Epilepsy
compensation claims

If medical negligence has set you back, we'll help you move forward

Epilepsy developed or worsened due to an injury or medical negligence could entitle victims to financial compensation. Compensation may be awarded for medical care, financial losses and the broader impact on your life, including any necessary changes in employment or lifestyle.

If your life, or the life of a loved one, has been affected by epilepsy, we can help. You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

You are not alone

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 decide to make an epilepsy claim, your medical negligence 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.

Do I have an epilepsy claim?

Medical negligence claims differ from personal injury claims. To make a successful epilepsy claim your solicitor will need to establish:

• a medical professional breached their duty of care towards you, and
• this breach caused you to suffer harm or injury

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long do I have to make an epilepsy injury claim?

For an epilepsy claim, you usually have 3 years to make a claim from the date you became aware of the negligent treatment (date of knowledge).

If you are under 18, a parent, guardian or adult 'litigation friend' can make a claim on your behalf. Once you turn 18, you have until your 21st birthday to start a clinical negligence claim.

Get an impartial opinion

To get impartial advice on whether you have a claim, speak to an injury claim expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

How much compensation can I claim for an epilepsy?

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.

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

Special damages is compensation awarded to cover any financial losses and expenses you incur as a result of your epilepsy or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your medical treatment expenses, that might include anti-seizure medication, lifestyle changes and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

Who can make an epilepsy 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.

What can I claim compensation for?

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.

Epilepsy compensation for the impact on a person's job and lifestyle

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.

What happened?

Claiming compensation depends on the circumstances of your injury. Click the icons below for read more:

Work
accidents

Public
places

Road
accidents

Medical
negligence

Other
accidents

FAQs

How long does an injury claim take?

What are my chances of winning my claim?

Will my claim go to court?

Can I claim for someone else?

How long do I have to make an injury claim?

What if a child was injured?

How we can help you with your medical negligence claim

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 medical negligence claims.

• FREE
  consultation
• Find out
  if you can claim
• No obligation
  to start a claim

Handled with the utmost professionalism... extremely kind, courteous and empathetic.

The Good Solicitor Guide

£100,000 award for delays in hospital treatment

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Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.