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

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

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

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

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

Jump To A Section

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

What Are Erb’s Palsy Claims?

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

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

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

What Causes Erb’s Palsy?

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

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

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

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

What Injuries Can Erb’s Palsy Cause?

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

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

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

How Is Erb’s Palsy Treated?

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

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

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

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

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

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

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

Average Settlements In Erb’s Palsy Compensation Claims

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

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

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

How Is Compensation Determined For Erb’s Palsy Claims?

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

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

What Can Erb’s Palsy Compensation Help With?

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

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

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

Interim Payments

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

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

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

How To Make An Erb’s Palsy Claim?

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

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

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

Time Limits

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

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

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

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

Get Help From Legal Expert

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

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

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

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

Contact Us

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

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

Learn More

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

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

Medical negligence references:

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

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

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

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

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

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

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

Frequently Asked Questions

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

Who Can Make Email Data Breach Claims?

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

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

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

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

Therefore, you could make a claim if:

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

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

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

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

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

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

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

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

Calculating Data Breach Compensation

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

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

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

Can I Claim For Material Damage?

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

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

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

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

• Invoices
• Receipts
• Bank statements
• Payslips

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

What Email Data Could Be Part Of A Breach?

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

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

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

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

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

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

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

The Most Common Email Data Breach Causes

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

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

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

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

How To Make An Email Data Breach Claim

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

Please see the following examples of evidence you could provide:

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

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

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

No Win No Fee Data Breach Solicitors

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

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

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

Contact Legal Expert

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

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

More Information

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

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

Additional external information:

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

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

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

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

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

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

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

Select A Section

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

What Is The Eligibility For Making Fatal Accident Claims?

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

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

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

Road Traffic Accidents

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

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

Accidents At Work

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

Public Liability Claims

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

Medical Negligence

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

Criminal Injuries

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

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

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

The Most Common Causes Of Fatal Accidents

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

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

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

Who Can Make Fatal Accident Claims?

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

The Law Reform (Miscellaneous Provisions) Act 1934

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

The estate can claim compensation relating to:

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

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

The Fatal Accidents Act 1976

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

This allows the recovery of costs relating to:

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

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

How Much Fatal Accident Compensation Could Be Awarded?

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

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

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

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

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

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

Dependency Claims

Those who qualify to make a dependency claim include:

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

These individuals could make a claim for:

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

Bereavement Damages

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

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

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

The Fatal Accident Claims Process

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

What Evidence Will Be Needed To Support A Claim

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

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

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

How Fatal Accident Solicitors Can Help You To Claim

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

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

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

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

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

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

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

Frequently Asked Questions

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

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

How Can Compensation For A Fatal Accident Help Me?

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

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

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

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

Will Our Family Have To Go To Court?

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

Learn More

You can also read our other fatal accident guides:

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

External resources

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

Thank you for reading our guide on fatal accident claims.

Every year, millions of people in the UK go into surgery under the care of both the NHS and the private sector. Operations often successfully treat many eye conditions, including glaucoma and retinal injuries, but what happens when they go wrong? In this guide, we’ll tell you everything you need to know about eye surgery negligence claims.

First, we’ll talk about what medical negligence actually is, and when you can claim for it. Then, we’ll answer some frequently asked questions surrounding the question of compensation, how eye surgery negligence can occur, and how it can affect you.

Finally, our guide will cover everything you need to know about starting a claim, from gathering evidence and finding the right solicitor to understanding No Win No Fee agreements.

Contact Us

We hope that our guide will answer any questions you might have about making an eye surgery compensation claim, but don’t worry if you still need more information; our advisors are here to help. Get in touch today to speak to a member of our team by:

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

Frequently Asked Questions

1. Can I Claim Compensation After Negligent Eye Surgery?
2. What Is The Average Compensation In Eye Surgery Negligence Claims?
3. What Can My Eye Surgery Negligence Payout Help With?
4. Common Examples Of Eye Surgery Gone Wrong
5. What Impacts Can Ophthalmic Negligence Cause?
6. How Can I Prove A Claim For Eye Surgery Negligence?
7. Can I Claim On A No Win No Fee Basis?
8. More Information

Can I Claim Compensation After Negligent Eye Surgery?

You can claim compensation for negligent eye surgery if you can prove that you were harmed because your surgeon or another medical professional breached their duty of care. But what exactly does this mean?

Essentially, a duty of care is a legal responsibility for someone else’s health and safety. It’s a term used in a lot of different kinds of claims, but in a medical setting, it means that the professional treating you needs to provide care that meets a certain standard.

All medical professionals owe this duty of care to their patients. They might need to take different steps to meet the accepted standard expected of them, but the standard remains the same. For example, the Royal College of Surgeons provides guidance on the steps they should take to meet this standard, whereas nurses or oncologists can find information tailored to their roles from other organisations.

So, if a medical professional breaches their duty of care and this causes avoidable harm, then this is known as medical negligence. Essentially, this is the eligibility criterion for making a claim.

Can I Claim If My Procedure Was Done On The NHS?

It doesn’t matter whether you had your procedure as an NHS or private patient; you have a right to compensation if your circumstances meet the eligibility criteria outlined above.

For example, someone getting a cosmetic eye procedure like an eyelid surgery from a private clinic would have the same rights as someone getting a glaucoma surgery on the NHS: As long as negligence occurred, you could claim.

Am I Able To Claim On Behalf Of A Loved One?

Yes, you can make eye surgery negligence claims on behalf of others by applying as a litigation friend. This role is responsible for handling claims for minors and those who are mentally incapacitated, as both groups cannot legally seek compensation on their own.

If you are interested in acting as a litigation friend or if you’d like to learn more about eligibility for medical negligence claims, contact our team of advisors today. Or, you can keep reading to learn about compensation payouts for surgical errors.

What Is The Average Compensation In Eye Surgery Negligence Claims?

The average compensation for eye surgery negligence can fall anywhere between £493,000 and £2,690, according to the Judicial College Guidelines (JCG). This is a document that provides guideline compensation brackets as a reference for solicitors and other professionals when calculating general damages.

Those damages are the first of 2 potential heads of medical negligence compensation. This head covers your pain and suffering, and the ways in which your quality of life has been affected.

In the table below, you can find more figures from the JCG. Please note that the first entry in this table isn’t from the publication, and these amounts are not guaranteed.

How Is Eye Surgery Compensation Calculated?

Eye surgery compensation is calculated with a number of factors in mind, including:

• The severity of the harm you suffered
• Whether your ability to work has been impacted
• What disabilities you now have, such as blindness
• Whether you sustained related financial losses

In the next section, we explore how eye surgery negligence claims can help you recoup financial losses. If you’re ready to get started, you can contact our team today for a free case assessment.

What Can My Eye Surgery Negligence Payout Help With?

An eye surgery negligence payout can help you cover your financial losses under special damages, which is the second head of compensation that you can pursue. For example, you could claim for:

• Lost earnings, including future projected losses
• Extra childcare
• Mobility aids, like a cane or a seeing-eye dog
• Braille lessons
• Home adjustments, such as grab rails and non-slip safety flooring
• A carer or full-time nursing care
• Private medical care, prescriptions, and other medical expenses

It’s important to note that you need proof of your losses to claim under this heading. To do this, you can use financial documents like receipts, bills, and invoices.

Our team are happy to help. Get in touch today to learn more about making a medical negligence compensation claim.

Common Examples Of Eye Surgery Gone Wrong

Some common examples of eye surgery gone wrong include:

• Misdiagnosis: For example, your doctor confuses common symptoms of a brain tumour with an eye condition. Consequently, you have to undergo totally unnecessary surgery on your eye while your brain cancer remains untreated.
• Incompetence: Your surgeon should provide you with a standard of care that meets a reasonable level of competence and skill. A surgeon who fails to do so may not use their instruments properly, leading to a scalpel slip that causes you to lose your vision completely.
• Wrong-site surgery: Despite having the correct eye clearly marked, your surgeon operates on the wrong eye. This failure causes permanent damage to your vision, and the delay allows the damage to your other eye to worsen.

