Clinical Negligence - Damages

General Damages encompass any claim for personal injury, more precisely 'pain, suffering and loss of amenity'.Claims for General Damages generally require evidential support by way of expert medical evidence demonstrating the nature and extent of injury.

It is sometimes the case that due to the ongoing nature of injuries it is not possible to conclude a case until medical evidence can be obtained containing a definite opinion and prognosis, however in the meantime it is sometimes possible to secure a Voluntary Interim Payment on account of final damages, alternatively an application for an Interim Payment can be made to the Court in certain circumstances.

If there is a risk of a particular complication developing at some point in the future then sometimes an award of Provisional Damages is made, however that is relatively rare. Special Damages encompass claims for losses and expenses and commonly include such items as loss of earnings, care and assistance, medical expenses, travel and parking. If you have the misfortune to sustain an injury in an accident or due to clinical negligence then it is a very good idea to keep a diary record, not only of your symptoms and treatment but also of any additional expenses incurred in consequence of that injury. Also, please be sure to retain all relevant receipts and invoices.

It is very helpful if when instructing us you include copies of all prior complaint correspondence; a short chronology of events together with a breakdown of your losses and expenses.

More information

• Overview
• Funding
• Contacts Expertise
• Legal Test
• Damages
• Time Limits
• The Process