The question of “how much is my claim worth” is one of the most common questions that we are asked to answer as lawyers. Experienced lawyers may be able to provide you with an estimate based on prior similar cases however, until your case is investigated and expert evidence is obtained, it is impossible to know with certainty exactly what your case is worth. Each case must be assessed on its own merits.
The law aims to put you back in the position you would have been in if there was no negligence. You may be entitled to compensation for pain and suffering, care & assistance, loss of wages and ability to work and treatment expenses.
Pain and suffering
In terms of pain and suffering, the law provides a maximum amount that can only be awarded in the most extreme case. For example, a quadriplegic child with a brain injury may be considered the most extreme case in the eyes of the law. The current maximum amount that somebody who is considered the “most extreme case” (in NSW) can be awarded is $658,000.
There is another legal burden in obtaining damages for pain and suffering and that is, your pain and suffering must be considered to be at least 15% of the most extreme case in order for you to become entitled to pain and suffering compensation. Further, damages are awarded on a “sliding scale”. For example, if you are 15% of the most extreme case then you are only entitled to 1% of the maximum amount of $658,000 in compensation for pain and suffering.
Care & assistance
Care and assistance is called “attendant care services” and unpaid care and assistance is called “gratuitous attendant care services”.
In order to claim damages for “gratuitous attendant care services” you must prove that you reasonably required the assistance because of your injuries and that the assistance would not have been provided if the injury was not suffered. Additionally, you must have been receiving the gratuitous care and assistance for at least six hours per week for six months.
Loss of wages
You may be entitled to compensation for past and future economic loss. This includes money that you were unable to earn in the past as a result of your injuries as well as future loss of earnings. For example, you may have taken large amounts of time off work as a result of your injuries or you may not be able to perform the same job and earn the same amount of money as you would have if the negligence didn’t happen.
You can claim compensation for past and future treatment that you require as a result of the injury. For example, if you underwent negligent surgery and you require further surgeries and physiotherapy to put you back in the position you would have been in, if not for the negligent surgery, then the costs of that treatment can be claimed.
Get in touch with us
The medical negligence team at Turner Freeman will ensure that the maximum amount of compensation that can be claimed for you is claimed.
If you are considering bringing a medical negligence claim, it is important to obtain legal advice from solicitors who specialise in medical negligence. At Turner Freeman we have a team of lawyers who specialise in medical law claims.
If you or someone you know has suffered as a result of medical negligence we encourage you to call us on 13 43 63 to speak with one of our medical law experts. We will treat your enquiry and all information you provide confidentially.