These are only a few examples of how medical negligence can occur during eye surgery. However, it’s important to note that not all eye surgeries go wrong because of medical negligence. If you’d like to find out more or whether you could be eligible to make a claim, talk to one of our advisors today.

What Impacts Can Ophthalmic Negligence Cause?

Ophthalmic negligence can have a range of negative impacts, affecting your physical and mental health as well as your finances. These consequences can sometimes be far-reaching and life-changing, including:

• Loss of vision and blindness, which otherwise could have been avoided
• Post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological injuries 
• Serious facial scarring
• Significant present and future lost earnings
• Changes to your day-to-day life, like needing to get a new job or being unable to enjoy your previous hobbies

Medical negligence can affect everyone differently, but we are here to help, no matter your circumstances. Speak to one of our advisors to find out if you could make a claim for eye surgery negligence.

How Can I Prove A Claim For Eye Surgery Negligence?

One of the most important steps in eye surgery negligence claims is having sufficient proof to support your case. You can do this by collecting evidence like:

• Photographs of visible harm, like scarring from surgery being performed in the wrong place
• Medical records and hospital charts that show the treatment you received
• The contact details of witnesses, like an appointment chaperone
• Scans or test results that show a clear misdiagnosis caused by negligence
• The results of an independent medical assessment that detail how you have been harmed both physically and mentally

We understand that this step of the process can seem daunting, but our team are here to help. If you choose to work with one of our expert solicitors, then they can help you explore every potential avenue of evidence to build the strongest claim possible.

Keep reading to learn more about how one of our medical negligence solicitors could help, or contact us today to get started.

Can I Claim On A No Win No Fee Basis?

At Legal Expert, you are our priority. From your first free consultation to your final meeting with your solicitor, we are committed to providing high-quality, client-first services. The proof is in the over £80 million of compensation we’ve already recovered for people all over the country.

Our solicitors have decades of combined experience handling medical negligence claims. Moreover, they believe that no one should be priced out of getting the representation they deserve, which is why they operate on a No Win No Fee basis.

You might have heard this term used before, but what does it actually mean? In our case, No Win No Fee means that our solicitors work under something called a Conditional Fee Agreement (CFA). Under this agreement, you get access to all of their expert services without paying for them:

• Upfront
• As the claim is ongoing
• At all if your claim fails

So, if you don’t get compensation, then you don’t pay for your solicitor’s work. If you win your claim, then your solicitor will take a success fee as payment for their services. This small percentage of your compensation is capped by law, ensuring you keep the majority share.

Speak To Us

Are you ready to get started? Do you want to learn more about our medical negligence solicitors? We are here to help. To learn more about making eye surgery negligence claims with one of our No Win No Fee solicitors, get in touch today by:

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

More Information

For more information on making a medical negligence claim:

• Learn how to claim compensation for wrongly prescribed antidepressants
• Get information on the average payout for cancer misdiagnosis
• Find out if you can claim for a missed lumbar fracture

Or, to get further resources:

• The NHS has resources on blindness and sight loss
• Additional NHS guidance on supporting people who are blind or have sight loss
• Statistics from 2022/23 on the number of people in England registered blind or partially sighted

Thank you for reading our guide on eye surgery negligence claims.

Need guidance on claiming compensation from a housing association? If you’re experiencing adverse health effects because of housing disrepair and sub-standard conditions in your home, your social housing landlord or provider could be liable to pay you damages. This guide explains how you can claim for personal injury caused by housing disrepair or the disrepair itself without suffering an injury.

We begin by looking at social housing tenants’ rights to seek compensation for disrepair or injury (or both). After this, we explore how compensation is evaluated and what it can cover for physical, emotional and financial harm, as well as the costs generated by repair needs and damage to personal property. You’ll need evidence to launch either type of claim. This can include medical records, photos of injury, proof of property damage and receipts or statements reflecting these impacts.

The final section explains how our solicitors could support you through the entire claims process by offering their services through a No Win No Fee agreement. Working this way frees you from concerns about needing money upfront to appoint legal representation. Please continue reading or find out more about our solicitors now:

• Ring us on 0800 073 8804
• Contact us online here.
• Ask a question via the live discussion window at the bottom of this screen.

Frequently Asked Questions 

1. Tenants’ Rights For Claiming Compensation From Housing Associations
2. What Could Compensation From Housing Associations Be Awarded For?
3. How Much Housing Association Compensation Can I Get?
4. What Is Needed To Start Housing Association Claims?
5. Can I Make A No Win No Fee Claim Against My Housing Association?
6. More Information

Tenants’ Rights For Claiming Compensation From Housing Associations

As a tenant, you have the right to claim compensation if landlords and housing associations fail to meet their repair obligations. Typically, you start by reporting the need for a repair. If the housing association fails to carry this out in a timely manner, you can escalate this to a complaint. A complaints procedure can usually be found on the housing association website.

If the association fail to respond (typically within 10 days of the complaint) and the disrepair issue persists, they normally have another 20 working days to investigate the issue. Typically, the housing association will review the complaint, explore a potential resolution and enact repairs. You can complain to the Housing Ombudsman if they fail to do this. You may also start a claim for compensation. 

Housing Disrepair Claims

Your rights regarding housing disrepair obligations are detailed in Section 11 of the Landlord & Tenant Act 1985. This legislation states that landlords are required to carry out repairs and ensure the maintenance of external pipes, drains and gutters. They must also ensure that water, electricity, and gas supplies are in proper working order (this includes baths, sinks, and basins). Also, that heating and hot water installations are in proper working order.

Should a landlord or housing association fail to fix the disrepair, the tenant could make a housing disrepair claim to be compensated for any damage to their home and personal property. You will need evidence of this such as photos and statements proving the financial impacts of dealing with prolonged disrepair.

Disrepair Injury Claims

Perhaps the housing disrepair caused you to suffer an illness or injury. You could be eligible to make a personal injury claim against the housing association if it failed to take sufficient action to remedy the problem. Under Section 4 of the Defective Premises Act 1972, landlords can be held responsible for your injuries or illness if you meet the following three criteria:

• The landlord/housing association must have been aware of the housing disrepair.
• They failed to fix the problem within a reasonable time frame.
• This caused you to suffer injury or illness.

Evidence is required to back the claim up, such as medical records, photos of harm or other proof of related injuries like psychologists’ reports for emotional stress.

A claim can still apply if the disrepair necessitated you to move into a new social home. Please call the advisory team to discuss any social housing complaints you made prior to this move. Or if you have any general questions about the process of claiming compensation from a housing association, call now.

What Could Compensation From Housing Associations Be Awarded For?

There are numerous circumstances where a housing association might need to pay compensation to an impacted tenant. For example:

• A delay or inadequate response to no running water, gas or electricity.
• Illness caused by a delay in dealing with penetrating damp.
• Breathing issues (particularly in children) caused by untreated condensation and mould.
• Illness or infection caused by untreated insect infestations from rotten floors or windows.
• Failure to repair damaged or missing roof tiles in a reasonable time frame which exposed a tenant to prolonged cold and damp from a roof leak.
• Failure to correctly address subsidence which resulted in the building being unfit to live in when walls began to shift and crack.

There can be a host of other service failures that mean a housing association are in breach of their obligations. Please connect with our team of advisors to discuss claiming compensation from a housing association.

How Much Housing Association Compensation Can I Get?

When a disrepair claim for illness or injury is successful, the compensation can be made up of two categories of loss called general and special damages. Under general damages, a compensation amount is calculated that reflects the physical pain, psychological suffering and overall detrimental impact on that person’s quality of life.

To assess this, those involved often refer to medical evidence that has been put forward as supporting evidence. In addition to this, they might consult publications like the Judicial College Guidelines (JCG). This is a compendium of compensation brackets for various injuries based on their severity. The table below has been devised using some entries, except for the first line shown.

Importantly, the figures used are strictly guidelines only. Every compensation claim against a housing association will have unique factors that shape the final amount.

Compensation Guidelines

The other category of loss that can make up the compensation is called special damages. Under this, you can claim back the monetary harm if you have the relevant documented evidence. For example:

• Evidence of any private medical expenses.
• Invoices and proof of payment for any essential repair work and redecorating costs you carried out in your home.
• The costs of electricity if a dehumidifier were needed for prolonged periods to treat damp.
• Any receipts or invoices paid for domestic support while recovering.
• Travel expenditure to vital appointments.
• Proof of the cost to replace personal items, such as furniture or clothes ruined.
• Payslips that show how illness forced you to miss work or lose income.

