How to start a medical negligence claim
Before starting a medical negligence claim, the first step is to get the right advice and find the best solicitor. You might be feeling unsure who would be best to handle your claim – there’s a lot of choice out there, and it can feel overwhelming.
Unlike some other claims companies, we offer free, impartial advice without the pressure of starting your claim. This means we’ll be happy to answer your questions and give you more information, and we’ll never rush you into taking it any further.
We work with a network of specialist medical negligence solicitors across the UK. Using our expertise and experience, we give you the support you need and can put you forward to the right solicitor to deal with your case if you decide to go ahead with a claim.
Is there a time limit for starting a claim?
Most medical negligence claims should start within three years from the date of the accident, injury or negligence.
There are some exceptions to this. For example, if your child has experienced medical negligence then they have until three years after their 18th birthday to make a claim.
Also, if you’re looking to make a claim on behalf of a loved one after they’ve suffered from severe head or brain trauma, then you may have longer to start a claim. If you have any doubts about whether you could make a claim, we recommend that you get in touch with us.
Can you claim against the NHS?
If you’ve suffered a delayed diagnosis, misdiagnosis or negligence because of an NHS professional within the last three years, then it’s likely you can make a claim against the NHS.
Although it may seem daunting, our solicitors will be able to take you through the process step-by-step, and will keep things as simple and stress-free as possible.
Read more about making an NHS claim.
How long does a medical negligence claim take?
Our specialist solicitors will work hard to make sure your case is settled as quickly as possible.
There are many different types of medical negligence and each case is unique – this means we’re unable to tell you how long a case may take before you start your claim. We look at each case on an individual basis to help you get the compensation you need.
You can be sure that our solicitors will work to a very high standard of service. This includes keeping you updated throughout your case: you’ll always know what stage your claim is at and you’ll hear about any changes as they happen.
Will you need to go to court?
The majority of the claims we work with are settled outside of court, so it’s unlikely your case will need a court hearing.
There are some occasions where a case may need to go to court. If this applies to you, your solicitor will be able to guide you through everything so that you don’t have to worry.
No win no fee and medical negligence
Where possible we’ll always try to help you make your medical negligence claim using our no win no fee agreement.
No win no fee protects you from the costs of your claim if it’s unsuccessful – if you don’t receive your compensation, then you won’t have to pay your solicitors’ fees.
Our no win no fee agreement also means you’ll be protected from upfront costs and hidden charges, giving you one less thing to worry about during your claim.
Unfortunately, we’re unable to offer medical negligence claims based in Scotland using no win no fee.
How do you prove a medical negligence case?
For you to be able to receive compensation for medical negligence, your solicitor will need to prove that the treatment you received caused your injury or made your condition worse.
Our solicitors will do most of the work for you – they’ll need some paperwork from you, but they’ll negotiate with the other party on your behalf.
You can support your claim by keeping information about your treatment. If it’s possible, you should keep receipts of anything you’ve had to pay for because of your negligent treatment and keep a record of medical appointments. This will help us make sure you’re not left out of pocket.
How much will you be able to claim?
Medical negligence cases can vary hugely, so it’s not possible for us to say exactly how much compensation you’ll receive. Your solicitor will usually be able to give you a guideline figure once we’ve put you forward to them.
Your solicitor will look to cover any impacts caused by your injury, as well as the future effects it may have on your life and your loved ones.
This includes any expenses, such as private medical treatment, prescription costs, medical equipment or care. Any lost earnings from time off work will also be taken into consideration.
As well as the financial impacts, your solicitor will take into consideration the pain and suffering the negligent treatment has caused you, as well as the effect it’s had on your everyday life including your hobbies and social life.
Can you make a claim on someone else’s behalf?
If you’re reading this because a close friend or family member has suffered due to negligent medical treatment, then we can help you make a claim on their behalf.
Whether they’re unable to claim because of the extent of their injuries, or they just don’t feel ready to speak to us, we’re here to help.
Our legally trained advisors will be able to answer any questions you may have, and can let you know whether your loved one could be able to make a claim. We’ll never rush or pressure you into taking the next steps.