A third party owed you a duty of care. 
  2. This duty was breached. 
  3. You were injured due to this breach. 

The above make up the criteria for eligible personal injury claims. To discuss the question ‘Can I claim if I fall in the street?’ and find out whether your case meets the above criteria, get in touch on the number above.

Time Limits On Public Accident Claims

The Limitation Act 1980 states that the general time limit to make a personal injury claim is 3 years, generally commencing from the day the accident happened. 

However, if the claimant is younger than 18 years old or does not have the mental capacity to be able to make a claim, then this general time limit is paused. While the time limit is paused, the courts can assign a litigation friend to start legal proceedings for the claimant.

If a litigation friend has not started a claim for the claimant, the time limit will start from the claimant’s 18th birthday, in child cases. In cases where the claimant has a reduced mental capacity, the time limit will start from the date of recovery.

If you contact us, our team can provide more information about whether your potential pavement accident claim is within the limitation period. 

Causes Of Falling In The Street

Here are some possible causes of how someone could suffer a fall injury in the street due to a third party breaching their duty of care:

  • An accident could be caused by poor or inadequate lighting caused by broken street lights that have been reported but not repaired in a timely manner. This could result in a member of the public losing their footing and sustaining a broken ankle from a fall.
  • There could be a failure by construction workers doing maintenance checks on the water pipes to put a drain cover back on after work is completed. As a result, a member of the public falls and sustains a broken leg and head injury.
  • A pavement accident could occur if loose slabs are reported to the local council but no steps are taken to fix the hazard. This could cause someone to sustain a wrist injury and neck injury.

A slip, trip and fall accident may not always be grounds to start a personal injury claim. You must prove that a third party breached their duty of care and caused you to sustain an injury.

To discuss your specific case and find out if you could claim for a fall injury, please get in touch using the number above.

A birds-eye shot of a cover left off a manhole drain.

How To Prove Public Accident Claims

Having proof that a third party breached their duty of care and how you were injured from this is essential in pavement accident claims. Some examples of useful types of evidence you could gather include:

  • CCTV footage of the accident taking place. 
  • Photographs of the cause of the accident and your visible injuries. 
  • A record of your symptoms and medical treatment in a diary. 
  • Copies of your medical notes, records, and any scan images that provide details on your injuries.
  • Contact details of potential witnesses. These can be used to collect witness statements later on in the claims process.

If you have an eligible public liability claim and would like help collecting as much evidence as you can, one of our solicitors could assist. They have experience handling claims for falls in the street and can ensure your case is brought forward within the correct time frame. 

To find out more about the services they can offer and whether you’re eligible to instruct them to represent you, call our team on the number above. They can assess your case and answer the question ‘Can I claim if I fall in the street?’ and may connect you with an expert solicitor if you have valid grounds to pursue compensation.

What Compensation Can I Claim If I Fall In The Street?

In addition to wondering whether you can claim if you fall in the street, you might also be interested in how much compensation could be awarded for your injuries.

If your public liability claim is successful, your personal injury compensation payout could possibly be divided into two heads of claim. These are known as general and special damages.

All successful claims are awarded general damages. General damages are compensation for the pain and suffering you have experienced due to your physical and/or psychological injuries. As such, some of the factors that will be taken into consideration when calculating the value of this head are:

  • How severe the pain and your injury is. 
  • Whether your quality of life has changed. 
  • How long the recovery period will be. 
  • The treatment required.

A medical report produced from an independent medical assessment that you might need to attend as part of the claims process can be used when valuing general damages. The report can be used alongside guidelines from the Judicial College which list award brackets for different types of injuries. 

Injuries Table

We have included some injuries, that could be suffered following a fall accident, with their guideline compensation amounts from the JCG. Only the first row is not from the JCG. 

However, please do not use these figures as a guarantee for how much compensation you could receive. Since every claim is unique, these figures are only a guide and not a reflection of what you could get for a successful claim.

