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.

Can I Claim For A Magistrates’ Court Data Breach?

This guide explains when and how you can claim for a magistrates’ court data breach. Firstly, we cover the data protection legislation that sets out the court’s legal responsibility to keep your personal data safe. Additionally, we explain the eligibility requirements for starting a compensation claim.

Continuing through the guide, you can get an idea of the personal data a magistrates’ court may be responsible for processing. We also look at how to prove that a court was responsible for a breach that caused you financial damage, emotional harm, or both.

Furthermore, we use guideline figures to give an illustration of what a data protection claim payout could look like. Read to the end of the guide to learn how our expert solicitors help clients seek compensation on a No Win No Fee basis.

If you’d like to know more about claiming compensation, or whether you have the right to start a data breach claim, contact us now for free and helpful guidance. Our 24/7 service is available when you either:

  • Phone our free helpline on 0800 073 8804.
  • Ask about making a claim online and leaving us some contact details.
  • Open the live support tab at the bottom of the page.

A close up of a gavel, statue, and scales with a court blurred out in the background.

Select A Section

  1. How To Claim For A Magistrates’ Court Data Breach
  2. Types Of Personal Data Handled By Courts
  3. How To Prove A Magistrates’ Court Breached Your Data
  4. What Could You Claim For A Court Data Breach?
  5. Can A No Win No Fee Solicitor Help With Magistrates’ Court Data Breach Claims?
  6. Learn More About Data Breach Claims

How To Claim For A Magistrates’ Court Data Breach

The term ‘personal data’ refers to information that can be used to identify a person, either by itself or alongside another piece of information. Up to three parties can be involved when data is processed:

  • Data subjects, who the data relates to or can be used to identify.
  • Data controllers, who decide how and when data is processed. In the context of a magistrates’ court data breach claim, the court is the data controller.
  • Data processors. A data controller can process the data itself, but it might instruct a third-party data processor to do it for them.

A data controller or processor must uphold two major pieces of data protection law: the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).

Regardless of the capacity in which you appear in a magistrates’ court, the court has a legal obligation to safeguard against personal data breaches that could affect you.

According to the Information Commissioner’s Office (ICO), a personal data breach is a security incident affecting the confidentiality, integrity or availability of a person’s personal data.

As an affected data subject, you could make a data breach compensation claim if you can show that:

  • A data controller or processor’s failure to adhere to the law led to a data breach or allowed a breach to occur.
  • Your personal data was affected by the breach.
  • You suffered psychologically, financially or both as a direct result.

You can learn more about starting legal action, including the time limit for submitting data breach cases, by calling our free helpline today.

Types Of Personal Data Handled By Courts

The magistrates’ court is the starting point for criminal cases. The court will refer the more serious cases to the Crown Court and handle minor or ‘either way’ offences, ranging from minor criminal damage to burglary. As a result, the court could process personal data related to defendants, lawyers, witnesses or others involved in a case, such as a jury panel.

Personal data that a magistrates’ court might hold includes your:

  • Name.
  • Date of birth.
  • Phone number.
  • Home address.
  • Email address.
  • Bank account information.

They may also have access to special category data, which is especially sensitive and requires extra protection. This can include data revealing or concerning your:

  • Racial or ethnic background.
  • Religious or philosophical beliefs.
  • Biometric data, where used for identification purposes.
  • Health.
  • Sexual orientation.

Criminal offence data should also be afforded extra protection. This is the personal data of offenders or suspected offenders in relation to criminal activity, allegations, investigations, and proceedings. 

Numerous people within the court may have access to this information as part of the legal process. If data protection laws aren’t adhered, a data protection breach could occur. However, to claim for a magistrates’ court breach, you need to prove wrongful conduct resulted in a breach of your personal data and caused you to suffer emotional harm and/or financial damage.

For example, if the court got your address wrong and sent a summons to the wrong postage address, your private information would be available to an unauthorised person, which could lead to significant distress.

Alternatively, leaving documents unattended during a court case and allowing someone to steal sensitive data could come at a serious cost to your mental health and finances.

Call our free helpline for further information on data breach claims and whether you have the right to claim for a magistrates’ court data breach.

The corner of a white keyboard with a green space key showing an envelope and the words 'data breach'.

How To Prove A Magistrates’ Court Breached Your Data

All breach of data protection claims rely on relevant evidence. Such claims must show clearly that the data controller or processor acted wrongfully, and that there is a direct path linking a data breach to the claimant’s suffering.

The court may provide evidence by sending a letter of notification. Data controllers are obliged to tell affected data subjects if a data breach incident occurred that puts their rights and freedoms at risk.

This should happen without undue delay, but you can contact the court directly if you believe a data breach has occurred and you haven’t been notified. Keep a record of all contact as supporting evidence for your claim.

In qualifying cases, the organisation responsible for processing data also has to notify the ICO. Again, you could proactively inform the ICO if they are not already aware, and their findings could add to your evidence.

Furthermore, you should collect any documents that highlight how the data breach affected you. A psychiatrist’s report can outline any psychological injury suffered, while bank or credit card statements are examples of proof of financial loss. This may influence how the value of your data breach claim is calculated, as we cover in the next section.

You can get further relevant information about data breach claim evidence, plus how an experienced data breach solicitor could help you gather proof to aid your case, by calling us today.

What Could You Claim For A Court Data Breach?

A data breach can have a significant impact, in multiple ways. Therefore, it is possible for a claim payout to include compensation for two different forms of damage. You can seek compensation for both, or just one. They are non-material and material damage, both of which we explain below.

The term ‘non-material damage’ refers to psychological damage caused or made worse by a data breach. For example, someone’s personal data being lost could lead to the likes of:

  • Anxiety.
  • Stress.
  • Depression.
  • Post-Traumatic Stress Disorder (PTSD).

A number of factors determine how much compensation you would receive in a successful claim for a magistrates’ court data breach, including the extent of the mental injury and how much it affects your life.

We have used the Judicial College Guidelines (JCG) to make the table you can see below. The JCG is a document made up of guideline compensation brackets sometimes used as guidance for non-material damage calculations.

Compensation Table

The top line of this table is not from the JCG. Also, please remember that the table is only a guide.

MENTAL INJURYSEVERITYCOMPENSATION GUIDELINESNOTES
Severe Psychiatric Harm Plus Substantial Financial DamageSevereUp to £500,000+A payout addressing non-material and material damage. Compensation accounts for severe psychological injuries and substantial financial losses such as relocation costs and counselling fees.
General Psychological InjurySevere£66,920 to £141,240Factors contributing to the payout include how the affected person handles life, education, work and relationships. In severe cases, there are marked problems and the prognosis is very poor.
Moderately Severe£23,270 to £66,920While there are issues with the factors noted in severe cases, the overall prognosis is much more optimistic.
Moderate£7,150 to £23,270There is a good prognosis and improvement made by the affected person.
Less Severe£1,880 to £7,150The award given will depend on how long the person was affected and to what extent.
Post-Traumatic Stress DisorderSevere£73,050 to £122,850Effects are permanent and restrict the injured person from working at all, or at least to pre-trauma levels. It affects all aspects of life.
Moderately Severe£28,250 to £73,050Professional help allows for some recovery and better prognosis than those severely affected. However, significant disability is still likely.
Moderate£9,980 to £28,250The affected person largely recovers and does not experience grossly disabling ongoing effects.
Less Severe£4,820 to £9,980A mostly full recovery is made within a couple of years and only minor issues persist for longer.

What Is Material Damage?

When a claimant’s data is compromised, they may end up facing unavoidable and likely irrecoverable costs as a result. With that in mind, it is possible to seek compensation for material damage, meaning the financial harm inflicted after a personal data breach. You could seek material damage compensation if you lost money due to, for example:

  • Being unable to work because of the effects of a breach.
  • Having to move home or job.
  • Paying for costs associated with mental health treatment.

As well as the bank or credit card statements we discussed earlier, other forms of relevant evidence could include rent statements, payslips or invoices. Keep hold of any documents that could help prove the extent of material damage.

Can A No Win No Fee Solicitor Help With Magistrates’ Court Data Breach Claims? 

You could benefit from the expert services of one of our data breach solicitors if you have a valid claim and want support throughout the claims process.

Having a specialist solicitor represent you can make all the difference to a claim and ensures that every important step of the process is handled with professional care.

Our solicitors offer a Conditional Fee Agreement (CFA), which is a type of No Win No Fee deal. This means that you do not have to pay for their work if the case loses. Another benefit of a CFA is that there are no upfront or running solicitor fees.

If your claim for a magistrates’ court data breach is successful, you would receive compensation. A small percentage of the payout would go to the solicitor as their success fee. However, a legal cap set out by The Conditional Fee Agreements Order 2013 ensures the percentage set aside for the solicitor is minor.

A solicitor working on a claim for a magistrates' court data breach.

Contact Us

Our advisors are available all day, every day. They can not only answer your questions as part of a free consultation, but also evaluate whether you have reasonable grounds to seek compensation.

Although there is no obligation to claim even if you have a case, an advisor can easily connect you to a trained data breach solicitor if you want to explore your options.

