- Will it cost me anything to make a claim?
- How do I get my medical records?
- What if my claim relates to a child?
- Who can I make a claim against?
- How long does a claim take?
- What compensation will I get?
- How do I begin to make a claim?
- How long do I have to make a claim?
- What if my claim relates to someone who has died?
- What if someone lacks capacity to provide instructions?
We pursue all of our claims under a “No Win, No Fee” agreement. What this agreement means is that if your claim is successful we will be entitled to recover from your opponent, the party that pays your compensation, our fees on top of your compensation.
Since our firm was established 13 years ago, we prided ourselves on our clients receiving 100% of their compensation. As solicitors, we claim our legal fees from our opponents on top of any compensation and therefore, we gave you the guarantee that our clients receive 100% compensation.
However, following Government changes which came into force on the 1 April 2013, we are now not able to recover all of our legal fees from our opponent and therefore only on successful cases, we do make a small charge from our client’s compensation.
Therefore, if you are successful in your claim there will be a charge of up to 20% (although in many cases it may not be as much as this) of your compensation. If for whatever reason, you are unsuccessful we will make no charge for our work and therefore our agreement remains a no win, no fee agreement.
We have a dedicated medical records team. We do not ask you to do anything apart from sign a form of authority to provide us with permission to access your confidential records. We will request disclosure of your records from your surgery and/or hospital and pay the administration fee. Only your solicitor and an independent medical expert will see your medical records and we will destroy or return them to your surgery on completion of your claim if you request as such.
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You will act as the child’s litigation friend. What this means is that we will take instruction from you on behalf of your child.
The ordinary three year time limit for bringing proceedings does not commence until a child reaches majority age, which means they have until their 21st birthday in which to start proceedings.
Claims can be against any medical or healthcare professional. This includes hospital doctors, GPs, nurses, physiotherapists, dentists, pharmacists or paramedics, and against medical institutions such as an NHS hospital, private hospital or a GP surgery.
When you instruct us to look at the possibility of making a claim for the injury you have suffered, the first thing we will do is request copies of all your relevant medical records. The healthcare professional is obliged to provide your medical records. The length of time taken to obtain your medical records varies from case to case. It is heavily dependant on the number of different healthcare professionals and bodies involved in your case as well as how accessible your records are.
Once we have received your medical records, these are reviewed and an independent medical expert instructed to provide an opinion on the liability of the professional who provided your treatment.
If the medical expert report provides sufficient evidence that the negligence of a medical professional caused you to suffer harm, we would then write a Letter of Claim to the professional involved. The professional, or their insurers, then has a period of up to 4 months to investigate your complaint and respond. This response will either admit or deny liability.
The investigation of your potential claim up to this point can take 12 months or more, however, every case is different and will proceed on different timescales.
We will endeavour, throughout the claim process, to ensure you are kept fully up to date on the likely timescales of the work we are undertaking.
How much compensation you may receive varies depending on the severity of your injury, how you have been affected by the injury, how well you may recover from your injury and whether it will have a permanent impact on your life, for example, if you require nursing, care or assistance with daily activities.
You may receive compensation for:
- The pain, suffering and loss of amenity you have suffered
- Any loss of earnings you have already suffered, as well as for estimated future loss of earnings
- The cost of any care, assistance or nursing, provided by both professionals and friends or family, which you require as a result of your injury
- The cost of any medical expenses, for example, prescription charges, physiotherapy or other rehabilitation treatment, surgery or other types of treatment
- The cost of any specialist equipment which you need to aid in your recovery or assist you in your daily life
- The cost of adapting your home to meet your needs and ensure that you are able to remain there, for example, the installation of ramps or stair lifts. If your home is not suitable for adaptation and you are unable to remain in there, you may be able to claim the cost of purchasing suitable accommodation
- Travelling expenses, for example, to and from medical appointments
Simply call our free helpline on 08001583869 (0333 200 4720 on a mobile) and a specialist member of our team will be available to take your details and give you an immediate indication of whether we will be able to take on your claim.
Alternatively, complete the short enquiry form and we will contact you as soon as possible to take your details.
Our adviser will be able to give you information about the process of making a claim and explain our ‘No Win, No Fee’ agreement to you.
When your claim is taken on we will ask you to sign a Form of Authority and we will then request copies of your medical records from the healthcare professionals involved.
We will take care of all the paperwork and arrangements throughout and will ensure that you are fully updated regularly on the progress of your claim.
There are time limits for making a claim for compensation and you should speak to a legal adviser as soon as possible to make sure that you are able to make a claim.
If a claim is not started within three years from the date of the negligent treatment or advice (or three years after their 18th birthday, in the case of a child), you may be time barred.
Although these time limits are enforced, there are circumstances where you can make a claim even if you are outside the three year limitation period. It is always worth speaking to a legal adviser regardless of when you suffered your injury, to see if you are still able to make a claim.
Our adviser will be able to give you advice and information on time limits which may apply to your claim, and you will receive an immediate response about whether we are able to investigate your claim in any event.
If a loved one has died as a result of the negligent treatment they received you may be able to bring a claim for ‘bereavement damages’. This is compensation of up to £11,800 payable if your husband, wife or child under the age of 18 has died following negligent healthcare.
You may also be able to make a claim if you were financially dependent on the person who died, for example, if you were a spouse, a child under the age of 18 or in full time education or an elderly parent. This is based on the earnings, future earnings or future pension which the deceased would have received.
You may be able to claim for the pain and suffering that your loved one went through as a result of the clinical negligence, prior to their death.
If a loved one has suffered a disability as a result of the injury they suffered which has left them without the ability to understand information or make their own informed decisions, or if they suffered from this disability prior to receiving negligent treatment, they are said to lack capacity.
This can include suffering from brain damage, being left in an unresponsive state, such as a coma, or suffering from an illness such as Alzheimers, which means that they are unable to manage their own affairs.
If you wish to bring a claim on behalf of a loved one who lacks the capacity to make their own decisions, the time limit does not begin to run until they regain capacity. If they do not, this may mean that the time limit for their claim never begins to run and a claim can be made at any time. However, it is important that you contact us as soon as possible to begin the process.
Make a no obligation enquiry now
Call 08001583869 (0333 200 4720 on a mobile) or fill in the form and we’ll contact you: