A guide to collecting evidence of your financial loss - travel expenses, care claims and other lossesFebruary 06, 2017
We set out some additional guidance as to what you can do to help evidence your other financial losses.
If you have been travelling to and from hospital because of an injury sustained from medical negligence, or your general travel arrangements have had to change because of your injury, making you financially worse off, you will be able to claim for this loss.
To calculate petrol costs we can do so on a pence per mile basis, but keeping a record of all your journeys can prove invaluable when evidencing this cost later on.
In addition, if you can retain receipts of any expenses such as parking costs, bus/train tickets, taxi fares etc., this can be very useful in proving your loss.
The more evidence you have the more likely you are to recover your losses in full.
When you think about care costs you might imagine we meant district nursing care or hired help. However, care can be claimed at an hourly rate for anyone who is caring for you, even if they are a family member, a friend or a loved one, so long as you can prove that had it not been for your injury sustained as a result of medical negligence, you would not have needed that care.
If you have been a victim of medical negligence and you are receiving care from someone as a result, , the best evidence you can gather is to start a diary keeping a note of everything that they do for you that they would not have done had you not been injured, and how long it takes them. This might seem laborious but even if you keep a diary for a week and then just make a note that the situation remains the same, then record it again if the situation changes, you have a useful record that can help prove that loss.
This is because it can be difficult to remember everything that someone has done for you when often you get into new routines together or where they are doing lots of little things that only take a short amount of time but all add up throughout the day/night, and often by the time the evidence is asked of you some time may have passed making it harder to recall.
This part of claim is often based solely on the evidence you and the person providing that care can offer so the more you have written down and can recall clearly the better your prospects are of claiming their time as compensation.
There can be numerous other losses that you experience as a result of medical negligence. The best thing you can do is to keep a diary of everything and to keep as many receipts and records as you can. When it comes to proving those losses later in your claim you will be grateful you went through that process as you will have all the evidence required in one place and readily available and that evidence will help you prove that loss ensuring you recover the right amount of compensation.
Remember, the purpose of compensation is to try and put you back in the position you would have been had the medical negligence not occurred, so any losses you experience as a result of the injury may be possible to claim for and are worth noting down.
We hope you find this guide useful, if you require any further information about claiming compensation for clinical negligence then please contact one of our team of experts who will be happy to talk to you
At Metcalfes, our team of experienced medical negligence solicitors are here to sensitively help guide you through any potential claims you may have. We deal with all areas of medical negligence. If you think that you or a loved one has suffered as a result of medical negligence, we may be able to help.
Please contact us on 0117 239 8012. Alternatively, you can email us by using our online contact form and we will be happy to discuss your potential claim with you.
Website content note: This is not legal advice; it is intended to provide information of general interest about current legal issues.