Whether you want advice after your data was breached, or you’re seeking guidance on getting a claim started, we can help.

It’s easy to reach us and our advisors are ready to help you, so either:

  • Call 0800 073 8804.
  • Write to us about your potential claim online so we can get back to you.
  • Send us a message using the live chat feature below.

Learn More About Data Breach Claims

We hope our guide has helped you. For even more data breach guidance, check out the below articles:

These resources could also prove helpful:

Call our free helpline today for further support or to ask whether you can start your claim for a magistrates’ court data breach.

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.

A Guide To Claiming Special Damages In Cycling Accident Claims

If you have been involved in a road traffic accident as a cyclist that was another road user’s fault, you might be wondering whether you can claim special damages in cycling accident claims. Special damages is the head of claim that compensates you for the financial losses that the accident and your subsequent injuries have caused you.

In order to claim, special damages, you must first have an eligible personal injury claim. We start this guide by explaining when someone could have a valid cycling accident claim. Then, we delve into what is categorised under special damages and what losses you could potentially claim compensation for under this head of loss.

The penultimate section of this guide looks at the benefits of claiming with one of our specialist solicitors with a No Win No Fee agreement in place. Our solicitors have years of experience in representing claims for cycling accidents. They can give you free legal advice and support throughout the bicycle accident claims process. To see whether you can be connected with one of our solicitors, please get in touch with our advisors and have a chat about your circumstances. All of our contact options are free of charge and live 24/7:

A bicycle underneath the driver's side wheel of a blue car on the road.

Jump To A Section

  1. Special Damages In Cycling Accident Claims
  2. Medical Bills And Treatment Costs
  3. Lost Wages, Income, Benefits And Earning Capacity
  4. Property Damage Compensation
  5. How To Claim Special Damages In Cycling Accident Claims On A No Win No Fee Basis
  6. Learn More About Claiming Special Damages

Special Damages In Cycling Accident Claims

If you have been injured in a road traffic accident as a cyclist, you may be able to receive compensation for the financial losses your injuries have caused you to suffer under special damages. However, to be eligible to receive special damages, you must have a valid bicycle accident claim.

Every road user owes a duty of care to one another. This includes drivers, cyclists, and pedestrians. This duty of care requires road users to use the roads responsibly and safely to reduce the chance of themselves or another road user becoming injured. As part of their duty of care, all road users should adhere to the regulations in the Road Traffic Act 1988 and the specific rules set out for them within The Highway Code.

If you were to be involved in a road traffic accident as a cyclist, this could cause you to suffer from minor to very serious injuries. For example, cyclists could suffer head injuries if they were to be hit by a car that was not paying attention to the road due to being distracted by their phone.

So, if you were involved in a cycling accident, you must meet and prove this eligibility criteria if you wish to claim compensation:

  1. You were owed a duty of care by another road user.
  2. They breached their duty of care.
  3. Due to this breach, you suffered harm.

Special Damages vs. General Damages

Special damages and general damages are the two heads of claim that could make up the compensation amount for successful cycle accident claims.

Firstly, special damages compensate for the past and future monetary losses you have incurred due to the injuries you suffered in the cycling accident.

On the other hand, general damages compensate for the physical and psychological injuries you have sustained in your cycling accident.

While general damages will always be awarded for successful bicycle accident claims, special damages will only be awarded occasionally. This is why if you wish to receive a special damages payout, you must gather evidence to show your out-of-pocket expenses. Evidence can include payslips, invoices, bank statements, and receipts.

Get in touch with our team to learn more about how much compensation can be awarded for general damages and special damages in cycling accident claims. You can also continue reading this guide for examples of monetary losses which you could potentially claim compensation for under special damages.

A red gavel on top of money notes spread out in a fan shape on a brown oak table to represent personal injury compensation.

Medical Bills And Treatment Costs

Medical expenses could be claimed under special damages in cycling accident claims. However, as aforementioned, you will need to demonstrate that these medical expenses directly resulted from your injuries.

Some examples of medical expenses you could claim compensation for include:

  • The cost of medication such as painkillers and prescriptions.
  • Physiotherapy costs.
  • Care costs if at-home or other care is needed.
  • Medical expenses if you are treated under private healthcare.
  • Travel costs of getting to and from medical appointments.

If you have any questions about special damages that could be claimed within bicycle accident claims, you can contact a friendly member of our advisory team.

Lost Wages, Income, Benefits And Earning Capacity

 

If you have been unable to go to work because of injuries sustained in a cyclist accident, you could claim compensation under special damages for any wages, income, and other workplace benefits you have lost.

