Damage & calculation of compensation

We appreciate that the main cause of damage is usually the breach of a very trusting relationship where there is a power imbalance.

We also recognise that the professional will often fail to deliver the treatment which they should have been provided in the first place, adding to the damage caused to the Client. This is compounded by the Client’s understandable difficulty in trusting other professionals who try to ‘pick up the pieces’ and deal with the issues that the Client sought assistance for in the first place.

The Client’s experience with the Defendant may have ‘mirrored’ events from their past which the Client now needs to resolve, and it may have caused things from the Client’s past to resurface, even if the Client thought they were resolved, leaving the Client to have to deal with them again.

Compensation is calculated by reference to how the events with the practitioner has affected the Client.  Compensation is not calculated by or increased as a ‘punishment’ to the Defendant (except sometimes where the acts amount to a sexual assault where it might be possible to claim aggravated damages).

In order to be successful, we have to be able to show that:

  • The practitioner owed the Client a duty of care.
  • The practitioner breached that duty of care.
  • The Client has suffered harm and loss as a direct result of the breached duty of care.

Compensation is split into two parts:

  • General damages – compensation for the injury sustained by the Client
  • Special damages – reimbursement of the out of the financial losses the Client has experienced as a direct result of the negligent treatment.

General damages

General damages are calculated by reference to what harm has been caused and how long the harm is expected to last. The reality is that, in this country, compensation is relatively limited, particularly for pain and suffering, and the law takes a strict line with regard to assessing the compensation due to the individual Client.

Special damages

This can include losses such as:

  • Loss of earnings;
  • Reimbursement of the fees paid to the Defendant;
  • The cost of therapy the Client now requires to work through what happened with the Defendant;
  • Associated travel expenses;
  • Care and assistance provided by others.

Have you been affected by adult abuse? Call specialist Therapy and Professional Abuse lawyer Victoria Thackstone on 0800 012 9085, or contact us using the form at the bottom of this page.

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