Eye Injury Claims
Eye injuries can have a profound and lasting impact on your life, affecting not only your vision but also your independence, career, and wellbeing. When an eye injury occurs due to medical negligence such as surgical error or a delay in diagnosis, the consequences can be devastating.
If your sight has been affected because a medical professional failed to provide appropriate care, you may be entitled to pursue an eye injury compensation claim. These cases can arise from a range of scenarios, including avoidable errors during cataract surgery or laser eye surgery, misdiagnosis of retinal detachment or mismanagement of temporal arteritis.
At Ashtons Legal, our specialist eye injury claims solicitors have extensive experience in helping clients secure compensation for negligent ophthalmic care. We will work with leading experts to build a strong case, and guide you through every step of the process.
We understand how distressing it can be to experience a loss of vision or permanent eye damage, particularly when it could have been prevented. Our goal is to help you get answers, accountability and the resources necessary to rebuild your confidence and quality of life.
Contact our eye injury claims solicitors today
To begin your eye injury compensation claim, contact our specialist medical negligence team at Ashtons Legal.
You can contact our medical negligence solicitors in Bury St Edmunds, Cambridge, Ipswich, Norwich and Leeds, or fill in the enquiry form on the right-hand side of our contact page.
How to make an eye injury compensation claim
Making a claim for negligence resulting in an eye injury can feel daunting, especially when you are dealing with the physical and emotional impact of sight loss. At Ashtons Legal, we aim to make the process as clear and stress-free as possible.
We will start by reviewing timelines and any documentation that you have available, to make an initial assessment of the viability of the potential claim. If in our assessment the potential case has sufficient merits to investigate, we will discuss funding options, including a “no win no fee” arrangement, before obtaining your medical records and gathering expert evidence to support your claim. You will be kept informed at every stage, whether your case is settled outside of court or proceeds to a hearing.
Our service includes:
- Reviewing your potential eye injury negligence claim
- Advising on no win no fee arrangements
- Gathering medical records and evidence
- Instructing independent ophthalmology experts
- Preparing and submitting a Letter of Claim
- Negotiating settlement or exploring mediation
- Representing you in court proceedings where necessary
- Advising on rehabilitation, interim payments and long-term care options
Our eye injury negligence claims process
Assessing your case
When you first contact our team, we will take time to understand your situation. You will have the opportunity to explain what happened, the symptoms you experienced, the treatment you received, and how the injury has affected your vision and everyday life.
We will then assess whether your healthcare provider failed to meet acceptable standards of care and whether that failure caused avoidable harm. If we consider that your claim has reasonable prospects of success, we will explain the process, timescales, and funding options in detail.
Building your eye injury claim
To begin the legal investigation, we will obtain and review your full medical records, to include your hospital and GP notes, and at the appropriate time, take your witness statement.
We will also obtain expert medical opinion from the necessary specialists, such as in ophthalmology, optometry, or neurology, to determine whether care provided fell below an acceptable standard, and the extent to which any breaches in care caused or contributed to the injury sustained.
Submitting a letter of claim
If the medical evidence supports the case, we can then draft and send a Letter of Claim to the Defendant. This document sets out the timeline of events, the allegations of negligence, and the impact the injury has had on your life.
The Defendant then has four months to investigate and respond to either accept or deny liability.
If liability is admitted, your lawyer will attempt to reach a settlement with the Defendant. If there is no agreement to be reached and the evidence still supports your claim, the case can be issued in Court for a Judge to decide. This process is covered below.
Settlement process
Most eye injury negligence claims are resolved without the need for a court trial. Our solicitors are highly skilled in negotiating settlements and using alternative dispute resolution methods such as mediation, which can be less stressful and faster for everyone involved.
We will ensure your compensation reflects not just the physical harm, but also other aspects such as your loss of earnings, emotional suffering, and ongoing care needs. Our focus is always on achieving the best possible outcome for you and your family.
Court process
If a fair settlement cannot be reached pre-action and we still believe the merits of your case to be strong, we are fully prepared to litigate. We work with leading medical negligence barristers who are experienced in complex ophthalmology cases. From issuing court proceedings to presenting evidence and negotiating final settlements, we will ensure you have the strongest representation and clear, practical advice at every stage.
Frequently asked questions about eye injury claims
What types of eye injuries are eligible for compensation claims?
You may be eligible to claim compensation for a wide range of eye injuries, including those caused by surgical errors, delayed diagnosis, incorrect medication, or failure to refer to an ophthalmologist. Common examples include cataract surgery errors, laser eye surgery negligence, retinal detachment misdiagnosis, and temporal arteritis mismanagement. Chemical burns, trauma, and foreign body injuries can also form the basis of a claim if caused or worsened by negligent care.
How do I prove negligence in an eye injury claim?
To prove negligence, you must show that:
- A healthcare provider owed you a duty of care.
- That duty was breached because they failed to provide treatment that met an acceptable standard.
- The breach directly caused or contributed to avoidable harm.
What kind of evidence is crucial for an eye injury claim?
Evidence may include your medical records, to include ophthalmic imaging (such as OCT scans or visual field tests) and surgical notes, and witness statements. Expert reports from independent ophthalmologists are often key to establishing whether your treatment fell below an acceptable standard and/or whether timely intervention could have prevented the injury.
What damages can I claim for a severe eye injury?
Compensation for an eye injury can include:
- General damages for pain, suffering and loss of amenity
- Special damages for financial losses, such as lost income or medical expenses
- Costs for rehabilitation, visual aids, and home adaptations
- Future losses if your ability to work or live independently has been affected
Serious or permanent loss of sight will typically attract higher compensation awards.
How do ophthalmologists assess the severity of an eye injury for legal purposes?
Ophthalmologists assess the degree of visual impairment by examining your visual acuity, field of vision and the impact on your ability to perform daily activities. They will also consider whether the injury is stable, progressive or permanent, and provide expert opinions that form the basis for calculating appropriate compensation.
How does a pre-existing eye condition affect a new injury claim?
If you had a pre-existing eye condition, you may still be able to make a claim for eye injury if negligence made your condition worse or accelerated vision loss. Compensation will usually reflect the extent to which the negligence worsened your condition, rather than the original condition itself.
Contact our eye injury claims solicitors today
To begin your eye injury compensation claim, contact our specialist medical negligence team at Ashtons Legal.
You can contact our medical negligence solicitors in Bury St Edmunds, Cambridge, Ipswich, Norwich and Leeds, or fill in the enquiry form on the right-hand side of our contact page.