Laser Eye Surgery Claims
Laser eye surgery is a corrective procedure chosen by thousands of people each year in the UK. With the promise of clearer and stronger vision,…
Read moreCompensation for optician negligence
If you’ve suffered an injury at the hands of an optician, you could be entitled to make a no win no fee optician negligence claim.
We are a claims management company regulated by the Financial Conduct Authority.
Opticians, like all medical practitioners, are legally obliged to provide you with reliable, safe and effective care. Breaches of this duty can result in pain, vision problems, emotional distress and even loss of sight. Common types of negligence include wrong diagnosis, medication errors and prescribing the incorrect strength glasses.
If you have suffered an illness or injury because of negligent treatment given by an optician, the solicitors we work with would be pleased to assist you in claiming the personal injury compensation you deserve. Your solicitor will work on a no win no fee* basis, which means you can seek compensation without having to face any financial risk.
The following guide provides information on optician negligence claims, including negligent laser eye surgery and how you might make a successful claim for compensation if you have been the victim of substandard care.
To find out if you could claim compensation, call 0800 470 0474 today to speak to a legal adviser. Or, do not hesitate to use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Opticians are highly trained professionals to identify and treat defects in eyesight and detect signs of eye problems. Their primary responsibilities include:
Optician negligence refers to a situation where the professional has failed to provide you with a reasonable standard of care. If you have suffered harm or an injury as a result, you may be able to make an optician medical negligence claim.
There are three main types of negligence:
There are several ways in which an optician may provide negligent care. An optician injury claim could arise from any of the following situations:
When an optician makes an error like those above, the impact on the patient can be significant and is not limited to sight or physical damage. The emotional distress caused by such negligence can be substantial, so your solicitor will strive to ensure that all suffering is considered in the negotiations for your final compensation settlement.
When an optician provides substandard treatment or care, a patient can suffer from a host of physical and emotional complaints. Some of the most common symptoms caused by optician negligence include:
The above symptoms can severely impact your quality of life and your ability to perform daily tasks and work as you did before the negligence occurred.
Suffering medical negligence of any kind will likely severely impact a person’s confidence in future treatment. Although most opticians work entirely within the law and have exceptional standards of care, we empathise with those who have suffered from poor treatment. Your solicitor will ensure full consideration is given to all areas of suffering and loss to secure the highest optician compensation possible.
If you have suffered any harm to your eyes due to negligence, you can likely make an optician injury claim. Claims for optician negligence can be complex, and your solicitor will work closely with medical experts to ensure they have a thorough overview of your condition to secure the maximum compensation possible.
Your optician has a legal obligation to provide you with a reasonable level of care. To be found liable for the harm caused to you, your solicitor must prove the following:
If you have a valid case and want to proceed, you will be paired with a no win no fee solicitor. So you won’t have to worry about any upfront costs, and if they cannot win your claim, you won’t pay a penny. However, please remember that you have three years from the accident date to claim compensation for negligence, so it is important that you act fast.
Laser eye surgery is becoming increasingly popular as it is usually safe and can permanently remove the need to rely on glasses or contact lenses. However, it is a delicate procedure that must be carried out with thorough care and precaution.
There are various types of eye surgery, and your surgeon will advise which one is best for you. Laser eye surgery staff are bound by the same laws as opticians, so any breach of their duty of care to patients that subsequently causes harm or suffering will likely entitle you to make a claim for compensation.
Failure to meet the acceptable treatment standards in this area can lead to various consequences, such as:
To find out if you have a valid laser eye surgery claim, call 0800 470 0474 or request a call back to receive a free consultation with an experienced legal adviser. If your case has merit, they will help you start the personal injury claims process, offering support and advice at every step.
The first stage in the claims process is a consultation with a solicitor to determine if you meet the criteria to start a claim for optician negligence compensation. This service is provided entirely free of charge and without any obligation to continue with a legal case.
If you have a valid optician injury claim and want to continue, your solicitor will offer you a no win no fee service. This agreement, along with the details of the service provided, will be fully explained to you by the solicitor.
You will then receive some paperwork that will need to be signed. That is the no win no fee agreement, also known as a conditional fee agreement. Once signed and returned to your solicitor, they will have the authority to start working on your behalf.
