Our medical negligence solicitors offer a no-win no-fee system, and in appropriate cases use legal aid to help you pursue a compensation claim. Our firm's civil litigation solicitors are experts in the field of medical negligence law, and are members of the Solicitors' Regulation Authority Panel of Clinical Negligence Experts.
If you believe that you have a potential negligence claim, then we encourage you to get free legal advice from one of our experienced medical negligence solicitors who specialises in the subject. You can do this either via the helpline or you can email our offices. There is no obligation or charge if you do not wish to proceed.
Fortunately, it is still possible to receive legal aid to cover your solicitor's costs, if you want to make a case for compensation for a clinical error, which normally involves taking the case to court. Eligibility is limited to adults over 18 years of age who either have a low annual income, or who are in receipt of certain government benefits. The rules for children under 18 are different, and they are generally accepted for legal aid assistance, unless they have a substantial amount of money in their own name. Parental income is not considered in the assessment of means.
CFAs (Conditional Fee Agreements), commonly referred to as no win no fee arrangements, are the norm for a large percentage of civil legal cases which pursue various forms of medical negligence. CFAs are not all the same and vary according to the financial agreement between the solicitor and the client. Some lawyers specialising in medical negligence require upfront funds to cover basic expenditure such as court fees and medical reports however our medical negligence solicitors do not ask for any funds on account to cover their charges for legal work.
Awards are in line with the law on medical negligence, and the compensatory sum is dependent on various factors such as: long-term disability, the degree of the injury, and the recovery time. There are two main categories pertaining to a claim: special damages, and general damages. The former applies to: expenses that have been charged to date, a loss of earnings, and the cost of care. Conversely, the latter comprises remuneration for less tangible things such as suffering and pain.
In the case of personal injury, the primary time limit is three years. However, this period is not initiated until the date the claimant is conversant with the defendant's identity, and the claimant understands that the injury they have sustained is both due to negligence, and is significant. In the case of minors, the mandatory time limit of three years does not start until the claimant has reached their 18th birthday. When a claimant has a mental disability, the period of three years does not begin until their have regained total mental capacity. In instances when lost mental capacity goes on for extended periods, compensation claims may be processed for a significant amount of time after this limit has expired. In serious cases of permanent mental disability, another person can make a claim for compensation on the claimants behalf, without any time limit.SOLICITORS HELPLINE: ☎ 0330 660 7004