Is it possible to recover lost earnings if I claim compensation for a head injury in a hospital? I have not been allowed to work after I fractured my skull in a fall at the hospital and have not received any sick pay.
It is important that eligibility to claim compensation for a head injury in a hospital is confirmed first by a personal injury solicitor. Although you suffered a fractured skull in a fall, it does not mean you are automatically entitled to pursue a head injury compensation claim.
A claim for an injury to a head in hospital will only be possible if your injury was sustained as a direct result of negligence by hospital management or staff and they failed to provide you with a duty of care. When you consult with a solicitor, this is the first thing that must be determined before the value of your claim can be assessed.
Provided that a claim for compensation for a head injury in a hospital is possible under the circumstances, it will be possible to recover any expenses you have incurred as a result of the injury under a claim for special damages. The purpose of special damages is to return your financial position to what it was before the accident and injury occurred.
Therefore any cost you have incurred or will have to pay in the future due to your injury can be included under a claim for special damages. Generally these costs will include medical expenses, the cost of using alternative transport if you are unable to drive as a result of your injury, loss of earnings and in more serious cases, altercations to your home.
In order for expenses to be recovered when you claim for an injury to a head in hospital, you must have receipts for these costs. Payslips from previous months when you worked will need to be supplied to claim for lost earnings.
A solicitor is in the best position to advise you on the potential value of a head injury compensation claim. They will have access to your medical results after you have a professional medical examination and will be able to advise you on any future costs that may arise as part of your recovery that can be included in your compensation claim.
When these and other factors have been established and your expenses have been calculated, you will be told the value of your claim for compensation for a head injury in a hospital.