Take this opportunity to discuss claiming compensation from a housing association with our advisors. If your claim is eligible, they could connect you to our solicitors to get you the best result. They know how to accurately calculate your losses going into the future, such as long-term rehabilitation or moving costs. 

What Is Needed To Start Housing Association Claims?

When claiming compensation as a housing association tenant, you need to draw together evidence that shows how they failed to respond in a reasonable time frame to the issue. If you are also claiming for personal injury, you will need to show how this disrepair caused illness or injury. With this in mind, the following can be useful:

• A copy of your tenancy agreement (or other documents from the housing association).
• Duplicates of your medical records that show how the housing disrepair impacted your health. For example, chest X-rays showing damage from breathing in mould spores.
• Photographs of visible injuries. For instance, any fractures, cuts or bruises caused by disrepair hazards in your home.
• Proof of damaged belongings caused by the housing disrepair, such as photographs.
• Copies of any correspondence between the housing association and you about the repairs, such as steps you to took to complain to the housing authority.
• Witness points of contact. Should you decide to appoint a solicitor, they can obtain a statement from anyone else who has seen the disrepair and its impact on your health.

Don’t struggle with collecting evidence alone. Find out if your claim qualifies for assistance from our solicitors. Call to learn more about claiming compensation from a housing association.

Time Limits

According to the Limitation Act 1980, personal injury claims must be brought within a 3-year period that typically starts from the original injury.

Social housing disrepair claims for a breach in contract usually need to be made within a 6-year time limit. This can start from the date that you first reported the disrepair. If you’d like any guidance at all on evidence and time limits when claiming compensation from a housing association, please reach out to our advisory team on the contact options above.

Can I Make A No Win No Fee Claim Against My Housing Association?

You could qualify to launch a type of No Win No Fee compensation claim against a housing association if you meet the criteria we looked at above. Our solicitors offer eligible claimants a version called a Conditional Fee Agreement (CFA).

Under an agreement like this, there is no expectation to pay upfront or ongoing solicitors’ fees. Also, if the claim fails, no solicitor’s fees apply for the work carried out. Claims that enjoy a positive outcome require payment of a nominal percentage of the compensation. This is called a success fee, and the amount is pre-agreed between you and your solicitor at the start.

In addition to this, a legal limit applies to the success fee. This guarantees that the person seeking compensation benefits the most from the outcome. Seeking social housing compensation with the help of our solicitors could make your claim much less stressful and it takes just a moment to see if you qualify.

Contact Legal Expert

Given that claiming compensation from a housing association will be different in every scenario, it makes sense to get in touch to discuss your particular case. You can:

• Ring us on 0800 073 8804 to discuss how housing disrepair solicitors could help you get financial compensation.
• Contact us online here.
• Ask a question via the live discussion window at the bottom of this screen.

More Information

The focus of this guide was claiming compensation from a housing association, and you might find these other resources helpful also:

• Read about penetrating damp claims for compensation.
• This article looks at tenancy deposit claims.
• Also, you can discover more about compensation payments for damaged clothing caused by housing disrepair.

External links for more information:

• Here is information about the Housing Ombudsman service.
• This link helps you understand more about housing benefits from GOV.UK.
• Lastly, read about the social housing property legal obligations.

To close our guide, thanks for your interest in claiming compensation from a housing association. We hope it has helped, and if you’re searching for any more guidance on your claim options, please reach out to the team.

Pressure sores, also known as bed sores or pressure ulcers, are painful injuries that affect the skin and the surrounding area. In certain cases, they are entirely preventable with prompt diagnosis and the correct standard of care. Pressure sore claims happen when medical professionals fail to meet that standard, causing their patients unnecessary harm.

Our guide aims to discuss:

• Who is eligible to claim compensation
• The common reasons why pressure sore claims happen
• How the severity of bed sores can affect compensation
• How to claim, including what evidence you may need
• How our No Win No Fee solicitors could help you start your claim

At any point in our guide, you can contact our advisory team to get a free case assessment. If you’re ready to find out whether you could claim compensation, please use the details below:

• Call us on 0800 073 8804
• Use our built-in live chat feature
• Fill out our contact us form

Frequently Asked Questions 

1. Who Can Make Pressure Sore Claims?
2. The Average Bed Sore Claims Compensation Amounts
3. Is There A Time Limit To Make Pressure Ulcer Claims?
4. What Pressure Sore Negligence Claims Evidence Is Needed?
5. The Common Pressure Sore Compensation Claims Causes
6. Claiming For Bed Sore Compensation On A No Win No Fee Basis
7. More Information

Who Can Make Pressure Sore Claims?

In order for somebody to be eligible to make a pressure sore claim, 3 things must be proven:

• You were owed a duty of care, such as from a medical professional
• They breached this duty
• The breach directly caused you to suffer unnecessary harm

Essentially, a duty of care means that medical professionals must provide patients with a standard of care that meets the minimum expected of them. If you suffer avoidable harm as a result of those standards not being met, you may have the basis of a valid medical negligence claim. We’ll discuss how a healthcare provider could fall short of standards later on in this guide.

However, before we continue to the next section, we want to note that not all bed sores will be the result of medical negligence. In some cases, factors like pre-existing medical conditions may mean that the sores are unavoidable, even when medical professionals follow appropriate prevention strategies.

What Happens If An Individual Is Unable To Claim For Themselves?

Where someone suffering from pressure sores is unable to claim for themselves, certain adults have the option of becoming their litigation friend. This role is usually occupied by a parent, but can also be filled by others, including solicitors. Litigation friends are responsible for various duties, including:

• Acting in the best interests of the claimant
• Signing documentation and undergoing the claims procedure on their behalf

In medical negligence claims, litigation friends are used when an individual is either a minor or has diminished mental capacity. Both groups cannot legally claim in their own right unless they meet certain conditions.

If you would like to discuss those conditions or being a litigation friend, call us today to connect with one of our advisors.

The Average Bed Sore Claims Compensation Amounts

Pressure sore claims can compensate for the harm you suffered (general damages) and related financial losses (special damages). To help value general damages, solicitors may refer to the Judicial College Guidelines (JCG). This publication outlines compensation guidelines for various forms of harm, both physical and psychological.

The table below outlines some of the document’s guideline amounts. Please note that these brackets are suggestive, and the first figure has not been taken from the JCG.

How Is Pressure Sore Compensation Calculated?

Generally, compensation is calculated by considering things like:

• The severity of your pressure sores
• The expected length of your recovery
• The impact the sores have had on your body, mental health, and quality of life

Moreover, the compensation you might receive may be influenced by how your pressure sores are graded. Keep reading for more information about this classification system.

Bed Sore Classifications

There are 4 grades of bed sores:

• Grade 1: Redness and tenderness to the affected area, but no open wound
• Grade 2: Partial-thickness skin loss, with the top layers of skin damaged, such as the epidermis and the dermis. Abrasion or blistering on sight
• Grade 3: Full-thickness skin loss, with both necrotic (dead) tissue and pus present. It may appear like a hole or crater in the skin
• Grade 4: The wound and surrounding area have become totally necrotic, exposing muscular tissues and bone of the affected area

The more serious the grade, the higher the likelihood that there will be lasting health issues and a longer recovery. For instance, grade 4 bed sores may lead to chronic pain and amputations. This impact can have far-reaching consequences for a person’s health, quality of life, and finances, which may affect the amount of compensation they receive.

We understand that all pressure sore claims are different, and our team can work with you to assess your specific situation. Contact us today to learn more about pressure sore negligence compensation and how we can help you.

Could Financial Losses Be Compensated?

Yes, financial losses can be compensated under special damages. If you’ve suffered from pressure sores, you may already be aware of the lasting impact they can have on finances. Special damages aim to reimburse you for your losses, and they will consider things like:

• Loss of earnings as well as future income
• Medical costs, including treatments and prescriptions
• Travel expenses, such as those incurred while attending medical appointments
• Care costs if your pressure sores left you in need of assistance
• Rehabilitation and physiotherapy to support your recovery

In order for you to be able to claim special damages, you must be able to prove your financial losses. Depending on what losses are claimed for, you could use evidence like payslips, medical invoices, and receipts.

