The compensation claims process
For us to move forward with your claim there are a number of things we need from you to help us understand your case and advise you on the matter. These include:
- The details of the incident, the date and time it happened and who was involved, this is relevant to both personal injury and medical negligence cases.
- We’ll need the details of your injuries and any treatment undertaken. For medical negligence cases we’ll also need your medical records if we think you have a valid claim.
There are other things that can prove useful in establishing a claim, for example:
- Any notes you have on the expenses you have incurred as a result of your injuries, this can include travel expenses, child care and medical expenses.
- Details of any insurance policies you have, there are lots of household and motor insurance policies that included legal expenses, this will help us advice you on how to fund your claim.
Once we have all this information and we’ve had a detailed conversation with you we will study the cases notes and evidence and be able to advise you on whether you have the grounds to make a claim.
If you feel you want to move forward with your claim we will give you an estimated timeframe and an estimate calculation of your compensation. We will also discuss with you the options to fund your claim, the majority of our cases are handled on a no win no fee basis.
It’s then over to our team to look at the evidence you have provided and advise you on whether you are in a position to make a claim. Your claim will then be processed; we will let you know who will be handling your claim and the timeframes and stages of the process. At this point your options for funding will be discussed, personal injury solicitors fees are often a concern for clients, the majority of our cases are taken on a no win no fee basis but we will discuss this with you.
What you can do
For any claim you will need to see a medical professional to document the extent of your injuries, you can arrange this yourself or we can sort this for you. The report will help us to estimate the value of your claim.
Letter of claim
Once we have all these details we will send a “letter of claim” to the organisation or person responsible for your injury. The letter will outline your injuries and how they occurred. If at this stage the defendant accepts liability for your injuries we will aim to settle your matter without going to court.
If defendant does not accept full or partial liability or they offer you a lower sum that you can expect to settle the case we can advise you on the options available to you which can include going to court.
If you case needs to go to court, the timeframe is in the hands of the judge. The court will advise on the hearing date and we will let you know what you need to do. The judge will look at the details of your case and make an award which is usually received in about a month.
Compensation for personal injury
When many people think of personal injury compensation, they immediately think of whiplash. Over 70% of claims are indeed related to neck injuries, usually caused in road traffic accidents. However, personal injury claims cover a broad spectrum of accidents and injuries caused in traffic collisions, in the workplace or trips and slips in public places.
Compensation for injuries is awarded for two distinct things, general damages and special damages. General damages are specifically for your injuries, and the pain caused, special damages are designed to cover your financial losses, this could be for things like time off work, rehabilitation and costs relating to your care and recovery.
Claims management companies
Many insurers encourage their customers to use claims management companies to deal with smaller claims, usually those for whiplash injuries. It is important to note that many of these companies do not use a solicitor; in these instances, the claim will not be able to go to court should it need to, this growing trend has led to a significant increase in claims being undervalued, meaning you do not receive the compensation you are entitled to.
As with all compensation cases, there is a time limit for making a claim. It is three years from the date you were injured or the date you became aware of the injury; this is usually particularly relevant for industrial disease cases where the injury does not become apparent for several years. It is therefore advisable to seek the advice of a solicitor as soon as you are aware of an issue.
Claims for medical negligence compensation
The first question clients usually ask us is about compensation payouts and guidelines. Medical negligence claims are very different to claims for personal injury. For a successful claim, it is essential to prove a "breach of duty" by the healthcare professional which means the care you received was below the standard that could reasonably be expected of a competent medical or healthcare professional. Our claims calculator will help you understand the broad scale of values for claims.
As with all negligence claims, there is a time limit to claim. This is why it is so important to speak to a medical negligence solicitor as soon as you become aware of your injuries or aware that there is an issue. For the majority of claims, you have three years from the date of knowledge to start your claim.
Our medical negligence lawyers will need to know as much detail as possible about your injuries and the impact they have had on your life. This is to make sure the claim for compensation covers your lifetime needs.
Medical law cases are complicated by their nature. The process involves gathering medical evidence, reports, scans and x-rays and seeking the guidance of expert witnesses. We also take a witness statements from you to determine the impact the injuries have had on your life.
It can seem like a drawn-out process, but it is crucial to ensure you receive the right compensation.
We do the majority of the work so it shouldn't deter you if you are a victim of negligent medical care.
It's important to remember that pursuing a claim will only help you seek financial compensation. Many of our clients are looking for more; they want an apology and an explanation for their treatment and injuries. Our solicitors can explain the complaints processes and options available to you.
Medical negligence cases payouts UK
Our team have over 25 years' experience dealing with medical negligence claims. Please see our medical negligence case studies for further details of our cases.