You could also receive compensation for a future loss of earnings. For example, the nature of your injuries may mean that you are unable to return to work or have to take on a new position that pays you less than your previous role because you are unable to perform those particular work duties anymore. These future lost earnings could be taken into account when claiming compensation.

To see how much compensation you could possibly be awarded for a loss of earnings, don’t hesitate to speak with our team. They can also help answer any questions you may have about the bicycle accident compensation claims process.

A cyclist lay sideways on the road behind their bike with a bleeding knee following an accident.

Property Damage Compensation

You could receive a payout under special damages for any damage to your bicycle or other personal property if the damage occurred as a result of the accident. For example, if your bicycle needs repairs and if your protective gear needs replacing.

It is important to note, however, that the aim of special damages is to restore your financial position to what it originally was before the accident. For example, you cannot expect to receive the costs of a brand-new bicycle if the one that was damaged was old and second-hand.

Because of this, some items might need valuating for a fair payout to be decided if you are claiming property damage compensation.

To find out more about special damages in cycling accident claims and what you could possibly be entitled to following a bicycle accident that was another road user’s fault, contact us today.

How To Claim Special Damages In Cycling Accident Claims On A No Win No Fee Basis

After discussing the eligibility of your cycling accident compensation claim with one of our advisors, they may then put you in contact with a personal injury solicitor.

Our team of specialist solicitors have years of experience helping clients claim general and special damages in cycling accident claims. Additionally, they usually offer to represent their clients on a No Win No Fee basis by offering them a Conditional Fee Agreement (CFA).

When claiming with a solicitor under this arrangement, you do not have to pay for your solicitor’s services upfront. You also do not need to pay them for their ongoing work while the claim is processing. If the claim fails, you will not need to pay them for the services they have provided.

Instead, a success fee will be taken from you if you have a successful claim. Success fees are a percentage of your compensation that your solicitor deducts. However, the maximum percentage that solicitors can take is legally capped, so you are guaranteed to receive the majority amount.

Talk To Our Specialist Team Today

Have a chat with our team of advisors today if you have suffered harm as a cyclist to see whether you may be eligible to make a personal injury claim. Our team can tell you more about how to receive general damages and special damages in cycling accident claims. They can also inform you whether one of our No Win No Fee solicitors could help you withing claiming compensation. Contact our team today via one of the following methods:

A client asking a solicitor about claiming special damages in cycling accident claims.

Learn More About Claiming Special Damages

Browse some of our similar guides:

Additional external links you may find helpful:

  • Gov.UK – learn whether you could receive Statutory Sick Pay (SSP) for needing time off work following your road traffic accident.
  • NHS – information on how to view your GP health record to help prove how you have been harmed from an accident that wasn’t your fault.
  • THINK! – a road safety campaign that has advice about cycle safety.

Thank you for taking the time to read our guide today about claiming special damages in cycling accident claims. If you were in a bicycle accident and have any questions at all about a potential claim, please don’t hesitate to contact us today.

How To Make Catering Food Poisoning Claims

When eating food from a catering provider, whether that be at an event, for example, the provider has a responsibility with regard to your health and safety. If you suffer food poisoning because they failed to uphold their duties, you may be entitled to claim compensation. This guide looks at when catering food poisoning claims can be made and how we can help you through the claims process when you seek compensation.

Firstly, we discuss what legislation is in place to prevent food poisoning from occurring and what criteria you must meet to be eligible to begin a catering food poisoning compensation claim. 

Then, we look at some common causes of food poisoning and how a negligent catering provider could be responsible. After this, we list some key evidence that can prove compensation claims. 

Furthermore, we discuss how compensation for personal injury claims is calculated and what the benefits are of claiming compensation with a solicitor under a No Win No Fee contract. 

For more information on whether you have a valid personal injury claim after eating contaminated food, don’t hesitate to speak with our advisors. They can offer free legal advice 24/7. To reach them, you can:

Torso shot of a waitress wearing a black t-shirt carrying a plate of food in each hand.

Select A Section 

  1. When Could You Make Catering Food Poisoning Claims?
  2. Common Causes Of Food Poisoning
  3. How Do You Prove A Catering Food Poisoning Claim?
  4. Examples Of Payouts For Food Poisoning Claims
  5. How We Can Help With Catering Food Poisoning Claims
  6. Further Information On Personal Injury Claims

When Could You Make Catering Food Poisoning Claims?

The Food Safety Act 1990 provides the framework for all food legislation in England, Scotland and Wales. It sets out the main responsibilities for food businesses covered by the Act. This includes ensuring that businesses don’t include anything in or remove anything from food or treat food in a way that means it will damage the health of the people eating it. Their duty of care applies during all food preparation, food handling and food storing.

