If you third degree tear claim is successful, you will be awarded financial redress. Your settlement will be made up of general damages and special damages. In this article we explore general damages in more detail.
What are general damages?
General damages are awarded to people who make a successful civil litigation claim. This incorporates clinical negligence (medical negligence) claims such as third degree tear claims.
General damages are intended to reflect the pain, suffering and loss of amenity that has been experienced as a direct result of the medical negligence. This pain and suffering can be both physical and emotional. Loss of amenity means the way in which a Claimant’s life has been adversely affected by their injuries.
General damages are therefore supposed to provide some form of recompense for the injuries that have been suffered. Although this will not undo the harm that has been done, it is hoped that it will provide a sense of justice for the victims of medical error.
General damages are just one element of a Claimants’ compensation settlement. A Claimant will also be awarded a sum for their special damages, which reflect the actual financial loss that has occurred because of the medical negligence.
General damages for third degree tears
If you are making a third degree tear claim, your solicitor will suggest an appropriate sum of general damages that reflects the injuries you have suffered.
To ensure you are awarded the right sum of general damages, your solicitor will need to establish the full extent of your injuries. To do so, your solicitor may ask a medical expert to write a condition and prognosis report. This will provide an independent opinion as to the injuries you have suffered, the impact these have had on your life, and the prospects of recovery.
Your solicitor will also seek advice from a barrister who specialises in clinical negligence claims. The barrister will evaluate your injuries against judicial guidelines for general damages, suggesting how your case compares to claims that have previously been settled.
Once all the evidence has been obtained, your solicitor will be able to make an informed decision as to a suitable sum of compensation. The more severe your injuries are, the higher your general damages will be.
Claim compensation today
If you would like to claim compensation for a third or fourth degree tear, please get in touch with us today.