Optician Negligence Claims Guide – How Much Compensation Can I Claim?

By Jo Anderson. Last updated 25th July 2023. Welcome to our guide on making an optician negligence claim. Whether you have had issues with your sight for some time, and visit the optician regularly, or you’re going for your first eye test, you will be likely not too concerned about your appointment. The standard eye care check-up isn’t painful, and most of us leave the opticians with either a clean bill of eye health, or a prescription for corrective lenses, be they for spectacles or contact lenses.

However, for some people, due to an optician’s negligence, they leave with worse eye health than they arrived with, and if this is something that you have encountered, you may be feeling extremely angry, upset or bewildered about how this happened.

Our sight is perhaps one of the most important of our senses, and any deterioration in sight can lead to not only a change in what we are able to do or not able to do, but also a loss of confidence, leaving psychological injuries that can last result in long-term damage.

Could I Make An Optician Negligence Claim?

Optician negligence claim

Optician negligence

Whatever the type of negligence you have suffered from an optician, you should be able to seek redress, in the form of compensation if it can be proved they were negligent. While we will not be able to reverse any damage caused, we can help you seek optician negligence compensation so that you are able to pay for any remedial treatment if it is available, or help cover some of the costs you may have had to pay out as a result of this negligence.

We are Accident Claims, and we take optician negligence seriously. We can provide you a solicitor who is experienced in this type of case, and who can lead the fight for the maximum level of compensation you could be entitled to. Simply call 0800 073 8801 to begin a claim, or read the ultimate guide to claiming optician negligence compensation, which includes a personal injury claims compensation table below to find out more.

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A Guide to Making an Optician Negligence Compensation Claim

Millions of people suffer with poor eye health, and it is no wonder that there are several big companies that make their money by providing optician services across the company, taking patients on the NHS, or privately, offering check-ups, spectacles, and contact lenses, as well as advising on good eye health care. For the most part, these opticians provide a fantastic service, taking care of any concerns and providing good customer care.

However, as with anything, there can be problems that occur when an optician is negligent, and this could cause far reaching consequences that may even be permanent. Whether you had a missed diagnosis of something that should have been treated, suffered optician medical negligence and it has caused you problems with your eyes, or you have been misdiagnosed, leading to worsening of the eye issue because the treatment you received was incorrect. Even if you have suffered eye injury due to laser eye surgery, the results can be frightening.

Why Make An Optician Negligence Claim?

If your optician was negligent, and you sustained an injury, making an optician negligence compensation claim could be something you should consider, whether to help recoup a loss of earnings, or ensure this does not happen to someone else.

Here, we have compiled a guide full of useful information about this type of personal injury claim, including approximate compensation payout amounts, the types of clinical negligence that can happen, as well as how to make personal injury claims without spending any money out upfront.

Optician Negligence Explained – Could You Make An Optician Negligence Claim?

There are several different ways in which an optician could be negligent. In basic terms, it is important to understand that an optician can be liable to pay optician compensation for medical negligence by failing in their duty of care to look after you properly. This can include a variety of different scenarios, which we will explain further below.

Whether they have failed to diagnose an eye problem that should really have been spotted, or they have caused you an eye injury in examination, or a laser eye surgery treatment left you worse off than before the treatment, it is important that the negligence is highlighted so that it does not happen to someone else, as well as you being compensated for any suffering, pain and financial losses caused by the negligence and the eye injury caused to you.


Different types of claim

Optician negligence claims can be complex, and there are a few different types of liability that should be explained in order for you to be aware of the action you’re taking and why it is appropriate:

The first is Optician Gross Negligence. The harshest category, it exists when the practitioner has blatantly disregarded something that has led to injury. It may lead to the optician being struck off from being able to practice.

The next is Vicarious Liability. When the company employing the optician is negligent. This could be through improper training or poor practices in the workplace.

After this comes comparative negligence. This shares the responsibility for the issue between both the practitioner and the injured party. It still may lead to compensation payments, but they are likely to be a little lower than previous categories.

Finally, there is contributory negligence, which occurs if the patient has not followed the treatment plan. There is less of a chance of compensation being awarded here.

If you are not sure which section your claims fits in, please do call us and we’ll explain after we’ve taken some details of what has happened.

What Are the Physical Effects of Negligence by An Optician?

The eye is complex, and any damage can have an effect on how well we can see, as well as other physical symptom. Physical effects can include, but are certainly not limited in any way to the following:

  • Blurring of the vision
  • Inability to read properly
  • Double vision
  • Headaches
  • Eye strain
  • Shoulder pain
  • Neck pain
  • Migraines
  • Eyesight loss – either partial or full loss of sight
  • Loss of night vision clarity

Should you be experiencing any of the above, or any other symptoms, then it is wise to keep a diary of your symptoms and see a professional to get these checked out.

Optician Negligence Claims – Can I Be Compensated For Psychological Injuries?

As well as physical injuries, you may be wondering whether you could claim compensation for any psychological injuries in optician negligence claims.

If you have suffered harm due to an optician breaching their duty of care, there are a variety of psychological injuries that you could suffer from, including:

  • Anxiety
  • Post-traumatic stress disorder (PTSD)
  • Depression
  • A panic disorder

Depending on the severity of your psychological injury, this could impact your quality of life and affect how you function on a daily basis. If you can prove that your mental injury was caused by your optician breaching their duty of care, you could potentially make an optician negligence claim.

Contact our advisors today to receive free legal advice regarding your potential claim. They could also answer any question you may have about working with one of our No Win No Fee solicitors or about negligence claims.

Optician Negligence Compensation claims calculator

If your optician negligence compensation claim is successful, you could receive general damages and special damages.