Furthermore, the Food Standards Act 1999 establishes the Food Standards Agency (FSA), which is an independent government department working to protect public health and the wider interests of consumers in relation to food in England, Wales and Northern Ireland. The Act 1999 gives the FSA power to act in the consumer’s interest at any stage throughout the food production and supply chain.

If there is a failure by a food business, such as a food catering provider, to uphold their responsibilities as per the Food Safety Act 1990, they could be liable for any contracted food poisoning as a result.

However, in order for any catering food poisoning claims to be eligible, you need to prove the following:

  1. A duty of care was owed to you.
  2. This duty of care was breached.
  3. You suffered harm due to the breach of duty.

Claims for personal injury must also begin within the limitation period to be eligible. We discuss this in more detail below.

Catering Food Poisoning Claims Time Limits

The time limit to begin a catering food poisoning compensation claim is typically 3 years, as set out in the Limitation Act 1980. The time limit begins from the date you contracted food poisoning. 

However, this time limit varies if the person affected either does not have the mental capacity to claim or they are under the age of 18. For these circumstances, the time limit will be put on hold. A litigation friend could be appointed by the courts to start the claim on the affected person’s behalf while the time limit is put on hold. 

Once the affected person either regains their mental capacity to claim or turns 18 years old, the usual time limit will commence only if a litigation friend has not started a claim for them. 

Our advisors can talk to you more about the personal injury claims time limit and its exceptions. They can also confirm whether your catering food poisoning compensation claim is eligible. 

A birds eye shot of an assortment of foods in takeaway boxes, such as a burger, a salad, and pasta, all spread out on a grey table.

Common Causes Of Food Poisoning

According to the NHS, food poisoning is usually caused by the following types of bacteria:

  • Campylobacter bacteria which is the most common cause of food poisoning in the UK.
  • Salmonella. 
  • Escherichia coli (E. coli).
  • Norovirus. 

There are several ways a customer could suffer from food poisoning due to a catering supply being negligent. For example:

  • The food was undercooked, meaning the right temperature was not reached to kill off the food’s bacteria. 
  • The food was not stored properly. For example, food was left out of the fridge/freezer for too long when it needed to be chilled or frozen, causing bacteria to grow. 
  • Cross-contamination. For example, if the caterer did not wash their hands before chopping vegetables after handling raw meat. Or they used the same chopping board to cut up cooked meat after cutting up raw meat or fish. 
  • The food was handled by someone with contaminated hands either through being ill or not washing their hands. 
  • Poor kitchen hygiene, including no sufficient cleaning practices. For example, if the kitchen work surfaces were not disinfected regularly before and after food is prepared.

Not all incidents of food poisoning will form the basis of a valid claim. If, however, a catering supplier did not follow safe food practices and you suffered food poisoning as a result, you may be entitled to claim compensation for your suffering. 

To discuss the specific incident which caused your illness, call the number above. An advisor can assess your case for free and determine whether you’re eligible to proceed.

How Do You Prove A Catering Food Poisoning Claim?

Having evidence for your catering food poisoning case can prove the fact that your illness was caused by a third party not complying with UK food laws.

As such, here are some steps you can take to collect evidence and strengthen your case:

  • Take photographs of the contaminated food you ate (such as a photo of chicken you ate that was pink in the middle). You should also keep samples of the food which caused your illness. 
  • Keep a copy of the proof of purchase for the unsafe food you ate.
  • Gather medical evidence, such as copies of medical reports from the doctor who treated you after you sought medical attention.
  • Keep a diary with details of your symptoms and medical treatment. 
  • Take contact details of anyone else who may have also suffered food poisoning from the same food. For example, if more than one person at a wedding ate the same thing as you. 
  • Make a list of all the foods you ate supplied by the caterer, and also all the foods you ate prior.
  • You could also report a food problem to the FSA. If they investigate, their findings could also be used to support your claim.

If you are eligible, you could instruct one of our expert solicitors to assist you with building your case. They have experience handling catering food poisoning claims. To find out whether you are eligible to benefit from our solicitors’ services, contact our personal injury team. 

A table of three people at a venue talking to a waiter in a suit with unimpressed looks on their faces. The waiter is holding his hand out mid-conversation.

Examples Of Payouts For Food Poisoning Claims

Compensation payouts for successful catering food poisoning claims may be made up of potentially two heads of loss. These are general damages and special damages. While general damages are awarded in every successful personal injury claim, special damages are not. 

General damages compensates for the physical and psychological effects of your food poisoning. Some factors considered when determining the value of this head of loss include:

  • Whether your quality of life has changed. 
  • How long your overall recovery time is expected to be. 
  • Your pain severity. 