As part of the services on offer, our expert solicitors can help you gather this evidence to support your claim. Contact our advisors today to be connected with one of our solicitors.

Is There A Time Limit To Make Pressure Ulcer Claims?

For pressure sore claims, you will usually have 3 years from the date you suffered unnecessary harm or became aware someone’s negligent actions caused it. This time limit is in line with the Limitation Act 1980.

There are exceptions to this time limit for minors and individuals whose mental capacity is diminished. As we’ve mentioned, both groups are unable to legally start a claim by themselves, meaning time limits are paused unless certain certain conditions are met.

Specifically, the 3-year limitation period will not apply to minors until the day they are 18. For mentally incapacitated individuals, time limits are frozen unless they make a recovery. If there is a recovery, then the standard 3-year window will apply from the point that their ability to claim independently returns.

As we’ve also discussed, both groups can be represented by a litigation friend while time limits are frozen. You can learn more about time limits and their exceptions by reaching out to our helpful advisory team.

What Pressure Sore Negligence Claims Evidence Is Needed?

In order to maximise your chance of having a successful claim, you need evidence proving medical or hospital negligence and how it caused you to suffer unnecessarily. We recommend using evidence like:

• Photographs of your bed sores, showing their severity and development over time
• Descriptions of the wound, any drainage dates, or differences noted
• Contact details for anyone who might have seen you receiving negligent care
• Copies of relevant correspondence, such as a complaint about your treatment

Moreover, your GP or medical records could help demonstrate whether you were particularly at risk of developing pressure sores or highlight shortcomings in the care you got. In addition, your records may detail when you were diagnosed, the grade of your sores, and what treatments you received.

Our professional solicitors can help you gather evidence and advise on what evidence might be most beneficial for your claim. You can speak to our team if you’d like more information about evidence or the work of our solicitors.

The Common Pressure Sore Compensation Claims Causes

Below, you will find some of the more common causes for pressure sore claims:

• Prolonged exposure to moisture: Constant exposure to moisture can quickly cause the skin to weaken, further increasing the risk of pressure sores. A nurse may negligently contribute to a person suffering unnecessarily from sores if they fail to check urinary catheters, stoma bags, or a patient’s perspiration
• Inadequate use of medical devices: Specialist equipment, such as mattresses or cushions, can be applied to areas at greater risk of pressure sores. A carer who does not use these devices when required may worsen existing ulcers or leave a patient suffering from otherwise preventable pressure sores
• Infrequent patient monitoring: Patients’ skin conditions should be monitored frequently, and they should be repositioned often enough to prevent the development or worsening of pressure sores. A nurse may be at fault if they fail to regularly move an immobile patient, thereby allowing sores to develop

These are not the only situations where pressure sores can develop, so please don’t worry if you don’t see your specific situation here. Keep reading as we discuss the impact pressure sores can have on those affected by them.

How Can Pressure Sores Cause Complications?

Without prompt diagnosis and appropriate treatment, pressure sores can quickly deteriorate. If left untreated, patients may find that the sores affect the surrounding muscular tissue and bones. Serious cases can also lead to life-threatening complications such as:

• Sepsis, or blood poisoning from the infection
• Bone or joint infections
• Necrosis of other tissues
• Amputation
• Brain damage
• Organ failure

Medical professionals may contribute to these issues if they provide substandard care or negligent treatment. For instance, a doctor who fails to listen to your symptoms may delay a diagnosis, leaving your sores to deteriorate to a more severe grade.

This delayed treatment could result in you developing long-term health issues that would otherwise have not happened. In turn, you may be at increased risk of infections and face a longer road to recovery.

However, as we’ve already mentioned, not all pressure sores are preventable. You may still suffer from them even if your healthcare provider provides you with the correct standard of care.

If you’d like to discuss your specific circumstances, please use the contact details listed in this article for free, confidential advice from our team.

Claiming For Bed Sore Compensation On A No Win No Fee Basis

If you choose to work with our solicitors, you could make a claim under the terms of a Conditional Fee Agreement (CFA). This type of No Win No Fee claim means that:

• You won’t pay solicitors’ fees at the start of the claim
• You won’t face additional solicitor fees during the process
• You won’t pay any fee for your solicitor’s work if you don’t receive compensation

Only if your claim succeeds would a fee be deducted from your compensation. This success fee is payment for your solicitor’s work, and the percentage taken is capped in accordance with the Conditional Fee Agreements Order 2013.

Contact Legal Expert’s Solicitors

Here at Legal Expert, we are here to help and support you every step of the way. Our medical negligence solicitors have years of experience advocating on behalf of clients and have already secured more than £80 million in compensation.

If you are ready to get started or have any questions about the claims process, you can contact us by:

• Call us on 0800 073 8804
• Use our built-in live chat feature
• Fill out our contact us form

More Information

For more information, read our guides on:

• How to claim if you have contracted MRSA in a hospital
• Our medical negligence claims calculator
• What is classified as medical negligence in the UK

Useful external resources:

• Guidance on how to manage pressure sores from the NHS
• How to claim statutory sick pay from GOV.UK
• Information on the prevention of pressure sores from NICE

Thank you for reading our guide on pressure sore claims.

Any accident at 35,000 feet, even a minor one, is unwelcome. While flying is considered to be the safest form of travel, you could be entitled to flight accident compensation if you experienced an injury mid-flight. This guide explains how to claim against the airline responsible.

Key Takeaways

• The Montreal Convention 1999 was a treaty signed by multiple countries (including the UK) to set the rules for airlines regarding passenger accidents and fatalities.
• The Civil Aviation Act 2012 establishes a regulatory framework for responsibilities to protect users of air transport services, including passengers.
• If successful, your personal injury claim could compensate you for the physical harm of an in-flight injury, as well as the monetary damages the injuries created.
• A time limit of two years applies in which to commence a personal injury claim for an inflight injury.
• You could qualify to start your claim with support from our expert solicitors, who offer a No Win No Fee agreement to fund their services.

Please carry on reading our guide to learn more about No Win No Fee flight accident compensation claims. You can also reach out to advisors at any point to ask questions or access a free assessment on the merit of your claim. To find out more:

• Call the team on 0800 073 8804
• Contact us to start a claim online.
• Open the live discussion portal below for an immediate response.

Frequently Asked Questions 

1. Can I Get Flight Accident Compensation?
2. How Much Compensation Could I Get For An In-Flight Injury?
3. Examples Of Accidents That May Happen On a Plane
4. Who Is Responsible For Flight Accidents?
5. What Is The Flight Accident Compensation Claims Time Limit?
6. Do I Need Evidence To Support My Claim?
7. Can I Claim With A No Win No Fee Solicitor?
8. More Information

Can I Get Flight Accident Compensation?

As we mentioned in the introduction, Article 17 of the Montreal Convention 1999 states that up to a certain value, the carrier is regarded as ‘strictly liable’ for injury or death mid-flight or for injury when getting on or off the plane.

This allows an injured passenger to initiate a compensation claim upon return to their home nation without needing to prove the airline was negligent. You will need to show:

• That the accident was an ‘unexpected’ or ‘usual event’.
• The injury was not prompted by the passenger’s internal reaction to flying.
• That the injury was caused by an accident that occurred on the aircraft mid-flight, while grounded, or while taking off or landing.

The Montreal Convention sets a capped limit to the airline’s liability using a universal currency called Special Drawing Rights (SDR), set by the International Monetary Fund (IMF). The cap is currently 151,880 SDR, which is approximately £157,300. This helps deal with claims of this value (or less) in a way that reduces time and expense. There is no limit to claims above this amount, but the airline does then have the right to contest the liability by proving it wasn’t negligent or otherwise at fault.

If you’d like to check your eligibility to start a claim for flight accident compensation, please call the team for further personalised guidance.

Am I Able To Claim For My Child?

It is possible to launch a personal injury claim for an injury that occurred during a flight on behalf of your injured child. 

