By Stephen Kane. Last Updated 3rd July 2023. A blood clot or Deep Vein Thrombosis (DVT) is a serious medical condition. It can pose a major threat to your health. In this article, we will look to explore the reasons why some people may be eligible to make a claim for a blood clot caused by the actions of a third party who has a responsibility towards your health.
There are some people who are more at risk of DVT than others. For instance, those who have a family history of DVT or those who have had surgery. Some temporary situations may increase your risk of DVT or a blood clot. This can include being pregnant, being confined to your bed or on a long journey.
This page is a guide to the eligibility criteria for assessing whether your DVT could qualify for compensation in a personal injury claim.
We will explain the process of making a claim, and how a breach of duty of care in different situations could result in DVT or a blood clot.
Once you have read through this article, may still have questions about the claims process or want to start your own claim. If so, our expert team of advisors are on hand to help. You can get in touch by filling out our contact form, through the live chat on this screen or by calling 0161 696 9685.
Select A Section
- Calculating DVT And Blood Clot Compensation Settlements
- Types Of Damages Awarded For Blood Clots And DVTs
- Blood Clot And DVT Medical Negligence
- Blood Clots Caused By Road Traffic Accidents
- How Long Do I Have To Claim For Blood Clot Compensation?
- DVT And Blood Clot Claims With A No Win No Fee Solicitor
- More Information
The value of the settlement you could be entitled to will depend on the extent and severity of the effects of the blood clot or DVT. Each case is different and will be assessed based on individual circumstances.
In order to work out how much compensation you could be entitled to, you will usually be invited to a medical assessment with an independent expert. This expert will collate their findings in a medical report.
This report will be used in conjunction with the Judicial College Guidelines JCG to help calculate the compensation you’re owed. Below, we have included a table illustrating some of the compensation amounts available for blood clot-related conditions that are contained in the JCG.
|Lung disease (c) (e.g. emphysema)||£54,830 to £70,030|
|Lung disease (d) (breathing difficulties)||£31,310 to £54,830|
|Amputation of one leg above the knee||£104,830 to £137,470|
|Amputation of one leg below the knee||£97,980 to £132,990|
If you make a successful claim for compensation following a blood clot or case of DVT that was caused by failure to protect your safety, you will receive compensation for the injuries you have sustained. This is known as general damages. However, this is not the only type of damages that can be included in your claim.
You can also claim special damages as part of a compensation claim. Special damages seek to compensate you for any financial impact or loss that you have experienced as a direct result of your injuries.
For instance, an illness could cause you to have to take time off work while you recover. You may be unable to return to work in the future at all because your injuries prevent you from doing so. If so, your loss of earnings could be included in your claim. In addition, you could be compensated for any medication or treatment you’ve needed that isn’t covered by the NHS.
If you want to include these losses as part of your compensation claim, you need to provide evidence. You should keep records in the form of things like bank statements, invoices, receipts, contracts, and so on. Without evidence, special damages will be unable to be included in your claim.
Doctors have a duty of care over their patients. This means that they need to take all reasonable steps to ensure that their knowledge, skills and performance adhere to the standards expected of their profession. If a doctor makes an avoidable mistake when administering care you could become injured or ill as a result.
In a claim for DVT, the Bolam test may be used to determine whether your doctor acted negligently or not. Here, a panel of the doctor’s peers will be asked if the doctor acted within professional standards. If the answer is yes, the doctor will not have acted negligently.
One way in which your condition may be worsened as a result of medical negligence is if your doctor fails to diagnose your condition because they ignored clear symptoms of a DVT. This could cause your condition to become worse when it would have otherwise been treated.
Blood clots and DVT can be caused by spending prolonged periods sitting or lying down without much physical activity. If you’re at high risk of developing DVT and you aren’t given any preventative treatment like medicine or compression stockings, this could be an example of medical negligence.
Contact our advisors online or on the phone to ask questions you may have about medical negligence claims.
Blood clots or DVT could potentially develop as a result of injuries sustained in accidents; accidents at work, while out in public or on the road. If you have suffered from DVT following a road traffic accident that was not your fault, then you could be entitled to make a personal injury claim against the third party who was responsible for the accident.
When you’re in a road traffic accident, you may suffer from some injuries. These injuries may cause you to suffer from internal or external bleeding, and your blood will begin to clot. If one of these clots were to become detached and block your heart or lungs this could be a life-threatening condition.
All road users have a duty of care to one another to take all reasonably practicable steps to ensure the health and safety of others. If a road user fails to adhere to the standards of care and attention of the average motorist, they have failed in this duty of care.
If you’re injured as the result of someone neglecting their duty of care to you on the road, you could be entitled to claim. Get in touch with our team to find out more.
If you intend to claim compensation for a blood clot or deep vein thrombosis, then you should be aware of the time limit for starting your claim. The Limitation Act 1980 states there is generally a three-year time limit for starting a claim. This time limit usually applies from the date your injury occurred.
The time limit for starting a claim for a blood clot or DVT can work differently under certain circumstances. For instance, if a child suffers either type of injury, then the time limit is paused until the day of their 18th birthday. A claim could be made on the child’s behalf by a court-appointed litigation friend before they turn 18. If this does not happen, then the child will have three years to start their own personal injury claim from the day they turn 18.
If the injured party lacks enough mental capacity to claim for a blood clot or DVT, then the time limit is suspended indefinitely. A litigation friend could claim on the injured party’s behalf. However, if a litigation friend does not do this and the injured party later regains sufficient mental capacity, then the three-year time limit will apply from the date of recovery.
Contact our advisors today to ask questions about the time limit or other aspects to making a claim for injuries such as a blood clot in wrist, a blood clot in the thumb or DVT.
We believe that having a solicitor work on your behalf could increase the chances of your claim’s success. However, you may be worried about the fees that are associated with legal representation. If so, a No Win No Fee agreement could be of use to you.
A No Win No Fee agreement sets out the conditions that your solicitor needs to meet before they ask for you to pay them. It means you won’t be asked to cover their costs while the claim is ongoing or before it starts. You also won’t be asked to pay your solicitor if your claim is unsuccessful.
The only time you will be asked to cover your solicitor’s costs is if they win your claim. In this case, a capped percentage will be deducted from your compensation award. The value of this percentage will be agreed upon before the claim starts.
If you’d like to know whether your claim could be taken on on a No Win No Fee basis, why not get in touch with our team today? An advisor will be happy to take the details of your claim and, if appropriate, pass you on to an expert lawyer from our panel.
If you would like to contact us to receive free advice about making a claim you can contact us by filling out our online form, by sending a message through our online chat feature, or by calling us on 0161 696 9685.
Thank you for reading our guide on claiming blood clot compensation.