Your medical negligence claim – what’s involved?
‘Taking care of every aspect of medical negligence compensation claims’
Before we begin a claim on your behalf, we’ll look into the harm you have suffered, and find out whether it was due to negligence. We’ll base our investigation on what you tell us, and your medical notes. We may also talk to medical experts. Once we have all the facts, we’ll tell you what we think the next steps should be.
Expected damages in a medical negligence claim
How much compensation you could receive depends on your circumstances. However, we would take into account loss of earnings, any costs you have incurred and any losses you’ve suffered due to your injury. You may also be entitled to damages for pain, suffering and effects on your everyday life. If your case is severe, you may also want to claim for damages to meet past and future care costs.
- How long can medical negligence compensation claims take?
Hopefully we should conclude your case within three years of being instructed, although this could take longer if your injury is severe. We try to settle most cases by negotiation before going to court. Sometimes the court can award an ‘interim payment,’ and pay a proportion of your likely compensation award early. This can only happen if your opponent admits negligence. You normally have to use an interim payment for certain specified things, such as accommodation or equipment.
- Arranging compensation for medical negligence compensation claims
Once your compensation has been agreed, we can give you advice on how best to fund your care. The court will decide whether the compensation should be paid in a lump sum or instalments, which are normally used if you need extensive long-term care.
- Protecting your compensation pay out
Any compensation you receive after a successful medical negligence claim is designed to fund the extra levels of care and support you’ll need for your injuries. We can help you protect the real value of your compensation by placing it in a compensation protection trust. This means that you and/or your partner can continue to claim any means tested benefits.
A compensation protection trust can be extremely helpful, as a lump sum pay out could otherwise mean that you lose out on state or local authority assistance. It’s not a loophole, but has been set up by the Government to meet the specific needs of negligence claimants. It’s worth setting up a compensation protection trust early on in your claim so you’re covered from the start.
“A premier Somerset firm with experience of a broad range of high-value matters, including catastrophic birth injury claims. Routinely engaged on cerebral palsy cases and spinal injury claims, and offers expertise in weight loss surgery and dental negligence matters. Strengths (Quotes mainly from clients): “Withy King were caring and understood us. They listened to our concerns and needs, and helped in whichever way they could.” “They are incredibly organised, easy to approach and they have a very supportive team who are incredibly sympathetic.” Notable practitioners: Head of department Simon Elliman (Band 1) oversees an array of complex claims, including cerebral palsy and spinal injury matters. In addition he acts on dental negligence cases. Sources say: “He is very able and he inspires confidence through calmness.” Market observers consider Paul Rumley (Band 1) “a very approachable lawyer with vast experience on high-value and complex cases.” He handles a range of matters including birth injury claims, fatal accidents and delay in diagnosis of cancer claims.” Chambers 2017 Somerset
“Highly commended firm with an excellent reputation across a broad spectrum of clinical negligence matters. Routinely acts on catastrophic cases including brain and spinal injury claims. Also noted for its handling of matters arising from amputation, delayed diagnosis and weight loss surgery. Strengths (Quotes mainly from clients): “They’ve been amazing. They spoke to me on a level I understood. They are very understanding and compassionate and they advised me well the whole way through.” Notable practitioners: Head of department Richard Coleman (Band 1) offers vast experience of complex claims involving cerebral palsy, spinal injury and bariatric surgery, among other matters. “He is very good at negotiating settlements in difficult cases” and “doesn’t lose sight of the human aspect of it all,” assert sources.” Chambers 2017 Oxford and surrounds
“Royds Withy King is a ‘leading firm’ for catastrophic birth injury cases. Key figures include practice head Simon Elliman, who handles dental negligence, cerebral palsy and spinal injury claims; ‘first-rate solicitor’ Paul Rumley; and Kerstin Kubiak, who stands out for her ‘exceptional analysis’.” Legal 500 2016 South West
“The ‘knowledgeable, dependable and competent’ team at Royds Withy King is led by ‘astute strategist’ Richard Coleman and includes Tracy Norris-Evans, who is ‘extremely knowledgeable and committed to her clients’.” Legal 500 2016 South East