What If The Accident Happened To A Vulnerable Person?

Similarly, a person without the capacity to manage their own affairs can have a personal injury claim started for them by a family member or other concerned party. 

Can I Claim On Behalf Of A Deceased Loved One?

Yes, you can claim if a loved one died while embarking, disembarking or during a flight.

If you suffered the loss of a loved one in or after an airline accident, speak to our advisors. You and your family could be owed flight accident compensation.

How Much Compensation Could I Get For An In-Flight Injury?

In cases of mid-flight injury, the airline is considered strictly liable up to £157,300 (approximately) and you do not need to prove negligence. However, each flight accident compensation claim will differ, and no routine amount of compensation will be awarded. Furthermore, in-flight accident claims may be compensated anywhere between a few hundred pounds and millions. 

How Is Compensation For Plane Accidents Calculated?

Compensation for inflight injuries may consider:

• The severity of the injuries sustained.
• The duration of the injuries.
• How they have damaged the quality of a person’s life (loss of amenity).
• What the future prognosis indicates.
• Loss of earnings.
• Medical flight home.
• Loss of enjoyment of the holiday.
• Mobility aids and home adaptations.

One of our advisors can discuss how much flight accident compensation you might be able to claim. Please speak to a team member to discuss the incident that caused your injuries and what impact they had on your holiday as well as your daily life.

Examples Of Accidents That May Happen On a Plane^^

Like any form of public travel, there can be a wide range of potential hazards that might cause injury if others are negligent, and we explore some examples:

Slips, Trips And Falls

Obstacles or spillages on an aircraft have the potential to cause injury. For example, if the cabin crew neglected to ensure that all hand-held luggage was correctly stowed. Because of this, a passenger could trip on a bag strap, fall and hit their head on an armrest. They could also suffer injury getting on or off airline shuttle buses or other transportation by slipping on an unattended wet surface.

Technical Issues

An example of this is when the seatbelt light was faulty and did not alert the passenger to fasten their seatbelts. This resulted in the passenger being thrown forward and hitting the seat in front during turbulence, suffering a minor head injury as a result.

Scalds And Burns

In-flight refreshments can be hot, so cabin crew need to take care not to spill drinks or food onto passengers while serving. An example accident is a passenger being scalded by hot coffee after colliding with a drinks trolley. Food poisoning on a flight may also be grounds to start legal action for flight accident compensation.

Falling Luggage

Most heavy luggage is in the hold, but hand luggage can also cause injury if it falls from the overhead compartments. A passenger could suffer a serious head or neck injury if luggage falls, or they might trip on any item that cabin crew have allowed to be left in gangways.

Faulty Seating

A broken seatbelt can present an immediate risk to passenger safety, but there can also be other issues with internal fittings. For example, a broken armrest can leave a piece of exposed metal on which an unwitting passenger cuts their arm or hand. Also, a sudden movement by a broken seat could create serious back injury, especially in an elderly traveller.

Turbulence

Turbulence may be unavoidable, but it is essential that the cockpit and cabin crew alert passengers to it as soon as it is detected. Failure to return passengers to their seats during turbulence can result in someone losing their footing and falling against the seat or landing on other passengers.

Assault By Another Passenger

Some passengers become intoxicated and rowdy. You could have a viable personal injury claim if you were assaulted on a plane and the airline failed to contain the problem correctly.

The Montreal Convention covers acts of assault, and your right to claim is covered. A solicitor can assist with the personal injury claims process, so get in touch to see if they can help you.

Who Is Responsible For Flight Accidents?

Under the Montreal Convention, the airline is usually considered responsible for flight accidents. An airline accident is defined as something ‘unusual’ or ‘unexpected’ and not the result of injuries such as deep vein thrombosis or ear damage that might be caused to the person by the act of flying itself.

For cases where more than one aircraft was involved, the Air Accidents Investigation Branch (AAIB) can investigate the circumstances and provide recommendations to prevent it from happening again.

Please contact the advisory team to discuss your potential flight accident compensation claim.

What Is The Flight Accident Compensation Claims Time Limit?

For aviation accidents, the Montreal Convention lays out a 2-year time limit for claims. The exceptions for minors and those without mental capacity that we looked at above may alter this. Please connect with the team for precise guidance.

Do I Need Evidence To Support My Claim?

In cases of mid-flight injury, the airline is considered strictly liable up to £157,300 (approximately) and you do not need to prove negligence. However, it is important to gather evidence that might help further boost your compensation calculations, such as:

• Copy of your ticket.
• Photos of the injuries and their cause.
• Witness contact details (so that a supporting statement can be gathered from them later).
• Duplicates of medical records that detail your injuries.

Should the airline contest liability and you choose to appoint one of our solicitors, they can help you collect evidence like this. Get in touch with the team to learn more.

Can I Claim With A No Win No Fee Solicitor?

Our solicitors offer their services under a No Win No Fee arrangement, which includes supporting eligible claimants with a case for flight accident compensation. They usually offer a version of this type of arrangement called a Conditional Fee Agreement (CFA), you can access unlimited legal advice and take advantage of the following benefits:

• No requirement to pay initial solicitor’s fees to get going.
• No solicitor’s fees for their work as the claim unfolds.
• No fees are applicable to the solicitors for completed services if the claim fails.
• In outcomes that are successful, a nominal success fee will be taken from the compensation.
• The law restricts this percentage.
• Because of the cap, you can expect to receive virtually the entire amount from a successful flight injury claim.

Contact Legal Expert

Are you ready to see if you could be owed flight accident compensation? It takes just a moment to find out if our specialist solicitors can act on your behalf today:

• Call the team on 0800 073 8804 to discuss the flight accident claims process.
• Contact us to start a claim online.
• Open the live discussion portal below for an immediate response to air accident claims.

More Information

This guide focused on flight accident compensation, and these other resources from our website might be of further use:

• This guide looks at airport accident claims at Gatwick.
• Here we discuss claiming for medical costs in a personal injury claim.
• Also, read about flight delay compensation.

External resources to help:

• Here is information on how air transport companies should comply with health and safety laws.
• Read more on how to report an air accident.
• This link looks at dealing with a host of travel problems from the Civil Aviation Authority (CAA).

To close, we value your interest in our guide about flight accident compensation. If you’d like to learn more about how our solicitors use a No Win No Fee agreement, speak with our advisory team now.

An amputation can be a life changing injury.  Whether you have been involved in a traumatic road traffic accident or have suffered medical negligence, a successful compensation claim could make readjusting after your injuries an easier process. 

We understand that amputation claims can be difficult, but our solicitors work closely with a range of specialists who can support you throughout your recovery process. Whether this involves clinical psychology or physical therapy, our team are here to help you take the next steps.

Our guide will discuss:

• Who can make amputation claims
• The different types of compensation you could be eligible to receive
• The different scenarios and amputation may be suffered
• How our No Win No Fee solicitors could help you start your claim

Contact Us

If you have any questions about your potential amputation claim, please contact us today to learn how we can assist you.

• Use our built in live chat feature
• Fill out our contact us form
• Call 0800 073 8804

Jump To A Section

1. Who Can Make Amputation Claims?
2. The Common Types Of Amputation Injury Claims
3. What Payouts Can You Get For Amputation Compensation Claims?
4. Can Compensation Cover Non-Physical Impacts From Amputations?
5. What Evidence Will Be Needed For Amputation Claims?
6. Is There A Time Limit For Making An Amputation Compensation Claim?
7. Legal Expert’s No Win No Fee Amputation Claim Specialist
8. More Information

Who Can Make Amputation Claims?

You can make an amputation claim if you can prove that negligence occurred. Negligence occurs when:

1. Someone owed you a duty of care
2. The person who owed you this duty breached it
3. The breach led to your amputation or injuries

This forms the basis of your claim as it demonstrates how your injuries happened and why they were the fault of someone else.

Continue reading to learn who owes you a duty of care in different scenarios.

Can Claims Be Made For Children Or Vulnerable Adults?

Claims can be made on behalf of children or vulnerable adults. These cases will utilise a role known as a litigation friend.