InjurySeverityGuideline compensation valuesNotes
Multiple serious injuries with special damagesSeriousUp to £500,000+Compensation for sustaining more than one serious injury along with their financial effects, such as having to pay medical bills, travel costs, and for losing wages.
Brain damageModerate (c) (i)£150,110 to £219,070The person's intellectual deficit and personality change will be moderate to severe. There will also be no prospect of them working again.
Moderate (c) (ii)£90,720 to £150,110The person's intellectual deficit will be modest. If not removed, their ability to work will also be greatly reduced.
NeckSevere (a) (ii)£65,740 to £130,930Serious fractures or disc damage that gives rise to considerably serious disabilities, such as substantial loss of neck movement and function loss in one or more limbs.
Severe (a) (iii)£45,470 to £55,990Severe soft-tissue damage that causes chronic conditions and permanent disabilities of a significant nature.
LegSevere (b) (ii)£54,830 to £87,890There will be permanent problems with mobility where the person will need mobility aid for the rest of their life. These issues are caused by very serious injuries.
Severe (b) (iii)£39,200 to £54,830Serious compound fractures that lead to instability, prolonged treatment, and extensive scarring.
ArmPermanent and substantial disablement (b)£39,170 to £59,860Where one of both forearms have serious fractures that lead to permanent functional or cosmetic residual disability.
Simple fractures (d)£6,610 to £19,200Of the forearm.

Special Damages In Public Accident Claims

Only some successful claims are awarded special damages. Special damages are compensation for the past and future expenses you have incurred due to your injuries. For example:

  • If you have lost earnings because your injuries have caused you to take time off work.
  • The travel costs of attending medical appointments.
  • Medical bills, such as requiring private healthcare or paying for prescriptions. 

Since special damages are not always awarded, keeping proof of the money you have lost due to occupier negligence is essential. This evidence can be in the form of receipts, payslips, bank statements, and invoices. 

You can learn more about how much could be awarded in successful pavement accident compensation claims by having a chat with our team. 

Start Your No Win No Fee Claim For A Fall In The Street

If you have an eligible personal injury claim after falling in the street, you could be connected with a specialist public liability solicitor. Our solicitors offer their claimants a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract.

If you are represented under a CFA, you will not be charged for your solicitor’s services before or throughout the claims process or if your claim isn’t successful. 

Instead, if your claim is successful, then your solicitor can deduct a small percentage from your compensation known as the success fee. The maximum percentage that can be taken as the success fee is capped by law to ensure that the majority of compensation goes to you. 

Talk To Our Team About A Claim If you Fall In The Street

Talk to our team today about your fall injury and how it happened. They might be able to connect you with one of our No Win No Fee solicitors who can support throughout the whole claiming process. So, for a free consultation of your potential case, please get in touch via the details below:

A stack of law books on an oak table (two books on the left, three books on the right) to represent personal injury law.

Get Further Advice On Public Accident Claims

Here are some of our related guides:

  • Find out what the pavement trip hazard height is in the UK and when you can claim compensation for a public place accident on the pavement.
  • Learn how to make a personal injury claim due to a pothole accident that caused you harm.
  • Discover how to best prove liability in a slip and fall claim and whether you could be eligible to claim against the local authority/local council or another third party.

Alternatively, these other pages might be of use:

Hopefully, this guide has answered the question, “Can I claim if I fall in the street?”. Please do not hesitate to get in touch with us if you need any other information.

Find Out If You Can Claim For An Injury Due To No Eye Protection At Work

In this guide, we discuss when you could be eligible to claim for an injury due to no eye protection at work. Employers must provide personal protective equipment (PPE), such as goggles, to minimise the risk of injury where the risk cannot be completely removed. Failure to do so is a breach of their duty of care and if this leads to an injury, you could be eligible to claim personal injury compensation.

As we move through our guide, we look at the eligibility criteria that need to be met for you to have valid grounds to pursue compensation, the evidence you could gather to support your case, and how accident at work compensation payouts are calculated in successful eye injury claims.

