Get the medical compensation you deserve

It is very difficult to give precise information about how long your case will take because every case is different and there is no defined timescale. It will depend on a number of factors including the complexity, the nature of your injuries and whether the claim is contested.

Medical Negligence cases can be notoriously protracted, due to their complexity and the need to obtain expert evidence. You will need patience as they are not normally concluded quickly.

Each case and each compensation award is different.

The compensation you may be entitled to will depend upon the particular circumstances of your claim but will include sums for the pain, suffering and loss of amenity caused (known as “general damages”).

In addition, you will be entitled to compensation for any financial losses or out of pocket expenses you have already incurred and expenses which you may incur in the future (known as “special damages”). Special damages can include aids and equipment, medication and prescription costs, private treatment and rehabilitation costs, travelling expenses, loss of earnings, loss of pension, care given to you by friends and family, and house adaptations or a new property.

The general rule is that a medical negligence claim must be brought within three years of the date of negligent act or the date you first became aware that you had suffered an injury due to negligence.

The following exceptions apply:

• Children: The three-year time limit starts from your child’s 18th birthday, so an injury claim needs to be started before they turn 21.
• Death: If you are claiming for a partner or family member who has died as a result of negligence, the three years starts from the date of death or when the negligence is discovered – whichever is later.
• Mental Capacity: Where the injured person lacks mental capacity at the time of injury, there’s no time limit until and if they gain capacity.

The majority of medical negligence cases settle “out of court”. Cases that are most likely to go to court are those where liability is contested, or where there are complex issues about the nature of the injury you have suffered. In this case, we will be with you every step of the way.

You should not experience any problems relating to your ongoing treatment from a person or department you are claiming against. However, some people do feel uncomfortable, and you have the right to request to transfer your care elsewhere.