Medical negligence claims can feel like daunting processes if you don’t have expert knowledge of how the legal system works. Having the right assistance and knowledge, however, can ensure that you make the best possible decisions to protect your best interests and future.
Whether you’re making a claim on your behalf or on behalf of a loved one due to medical negligence, there are a few things you need to know before you make a claim.
1. You Might Not Go To Trial
The majority of medical negligence cases are settled outside of court, as the defence often comes forward with an offer to settle financially. Settling outside of court, however, isn’t a guarantee and you also need to be prepared in the eventuality that your case does proceed to trial.
Every case is different, and all factors are considered to calculate compensation and whether your case proceeds to court.
2. There are Time Limits
Claims usually follow a three-year time limit from when you are aware of the negligence. There are two main exceptions to this rule: if the patient is minor, then the three-year limit is extended from when they turn 18 years old until they’re 21 years old.
Should the patient lack mental capacity, an additional exception will be made. It’s unlikely that other exceptions are made, however.
3. You Can Claim on NHS or Private Care
You can make a claim on your medical negligence from NHS or private care, including doctors and all medical staff that attended to your care. This includes cosmetic surgeons, dentists, eye clinics, and any other medical practice.
4. The Claim Might Take Longer Than Expected
When making a claim, the process can take between 18 months or three years. Depending on the medical practitioners’ liability, the complexity of your claim, and the injury sustained, the duration from starting the claiming process and receiving compensation can be a lengthy one.
5. Medical Witnesses are Invaluable for Your Case
Claims require medical witnesses to provide medical expertise and professional opinion in most cases. Gathering evidence will help your claim by establishing that your injury was due to negligence, the long-term impact of your injury, and the causal link between the negligence and the damage caused.
6. No Win, No Fee Makes Sure You’re Not Out of Pocket
No Win, No Fee means that you don’t have to worry about your financial situation when pursuing a claim. Should you be unsuccessful in making your claim, you won’t need to pay your solicitor. At The Claims Partnership, we take out insurance to make sure that your case is covered should you not win.
All of our services are covered under this policy – a fact that we always ensure you are aware of before making an agreement. No Win, No Fee guarantees that you have peace of mind during the entire process.
7. An Experienced Solicitor is Crucial
It’s crucial to have an experienced medical negligence solicitor, as extensive knowledge of the field is needed to make a claim. We have comprehensive experience with a wide variety of negligence cases and we will advise you every step of the way.
We always ensure that our clients have a professional and caring approach to every case. We understand how making a claim can be a difficult time and we will ensure that you have the best possible chance to gain the compensation that you deserve.
Contact our team on 01772 562084 to know more about how to start a claim process with us.