In this article, we will be looking at claiming for future losses when you bring a claim for clinical negligence of personal injury. In particular the cost of future treatment and how you would go about claiming for such a loss, considering that it may not have happened yet.
If you have been injured through clinical negligence, such as a broken limb not being treated properly, or through an accident that was caused by someone else’s negligence, such as a car accident, then there is a high probability that you will require further medical treatment in order to get yourself back to full health, or as close to full health as possible depending on the severity of your injury.
That medical treatment can take months or even years to be complete, and there is always a chance that there will be long-term medical care for the foreseeable future, such as check-up every six months with a specialist for the rest of your life.
Claims for future treatment do not always have to be life-long treatment. It can be a one-off future operation or a one-off batch of physiotherapy, etc. This kind of claim is more common in claims where the injured person is under the age of 18 and has to wait until they are physically mature before the full extent of the negative effects of their injury is known. Or they have to wait until they are physically mature to get the most benefit from any treatment.
However these claims are not limited to children, they can happen in a variety of situations, such as when you have to wait for your injury to fully heal before you know the extent of any future treatment needed.
Fortunately, if you can prove that this future treatment is something that you now require solely because of the accident or negligence that you have suffered, then you will be able to make a claim for the cost of future treatment part of your claim for financial compensation.
What Makes Up A Claim For Future Treatment?
A claim for future treatment will be made up of multiple elements. There will be the claim for the treatment itself, usually claimed at the private rate. So the cost of the treatment if you purchased it from a private treating doctor or surgeon.
There will also be a claim for the voluntary care that you will need from friends and family after you have the treatment. For example, if your future treatment is an operation of some kind that will have you off of your feet for some weeks and your friends or family members will be providing you with care and assistance during your recovery period, then their time can be claimed.
There can also be a future travel expense claim; then you can claim the mileage you will travel or the rail fares etc
There can also be a future loss of earnings claim if you stand to lose out on your wages due to you needing to take time off to undergo the future treatment. Although if you would receive sick pay for the time off, then you will not have suffered a loss and can not claim for loss of earnings.