ERBS PALSY COMPENSATION CLAIMS

SOLICITORS CLINICAL NEGLIGENCE COMPENSATION HELPLINE 0845 180 0573

The purpose in pursing an Erbs palsy compensation claim is almost inevitably about money. Whilst a cash award cannot ever fully compensate for any personal injury it can in most circumstances ensure that the quality of life of the victim, especially a child victim, is improved usually both in the short term and in the long term. The amount that can be claimed is inevitably a compromise as there is no real way of determining what a reasonable sum would be for the pain and suffering of the injury however the more mundane part of most awards which is often the greater part of an award relates to items that can be calculated with a degree of accuracy and these include expenses, potential disadvantage on the job market and care particularly for those who are severely affected.

The sums that can be awarded in Erbs palsy compensation claims varies from tens of thousands of pounds for those who have a relatively minor disability to a figure potentially exceeding 100,000 for those who are severely disabled and as a result are disadvantaged both socially and economically. In its simplest form compensation consists of a lump sum, awarded to the victim, with no ties or conditions except in the case of a minor claimant where the cash must be held in court until the minor reaches the age of majority however a parent or guardian can make application to the court for sums to be paid out of the fund in advance of the eighteenth birthday for important items to benefit the minor. Any awards from the fund can only be authorized by a Judge and are usually restricted to matters which benefit the education of the child although the Judge does have discretion to make any award on the grounds of hardship.

There are a number of items that can be claimed for in an Erbs palsy compensation claim and for the sake of convenience lawyers divide these items into several categories the two most important of which relate to those items that can be calculated on a mathematical basis with a degree of certainty and those items that have to be assessed and depend on the discretion of the judge who is guided by his own experience and on the basis of previously decided awards of damages in cases on behalf of other claimants. In addition a sum is often awarded in regards to interest on the damages which can be substantial as these cases often take many years, sometimes as long as ten years, to resolve due to the inevitable intransigence of the insurers who indemnify the medical profession. There is rarely a straightforward erbs palsy medical negligence case and most are defended initially with some being settled prior to the actual trial of the issues:-

      General Damages

          This item represents compensation that must be assessed either in full or in part by the Judge, the most important part of which usually relates the issue of pain and suffering. In addition a judge may make an award for potential estimated loss of earnings based on disadvantage on the job market in the future and can also compensate for loss of amenity or the loss of a potential lifestyle or congenial employment. Many of these items are difficult and contentious issues in regards to an Erbs palsy compensation claim and the defendants insurers will inevitably make any number of unacceptable offers prior to matter being actually listed for trial by which time common sense often prevails with more realistic offers being made and often accepted at the court door.

      Special Damages

          This item represents compensation for items that can be calculated accurately, with mathematical certainty and need no assessment by a judge. These sums usually relate to expenses actually incurred as a result of the medical negligence and include not only expenses in regards to basic care which can cover traveling to and from hospital, the cost of medication, nursing care, rehabilitation costs or any aids necessary but can also include sums for modifications to property.

      Interest

          It is possible to claim interest on certain items however the rates are set by the court as opposed to commercial interest rates and different rates are awarded for different periods of time dependant on the category of the award of damages upon which interest is sought and applied.

SOLICITORS CLINICAL NEGLIGENCE COMPENSATION HELPLINE 0845 180 0573

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