The National Health Service (NHS) paid out £3.1 billion in clinical negligence compensation in 2024/25 – a 10% increase on the previous year. In the same period, 14,428 new clinical negligence claims were reported. This was a 5% rise on the year before.
If you believe you have experienced clinical negligence, you’re probably wondering what you may be entitled to. Compensation in clinical negligence cases depends on a range of factors specific to you and your circumstances. There is a clear legal framework that determines how payouts are calculated, and understanding it will give you a much clearer picture of where you stand.
At St Helens Law, clinical negligence is one of our core specialisms. Our clinical negligence solicitors handle claims on a no win, no fee basis, covering the full range of cases – from misdiagnosis and surgical error through to birth injuries and fatal negligence. This guide explains how compensation amounts are determined and what you can realistically expect from a claim.
What is clinical negligence compensation?
Clinical negligence compensation is designed to put you back, as closely as money can, in the position you would have been in had the negligence not occurred. But it can cover your financial losses and provide recognition of the harm you have suffered.
All clinical negligence compensation is calculated under two headings:
- General damages – Compensation for pain, suffering and loss of amenity, such as the impact on your quality of life.
- Special damages – Compensation for your financial losses, both those already incurred and those expected in the future.
Both elements are assessed individually for every case. There is no fixed payout for any given type of negligence. Two people with apparently similar injuries may receive different amounts depending on how the harm has affected their lives.
General damages – compensation for pain, suffering and loss of amenity
General damages cover the personal impact of the negligence. This includes physical pain, psychological harm and the effect on your daily life.
When calculating general damages, solicitors and courts refer to the Judicial College Guidelines (JCG). These are published by the judiciary and provide compensation brackets for a wide range of injuries. The most recent edition came into effect in 2024 and increased compensation brackets by approximately 22% compared to the previous edition.
The JCG figures are not fixed awards. They’re reference points that help ensure consistency across cases involving similar injuries in different parts of the country. A solicitor will apply them to your specific circumstances, weighing factors such as:
- The nature and severity of the injury
- How long recovery takes, or whether full recovery is possible
- The impact on your day-to-day activities, relationships and wellbeing
- Any psychological harm alongside physical injury
The more severe and lasting the harm, the higher the general damages award.
Specialist damages – your financial losses
Special damages cover the financial consequences of the negligence. This is where the largest element of high-value claims is often found. Items that can be claimed under special damages include:
- Lost earnings — Income you have lost and where the injury affects your future earning capacity.
- Care costs — Whether paid professionally or provided by a family member (who can claim for their time).
- Medical and treatment costs — Including private treatment, physiotherapy, counselling or therapies not available on the NHS.
- Adaptations to your home or vehicle — Where the injury changes how you live.
- Travel costs — Travel to appointments, treatment or court.
- Any other out-of-pocket expense directly caused by negligence.
In standard and straightforward cases, special damages can be modest. In serious cases, especially ones involving lifelong disability or the need for permanent care, settlement can run into hundreds of thousands or millions of pounds.
A birth injury that results in a child requiring lifetime care is an example. Once future care costs, accommodation adaptations, loss of future earnings and ongoing therapies are calculated, awards in the most severe cases can exceed £1 million.
How much do most clinical negligence claims pay out?
Payouts vary dramatically. Most clinical negligence claims in the UK result in compensation between £10,000 and £100,000.
NHS Resolution data for 2024/25 shows that 1,878 new claims that year were valued within the £100,001 to £250,000 band, showing how many claims sit above the lower end of the range.
The highest-value area of clinical negligence is maternity and obstetrics. In 2024/25, £1.3 billion of the NHS’s total £3.1 billion payout related to maternity claims.
Additionally, in the same timeframe, a record 83% of clinical negligence claims were resolved without the need for formal legal proceedings. The majority of cases settle through negotiation, which means that going to court is the exception, not the rule.
What affects how much compensation you receive?
Several factors influence the range your claim will fall.
Severity and permanence of the injury: A full recovery results in a lower award than a partial one. A disability results in a higher award than a temporary condition.
Impact on daily life and work: Courts and solicitors look at how negligence has impacted your life, like activities you cannot do anymore, work you can’t carry out, how relationships have been affected and if there’s been any independence lost.
Strength of the medical evidence: Clinical negligence claims require expert medical evidence to establish that care fell below an acceptable standard and resulted in your harm. The clearer and more compelling the evidence, the stronger the claim.
Establishing causation: It’s not enough to show that a mistake was made. You must demonstrate that the mistake caused the harm you suffered.
The discount rate: In claims involving large future loss elements, the discount rate affects how future financial losses are calculated. The rate changed to 0.5% in January 2025, which reduces some high-value future loss awards compared to previous rates.
Contributory negligence: If a claimant’s own actions contributed in some way to the harm, compensation can be reduced. This is relatively uncommon in clinical negligence cases, but not unheard of.
Can you claim against private healthcare professionals?
Yes. The same legal principles apply whether your care was provided by the NHS or privately. Clinical negligence is not exclusive to NHS treatment. Dentists, private hospitals, cosmetic surgery clinics, physiotherapists and other private practitioners all carry a duty of care to their patients.
The difference is purely procedural. NHS claims are handled through NHS Resolution, which manages claims on behalf of NHS trusts. Claims against private providers are handled through those providers’ own indemnity arrangements or insurers.
If you have received substandard care in any setting – NHS or private – our clinical negligence solicitors can advise you on your options.
How long do you have to make a clinical negligence claim?
Time limits in clinical negligence are governed by the Limitation Act 1980. As a general rule, you have three years to start a claim. This is either from the date the negligent treatment occurred or from the date you became aware that you had suffered harm as a result of negligence.
The “date of knowledge” provision is important because many people don’t realise they have a potential claim immediately. For example, if a misdiagnosis only becomes apparent years later when the correct diagnosis is finally made, the three-year clock may not start until that point.
There are also specific exceptions, such as:
- Children: The limitation period does not begin to run until a child’s 18th birthday, meaning they have until the age of 21 to start a claim for negligence that occurred during childhood. A parent or guardian can bring the claim earlier on the child’s behalf.
- Those lacking mental capacity: Where a claimant lacks capacity, the limitation period is suspended for as long as that incapacity continues.
- Fatal negligence: Where someone has died as a result of negligence, the three-year period runs from the date of death, provided the limitation period from the original injury or date of knowledge had not already expired.
Three years sounds like a long time, but medical negligence compensation cases require detailed evidence, such as medical records, expert reports and witness statements. Gathering these, along with a list of all medical expenses, takes time. If you think you may have a claim, it is worth seeking advice sooner rather than later. Delaying won’t help your situation, and in some circumstances, it can affect the strength of the evidence available.
No win no fee medical negligence claims – what it means for you
St Helens Law handles clinical negligence claims on a no win, no fee basis. This means you take on no financial risk by pursuing a claim. If your case is unsuccessful, you pay nothing.
If your case succeeds, your legal fees are recovered from the defendant as part of the settlement. There are no hidden costs and no requirement to fund the claim yourself at any stage.
For many people, concern about legal costs is the main reason they don’t pursue a valid claim. No win, no fee removes that barrier entirely. If you have a credible NHS medical negligence claim case, the financial arrangement should not stand in the way.
Speak to our clinical negligence team
If you believe you may have a valid NHS negligence claim, we offer a free consultation to assess your case with no obligation and no financial risk. Call 01744 385171 or use our online enquiry form.