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3 December marks the United Nations International Day of Persons with Disabilities. This year we reflect on how compensation from medical negligence claims can support disabled claimants to live the best quality of life post-injury.
For most of our clients, life after medical negligence is irrevocably changed. They do not feel like the same person. They may find themselves grappling with a new identity label – disabled. Over 80% of disabled people in the UK acquire their disability at some point during their lives. Adjusting to life with a disability can be challenging, and may bring emotional turmoil as well as practical and financial challenges.
Bringing a legal claim for medical negligence can be hard. Claims may take several years to conclude. Claimants are compelled to revisit often traumatic memories of the medical events that led to their disability. Reading opposing evidence by defendants can be painful.
So, what motivates people to pursue legal action, if it appears they have a viable case?
Reasons broadly fall into two categories and reflect the two stages of a claim.
Firstly, establishing liability. We support clients to understand the cause of their injury as far as possible. A successful claim will prove on the balance of probabilities that the defendant’s breach of duty caused their injury. Obtaining legal recognition of fault can go some way to providing closure for clients and give them a sense that justice has been obtained.
Secondly, providing compensation. We enable clients to recover past losses incurred as a result of their injury, such as loss of earnings and expenses, receive compensation for the pain, suffering and enjoyment of their life and finally, we look to the future and seek to ensure the financial needs arising from their injury will be covered.
What future costs can claimants obtain compensation for?
We instruct experts across a multitude of disciplines to assess what provisions clients will need for the rest of their life as a result of their injury. These inform the value of this aspect of the claim.
Depending on the needs of our client, this may include compensation for:
- Future medical treatment
- Aids and equipment
- Care and case management
- Physiotherapy
- Occupational therapy
- Psychotherapy
- Assistive technology
- Specialist education
- Speech and Language Therapy
- Accommodation (home adaptations or new house purchase)
- Travel and holidays
- Deputyship (to manage legal and financial affairs if the client does not have the requisite mental capacity to do so)
Our clients and their loved ones face many challenges following their injury. Recognition of liability by the hospital trust, or other applicable defendant, and the receipt of compensation cannot reverse the myriad of devastating impacts such an event triggers. However, in our experience, the process can assist clients in moving forward and unlock the door to a brighter future. It is this ambition, to secure the best possible future quality of life for our clients, that drives us every day at Kingsley Napley.
Further information
If you have any questions regarding this blog, please contact Chloe Jacot in our Medical Negligence and Personal Injury team.
About the author
Chloe is an Associate in the Medical Negligence & Personal Injury team. She supports clients across of range of legal claims. She has particular experience in litigating birth and spinal injuries.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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