A litigation friend is an individual who acts on behalf of another person in the claims process, such as someone who was:

• Under 18 at the time of the injury
• Lacking the mental capacity to claim

Litigation friends can sign documents and make decisions for the claimant. They also have the responsibility to act in the claimant’s best interests.

You can apply to act in this role, or alternatively, the courts have the power to appoint a litigation friend.

If you have any questions about acting as a litigation friend, please contact us today to learn how our team can help you.

The Common Types Of Amputation Injury Claims

Amputations are considered a serious injury and can occur in a variety of situations. The most common types of amputation injury claims include:

Medical Negligence

Amputation claims can arise from medical negligence. This could be due to a surgical error or a misdiagnosis.

You are owed a duty of care by all medical professionals. This means that they must provide care to meet the expected standard. All healthcare professionals are bound by their specific code of ethics and practice, but they all owe the same duty of care to all patients.

If, for example, you were scheduled for an amputation on your left leg, your surgeons should perform adequate pre-operative checks. If they fail to do this and mistakenly operate on your right leg, you could have the basis for an amputation claim.

Accidents At Work

The Health and Safety Executive reported that between 2023 and 2024, there were 508 reported amputations suffered by employees resulting from work-related accidents (per reports made by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)).

In line with the Health and Safety at Work etc. Act 1974 all employers owe their employees a duty of care to do all that is reasonable to prevent injury and ensure their health and wellbeing while at work.

If, for example, your employer made you work with known defective machinery, which resulted in your hand being traumatically amputated when the machine malfunctioned, you may be eligible to make an amputation claim.

Public Place Accidents

You may wonder who is at fault when you have an accident in a public place. In these cases, the person responsible is the occupier. An occupier is the person or party in control of a public space.

Under the Occupiers’ Liability Act 1957, you are owed a duty of care. This means that the occupier must take any and all steps to ensure that visitors to the premises are reasonably safe when visiting.

If, for example, an overhead sign in a supermarket was not secured properly, causing it to fall on you and suffer a severe crush injury to your arm that later required an ampution, you may be able to make a public liability claim.

Road Traffic Accidents

All road users owe each other a duty of care. This means they need to avoid causing harm or damage to one another by using the roads safely and responsibly. This is achieved by upholding the rules set in the Road Traffic Act 1988 and the Highway Code.

For example, if you are hit by a driver who is speeding over the limit and this causes a severe road traffic accident, crushing you against the car, resulting in the loss of your leg in a traumatic amputation, you may be able to make a road traffic accident claim.

These examples are not the only ways in which you could have suffered an amputation injury, so if your claim specifics are different, you can contact us today to see how our team could help you.

What Payouts Can You Get For Amputation Compensation Claims?

The compensation amount you could be entitled to depends on things like:

• The severity of your injuries
• The impact they continue to have on your life
• Whether you have suffered additional injuries also

Following a successful compensation claim, you will receive general damages. This compensates you for the physical and psychological suffering you have endured due to your injury.

Those calculating this head off loss may refer to the Judicial College Guidelines (JCG). This is a document that contains compensation guideline brackets for different injuries.

The table below uses some of these entries regarding amputations. Please note that the first figure has not been taken from the JCG, and these are just guideline figures.

Contact us today to learn more about how compensation may be calculated in amputation claims.

Can Compensation Cover Financial Losses Caused By Amputation Injuries?

Compensation can cover financial losses caused by amputations. These are compensated under special damages.

These damages aim to financially compensate you for any difficulty or loss you have suffered as a result of your amputation injury. This can include things like:

• Medical costs, such as prosthetic limbs or mobility aids like wheelchairs
• Home adjustments
• Travel costs
• Loss of earnings
• Care costs
• Rehabilitation fees

In order for you to be able to claim special damages, you have to prove that your injury has caused financial loss. This could be through providing evidence like:

• Payslips
• Medical invoices
• Receipts
• Bank statements

We understand that the impact of an amputation can have lifelong effects, not only on your physical and mental health but also on your financial stability.

Our solicitors are experienced in amputation claims and can help you gather evidence to support your case. Contact us to learn how we can assist you.

How Interim Payments Can Assist With Amputation Claims

During your claim, you may incur immediate costs. You might now be facing significant medical expenses, and you may worry about how to cover these costs. This is where interim payments can benefit you.

Interim payments are advance payments taken out of your final compensation amount.

Interim payments could be used for things like:

• Immediate care costs
• Medical procedure costs
• Home adaptations

These types of payments are only awarded in cases with a high chance of a successful claim.

Contact our advisors today to determine if you may qualify for these payments.

What Evidence Will Be Needed For Amputation Claims?

The type of evidence you will need depends on where your accident happened. Usual cases of amputation claims will need evidence like:

• Time and date of the accident
• Dashcam or CCTV footage of the incident
• Details of anyone who is happy to provide a witness statement at a later date
• Medical records
• Any relevant reports, such as police reports or reports from an accident book

Evidence is needed in amputation claims to prove that your injury was caused by someone else’s negligent actions.

Our solicitors can assist you in gathering this information and determining what evidence will be most useful for your claim. Contact us today to learn how we could help you.

Is There A Time Limit For Making An Amputation Compensation Claim?

Yes, the time limit to make a claim is 3 years from the date of the injury.  This is set out in the Limitation Act 1980.

There are exceptions to this time limit that apply to minors and those lacking the required mental capacity. So, if you’re unsure whether your claim still falls within the time limit, please contact us today. One of our advisors will be happy to assist you with any questions you may have.

Legal Expert’s No Win No Fee Amputation Claim Solicitors

Our solicitors work with their clients on a No Win No Fee basis under the terms of a Conditional Fee Agreement, meaning you would not be expected to pay for their services upfront or during the claims process. You also will not need to pay for their completed work, should the claim fail.

If you are successful, a success fee will be deducted at the end of the claim. The percentage of this fee is capped in line with the Conditional Fee Agreements Order 2013.

Our solicitors have decades of experience and can offer assistance in many ways, such as:

• Compiling supporting evidence
• Ensuring that your claim is started within the time limit
• Explaining legal language
• Advocating on your behalf to get the best settlement
• Connecting you with professionals to assist in your rehabilitation

Contact Us Today

We hope that our guide regarding amputation claims has been useful, but if you have any questions or would prefer to speak with one of our friendly advisors about your case, you can contact us by:

• Using our built-in in live chat feature
• Filling out our contact us form
• Calling 0800 073 8804

More Information

Read our other guides on:

• What to do if you’ve had an accident at a theme park
• How to start a dental negligence claim
• How to claim for Whiplash

Useful External Resources

• NHS advice on amputations
• When to report a workplace accident from the Health and Safety Executive
• When to call 999 from the NHS

Thank you for reading our guide on amputation claims.

Have you suffered unnecessary harm due to a prescription error caused by a medical professional failing to provide the correct standard of care? You could be eligible to start a medical negligence claim. We understand that many people want to know how to get started or what is involved in the claims process. That is why we have created this medication error claims guide to break down the key information and make things more straightforward.

We start by outlining the eligibility criteria for starting a claim and the different factors that can influence how much compensation someone might receive. Additionally, we explain how medical error compensation can help support you and take the next step in your recovery process.

Furthermore, we explore how medication errors can occur and the impact they can have on those affected. Then, we detail how to start a claim and what evidence you might need. Finally, we outline how one of our experienced medical negligence solicitors could support you and help secure compensation.

At any point while reading our guide, you can get in touch with our team for free, no-obligation advice. Get started by:

• Calling us on 0800 073 8804
• Enquiring online
• Using the live chat pop-up box

Frequently Asked Questions

1. Who Can Make Medication Error Claims?
2. How Much Medication Error Compensation Could I Get?
3. What Can Compensation Help With After A Prescription Error?
4. How Do Medication Errors Happen?
5. What Impacts Can Incorrect Medication Have?
6. How Can I Prevent Being Given The Wrong Prescription?
7. How To Start My Medication Error Compensation Claim
8. Can I Claim With A No Win No Fee Solicitor?
9. More Information

Who Can Make Medication Error Claims?

