Epilepsy compensation claims
This guide considers what you need to know about making a successful epilepsy compensation claim.
One in every 103 people in the UK has epilepsy. Every day 87 people are diagnosed with the condition. If you have epilepsy that you think was triggered by an accident that was not your fault, you may have grounds to make a compensation claim.
If your epilepsy was misdiagnosed or mistreated, you may be able to make a medical negligence claim. Quittance's panel of solicitors have assisted with epilepsy claims, and will be able to advise you on the best way to proceed with your individual case.
If you have suffered epilepsy in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
Epilepsy as a result of injury
If a person has been diagnosed with epilepsy as a result of an injury that was not their fault, they may be able to make a claim. The claimant must be able to prove that the accident was the fault of a third party, such as an employer or an individual, in order to make the claim against them.
Epilepsy medical negligence
If an individual has been misdiagnosed or mistreated for an existing epilepsy condition, they may be able to make a medical negligence claim. The claimant will need to prove that the medical professional failed to correctly diagnose or treat the epilepsy condition when another doctor would reasonably have made a correct diagnosis. It must also be shown that this mistreatment or misdiagnosis resulted in further suffering.
I have a strong claim - why won't a solicitor take it on?
The Courts recognise that epilepsy is a condition that can negatively affect an individuals quality of life. Seizures and convulsions can lead to further injuries, and can continue to occur for the rest of a persons life. People with the condition may be prohibited from certain activities like driving.
Depending on the severity of seizures or fits experienced due to epilepsy, there are two different types of epilepsy accident claim as defined by the Judicial College. Although these terms may no longer be used by medical professionals, they are still recognised by the Courts for the purposes of calculating epilepsy compensation:
Grand mal epilepsy accident claims
Grand mal epileptic seizures are the most severe types of seizure an accident can cause. They are also known as tonic-closure seizures.
Petit mal epilepsy accident claims
These are lesser types of seizures, also known as absence seizures such as staring spells or absence of mind which happen over short periods less than 15 seconds.
People who have been diagnosed with epilepsy due to medical negligence or injury could claim for the effect on their quality of life. People with epilepsy can find that the condition affects their ability to continue with regular activities such as driving or going to the cinema.
Certain activities, like going to night clubs or music festivals, that a person previously enjoyed, can bring on seizures due to strobe lighting. SCUBA diving may be prohibited due to the risk of having a seizure under water.
A claimant can also claim for the impact the condition has on their ability to work. Certain jobs like driving trains, lorries or operating machinery are prohibited for people with epilepsy, due to the risk of them having a seizure at the wheel.
General and special damages for epilepsy
Part of the total amount of compensation a claimant is entitled to is calculated depending on the type of epilepsy and whether the condition is expected to be permanent or temporary. This portion is called 'general damages'.
A claimant also will receive compensation, in the form of 'special damages', for the impact epilepsy has had on their life. The effect the condition has on a person's quality of life will depend on to what extent epilepsy restricts the persons ability to perform their job, or enjoy hobbies and other interests.
A No Win, No Fee agreement, referred to as a Conditional Fee Agreement (CFA), comprises a crucial part of a personal injury claim.
A CFA explains the work your solicitor will provide in addition to a percentage success fee to be taken from the damages when they win the case.
Selecting a Quittance personal injury solicitor, you will be able to focus on your rest and recovery, knowing that there will be absolutely nothing to pay if your claim is unsuccessful.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Quittance Legal Services' nationwide panel of solicitors help injured people with all types of clinical negligence claims and have a wealth of expertise with fast track, complex and catastrophic injury claims. Selected because of their winning track record, our lawyers have years of dedicated experience.
About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
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