Blood Clot or DVT Compensation Claims
If your life, or the life of a loved one, has been affected by a blood clot injury, we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
Blood clots can be triggered in a range of circumstances. Quittance's panel of solicitors have assisted with medical negligence claims and claims for blood clot injuries caused while travelling on holiday.
One of the most common, and most serious, forms of blood clot injury is Deep Vein Thrombosis, or DVT,
People suffering from DVT can experience uncomfortable symptoms and life-threatening complications if not treated in time.
Whether a person suffers unnecessarily from Deep Vein Thrombosis as a result of medical negligence or under other circumstances, they should be able to claim for compensation.
Do I have an injury claim?
As a basic rule, you will be eligible to make an injury claim if your injury occurred:
- in the last 3 years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.
Can I claim if the blood clot or dvt made an existing injury worse?
Yes, although demonstrating this can be more difficult, so legal and medical advice should be sought as early as possible.
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for an injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Can I claim for an existing blood clot or dvt that has got worse?
Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.
Calculate my injury compensation
Calculating how much compensation you can claim for an injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your injury claim could be worth now:
How long does a blood clot claim take?
The length of time needed to secure compensation for a blood clot can vary considerably.
A simple liability accepted injury claim could be settled in a month or two. If liability is denied, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information, see: How long will my claim take?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
The facts on DVT
DVT affects approximately 1 in 1,000 people every year in the UK. Defined as ‘the formation of a blood clot in a deep vein', it usually occurs in the leg or pelvic area.
Although anyone can be affected by DVT, there are a number of risk factors - such as smoking, surgery or inactivity - which can increase the likelihood of someone developing it.
An increased risk of DVT does not mitigate the duty imposed on medical professionals. A medical practitioner's failure to recognise or treat DVT where higher risk factors are present may still amount to negligence, entitling a patient to compensation.
According to BUPA, the main symptoms of Deep Vein Thrombosis include:
- Swelling in the affected area
- Pain and tenderness
- Warm skin that looks red
- A mild fever
If left untreated, DVT can lead to serious complications. One of the main complications is pulmonary embolism. This occurs when the blood clot breaks off and travels to the lungs. Symptoms include breathlessness, chest pain and collapsing.
Other complications include post-thrombotic syndrome. This occurs when the clot damages the vein valves, causing pain, swelling and ulcers.
How should Deep Vein Thrombosis be diagnosed and treated?
By a doctor
One of the key steps in treating DVT, avoiding further complications, is getting a correct diagnosis. A person suffering with the above symptoms should visit their GP as soon as possible. It is then the GP's job to decide on the cause of the symptoms.
If Deep Vein Thrombosis is suspected, the patient should be referred to hospital for a D-dimer test, a Doppler ultrasound test or a Venogram. These can all help detect blood clots in the veins.
If detected, anti-coagulant medication, such as warfarin, may be prescribed to thin the blood and prevent further clotting.
GPs should also be actively involved in assessing a person's risk of developing DVT. A person it at higher risk if they are:
- A smoker
- Flying long haul (over 4 hours)
- On the contraceptive pill
- Suffering from a condition that makes their blood clot more readily
In these instances, appropriate monitoring and measures should be taken to avoid Deep Vein Thrombosis developing.
Any failure by the GP - whether an inadequate risk assessment, a misdiagnosis or a failure to prescribe correct medication in time - is a legitimate basis for a compensation claim based on negligence.
In a hospital
Hospitals have a duty to prevent patients developing DVT whilst in their care.
Surgery and some medical treatments can increase a person's risk of developing Deep Vein Thrombosis, so adequate checks should be made to reduce this risk where possible. Procedures should also be in place to identify and treat DVT as early as possible if the condition does manifest.
The National Institute for Clinical Excellence (NICE) recommend a comprehensive list of medical checks and preventative actions that should be taken within 24 hours of admission. This includes:
- Carrying out sufficient medical tests
- Regarding surgical patients with trauma as being at increased risk of DVT
- Taking into account other general risk factors e.g. age, weight etc.
- Giving the patient anti-clotting medication before and after surgery
- Ensuring the patient wears compression stockings
- Providing a mechanical pump to be used on the legs after an operation
If a hospital, or its staff, fail to act according in preventing Deep Vein Thrombosis and further complications, they can also be liable for unnecessary personal injury and suffering based on negligence.
How can medical negligence by proven?
In order to win compensation, it must be proved that a doctor, hospital or its medical staff acted negligently.
First it must be shown that the treatment received by the claimant was sub-standard, for example a doctor misdiagnosed swelling in the leg or a hospital did not carry out an adequate risk assessment pre-surgery.
Secondly, it must be proved that the claimant suffered as a direct result of the sub-standard treatment - for example, proving that a pulmonary embolism was the direct result of a delay in diagnosis of DVT.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee, no risk
Under a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without the worry of upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee guarantee
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making an injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.