Medication error claims can be made by anyone so long as they meet the following criteria:

1. A medical professional owed you a duty of care
2. Their failure to meet their duty caused the medication error
3. This meant that you suffered unnecessary harm

All healthcare professionals automatically owe you a duty of care when they treat you. In short, this duty means that they must provide patients with a level of care that meets the minimum expected standard.

Am I Able To Claim On Behalf Of A Loved One?

Yes, you could claim on behalf of a loved one who cannot legally claim for themselves, namely minors and those with a mental incapacitation. To do so, you would need to take on the role of a litigation friend to act on behalf of the person who cannot represent themselves.

If you have any questions about how to apply to become a litigation friend or would like to assess the eligibility of your claim, please contact our advisory team.

How Much Medication Error Compensation Could I Get?

A medication error that leads to very severe brain damage may result in someone being awarded between £344,150 and £493,000. This compensation range comes from the Judicial College Guidelines (JCG), a document that legal professionals can use in order to assess general damages. These damages compensate for the pain and suffering associated with the harm someone experiences.

We have included a list of compensation brackets below, which come from the JCG. It is important to note that these brackets are not a guarantee of compensation since every case is assessed on an individual basis. Moreover, the first figure is a combination of general damages and financial losses and isn’t sourced from the JCG.

Would you like to know more about how medical negligence compensation is calculated? You can speak to a team member for further information and confidential advice.

What Can Compensation Help With After A Prescription Error?

Compensation for the harm suffered due to a prescription error can also help you recover related financial losses under special damages. For instance, you may need long-term rehabilitation to support your recovery journey. So long as there is evidence like payslips or statements, medical negligence claims can include costs concerning:

• Medical treatment
• Travel to and from medical appointments
• Lost earnings due to time taken off work
• Adjustments made to your home, such as a stairlift
• Professional care or support provided by a family member

If you have any questions about how compensation for medication error claims is calculated or would like a free case assessment, don’t hesitate to contact our advisory team.

How Do Medication Errors Happen?

There are many reasons why medication errors occur. Keep reading as we discuss some of the most common, from dispensing errors to medication being incorrectly prescribed.

Dispensing

A medication error may occur while your medication is being dispensed. For example:

• A pharmacist mixes up your prescription with that of another patient while dispensing medication. As a result, you experience kidney damage after taking the wrong medication
• A nurse incorrectly instructs you to take more than the recommended amount of codeine. Due to this failure, you suffer an overdose that causes serious harm
• A pharmacist does not review what other prescriptions you are taking and give you a dose of penicillin that reacts badly with another medication

Prescription

Medical negligence can also result in errors when prescribing medication. That can lead to scenarios like:

• A doctor fails to read your medical records, which would have shown you have a number of allergies. Subsequently, they wrongly prescribe antidepressants, causing you to go into anaphylactic shock
• A medical professional misdiagnoses your condition by mistaking common bladder cancer symptoms for a urinary tract infection. Consequently, they wrongly prescribe antibiotics and delay a correct diagnosis, allowing the disease to spread before you get the right treatment
• While being treated in the hospital, a nurse misreads your medical records and prescribes the wrong dosage for your medication. As a result, you suffer permanent damage to your liver

These examples cover many common types of medication errors, but please don’t worry if they aren’t similar to your experience. You can talk to one of our advisors about your circumstances and find out whether you could claim medical negligence compensation.

However, before we continue with our guide, it’s important to remember that not all harm is avoidable. There is always some degree of risk in any medical setting, and you may experience side effects from a medication even when you receive the correct standard of care.

What Impacts Can Incorrect Medication Have?

Incorrect medication can have serious short-term effects, but there is also the potential for lasting, avoidable harm. Keep reading for more information.

Short-Term Effects

Short-term effects of medication errors may include:

• Skin rashes
• Vomiting
• Diarrhoea
• Dizziness
• Headaches

Long-Term Effects

In some cases, the impact of a medication error can be long-term. You may experience:

• Chronic kidney impairment
• Liver failure
• Brain damage
• Epilepsy
• Stomach ulcers
• Bowel failure
• Infertility

We understand that these and other health issues can be life-changing. You can reach out to our team at any time to find out how successful medication error claims have helped others move forward with their recovery.

How Can I Prevent Being Given The Wrong Prescription?

No matter what prescription you might get, there are some steps you can take to avoid suffering unnecessary harm due to a medication error. These include checking:

• The name on the prescription
• The name of the medication (if unsure, always ask whether it is correct)
• The leaflet inside the box that describes what it treats and the symptoms
• If it contains ingredients that you are allergic to

Although these measures can be helpful, it is the responsibility of the medical professional to treat you with the appropriate standard of care. To discuss how these standards relate to medication error claims, feel free to speak with one of our advisors.

How To Start My Medication Error Compensation Claim

When starting a medication error compensation claim, you will need to consider factors like evidence and time limits. Read on as we look at the process of claiming for medical negligence.

What Evidence Will I Need?

You must provide evidence to prove that medical negligence occurred and that it caused your suffering. Evidence may include:

• A copy of your medical records
• Photos of the harm
• Contact details of those who may have witnessed the negligence.
• A diary of your symptoms

Our solicitors have years of experience gathering evidence for medical negligence claims. That expertise has ensured our clients have never needed to face this vital task alone.

What Is The Time Limit For Medication Error Claims?

The time limit for medication error claims is typically 3 years from the date that negligence occurred or when you became aware of it. This is in line with the Limitation Act 1980, but there may be exceptions in cases where the person impacted is unable to legally claim for themselves because:

• They are under the age of 18
• Incapacitated and therefore unable to make decisions for themselves

In such cases, the time limit is frozen. As stated earlier in this guide, another person may be able to act as their litigation friend during this pause. Alternatively, they may be able to claim once they are 18 or if they regain capacity. In the latter case, the 3-year time limit would apply from the date that capacity is regained.

You can speak with our team of advisors to find out what evidence you will need and how the time limit applies to your case.

Can I Claim With A No Win No Fee Solicitor?

If you are eligible, you may be able to claim with one of our No Win No Fee solicitors. Through a Conditional Fee Agreement (CFA), a solicitor from Legal Expert would not require you to pay for their work on your case:

• Before it starts
• While it is underway
• If you do not receive medical negligence compensation

However, when our clients do receive compensation for medical error claims, they pay a success fee. This comes out of their compensation, but the fee is small, and the percentage has a legal cap in place that ensures you get the vast majority of what you receive.

Besides the advantages of using a CFA, working with our experienced medical negligence solicitors offers many other benefits. These include:

• Handling negotiations with the aim of securing a fair settlement for you. Our team have already secured over £80 million in compensation for our clients
• Arranging for an independent medical assessment, if appropriate
• Explaining any legal terms or processes that you are unsure of
• Connecting you with specialists, including physiotherapists and psychologists

Contact Legal Expert

You can contact our team of advisors for more information about any topic discussed in this guide. We take a client-focused approach at Legal Expert, so there is no pressure to follow up with us after your enquiry. Get started by:

• Calling us on 0800 073 8804
• Enquiring online
• Using the live chat pop-up box

More Information

You can read our other guides below:

• Find out how to claim compensation for a retained foreign object
• Learn about claiming for breast cancer negligence
• Discover how to claim for midwife negligence

Some external resources:

• Read about the work of NHS Resolution, which is the body responsible for handling claims against the NHS
• Follow NHS guidance on first aid
• Get to know the General Pharmaceutical Council, which provides guidance for pharmacists

Thank you for reading our guide on medication error claims.

Anyone paying rent for social housing expects their landlord to keep the property in a safe and well-maintained condition. However, failure to do so may result in homes becoming hazardous and dangerous, which is why some people make social housing complaints.

By reading this guide, you can learn how to make a complaint against your landlord and how you can potentially claim compensation for any injuries caused by the condition of your social home and the disrepair itself. You can also learn how a solicitor can help with your housing disrepair claim on a No Win No Fee basis.

If you want to speak to our advisors about making a social housing complaint or learn more about claiming compensation, please get in touch with them by:

• Visiting our ‘contact us’ page
• Calling on 0800 073 8804
• Messaging them on our live chat

Jump To A Section 

1. What Is Classed As Social Housing?
2. How Can Tenants Make Social Housing Complaints?
3. What Types Of Issues Can You Complain About?
4. What To Do If Your Landlord Isn’t Responding
5. Can You Take Legal Action Against A Landlord?
6. Get Help From Legal Expert
7. Learn More

What Is Classed As Social Housing?

