Being rightfully compensated for the injury done to you or a person whom you love is the first step to moving on and starting life anew. Discussed below are some of the essential aspects of a successful hospital negligence compensation.
Kinds of Compensation
In general, courts will award moral and actual damages to clinical negligence victims.
Moral damages are based on the pain and suffering suffered by the victim. Because there is no statute in our jurisdiction providing for fixed compensation amounts, damages for pain and suffering are largely based on decisions by the House of Lords.
Actual damages, on the other hand, can be approximately determined. Actual damages refer to the past as well as future cost of the resulting injury.
Past costs may include the following:
- Treatment costs–This may include the cost of procuring equipment, medication and services for treatment and rehabilitation.
- Loss of income–This includes, but is not limited to, the number of work days lost.
- Other financial expense–This can cover travel costs and the expense of procuring assistance from a caregiver.
Future costs include any estimated expenses from the above and is calculated based on:
- Severity of injury–The amount is higher when the injury is not only physical but psychological as well. If the victim suffers depression or trauma due to the injury, a higher compensation amount for future cost should be expected.
- Injury forecast–Compensation shall be influenced by the permanency of the injury. If the injury is not permanent, the court will take into consideration the extent of the on-going daily treatment that will be required for days to come.
- Life quality–The court awards additional damages if the injury causes the victim not to enjoy activities he was able to prior to the injury; for instance, the court will award more compensation to a music enthusiast who can no longer play a piano due to the injury.
How is compensation calculated?
Before your case is heard by the court, your solicitor should have already arrived at an estimation of your compensation. The clinical negligence solicitor will base his calculation from advice from experts, including physicians, physical therapists, employment advisors, architects, and accounting experts.
To ensure that you get the compensation that is rightfully due to you, you should keep track of the expenses that you incur. Keeping a diary for this purpose is advisable. Tally your expenses in an orderly manner and include corresponding receipts (if possible).