As part of your claim, you will be required to participate in a free medical assessment, overseen by a medical expert in orthopaedics. They will assess your injuries and suffering, which will form the basis of the amount of compensation your chosen lawyer will seek to recover on your behalf.

These are known as general damages.

Our medical experts are located across the country and can arrange your assessment for a time, date and location to suit your needs and circumstances.

The below table gives you an idea of how much you can expect to receive for common orthopaedic injuries.

Special Damages In Orthopaedic Negligence Claims

However, it is only fair that the amount of compensation you are awarded takes into account the financial and structural life changes the negligence has on your life.

Additional sums known as special damages are awarded to compensate you when you have suffered additional inconvenient and impairment, including:

• Loss of earnings whilst recovering from your injuries 
• Projected future loss of earnings due to having to change profession or leave the workplace altogether
• Reimbursement of physiotherapy and/ or rehabilitation costs
• The cost of any adjustments made to living accommodation arising from more permanent injuries
• Travel costs to and from relevant medical appointments

Special damages are strictly awarded upon you providing any relevant receipts and proof of expenditure. 

Contact us to find out how our panel of medical negligence lawyers can help you get the most of your claim.

Can I Claim Under A No Win No Fee Agreement?

Being the victim of orthopaedic negligence alone does not mean that you will be able to claim compensation.

The Bolam Test sets out the basic criteria for making a successful claim. 

Under the principles of the test, the doctor surgeon responsible for the negligent medical treatment must owe a duty of care

You must then be able to prove that the duty has been breached.

Finally, you must also be able to prove that this has directly caused you injury or suffering.

Due to the Limitation Act 1980, you must also issue your claim within three years of the date of the negligent treatment.

In cases where you became of the negligence later, the three-year limit begins on the date of knowledge.

However, if the person impacted is under 18 years of age, a trusted family member or adult can act as their litigation friend. 

For minors, the limitation period doesn’t expire until three years after their eighteenth birthday.

Litigation friends can also represent adults who lack mental capacity. 

You can likely obtain funding for your case under a No Win No Fee agreement with a solicitor. 

Under such an agreement, your chosen lawyer would offer legal representation without asking for any upfront payment.

They agree to take this risk of not being paid on the basis that they expect your claim to be successful.

And if your claim is successful, a small percentage will be deducted from your compensation to reflect this.

This percentage is agreed in advance and the amount they can charge is capped by law.