Claiming compensation for Epilepsy

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By Oliviah Rix-Taylor

on Wednesday 4 April 2018


Epilepsy affects around 600,000 people in the UK and is considered the world’s most common serious neurological disorder according to Epilepsy Action. There are a variety of causes and triggers for the disorder, some of which may have been caused by the negligence of someone else. Misdiagnosis or mistreatment of epilepsy is also prevalent and epilepsy drugs frequently make the headlines. In the UK, epilepsy in the workplace is a concern for health and safety and measures should be in place to prevent you from developing any harmful disorders from your working environemnt. 


Epilepsy is a disorder that affects the brain, in particular its electrical charge, and can cause physical seizures as well as some strange mental effects.

Seizures are classified into separate categories relating to the type and origin of the seizure. Roughly, they can be distinguished between Grand Mal seizures and Petit Mal seizures.

A Grand Mal seizure, sometimes referred to as a tonic-clonic seizure, causes physical, epileptic convulsions of the body. A Petit Mal seizure refers to ‘absences’ caused by electrical disruption across the entire region of the brain and causes unconsciousness without convulsions. Petit Mal seizures are typically thought of as milder.

Epilepsy can seriously impact a person’s life. They may not be able to drive or perform other tasks in case of convulsions. They may also suffer from social inhibitions and reductions in quality of life.  


If you have developed epilepsy as a result of an accident that was not your fault, or if you have had an epilepsy misdiagnosis, then you are eligible to make a claim for compensation.

In other situations you may already suffer from epilepsy but were misdiagnosed or mistreated. This is known as clinical negligence and is also grounds for making a claim for compensation.

In both instances it must be shown that you were owed a duty of care and that duty was breached in an act of negligence. This negligent behaviour resulted in your accident or your inadequate health care, and as a result, you have suffered.


If you have been suffering from an illness such as epilepsy and a medical professional has misdiagnosed you or mistreated you then you can claim for compensation. Sometimes, the strange response of the brain to electrical activity can produce some bizarre side effects known as 'aura's' in epileptic terms. This can be misdiagnosed as other disorders such as those relating to stress, or even psychosis. This misdiagnosis of epilepsy is more common in adults and can lead to treatments that are totally inapproiate and could cause more harm than help. Claiming for compensation can help you to recover with the finacial backing you need. 


When bringing a claim against someone for your loss, pain and suffering, you must have been negatively affected in some way in order to receive compensation. This could include physical, psychological or financial damages and is often split into general and special damages. General damages will typically refer to the immediate physical harm, whilst special damages will usually refer to loss of earnings, impacts on your quality of life and further indirect impairments such as being unable to continue with hobbies and interests. In some circumstances, people with epilepsy have their driving lisence revoked in the UK. An example of special damages could then be transport costs in addition to general damages. 

Severity Compensation
Other epileptic conditions£8,480 to £10,950
Established petit mal£43,710 to £104,660
Established grand mal£81,310 to £119,650


Where possible, Accident Line Direct will work on a No Win No Fee basis so there are no upfront fees to pay to start your claim. If we are successful in wining your case, we will take a success fee as a percentage from your compensation award. The success fee is currently capped at 25%. Accident Line Direct aim to be transparent when it comes to fees and costs so that you are aware of what is involved in making a claim for compensation. Contact us today and we will be happy to provide you with free, obligation free advice in relation to your personal injury.