How Compensation Is Assessed in Medical Negligence Claims

A common question is whether there is an "average" figure for a medical negligence claim in Ireland. In reality there is not, and average figures tend to mislead more than they help. Every claim turns on its own facts, on the nature and severity of the injury, and on independent expert evidence. This article explains the framework the courts use to assess compensation, without quoting figures, so that you can understand the principles rather than rely on numbers that may have no bearing on your situation. It is general information only and not legal advice.

General damages

General damages are intended to compensate for pain, suffering and the loss of amenity caused by an injury — in other words, the human impact rather than the financial cost. In Ireland these are assessed by reference to the Personal Injuries Guidelines and the established approach of the courts, taking account of the severity of the injury, its duration, and the effect on the person's day-to-day life.

Special damages

Special damages compensate for measurable financial losses flowing from the injury. These can include past and future medical and rehabilitation costs, the cost of care and assistance, loss of earnings and loss of future earning capacity, the cost of aids, appliances and adapted accommodation, and out-of-pocket expenses. In serious cases, future losses are projected with the help of medical, care and actuarial experts, which is why the assessment is detailed and evidence-led.

Why every case is different

Because the assessment depends so heavily on the individual's injury and circumstances, two superficially similar cases can be valued very differently. The strength of the evidence on both breach of duty and causation also matters: compensation only arises where it can be shown that substandard care caused or materially contributed to the harm. You can read more about how negligence is proven and about how claims are funded.