During the claims process, you could be asked to attend an independent medical assessment. The medical report that is made from this assessment can be used to help with the valuation of general damages. Guidelines from the Judicial College (JCG) may also be used alongside this report. The JCG contains guideline award brackets for different illnesses and injuries.

Compensation Table

The compensation table below contains figures from the JCG. However, please keep in mind that these figures cannot be guaranteed for your case. Also, the first figure has not been taken from the JCG. 

InjurySeverityGuideline Compensation BracketsComments
Multiple serious illnesses with special damages SeriousUp to £200,000+Compensation for multiple serious illnesses with their financial effects, such as lost earnings, care costs, and medical bills.
BowelTotal loss of natural function (b)Up to £150,110Where the person needs a colostomy.
Faecal urgency and passive incontinence (c)In the region of £79,920Leading to distress and embarrassment.
Digestive systemIllness/damage from non-traumatic injury e.g. food poisoning (b) (i)£38,430 to £52,500
Severe toxicosis leading to serious acute vomiting, diarrhoea, fever, and pain where hospital admission is required for days or weeks. Some continuing effects may include irritable bowel syndrome and haemorrhoids.
(b) (ii)£9,540 to £19,200
Serious food poisoning that is short lived. Vomiting and diarrhoea that lasts between 2-4 weeks with some remaining disturbance and discomfort of bowel function.
(b) (iii)£3,950 to £9,540
Food poisoning that causes significant stomach cramps, discomfort, fatigue and an alteration of bowel function. Symptoms will last for a few weeks and hospital admission for a few days will be needed. However, a full recovery will be made within 1-2 years.

Information On Special Damages

Special damages compensates for the financial effects of your food poisoning. Some financial effects which you may experience due to food poisoning include:

  • Loss of earnings for not being able to go to work due to your illness. 
  • Travel costs for needing to attend medical appointments. 
  • Medical expenses, such as costs for medicine. 

Because special damages are not always awarded for a successful personal injury claim, it is important to show evidence of the financial losses you have suffered due to your illness. Proof can be in the form of bank statements, receipts, payslips and invoices. 

Contact our advisors for more about personal injury compensation and how it is calculated. 

The words 'personal injury law' written on a white piece of paper on a blue table with a gavel, pair of glasses, a stamp and a pen next to the paper.

How We Can Help With Catering Food Poisoning Claims

Our personal injury solicitors can represent catering food poisoning claims under No Win No Fee terms, if they are eligible. Specifically, if you are connected with one of our solicitors, they can offer a Conditional Fee Agreement (CFA). 

A CFA allows you to not have to pay for your solicitor’s work before or during the claims process, or if you are unsuccessful. 

Instead, if you are successful, your solicitor will take a success fee. A success fee is a percentage of your compensation. The law puts a maximum cap on what can be taken as the success fee percentage to allow you to receive most of your compensation.

How To Contact Our Team 

Contact our team today if you wish to make a personal injury claim on a No Win No Fee basis after contracting food poisoning because a catering supplier has breached their duty of care towards you. They can help you and give you advice about what to do. Here are the different ways you can speak with an advisor:

A solicitor with experience handling catering food poisoning claims.

Further Information On Personal Injury Claims

Here are some similar guides of ours which may help you in the catering food poisoning claims process:

  • Learn to make a food allergy claim with a solicitor if you were wrongfully served a food that you stated you were allergic to.
  • Find out whether you can claim compensation for somebody else if someone you know has suffered harm due to a breach of duty.
  • See how much compensation you could claim for a waiting staff injury that has been caused because of your employer breaching their duty of care.

Here are some extra resources:

Thank you for reading our guide on catering food poisoning claims. Our advisors are available 24/7 for a free consultation on your potential case. Call the number above for further guidance.

Nightingale Pharmacy Prescription Error Claims Guide

This guide explains when it may be possible to claim for a prescription error. As medical professionals, pharmacists must work to the correct standards when preparing and dispensing medicine that a doctor prescribes to help ensure patient safety. If you have suffered harm due to a potential Nightingale Pharmacy prescription error, we will discuss the specific eligibility requirements your case needs to meet in order to have a valid medical negligence claim.

As well as discussing how a medical negligence claim becomes valid, we will also provide some examples of how prescription errors may occur in a pharmacy. As the guide progresses, you can learn what steps to take if a dispensing error causes you harm, and you want to make a medical negligence claim. This includes the evidence that could be used to support your case.

After discussing how different forms of compensation can address the effects of a medication mistake, we explain how our expert solicitors could help you claim compensation on a No Win No Fee basis.

