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.