Social houses are rented from local councils or housing associations at lower rates than houses on the open market. They are rented properties managed by social landlords, offering more affordable housing for those in need.

With the rising cost of living, more people are seeking safe and affordable rental homes. The GOV released accredited statistics regarding social housing lettings in England, showing that between April 2021 and March 2022, 17% of households lived in social housing, and 1.21 million people were on the waiting list for it.  

Council Or Local Authority Housing

Council housing has been fundamental in helping low-income or vulnerable people gain access to a home. It is a form of housing that is owned by landlords within local councils.

Different landlords offer varying tenancy agreements that are binding documents outlining the terms and conditions of the rented property. However, it is the landlord’s responsibility to ensure the house is safe and free from hazards. 

When applying for council housing, you must meet the eligibility criteria. However, each council has a different one. For example, with some councils, you may apply for council housing from the age of eighteen, while with others, you may be aged sixteen.

After sending off an application for council housing, you must join the waiting list and wait to be contacted by the council when a property is available.

Housing Associations

Housing associations are not-for-profit organisations. This means that they are socially charitable and offer houses to those on a lower income who cannot afford private housing.

You may apply for social housing through a housing association if you are:

• Living in bad conditions
• Living with a disability
• Caring for a relative
• Leaving care or armed forces housing
• Homeless

When the housing association gives you a home, your rights within it depend on the type of tenancy agreement you have. However, like with council housing, it is the landlord’s responsibility to ensure the house is kept to a safe standard.

If you are living in social housing that your landlord is neglecting, you are able to make a complaint against them. For more information on how to do this, please continue reading this guide or contact one of our helpful advisors.

How Can Tenants Make Social Housing Complaints?

If you are a tenant of social housing, you have the right to make a complaint regarding the condition of your home to your social housing landlord.

If you notice that the condition of your social housing is not safe, you should first report it to your landlord through their complaints form. This is typically found on their website.

If you do not receive an adequate response or no action has been taken, you should then make a complaint to your landlord. For specific details on how to do this, visit your landlord’s website. However, landlords typically have a 2-stage complaints procedure:

• Stage 1: They must respond within 10 working days of the complaint being logged.
• Stage 2: They must respond within 20 working days of the complaint reaching this stage.

It is your landlord’s responsibility to respond to the complaint and fix the defect within your social home.

What To Do If Your Landlord Isn’t Responding

If you have addressed problems with your landlord through the social housing complaints process they have in place and have not received a response, there are further steps you can take to resolve the issue.

For example, you can escalate this situation to the Housing Ombudsman. If the complaint is referred to them, they will review it and investigate the matter. You can submit a complaint to the Housing Ombudsman by completing their complaint form.

Once a complaint has been made, the following 3-step procedure may take place:

• They will check if they can review the complaint, if so,
• They will explore a possible resolution
• If a resolution is not possible, they will complete a thorough investigation of the complaint

Depending on the outcome of the investigation, the housing ombudsman may send out orders and recommendations to your landlord. This will ensure that your social housing reverts to a safe condition.

If you would like more advice or support in making a complaint against your landlord, please do not hesitate to contact our advisors.

What Types Of Issues Can You Complain About?

As landlords are responsible for keeping homes in a well-maintained condition, there is no limit to the types of social housing complaints you can make against them. The list below provides some examples of the most common disrepairs that residents typically complain about if their landlords fail to address them.

• Damaged or missing roof tiles
• Structural cracks within walls or floors
• Penetrating damp or condensation mould
• Water leaks or roof leaks
• Faulty electrics
• Rotten doors or window frames
• Blocked drains
• Damaged belongings due to disrepair
• No running water
• Faulty boilers

Regardless of the type of disrepair in your home, you should address this with your landlord. It is their responsibility to take action and fix the issue to ensure you are living in a safe house.

If you have any problems with your social housing, you can always contact our advisors to discuss your options. They can explain the best way to address this with your landlord and determine whether you may be eligible to make a claim against them.

Can You Take Legal Action Against A Landlord?

If your landlord failed to fix your damaged social home, you may be able to take legal action against them and claim compensation for the condition of your home.

Under Section 11 of the Landlord and Tenant Act 1985, landlords have a legal obligation to carry out repairs and ensure the maintenance of the drains, gutters and external pipes. They must also ensure that the supplies of water, gas and electricity are kept in proper working order. This includes basins, sinks and baths. They must also ensure that installations for heat and hot water are also in proper working order. 

Therefore, if a landlord fails to fix a disrepair, tenants may make a housing disrepair claim against them to be compensated for the damage to their home and property. 

Can I Claim Compensation For My Injuries?

If a disrepair in your home caused you to suffer an illness or injury, you may be eligible to make a personal injury claim against your landlord if they failed to take sufficient action to fix it.

Under Section 4 of the Defective Premises Act 1972, your landlord may be held responsible for the disrepair and any harm this caused you. However, to be eligible to start a claim against them, you must meet the following claims criteria:

• Your landlord must have known about the housing disrepair
• Your landlord failed to fix it within a reasonable timeframe
• This resulted in you suffering an injury or illness

If the disrepair caused you to move into a new social home, and you meet the eligibility criteria, you might still be able to start a claim against your previous landlord. Please call our advisors for more information about this and to discuss any social housing complaints you made prior to moving.

Claim Time Limits 

Social housing disrepair claims typically have a 6-year time limit under the Limitation Act 1980. This period normally begins from the date you recognise the disrepair.

Our helpful advisors can provide you with more information on the time limit for your housing disrepair claim.

Evidence To Support Your Claim 

When making a housing disrepair claim against your landlord, you must obtain evidence to prove they failed to carry out a repair they were responsible for. If this disrepair then caused personal injury and you are also claiming you this, you will need to prove how your landlord was liable for the injury or illness you suffered.

You can support your claim by collecting the following evidence:

• A copy of your tenancy agreement or any social housing documents
• Copies of your medical records that show how the housing disrepair affected your health (if making a personal injury claim against them)
• Photographs of your injuries, such as a broken leg and photographs of the housing disrepair, such as a leaking roof
• Copies of correspondence between you and your landlord discussing the disrepair, such as copies of any social housing complaints you made along with your landlord’s response
• Witness contact details if they saw the housing disrepair or the effect this had on you

If you are struggling to obtain evidence, we have an experienced team of solicitors who can use their expertise to help you obtain evidence and build your case.

If you wish to start a housing disrepair claim against your landlord, please contact our advisors today. They can explain how you can make a complaint and claim compensation for the damage to your house and the harm it caused you.

Get Help From Legal Expert

At Legal Expert, our solicitors may help you take action against your landlord for the unsafe condition of your social housing. You can also instruct one of our personal injury solicitors to work on a claim for any injuries you suffered due to the disrepair.

We understand that the idea of seeking legal representation may be financially worrying. However, our solicitors offer their services on a No Win No Fee basis, through a Conditional Fee Agreement (CFA). This means that you do not have to pay upfront costs for your solicitor’s work.

If your claim is successful, you must pay your solicitor a success fee. However, this will be taken as a legally capped, small percentage of your compensation. If your claim is unsuccessful, you do not need to pay this. Our solicitors will utilise their professional expertise to ensure that you are awarded the compensation you deserve.

Contact Us

Our advisors are available 24/7 to give you advice on making a social housing complaints or help you start a housing disrepair claim. You can get in touch with them by:

• Visiting our ‘contact us‘ page
• Calling them on 0800 073 8804
• Messaging them on our live chat

Learn More

If you would like to read more information on making a complaint or compensation claim for social housing, you can access the helpful links below:

• A guide on how to make a complaint
• A guide on tenants’ rights to compensation for social housing repairs
• A guide on housing association disrepair compensation

References:

• Information on housing benefits, GOV.UK
• Information on housing disrepair legal obligations, GOV.UK
• Contact NHS mental health services, NHS.UK

We appreciate you taking the time to read this guide that explains how you can make social housing complaints against your landlord and how you may be eligible to claim compensation.