Our advisors can answer questions about how to make a prescription error claim. They can also evaluate your potential case without any charge. To speak with a member of our team, you can:

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Select A Section

  1. Nightingale Pharmacy Prescription Error Claims Guide
  2. Causes Of Prescription Errors
  3. What Could You Do If A Pharmacy Made A Dispensing Error?
  4. How Will My Pharmacy Error Claim Be Calculated?
  5. Make A No Win No Fee Claim For A Nightingale Pharmacy Prescription Error
  6. Related Prescription Negligence Claim Articles

Nightingale Pharmacy Prescription Error Claims Guide

As aforementioned, as a medical professional, a pharmacist owes their patient a duty of care and must carry out their work to the correct standard. The General Pharmaceutical Council (GPC) set out the Standards for Pharmacy Professionals that pharmacists are expected to uphold to help ensure patient and medication safety.

As part of their duty of care, pharmacists must provide a service of the correct standard, should they breach this duty, this could cause a patient to suffer harm that could have otherwise been avoided.

In order to have a valid medical negligence claim for a prescription error, you will need to show that:

  • A pharmacist owed you a duty of care.
  • They breached this duty because their care did not meet the correct standard.
  • The breach directly caused you to suffer avoidable or unnecessary harm.

These criteria make up the legal basis of medical negligence, so you must meet them all to be able to start a medical negligence claim.

What Is The Time Limit For Negligence Claims?

Further to the above criteria, medical negligence claims also have to begin within a legal time frame set out by The Limitation Act 1980.

Generally, the time limit for starting a medical negligence claim is three years from the date you suffered harm. Alternatively, your window for claiming might start from when you learned that the harm you suffered was due to a medical professional provdining care that did not meet the correct standard. This is known as from the date of knowledge.

In particular cases, the time limit may differ. These apply to cases involving minors and those lacking the mental capacity to manage their own claim.

For further information about the exceptions for this time limit or to see how long you have to claim for a prescription error, please contact a member of our advisory team.

Causes of Prescription Errors

Human error can occur in any profession, but a pharmacist making a medication error could lead to serious or even life-threatening consequences. Some common examples of prescription errors that could occur within a pharmacy include:

  • Two patients’ prescriptions are mixed up due to mislabelling. This means that each patient receives the wrong drug.
  • You are given another patient’s medication due to the pharmacist failing to confirm whether you were the correct patient, meaning that you don’t receive your essential drugs.
  • Due to a calculation error, a patient receives the wrong dosage.
  • A pharmacist gives the patient the wrong advice regarding how much medication the patient should take.

How Could A Prescription Error Impact You?

Because drugs often have side effects or cause certain changes to the body, taking a wrongly prescribed medicine or the wrong dosage could affect a patient severely. For example, harm that could occur due to taking the wrong medication could take the form of:

  • Certain medications could cause allergic reactions, which can cause internal damage or even a brain injury.
  • Organ failure brought on by an overdose.
  • A condition is made worse due to a low or incorrect dose meaning the medication has no effect.
  • Other adverse reactions due to the side effects of taking the wrong prescription medicine, such as rashes, for example.

You can contact our advisors for advice on the steps you could take should a Nightingale Pharmacy prescription error occur that has caused you harm.

Bottles of pills with one bottle fallen over and pills spilling out from it.

What Could You Do If A Pharmacy Made A Dispensing Error?

Once you’ve received the necessary medical advice and treatment following taking the wrong medication, you may be wondering whether what you have suffered amounts to medical negligence. Not all patients who have received the wrong medication will be eligible to make a prescription negligence claim. In order to prove medical negligence, you would need sufficient evidence, this could include:

  • Keeping records of who served you at the pharmacy, what they gave you and what instructions were provided.
  • Getting a copy of your health records from the GP, hospital or other healthcare provider that treats the harm you suffered.
  • Asking witnesses if you can note down their contact details. They may be able to provide a statement at a later date regarding the care you received.
  • Writing a diary of your symptoms and how much your life is affected.
  • Keeping a copy of your prescription form and the container the medication was given to you in.

If you decide to work with one, a solicitor can help you gather evidence for your claim. To see whether one of our specialist solicitors could help you through the prescription error claims process, you can contact our advisors. They can also provide you with further advice on what steps you could take if a Nightingale Pharmacy prescription error did occur and caused you harm.

How Will My Pharmacy Error Claim Be Calculated?

You may be wondering how much compensation you could receive if you were to make a successful prescription error claim.

There is no set payout amount, as each medication error claim is different. However, your compensation settlement could be split into up to two parts, known as heads of loss.

The first head is called general damages. This compensates you for unnecessary harm caused by the prescription error. It is awarded in all successful medical negligence claims.

