How much compensation for a birth injury claim?
The amount of compensation awarded for a birth injury claim will vary from case to case. Your settlement will depend upon the extent of pain and suffering you have experienced, and the amount of money you have lost. These are known as your general and special damages.
1. General damages
Your general damages are intended to reflect the level of pain, suffering and loss of amenity you have endured because of your birth injury. Loss of amenity means that your quality of life has been adversely affected.
The amount of general damages you receive will therefore depend upon your individual circumstances. If you have been left with a colostomy bag, your level of emotional pain may be very high, while your quality of life will be severely damaged.
Your solicitor will assess the extent of your injuries, using a medical expert report as guidance. He or she will then suggest a sum that suitably reflects the physical and emotional harm you have come to.
2. Special damages
Your special damages are intended to recover the acutual financial loss you have incurred because of the medical negligence. This can cover a wide range of things, including loss of earnings (for both you and your partner), the cost of medical treatment, and the expense of travelling to receive medical treatment.
Your solicitor will calculate everything you have lost in a schedule of special damages. You can assist with this document by keeping a record of the money you have spent, and keeping any relevant receipts.
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The sum of general and special damages will then be added together to create a compensation settlement that is appropriate for your situation. Although this will not reverse the damage that has been done, it will provide you with a form of redress. This helps many birth injury victims feel they have achieved a sense of justice, and will undoubtedly provide some much needed financial support while you are on the road to recovery.
If you believe you could be entitled to compensation, you simply need to contact a solicitor who specialises in birth injury claims. At Glynns Solicitors we have a wealth of experience in such cases and have helped many women get the financial redress they rightfully deserve.
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If you, or your family member, has suffered a birth injury tear, please call us now for free, no obligation advice on 0800 234 3300 (or from a mobile click to call 01275 334030) or complete our Free Online Enquiry.