Suffering from sight loss can be a life-altering experience, impacting every aspect of daily life.
If your visual impairment is a result of someone else’s negligence, you have the right to seek compensation for physical and psychological injury, and for any financial losses suffered.
If you or a loved one has experienced sight loss due to an injury, bringing a sight loss injury claim can provide vital support in rebuilding your life and holding responsible parties accountable. Pursuing a compensation claim can help alleviate the burden of your injuries and provide the resources needed to adapt to the challenges of living with sight loss.
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Types of Sight Loss Injuries
Sight loss injuries can vary in severity, impacting an individual’s ability to see clearly and function independently. There are two main types of sight loss injuries which are:
Partial Vision Loss
This refers to a decrease in visual clarity, where individuals face challenges in perceiving objects accurately or differentiating colours. The partial loss of vision can have a significant impact on everyday activities such as reading, driving, and even recognizing faces.
Total blindness refers to the complete loss of vision, leaving individuals without any visual perception. Total blindness poses immense challenges, requiring individuals to rely on other senses for navigation and communication.
Establishing Liability in Sight Loss Injury Claims
Establishing liability, in cases involving sight loss injuries, can require substantial evidence.
The following steps are crucial in proving negligence on the part of the defendant.
- Duty of Care
To demonstrate liability it is necessary to show that the defendant had a duty of care towards the injured party. In sight loss injury claims, the duty of care can be attributed to individuals or entities such as drivers, medical professionals, employers or product manufacturers, depending on the circumstances surrounding the incident.
- Breach of Duty
The next step involves showing that the defendant failed to fulfil their duty of care. This means they did not meet the expected standard of care that a reasonable person or professional in their position would have exercised under similar circumstances.
Causation plays a role, in sight loss injury claims. It is essential to prove that the defendants’ breach of duty directly caused the sight loss. It must be demonstrated that if not for the actions or negligence of the defendant the sight loss injury would not have occurred.
Sight Loss Injury Claims Due to Medical Negligence
Suffering sight loss due to medical negligence can be a devastating experience for patients and their families. When medical professionals fail to meet the expected standard of care, serious and irreversible consequences, including vision loss, can occur.
Common Medical Errors Leading to Vision Loss
- Misdiagnosis: Delayed or incorrect diagnosis of eye conditions can prevent timely treatment, leading to irreversible vision impairment or blindness. This can be for partial or total sight loss.
- Surgical Errors: Errors during eye surgeries, such as cataract surgeries or laser eye procedures, can result in severe complications causing sight loss.
- Medication Errors: Administering incorrect medications or incorrect dosages can harm the eyes and contribute to sight loss. This can be for medications related to surgery or prescription medication.
- Failure to Refer: Failing to refer patients to specialists promptly when they present with eye-related symptoms can prevent timely intervention and increase the risk of vision loss.
Time Limits for Filing Sight Loss Injury Claims
If you’ve experienced sight loss due to an injury in the UK and are considering making a compensation claim, acting promptly is essential to protect your rights and seek the compensation you deserve.
Typically, there is a three-year limitation period from the date of the incident that caused the injury or from the date you became aware of a connection between the injury and the negligence of another party. This means that you have three years to issue a claim at court seeking compensation for your sight loss injury.
As time goes by, crucial evidence related to the incident may become harder to gather or even disappear. Acting promptly allows for the collection of important evidence, such as medical records and witness statements.
Memories of witnesses may fade over time, making it important to record their statements as soon as possible after the incident.
The legal process involved in making a claim can be time-consuming. Initiating the claim early allows ample time for the case to be investigated and increases the chances of a successful resolution.
Seek Expert Advice
Navigating a sight loss injury claim can be complex, and seeking legal advice from experienced solicitors is invaluable. They can guide you through the process, ensuring you meet the necessary deadlines and maximize your chances of a successful claim.
Exceptions to Keep in Mind
While it’s essential to act promptly, there are exceptions that you should be aware of.
If the injured person was under 18 at the time of the incident, they have three years from their 18th birthday to issue a claim, extending the deadline beyond the usual limitation period.
If the injured person lacked mental capacity at the time of the injury, the usual limitation period may not apply until they regain capacity.
Getting Help With Sight Loss Claims
Experiencing sight loss or partial sight loss due to negligence is a challenging and life-changing event. However, you don’t have to face it alone. Seeking legal support from dedicated solicitors specializing in sight loss injury claims can make a significant difference in obtaining the justice and compensation you deserve.
Remember, there are strict time limits for filing sight loss injury claims in the UK, so acting promptly is essential. Do not hesitate to reach out to Macks Solicitors to discuss your case. We can provide guidance, expertise, and support so that you can navigate the legal process with confidence and work towards rebuilding your life after a sight loss injury.
Contact Us Today
For more information about making a product liability claim, you can call us on 01642 843 670; alternatively, complete our online contact form and one of our personal injury solicitors will be in touch.
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