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Persistent Vegetative State (PVS) Compensation Claims

PVS Compensation

Someone who is in a vegetative state for more than a month is considered to be in a persistent vegetative state and you could be able to claim PVS compensation. If they continue to be a persistent vegetative state for more than a year then they are considered to be in a permanent vegetative state.

At First Personal Injury, we understand how difficult it can be to have a family member in such a vulnerable and complex physical state. Therefore, we want to reduce your stress by taking the legal burden for claiming compensation onto our shoulders and away from you.

If a family member suffered negligent treatment that caused them to be in a persistent vegetative state, you could be able to claim PVS compensation. To find out whether you can claim PVS compensation, speak to First Personal Injury today.

To assess your claim, contact us on 0800 808 9740 or online.

Claiming For A Persistent Vegetative State (PVS)

Any sort of serious accident could cause someone to go into a vegetative state. If someone suffers from poor medical care, such as poor treatment during surgery, this could cause them to slip into a vegetative state. It doesn’t matter what type of accident or medical treatment that your loved one suffered from or underwent. If the accident or the medical negligence was caused by someone else’s poor behaviour, then you can likely claim.

For example, if your family member went into a vegetative state due an accident that occurred in their workplace that was caused by their employer’s failure to adhere to safety regulations, you could be able to claim PVS compensation.

About Persistent Vegetative States (PVS)

The longer that a patient is in a vegetative state, the less likely it is that they will regain consciousness and recover from their condition. A person in a vegetative state may seem to be awake but they are unable to feel mental distress or physical pain. It can often be common for someone to transition into this state after they have been in a coma.

It is a common misconception that people who are in a vegetative state are brain dead. However, the lower brain stem in PVS patients is actually still healthy and functioning as it normally would. Therefore, patients in persistent vegetative states can:

  • Blink and move their eyes.
  • Breathe on their own.
  • Experience normal circulation throughout their body.
  • Move their limbs, though this is just as a reflex. PVS patients can’t move their limbs of their own free will/on command.
  • Smile.
  • Cry or laugh, although this is not as an emotional response to external events but just an occurrence.
  • Experience regular and normal sleep-wake cycles.
  • Open and close their eyes.
  • Track objects with their eyes.

Once a patient has progressed to being in a permanent vegetative state, roughly around the one year mark, doctors will often consider withdrawing treatment methods.

Our team of clinical negligence solicitors understands that it can be very difficult for family members to make decisions about future care for their family members who are in a persistent vegetative state.

First Personal Injury can help to ensure that you get the PVS compensation that you deserve. We appreciate how difficult this experience likely is for you and your family.

PVS Compensation can help you to access certain types of treatment that might not be available on the NHS if private care is a route that you would like to go down in the future. It can help to ensure that your family member gets the palliative care going forward that they might need. If your family member does recover from their PVS state, they will likely need access to physical therapy which is something that PVS compensation can help with.

If you were in a PVS state yourself but have now recovered, even if marginally, you could be able to claim PVS compensation. The amount of compensation that you can claim will be dependent upon the specific circumstances of your case and the care that you are likely to need going forward.

 

Amount Of PVS Compensation

The amount of PVS compensation that you are awarded is unique to each person’s specific case. The amount of PVS compensation that you are awarded for your case will be determined by looking at two categories: general damages and special damages.

PVS General Damages Compensation

General damages refers to the physical and emotional damage caused by your injuries or illness. In the simplest terms, it refers to compensation for pain and suffering. This type of compensation also covers any losses of amenity, aka a decrease in your ability to function, that has arisen from the injuries sustained in an accident. To view estimates for personal injury types, visit our compensation calculator.

PVS Special Damages Compensation

Special damages compensation refers to compensation that covers the financial losses and expenses incurred as a result of an accident or medical negligence. Special damages could help to reclaim a loss of income if you used to work or the PVS-impacted party used to work. Similarly, if you have had to pay to go to a medical appointment or if you had to pay to travel to a medical appointment, you could be able to claim these medical costs back.

Making Personal Injury Claims

If you have suffered a personal injury, you may be entitled to receive compensation. First Personal Injury solicitors are available to assist you and ensure that you win the compensation that you deserve.

First Personal Injury works with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury. Contact our specialist team to begin the process, either by phone on 0800 808 9740 or through our online form.

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