The value of a claim

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Who are BL Claims Solicitors

BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

We are rated as one of the top firms in the UK and believe in speaking to our clients in jargon-free language and ensuring you're speaking to a highly qualified lawyer right from the outset

"I'm not doing this for the money" is something that as a clinical negligence solicitor I often hear from my clients. 

Unfortunately for the clients who say it, and who hope perhaps for an apology or assurance that what happened to them will not happen to anyone else, money is generally all they will receive at the conclusion of their claim. Whilst sometimes an apology is forthcoming, and sometimes changes are put in place to ensure that negligent events do not repeat themselves, this is not always the case. Damages are therefore often the only remedy available for someone injured as a result of negligent medical treatment.

The aim of damages is to put the claimant back into the situation they would have been in had the negligence not occurred. This means taking into account all of a claimant's losses and expenses incurred as a result of their negligent treatment, from the past and any that are likely in the future. 

One of the most frequent losses claimed is lost earnings. Claimants are often unable to work because of their injuries. Some injuries may prevent returning to work at all, whilst others may mean that a change of career is necessary, which may mean earning less money. 

Another frequently claimed loss is additional travelling expenses. These might be incurred in attending medical appointments that are only necessary because of negligent treatment having been provided, or there may be costs incurred by relatives who visit a claimant during an inpatient stay. It is also possible to recover damages in respect of additional care and assistance required. Claimants may need help, perhaps from friends or family members, with things that they would otherwise have done unassisted. This may include household tasks like cleaning, DIY and gardening, or personal care tasks such as washing and dressing. Where professionals are employed to do these tasks the amount claimed will most likely be the actual costs incurred, but where friends or family assist, damages can be claimed at standard hourly carer rates.

Damages can also be recovered for any other miscellaneous costs incurred. These may include aids or equipment purchased to assist with a disability, or the cost of medication or any medical treatment. If medical treatment is likely to be required, the cost can be claimed on the basis that treatment will be provided privately. 

Damages for can only be claimed where the claimant has suffered an injury they would not otherwise have suffered. Damages are also awarded for the injury itself, which is valued by considering published guidelines and the awards made in previously decided cases concerning similar injuries.        

Valuing a claim accurately can be very difficult, but it is important in order to ensure that claimants receive a fair settlement for their claim, whether that includes an apology or not.

 

BL Claims Solicitors are here to help

If you would like to talk to someone and discuss a potential claim please call us on 0344 620 6600 anytime between 8am and 6pm Monday to Friday, or if you would prefer you can email us at info@blclaims.co.uk