Have I got a claim?
To bring a claim for clinical negligence, we must establish that the treatment or care you received was negligent and that the negligence made a difference to the outcome. This means you have to be able to prove that the treatment fell below a reasonable standard of care and this caused you injury. We offer a half hour free interview to discuss what happened and advise on whether you have a claim.
How long will it take?
This very much depends on how long it takes to investigate the claim and whether the defendant denies responsibility (and defends the claim) and how quickly you recover from your injuries. We will be able to explain the likely timescale if we take your case on.
When do I have to claim by?
There is a strict 3 year time limit. This means that, if you have not brought and settled your claim by the 3rd anniversary of the accident, you must issue a claim form in the Court to protect your right to bring a claim.
There are exceptions to this rule:
If you were under 18 years old at the time of the accident, the 3 year time limit runs from your 18th birthday; i.e. you have until your 21st birthday. If the negligence or the injury caused was not known to you until after it happened, the time limits are different and depend on the facts of the case. We are happy to offer a half hour free interview to discuss what happened, the time limits and advise on whether you have a claim.
You should not leave things to the last minute. It is always best to contact us about a potential claim sooner rather than later.
What can I claim for?
You can claim for:
1. Compensation for the actual injury. This is to compensate you for the pain, suffering and loss of amenity. The amount depends on the facts, case law and Court guidelines. We can advise further on this once we have evidence about your injury(s); and
2. Compensation for financial losses and expenses. The basic rule is that if you have lost money or had to pay out for things because of the accident and/or your injury(s), you can recover these provided they are reasonable. This may include loss of earnings and cost of care. You can also recover for future losses. We can advise in full on what you can claim for.
How much is my claim worth?
This depends on what injuries you have, how long they go on for and what impact these have on your life. See also: What can I claim for?
What is "no win no fee"?
"No win no fee" is what most people call Conditional Fee Agreements. These are agreements between the solicitor and the client about the legal costs connected with the claim.
We can offer Conditional Fee Agreements for suitable claims. We are happy to offer a half hour free interview to advise on whether you have a claim and the funding options, including Conditional Fee Agreements.
Will I have to go to Court?
Most personal injury and clinical negligence claims settle without the need to go to Court. If your claim is likely to go to Court, we will prepare for this on your behalf and give you plenty of notice. We will be there to guide you through the whole process.
Can you take over from my current lawyers?
Yes. We have taken over claims for clients from other solicitors in the past.
Can I get Legal Aid?
Legal Aid is only available for clinical negligence cases involving neurological injury at birth or within 8 weeks of birth.
We are able to apply for Legal Aid on behalf of our eligible clients. Please contact one of our Clinical Negligence Solicitors for further information about Legal Aid.
Can I sue my doctor/hospital?
Yes, if they have been negligent and that negligence made a difference to the outcome. Please contact one of our Clinical Negligence Solicitors to discuss whether you have a potential claim against your doctor or hospital.
Won't the doctors stick together?
Not necessarily. To bring a successful clinical negligence claim, we usually need to get a medical expert(s) to prepare reports giving an opinion on the care or treatment provided, whether this was negligent and whether it made a difference. The experts we instruct are independent. We will find an appropriate expert for your case and we have experience of working with numerous medical experts.
Will it affect the way the hospital/my doctor treat me?
It shouldn't. You will still be entitled to treatment on the NHS, even if you are investigating or bringing a claim.