I think I have been poorly treated by the hospital but I want to know the likely level of compensation I would receive and whether legal fees would be paid out of that compensation. Is it worth my while taking action?
In England and Wales, a successful claim for compensation for injury results in an award of money or damages to the claimant, that is you; payment of legal fees is made in addition to compensation, so all of the money awarded to you is paid to the you.
Compensation is based on the pain and suffering endured as a result of injury together with the impact the injury has had. In addition, compensation is given for out of pocket expenses – that is expenses or losses incurred as a result of the injury. These will normally include loss of wages, prescription charges, and the cost of travel to the hospital. In serious cases it will also include cost of care given to you and adaptations to your home, if for example, you are wheelchair bound following the injury.
Each case has to be looked at individually and compensation is based on the person’s circumstances, legal guidelines and previously decided cases.
The following examples give an idea of the likely compensation which might be awarded for pain, suffering and impact on life.
A serious knee injury (where there has been disruption of the joint, severe ligamentous damage, lengthy treatment, considerable pain and loss of function and a fusion of the joint) might be awarded between £40,000 to £55,000. Less serious injuries such as dislocation, torn cartilage, lacerations, twisting or bruising injuries where recovery has been complete, the award is unlikely to exceed £3,250.
Similarly, total or effective loss of one hand might be awarded between £50,000 to £60,000 whereas a minor hand injury such as crush injuries or deep lacerations where there has been recovery within a few months might get £500 to £2,250.
No one claim is ever exactly the same as another and so it is vital you seek legal advice before accepting any offer of compensation for injury.