Furthermore, we discuss the duty of care your employer owes and the legislation they need to adhere to. We also provide examples of how they could breach this duty of care leading to you suffering an eye injury in the workplace.

Finally, we look at how a No Win No Fee solicitor could assist you with claiming compensation without requiring an upfront or ongoing fee for their services.

If you have any other questions about accident at work claims, please contact an advisor using the details provided below:

Different types of personal protective equipment, such as eye protection, a hard hat, and gloves.

Select A Section

  1. How To Claim For An Injury Due To No Eye Protection At Work
  2. How Could No Eye Protection At Work Cause An Eye Injury?
  3. Evidence Supporting Workplace Injury Claims
  4. How Much Can You Claim For An Eye Injury At Work?
  5. How No Win No Fee Solicitors Could Help You Claim For An Injury Due To No Eye Protection At Work
  6. Discover More About Claiming For Workplace Injuries

How To Claim For An Injury Due To No Eye Protection At Work

Employers owe a duty of care to take reasonable and practicable steps to prevent you from becoming harmed in the workplace and as you carry out your work-related duties. This duty is laid out in the Health and Safety at Work etc. Act 1974. Some ways they can uphold this duty include:

  • Providing adequate training to employees
  • Carrying out regular risk assessments and addressing any hazards they become aware of

Furthermore, Regulation 4 of the Personal Protective Equipment at Work Regulations 1992 places a duty on employers to ensure that suitable personal protective equipment (PPE) is provided to employees whose health and safety may be at risk while they work. However, PPE is intended as a last resort. As such, if the risk has been adequately controlled through other means that are equally or more effective, an employer may not be required to provide PPE. This means that if your employer provided no eye protection at work, it may not always mean you’re eligible to claim compensation.

In order to claim compensation for an eye injury at work, you need to prove the following:

  • You were owed a duty of care by your employer at the time and place of the accident.
  • This duty was breached.
  • You sustained an injury as a result.

You could make a personal injury claim for minor eye injuries to injuries that cause a loss of sight. To find out if you have an eligible claim for workplace eye injuries, simply call our team for free advice.

 Time Limits For Personal Injury Claims

In addition to meeting the eligibility requirements above, you also need to start your claim within the relevant time limits for personal injury claims. As per the Limitation Act 1980, you generally have three years from the date of the accident to start legal proceedings.

There are some exceptions that could apply, such as if the injured person is under the age of 18 or if the claimant has a reduced mental capacity. You can learn more about these exceptions by calling an advisor on the number above. They can also answer any other questions about accident at work claims that you have.

How Could No Eye Protection At Work Cause An Eye Injury?

If no eye protection at work is provided when it’s necessary to minimise the risk of injury, it could lead to you becoming harmed. For example:

  • You could suffer a chemical burn around the eye or complete loss of vision due to hazardous chemicals splashing into your eyes.
  • You could suffer a corneal abrasion, which is a small scratch on the surface of the eye, causing temporary loss of sight in one eye due to sawdust getting in your eyes on a construction site.
  • You could lose one eye due to a penetrating injury caused by glass or other particles being flung around when using power tools.

As mentioned, in order to claim for an eye injury at work after you weren’t provided PPE, you need to prove the injury happened because your employer breached their duty of care.

To discuss your specific case and learn if you are eligible to make a compensation claim, call an advisor at the number above.

A construction worker with a bandage over their eye.

Evidence Supporting Workplace Injury Claims

In order to prove your workplace injury claim, you should collect as much evidence as possible to prove employer negligence occurred. Evidence can also help demonstrate how your eye injury has affected you.

Examples of the evidence you could gather include:

  • CCTV footage of the accident taking place or photographs of the accident scene and injury.
  • A copy of the incident report from the accident at work book, if applicable.
  • A diary of your treatment and symptoms. This can be particularly important to illustrate your physical and mental state after the accident.
  • Copies of your medical records, such as scans and test results as well as doctor reports to show any medical treatment you received and the diagnosis given.
  • The contact details of any witnesses. During the claims process, any potential witnesses could be asked to give an account of how the accident occurred.

