For specialist guidance on how to make a medical accident claim on a No Win – No Fee basis, call our free helpline on 0800 975 8091 or send an email to [email protected]
When a medical accident occurs resulting in a patient suffering injury then that patient may be entitled to claim compensation for medical negligence. Examples of medical accidents include mistakes made during surgery, a missed diagnosis or incorrect medical treatment being provided.
Compensation is awarded for the harm the patient suffers, as well as the financial consequences.
If you have been the victim of a medical accident and want to know where you stand on claiming compensation then contact our expert lawyers to discuss your case. We offer free initial guidance and are able to work on a No Win, No fee basis.
Should I appoint a solicitor?
Although you don’t have to apppoint a solicitor to deal with your medical accident claim, most people bringing a medical negligence claim choose to do so. This is because medical negligence law is complex and it helps to have an experienced lawyer looking after your intersets.
The cost of legal representation has put people off appointing a solicitor in the past. However, because we offer No Win, No Fee funding you are no longer required to fund your legal fees upfront and if you lose the case there’s nothing to pay. This has significantly improved access to justice and patients should no longer feel intimated by worries about funding legal costs.
You can read more about how our own No Win, No fee scheme works here, but concerns about paying legal fees really shouldn’t put you off appointing an specialist medical negligence solicitor who will ensure you receive justice.
How does the compensation claims process work?
We generally start off a medical accident claim by gathering evidence to prove that negligence has occurred. This usually includes obtaining your medical records and preparing a detailed witness statement. We will also arrange for an independent medical expert to write a medical report on your case. The report will focus on the circumstances of the medical accident and the effect it has had on your life.
Once we have prepared the case we will draft a formal Letter of Claim which is then sent to the hospital, doctor or medical organisation that was responsible for your treatment.
Your claim will be investigated by them and they will then provide a Letter of Response. In their Response they may admit that a mistake was made. This usually opens the way for a negotiated settlement to be reached.
If they do not accept that they were legally at fault then we may have to commence court action. Once court proceedings are started the court will impose a timetable which the lawyers on both sides must follow. This usually includes the date by which witness statements must be exchanged and the date by which the medical experts need to meet to discuss the case.
Most cases go on to settle out of court. Only a very small percentage go all the way through to a contested trial in front of a judge.
How much compensation am I likely to receive?
Your compensation (whether arrived at by negotiation or awarded by a judge) will generally be made up from separate amounts for your pain and suffering, the financial impact of the medical accident (like lost earnings) and future costs and expenses for medical treatment or care.
Every medical accident claim is different and we assess the value of each case individually, based on the evidence we obtain.
However, we can usually give you a rough idea of what your case is likley to be worth right at the outset and will be happy to share our thoughts with you.
Are there any time limits for bringing a medical accident claim?
Strict time limits do apply so it is important to speak to one of our medical negligence solicitors as soon as possible. Not only will the details still be fresh in your mind, but this minimises the risk of missing an important deadline.
The usual time limit is 3 years from the date of the medical accident, but where it is not immediately apparent that an error has occurred then the time period can be 3 years from finding out that the treatment you received was negligent.
Exceptions to this rule arise where the victim lacks the mental capacity to bring the claim themselves or is a child under the age of eighteen (in which case they have until their eighteenth birthday).
How can I afford to bring a medical accident claim?
We know that people often worry about paying legal costs and in some cases this can put them off seeking justice altogether. However, because we deal with medical accident claims on a No Win – No Fee basis there are no upfront fees to pay and you won’t owe us anything if you lose your case.
How can I get a free case assessment?
If you would like one of our expert lawyers to assess your case for free then contact our legal helpline on 0800 975 8091 or send an email to [email protected]