Cancer
compensation claims

If an illness has set you back, we'll help you move forward

If your life, or the life of a loved one, has been affected by cancer, we can help.

When cancer develops due to environmental exposures or occupational hazards, you may be able to claim compensation for treatment costs, lost earnings, and personal suffering, especially when linked to negligence.

You can make a cancer compensation claim with the help and support of a personal injury solicitor.

You are not alone

Approximately 3,200,000 NHS patients received cancer treatment in 2021-22 (england.nhs.uk).

Awareness of cancer and its symptoms has improved enormously in recent years. High profile sufferers and media campaigns have helped to raise awareness of the importance of early screening for the condition as early as possible.

According to Cancer Research, the survival rates for cancer have improved dramatically. The number of people who manage to overcome cancer has doubled in the past 40 years.

Many thousands of people are diagnosed with cancer each year (over 367,000 in 2017), and their ability to recover is often dependent on early diagnosis and treatment.

If you decide to make a cancer claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Early diagnosis

If cancer is discovered early, it is much more likely that the patient will recover and continue to have a normal life expectancy. Cancer that has spread to other parts of the is much more difficult to treat, so early diagnosis can dramatically alter the potential prognosis for the sufferer.

Cancer Research states that:

• 9 in 10 patients who are diagnosed with bowel cancer at the earliest possible stage recover and survive for at least 5 years.
• Over 90% of women who receive an early diagnosis of breast cancer survive past 5 years.
• In excess of 90% of women who are diagnosed early with ovarian cancer reach the 5 year survival point.
• 70% of people who are diagnosed with lung cancer in the earliest stages survive at least 5 years.

Late or delayed diagnosis

If you approach your GP with symptoms that could be ascribed to cancer, it is vitally important that you are referred to a specialist and for testing. Unfortunately, some cancers produce symptoms that could be attributed to other conditions, and this is where errors can occur.

If your GP has any doubt that any of your symptoms could be caused by cancer, he or she has a responsibility to ensure that all necessary precautions are taken to protect your health.

If there has been a delay in diagnosing cancer, it may be that your prognosis is affected by this. If an earlier diagnosis could have resulted in less invasive treatment, or could have halted the spread of a cancerous tumour, you may be entitled to claim compensation for medical negligence.

Doctors have a responsibility to investigate all symptoms, and all possible causes of those symptoms.

Misdiagnosis

Misdiagnosis of cancer can have a significant impact on your recovery, and on the length and quality of your life. If the doctor or specialist discovers abnormalities, he is duty bound to investigate further and arrange appropriate testing. Failing to do this can cause misdiagnosis, which can be very traumatic as well as dangerous for the patient.

If a doctor has conducted a biopsy or other tests to detect cancerous abnormalities, he then has a responsibility to act appropriately. Acting appropriately includes ensuring that the patient is fully informed of the results of tests, and that appropriate treatment is given in a timely fashion.

Doctors who fail to act appropriately in the wake of cancer testing or diagnosis may be liable for a clinical negligence claim.

How much compensation can I claim for a cancer?

The amount of money you could claim will depend on:

• the severity 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.

General 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.

How is compensation calculated if I have multiple injuries?

Special damages

If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.

These damages will also cover the cost of any medical procedures you might need to treat or recover from your illness such as surgery, chemotherapy, radiation therapy and immunotherapy.

Read more:

A complete list of recoverable losses in a personal injury claim

Average cancer general damages compensation

The following cancer payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Work
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negligence

Other
accidents

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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.

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Author:
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.