COVID-19 Vaccinations and Claiming for Damages: What You Need to Know
The COVID-19 pandemic brought unprecedented challenges to our lives, including the rapid development and distribution of vaccines to combat the virus. While the vaccines were crucial in controlling the spread of COVID-19, many individuals have experienced adverse side effects after receiving their vaccinations. In such cases, it is important to understand your rights and the process for claiming compensation for any damages suffered.
The Vaccine Damage Payments Act 1979
The Vaccine Damage Payments Act 1979 provides financial support to individuals who have suffered severe disabilities as a result of vaccination. This Act covers various vaccines, including the COVID-19 vaccines. Under this Act, individuals who have been left severely disabled after receiving a COVID-19 vaccine may be entitled to a tax-free payment of £120,000.
Eligibility for Compensation
To be eligible for compensation under the Vaccine Damage Payments Act 1979, you must meet certain criteria. These include proving that the vaccine caused severe disability, and that the disability has lasted for at least six months. You must be classed as at least 60% disabled, which was directly caused by the vaccine. Individuals may also be entitled to claim on behalf of a deceased relative.
The Process of Making a Claim
To have a successful claim, you need to establish two legal tests: Breach of Duty and Causation. We will obtain your medical records and conduct investigations before submitting the claim form through the government portal. A witness statement will be taken to complete the claim form, which will then go through various stages of assessment before a conclusion is reached. The Government does not pay towards your legal fees for submitting a claim. At Thorntons, we operate on a No Win No Fee basis, and if we are successful in recovering your compensation, we simply take an agreed percentage of the compensation at the end of your case.
Types of Injuries Covered
There are numerous injuries and complications that have been reported following COVID-19 vaccinations. These include both minor and lifelong disabilities. Whether you received the AstraZeneca, Pfizer, or Moderna COVID-19 vaccine, you may be entitled to claim compensation if you have been left with disabilities.
Timebar in Personal Injury Claims
It is important to note that clinical negligence claims have a time limit, meaning individuals generally only have three years from the date of negligence, or from the date of knowledge or diagnosis, to make a claim. If this time has passed, the Vaccine Damage Payments Act 1979 may be a suitable alternative for seeking compensation and provides a pathway for financial support to those who have suffered severe disabilities as a result of vaccination. For Vaccination Claims, the limitation period is extended to 6 years rather than the 3 years for clinical negligence claims.
If you believe you have suffered severe disabilities as a result of a COVID-19 vaccination, it is important to understand your rights and the process for claiming compensation. Here at
Thorntons, our specialist personal injury and clinical negligence solicitors are here to assist you in navigating the claims process. Please contact Annie Muir in the first instance on 01382 346776 or by email, amuir@thorntons-law.co.uk. Alternatively, contact the Personal Injury Team on 0800 731 8434 who will be pleased to assist further or click here for further information.
