epilepsy claim

Epilepsy Claim: Compensation Payout Calculator For Different Types Of Epilepsy

Find out how epilepsy is caused by irregular brain activity; the different degrees of epilepsy; how legal fault may allow you to make an epilepsy claim for compensation; the two types of compensation you can claim and the payouts you can recover for each type of temporary and permanent epileptic condition.

Payouts Table For Epilepsy Claims Settled In 2023

Our summary table gives you a brief outline of the amounts of compensation you can expect to claim for epilepsy caused as a result of negligence and/or breach of statutory duty.

Read on – to see our more in depth details of how these compensation amounts are derived.

Type Of EpilepsyClaim Payout In 2023
Temporary seizures£10,700 – £26,300
Petit mal epilepsy£55,000 – £131,000
Grand mal epilepsy£102,000 – £150,000

What is epilepsy?

Epilepsy is a condition that causes bursts of electrical activity in your brain known as seizures. These seizures can temporarily interrupt your normal brain function.

Your brain is made up of neurones, which rely on electrical impulses to communicate with each other. An epileptic seizure occurs when these electrical impulses are disrupted, so that your brain and body behave in a way that you do not intend.

During a seizure – you may experience uncontrolled jerking, known as a fit, or a number of other symptoms.

There are primarily two main types of epilepsy, which depend on the severity of the seizures or fits experienced.

Grand mal epilepsy

Grand mal epileptic seizures are the worst type of epileptic fit. Technically this is known as a tonic-clonic seizure.

During a grand mal epileptic seizure, you will lose consciousness and can have muscle contractions, which can be violent.

Petit mal epilepsy

The lesser type of epileptic seizure is known as “petit mal” or an “absence seizure”. This is so named as you have a staring spell (or absence of mind) for a short period – typically less than 15 seconds.

What is an epilepsy claim?

An epilepsy claim is a claim for compensation monies for pain and suffering you experience plus financial loss and expense you suffer from temporary or permanent epilepsy. An epilepsy claim is made against an individual, business or institution who is considered legally at fault for causing or aggravating your epilepsy.

Epilepsy can be initiated in various different ways.

Two such ways include head injury in an accident or lack of oxygen during birth.

Head injury in an accident

If you have been in an accident involving a significant impact to your head, you may experience head injury and consequent abnormal brain function, such as seizures causing epilepsy.

If the accident can be shown to be the legal fault of another – you will likely be able to claim compensation for all of your injuries, including your epilepsy condition.

Typical accidents that can cause head injuries, include; car accidents, motorcycle accidents, trip accidents or being struck on the head from a falling object in a work accident.

Remember – to succeed with an epilepsy compensation claim, you must prove legal fault and/or negligence. What is known as “the burden of proof” is on you (through your solicitor).

motorcycle epilepsy claim
Motorcycle Accident Epilepsy Claim

Clinical negligence during birth

Lack of oxygen to the brain during birth is another cause of epilepsy. Should this have happened due to some form of hospital error or medical negligence – you may be able to claim compensation.

Remember – personal injury and clinical negligence claims generally have a three-year time-period to make a claim – known as the statutory limitation period. Children however have three years from their date of majority – so until their 21st birthday (in England and Wales) to make a claim.

What types of compensation can your epilepsy claim include?

An epilepsy claim has two parts – a claim for your pain and suffering (for having to live with symptoms and the life altering effects of epilepsy) and a claim for all your financial losses (as a direct result of your epilepsy condition).

Financial losses might include – lost income, medical expenses, help in the home, travel expenses to the hospital and GP, etc.

Average settlement payouts for epilepsy conditions

The amount of compensation you can claim is calculated depending on the type of epilepsy you suffer from, whether the condition is permanent or temporary and the effect it has on your working or social life.

Some examples of the how much compensation your epilepsy accident claim could be worth in 2023, include:

Permanent grand mal epilepsy claim average payouts

Grand mal epileptic seizures with a permanent risk of recurrence will lead to compensation settlements calculated between £102,000 – £150,000.

Permanent petit mal epilepsy settlement amounts

Petit mal can cause major disruptions to your life, but can be controlled with medication. How much compensation you are entitled to depends on the effect of medication has on your appreciation of life, how the epilepsy affects your working and social life and whether you have behavioural problems as a result of your epileptic condition.

Generally speaking average payouts for petit mal epilepsy accident claims are calculated between £55,000 – £131,000.

One to two epileptic seizures or a temporary resurgence of epilepsy

If the epilepsy caused as a result of your accident lead to a couple of epileptic fits or lead to pre-existing epilepsy, which had been controlled, returning for a temporary period only – you can expect average payout amounts between £10,700 – £26,300.

Epileptic Claim Summary

In this article you have seen how a solicitor calculates the amount of compensation your epilepsy claim is worth – with examples of compensation payouts for each type of epileptic condition.

Free Online Help From Specialist Solicitors

We offer a number of online / telephone free legal help options. You can have your claim assessed or speak direct to our solicitors to have any questions you might have answered.