General damages compensate you for the harm you have suffered due to an optician breaching their duty of care. Legal professionals could look at the Judicial College Guidelines (JCG) to help them when valuing this head of loss in optician negligence claims. The JCG provides guideline compensation amounts for various types of harm. Below, we have created a table with figures from the most recent edition of this document, published in April 2022. Please only refer to it as a guide.

Injury Notes Amount
Total Blindness The person is completely blind in both eyes. In the region of £268,720
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (i) The remaining eye suffers a serious risk of further deterioration, going further than the risk of sympathetic ophthalmia. £95,990 to £179,770
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye (ii) The remaining eye suffers with reduced vision or other problems such as double vision. £63,950 to £105,990
Total Loss of One Eye How much is awarded will depend on the person’s age, the cosmetic effect and the psychological problems. £54,830 to £65,710
Complete Loss of Sight In One Eye (e) Will take into account some risk of sympathetic ophthalmia. If there is scarring in the eye region, this is applicable to the higher end of the bracket. £49,270 to £54,830
Complete Loss of Sight In One Eye (f) Incomplete loss of vision in one eye. However, the remaining eye suffers little risk of reduced vision. £23,680 to £39,340
Complete Loss of Sight In One Eye (g) One or both eyes suffer a minor impairment of vision, including cases with double vision or sensitivity to bright lights. £9,110 to £20,980
Minor Eye Injuries Being struck or splashed with liquids is part of this bracket. It is likely to cause pain, and some temporary sight interference £3,950 to £8,730
Transient Eye Injuries Within a few weeks, the person will have completely recovered. £2,200 to £3,950

Your compensation settlement may also include special damages. This head of claim compensates you for the expenses and financial losses you experienced due to the optician negligence. Some examples of the losses you could be compensated for include:

  •       Travel costs.
  •       Care costs.
  •       Loss of income.
  •       Medical expenses.

Providing evidence regarding these losses, such as bank statements, receipts and payslips, could help support your claim.

To learn more about what could make up your payout for a successful optician negligence compensation claim, you can contact our advisors.

How to Start Your Optician Medical Negligence Eye Claim

Whether you’re considering starting a claim, or you have already made the decision to do so, it may be wise to know what is likely to happen when you take that first step. Initially, by calling Accident Claims UK, you will be connected to one of our legally trained advisers, who will take you through a series of questions about what has occurred and why you’re calling us.

Whether you’re simply looking for advice at this point, or are ready to claim, we will offer free advice that has no obligation for you to use the service we provide. Once we have ascertained the details, we will tell you if we feel your claim is valid. If it is, then we shall offer to provide you with a personal injury solicitor that best fits your needs.

If you agree, we will then put you in touch with them, sometimes as part of the same call. The No win No Fee optician negligence entails will be explained to you clearly so that you know what to expect. Your solicitor will also more than likely ask you to visit a medical professional of their choosing, an independent one, who will assess what has happened to you from a medical standpoint and write a report that will likely be used as part of the case.

Often, these appointments can be made local to you, so you should not have to travel too far. Once the medical report is back, then your personal injury lawyer will be able to begin the complex process of putting together a claim, while all you will have to do is let them fight for you for your compensation.

No Win No Fee Eye Injury Negligence Claims

If you are now considering making an optician negligence claim, you might be wondering whether you could benefit from the help of a legal professional. However, you may be worried about how much this would cost. When it comes to paying for the cost of a lawyer, you may be able to take advantage of claiming on a No Win No Fee basis. This would enable you to make a claim without having to fund your legal bills upfront. Instead, a small percentage of your compensation payout would go to your lawyer at the end of your claim as a success fee.

To make a claim under these terms, you would need to first sign a Conditional Fee Agreement. In this document would be details of the percentage you’d pay them out of your settlement in the event of a successful claim. Should your claim not to be successful, you would not have to pay this fee. Nor would you have to cover the costs incurred by your solicitor when they were pursuing your claim. If you would like to speak to us further about how you could benefit from our No Win No Fee service , we would be delighted to talk to you.

How We Can Help You Claim Compensation from An Optician

Should you be looking for an eye injury negligence claims service to help you, you’d be likely to want to know you’d chosen one that would work hard to help push your claim forward. With Accident Claims, you can be assured that we will. We work very hard to ensure that we listen and take down all the relevant details pertaining to your case before putting you in touch with the solicitor we feel is most capable of bringing your case to the best solution.

We offer free advice too, so there is no need to make any decision straight away. In terms of getting to grips with this area of the law, we can help furnish answers to even the most complex of questions, such is our level of expertise, and we can do so in a way that even someone completely unfamiliar with the law will be able to understand. Our years of experience have helped us know exactly what you, the injured party, are going through and how to help you in the best way possible. Why not test us out for yourself?

Speak to Our Team Today About Your Optician Negligence Claim

Whichever reason you’re seeking help, whether for legal advice or beginning a claim, or wanting to know about the personal injury claims time limit, 0800 073 8801 is the number to reach us on.

Our legally trained advisers have a wealth of knowledge to impart and can deal with most enquiries quickly and on the same phone call. Should you wish to contact us via another method, you can visit this page for all the details you’ll need to get in touch.

Useful Links Related To Making An Optician Negligence Claim

Want further information about eye injury, eye health and more about making claims? Then we have you covered. Here are some links you may find useful regarding eye injury.

Common Eye Injuries – NHS

Some eye conditions are seen here, and you can find more information on diagnosis and/or treatment.

Medical Negligence

If you want to learn more about medical negligence, and claiming compensation, then this link might help.

NHS Optical Practice Report

Taken from the government’s website, this is a report covering NHS optical practice.

Other Useful Guides

Thank you for reading this guide to making an optician negligence claim.