Epilepsy Negligence &
Misdiagnosis Claims

Key advice when you claim for epilepsy

• You have up to 3 years to start a claim, from the date you learned of the cause of your epilepsy.
• All healthcare providers have a duty of care to ensure patient safety and prevent harm.
• Employers owe a duty of care to protect their staff from avoidable exposure to harmful chemicals and other hazards.
• You can pursue a claim if an employer or medical professional's negligence caused (or worsened) your illness.
• The amount of compensation you can claim depends on the severity and frequency of your epilepsy symptoms, and on any financial losses or expenses. Use our compensation calculator to find out how much you could receive.
• You can claim for lost future earnings if your condition has affected your job prospects.
• You're eligible to claim under a no win, no fee agreement.

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 No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

With over 600,000 Britons diagnosed with epilepsy , you are not alone

Over 625,000 people in the UK have epilepsy, which is around 1 in 107 people (youngepilepsy.org.uk). 2023-23 NHS data identified 50,352 epilepsy-related hospital visits and over 35,000 admissions.

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. 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 need to move forward.

If you need information on epilepsy, visit: epilepsy (nhs.uk).

What if my injury was diagnosed months or years later?

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 epilepsy?

The level of compensation you can claim for epilepsy will depend on:

• the seriousness of your illness,
• the effect your illness has on your daily routine and work life,
• any financial liabilities or costs you?ve incurred from your illness.

General damages are awarded for pain, suffering and loss of amenity (PSLA).

The courts recognise that epilepsy is a condition that can seriously affect your quality of life. Seizures and convulsions can lead to further injuries, and can continue to occur for the rest your life. People with the condition may be prohibited from certain activities like driving.

Depending on the severity of seizures 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.

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

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

How is compensation calculated if I have multiple injuries?

Average epilepsy compensation payouts

The following epilepsy payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

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

Epilepsy

Do I have an epilepsy claim?

You can claim compensation for epilepsy, if:

• you were made ill in the last 3 years, and;
• another person was at fault, and;
• that person had a legal duty of care to safeguard you from harm.

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.

Who can make an epilepsy claim?

If you've been diagnosed with epilepsy due to an injury caused by someone else's negligence, you may be eligible to make a claim. Your solicitor will need to demonstrate that your accident was someone else’s fault, such as an employer, road user, or another individual.

In cases where epilepsy was due to a misdiagnosis or negligent medical treatment, you may have grounds for a claim. You solicitor will have to prove that the medical professional involved failed to correctly diagnose or treat your epilepsy when another doctor would have reasonably made a correct diagnosis.

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.

What factors affect the epilepsy claims process?

The process for making a claim varies with how your epilepsy developed. Click the icons to learn more.

Work accidents Public places Road accidents Medical negligence Other accidents

Sources

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. 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.