If you’re eligible, you could instruct a personal injury solicitor to represent you. They can help you gather evidence to support your case and ensure your claim is brought forward within the correct time limit.

To find out whether one of our accident at work solicitors could help you claim for an injury due to no eye protection at work, call our team on the number above.

How Much Can You Claim For An Eye Injury At Work?

After a successful eye injury claim, you could be awarded a payout comprising up to two heads of loss. The first is called general damages, which compensates for physical pain, functional or cosmetic disability and mental suffering. Compensation can be sought for a physical and/or psychological injury. 

When valuing general damages, reference can be made to the guideline compensation brackets listed in the Judicial College Guidelines (JCG). This document can be referred to alongside any medical evidence provided in support of your case.

The table below contains figures from the JCG that correspond to different types of injuries. Please note, the top entry is not from the JCG. You should also only use these figures as a guide because settlements can vary depending on the unique circumstances of your case.

Injury TypeSeverityNotesCompensation Brackets - Guidelines
Multiple Serious Injuries with Financial LossSeriousA payout addressing the pain and suffering of multiple serious injuries alongside monetary damage caused, such as lost income, medical bills, and care costs.Up to £1,000,000+
EyeComplete BlindnessTotal loss of sight in both eyes.In the region of
£268,720
Sight Loss in One Eye with Reduced Vision in the Remaining Eye (i)Serious risk of further deterioration in the remaining eye. This goes beyond some risk of sympathetic ophthalmia. £95,990 to £179,770
Sight Loss in One Eye with Reduced Vision in the Remaining Eye (ii)Reduced vision in the remaining eye with or without additional problems, like double vision.£63,950 to £105,990
Loss of One EyeThe award given will depend on age, psychiatric impact, and cosmetic effect.£54,830 to £65,710
Loss of Sight in One EyeThe award will take some risk of sympathetic ophthalmia into account. £49,270 to £54,830
Serious but Incomplete Loss of Vision in One EyeThere is no significant risk of loss of or reduced vision in the remaining eye. £23,680 to £39,340
Minor but Permanent Vision Impairment in One or Both EyesCases may include some double vision which isn't constant.£9,110 to £20,980
MinorMinor eye injuries, such as being struck in the eye or being splashed with liquids. There is initial pain and some vision interference but this is temporary.£3,950 to £8,730

Examples Of What Special Damages Could Be Awarded For

You could also be awarded compensation for any financial losses incurred due to your injuries under special damages. This is the second head of loss that could make up your overall settlement. Examples of the costs you could claim back include:

  •  Loss of earnings for time taken off work
  • Travel costs
  • Care costs
  • Medical expenses

You need to provide evidence of these losses in order to claim them back. As such, you should keep hold of any receipts, payslips, and invoices.

For further guidance on how much compensation you could potentially be awarded following a successful accident at work claim, call our team on the number above.

How No Win No Fee Solicitors Could Help You Claim For An Injury Due To No Eye Protection At Work

If you get in touch with our team, they can assess your case for free and if they find you have a valid claim, they may be able to connect you with one of our experienced accident at work solicitors. Our solicitors can represent you under No Win No Fee terms. This means they can offer a Conditional Fee Agreement which allows you to access their services without having to pay upfront or as your claim proceeds. Additionally, if your claim fails, you won’t pay for their services.

If your claim succeeds, you will pay your solicitor a success fee from your compensation. This success fee is deducted as a percentage which has a legal cap. The cap allows you to keep the majority of your awarded settlement.

Discuss Your Case With An Expert

For further guidance on starting a claim for an injury due to no eye protection at work, please contact our team for free legal advice. They are available 24/7 to answer your questions. To reach out, you can:

A solicitor handling a claim for an injury due to no eye protection at work.

Discover More About Claiming For Workplace Injuries

Below, we have provided some more of our helpful workplace accident claims guides:

Additionally, we have provided some external resources: 

Thank you for reading our guide on when you could claim for an injury due to no eye protection at work. If you have any other questions, call an advisor using the details provided above.