When this compensation is calculated, those responsible for valuing the harm you have suffered might turn to guideline brackets listed within the Judicial College Guidelines (JCG.) They may also look at your medical evidence to consider the extent of your suffering.

Compensation Table

This table features some of the compensation guideline brackets listed within the JCG that may be applicable to successful prescription error claims. Only the top line is not from the JCG. Please remember that this is only to be used as a guide.

HARM SUFFEREDSEVERITYCOMPENSATIONNOTES
Multiple Forms Of Severe Harm Suffered, Plus Expenses and LossesVery SevereUp to £1,000,000+A compensation figure addressing multiple forms of severe harm suffered as well as financial damage such as lost work earnings, medical expenses and care costs.
Brain DamageVery Severe£282,010 to £403,990How much is awarded depends on certain factors including the injured person's life expectancy and degree of insight (if any.)
KidneyLoss of Both Kidneys£169,400 to £210,400Either both kidneys are lost, or they are seriously, permanently damaged.
Significant Risk of Future UTIUp to £63,980The risk of a future urinary tract infection, or other complete loss of natural function, is significant.
BladderDouble IncontinenceUp to £184,200The total loss of natural bowel function, coupled with complete absence of urinary control and function. There will be further medical complications as well.
Complete Loss of FunctionUp to £140,660An absolute loss of control and function.
Serious Impairment of Control£63,980 to £79,930Impaired control is joined by some incontinence and pain.
BowelsTotal Loss of Natural FunctionUp to £150,110Natural function is completely lost and there is an age-dependent reliance on colostomy.
Faecal UrgencyIn the region of £79,920Passive incontinence persists after surgery, as well as faecal urgency. This causes distress and embarrassment.
Digestive SystemIllness/Damage Resulting from Non-Traumatic Injury (i)£38,430 to £52,500Severe toxicosis. The patient requires hospital admission. Symptoms include acute and serious pain, vomiting, and fever.

Special Damages

You may also be eligible to receive special damages. This is the second head of loss that may form your final settlement. Under special damages, you can claim for the financial losses the medical negligence caused you to experience. This may include:

  • A loss of earnings because you were unable to work.
  • The costs of paying for a new prescription to replace the incorrect medication given to you previously.
  • Money spent travelling to and from hospital or other essential appointments.
  • The costs of at-home care if you required a carer.

When claiming for special damages as part of your pharmacy claim, you will need to present evidence of them. This could include bank statements, payslips and receipts.

To learn if you may be eligible to claim compensation for a prescription error, you can contact our advisors. They can also offer you a free valuation of your potential case.

Make A No Win No Fee Claim For A Nightingale Pharmacy Prescription Error

To learn if you are eligible to claim against Nightingale Pharmacy for a potential prescription error, contact our team today for a free consultation. If they deem you to have a valid claim, one of our specialist medical negligence solicitors could help. They have years of experience dealing with various types of prescription error compensation claims and could help guide you through the claiming process.

Our solicitors usually offer to represent their clients under a Conditional Fee Agreement. With this particular type of No Win No Fee arrangement in place, you do not pay any solicitor service fees upfront or as the case goes on. You also wouldn’t have to pay for the solicitor’s work if the claim fails.

If you win the case and receive compensation, your solicitor will take a cut as their success fee. However, they will only collect a small percentage of your compensation. This is because there is a legal cap for the percentage that can be taken as this fee.

A client asking a solicitor about the steps they could take after a potential Nightingale Pharmacy prescription error.

 

Contact Our Team To Start Your Claim

If you’ve suffered avoidable harm because of a prescription error at your pharmacy, you can speak to our advisors today for support and advice. This completely free service also includes the option to have your possible claim assessed. If an advisor finds that you could have fair grounds to start a claim, you could be forwarded to one of our specialist medical negligence solicitors.

We’re easy to reach and available any time or day, so please reach out through any of these channels:

  • Calling 0800 073 8804
  • Using our ‘claim online’ page to ask about claiming.
  • Sending an advisor a message through our live support service.

Related Prescription Negligence Claim Articles

Check out these articles for further guidance:

These sites may also help:

  • NHS guidance on when to call 999 for a medical emergency.
  • Check if your pharmacist has the correct licence using the Online Registry of Pharmacists directory.
  • For further information on Nightingale Pharmacy, go to the General Pharmaceutical Council (GPC) website.

Thank you for taking the time to read our guide about the steps you could potentially take if thinking about making a claim should a Nightingale Pharmacy prescription error occur that led to you suffering harm. If you have any further questions regarding the medical negligence claims process or would like to discuss your potential claim, you can contact a member of our advisory team.