Your injury lawyer will then start to gather the necessary evidence to support your case. That will include medical proof of your injury, receipts and other evidence of any financial losses.
The details of your negligence claim will then be sent to the optician and their insurance company. They are referred to as the defendants and will have three months to accept or deny liability for the accident and injuries you sustained.
If the optician accepts liability, the solicitor will then begin negotiating a suitable compensation award. Your settlement will be based on a thorough assessment of general and special damages, as you can see in one of the sections below.
If you can agree on an award that is acceptable for both parties, the case will conclude, and you will receive payment of your compensation.
If liability is denied or negotiations regarding compensation are unsuccessful, your legal team may need to initiate court proceedings against the optician. Although most cases settle outside of court, your injury solicitor will take this step if necessary to ensure you get the compensation you legally deserve.
To make a successful optician negligence compensation claim, you must prove the extent of your injury and why your optician was to blame. Without sufficient evidence, it is unlikely you’ll be able to secure compensation for negligence.
Your solicitor will work hard to build a strong case and prove medical negligence. The evidence they will try to collect to support your claim could include:
Yes. You can start an optician negligence claim against private opticians and those working for the NHS. According to the NHS Constitution, you can expect all their services to be safe and effective and carried out by staff with the highest skill and knowledge levels.
However, medical professionals can sometimes make mistakes, which could lead to a compensation claim. All claims against the National Health Service are dealt with by NHS Resolution, an arm’s length body of the Department of Health and Social Care. It is funded by each NHS Trust that pays an annual insurance premium.
If you make a successful claim for optician negligence, your compensation will come from these premiums. You can rest assured that your claim will not affect the funds allocated for patient care and treatment.
To determine how much optician negligence compensation you should receive, your solicitor will consider the following:
These are known as general damages and cover the pain and suffering caused to you by the injury, as well as other subjective losses like:
Your solicitor will also assess any financial losses you have suffered because of the optician’s negligence. These are referred to as special damages and will enable you to recover:
Your solicitor will strive to achieve the highest compensation for medical negligence on your behalf. The process starts with a free consultation, which you can arrange by calling 0800 470 0474. During the consultation, a fully trained adviser will answer any questions you might have and provide details on how your case will progress.
Once they have analysed the information you provide, your solicitor will use their experience to assess your case’s likely success and estimate how much compensation you could claim. Based on the Judicial College guidelines, you could receive:
If your child suffered an eye injury due to negligence, you could be able to claim compensation on their behalf. To claim for them, the court must appoint you as their litigation friend. Your personal injury solicitor will take care of the necessary forms and guide you through the process.
The court will appoint you if they can determine that:
Once you become a litigation friend, the claims process is similar to any other personal injury claim. You will help your solicitor gather evidence to support your case and will have several other duties, such as:
If you win the optician injury claim for your child, a judge must approve the awarded settlement during an Infant Approval Hearing. They will examine the available evidence to determine if the compensation is fair and sufficient. Any funds awarded will be kept in a court bank account until the child’s 18th birthday, when it will be released to them.
If your optician failed to provide adequate care, you have three years to claim from when the negligence occurred. This time limit is set by the Limitation Act 1980, which also provides for several exceptions:
Medical negligence claims are usually more complex than other cases. Your solicitor may need a lot of time to investigate your case and gather the necessary evidence to secure compensation. Thus, we recommend you start your claim as soon as possible to increase your chances of success.
If you have grounds to make an optician injury claim, the medical negligence solicitors we work with will offer you a 100% no win no fee arrangement. That means you will not have to pay any legal fees for their services and will not be out of pocket if your case fails. Your solicitor only gets a success fee of up to 25% of your settlement if they win compensation.
If you make a no win no fee claim, you do not have to worry about the costs of litigation either. The After the Event (ATE) insurance policy included in your arrangement will cover all your expenses, such as:
To find out if you can start a no win no fee optician negligence claim, call 0800 470 0474 today to speak to a legal adviser. They will offer you a free case assessment and let you know if you may be able to claim. You can also request a no-obligation call back by entering your details into the contact form below.