Anyone who has suffered a serious injury through no fault of their own has the opportunity to bring a serious injury claim. There are, however, a few things to keep in mind. Time Restrictions on Claims – First, the serious injury must have taken place in the last three years for a claim for compensation to be pursued, based on the date the injury occurred. This time restriction applies to those age 18 or older. Make a Claim on Behalf of Loved One – If a loved one has experienced a serious injury and has a claim for compensation, you may start the process on their behalf. When your loved one is under the age of 18, the three-year time restriction does not start until their 18th birthday. Exceptions to the Rules – There may be some exceptions to the three-year rule for serious injury claims, so it is important to get in touch with us if you believe you have a claim for compensation. The sooner you reach out to our solicitors, the quicker we can start working on the serious injury claim for you or your loved one.
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We know that making a claim can raise a few questions - below are some of the ones we get asked most often...
Does it matter which solicitor I choose?
It is very important that you talk to an experienced, specialist law firm like Fletchers. You should consider taking the time to research a solicitor to ensure that they have the relevant experience. Depending on your situation, charities and other similar organisations can provide you with a directory of approved solicitors and a list of questions to ask your solicitor to ensure he/she has sufficient experience / knowledge of your injury or situation.Back to top
What are the Time Restrictions for a Medical Negligence Claim?
There are some time restrictions when it comes to filing a claim for medical negligence against a healthcare professional. In most cases, you have three years to make a claim, either from the date the negligent care took place or from the date you first realised negligent care was the reason behind an illness or injury. However, if you are making a claim for someone who is a minor or who does not have the mental capacity to make a claim on his or her own, the three-year restriction may not apply. No matter which circumstances you fall under, it is critical that you contact our team of solicitors as soon as you are able. Because a medical negligence case requires a personal account of what took place, the fresher your memory, the better. The sooner you contact us, the quicker we can begin building your case.Back to top
How do I Start a Medical Negligence Claim?
The first step in the process of making a claim for medical negligence is to get in touch with us. First, we want to determine the gravity of your case and gain an understanding of what took place directly from your perspective. From that point, we work to gather documentation, such as medical records and doctor’s reports, which help provide the context of your experience and the impact it has had on your quality of life. With this information, our team can begin to build you case and investigate the amount of compensation you may be entitled to, to cover pain and suffering, loss of income, or the cost of ongoing medical treatment. Your initial step is to contact us via telephone or our simple online claim form to discuss the details of your experience. We recognise this is a big step, but you have nothing to fear. All the advice we offer is at no cost to you, and it is treated with the strictest level of confidence. From day one, we dedicate our time and resources to help you rebuild your life and get back on track, no matter what that takes.Back to top
Who Pays for a Medical Negligence Claim?
At Fletchers all of our medical negligence cases are structured under a conditional fee agreement, also known as a No Win, No Fee agreement. This means that you have financial peace of mind starting a medical negligence claim – our team of solicitors gets to work for you without requiring any money upfront. If your claim for medical negligence is un-successful, and you have cooperated fully with your case, then you will not have to pay a penny. Instead of worrying about the financial aspect of working with our solicitors, you can focus your energy on healing. We’ll do the rest. We know how difficult it is to live with an illness or injury due to poor quality medical care, which is why our main focus will always be you. Our medical negligence solicitors will take great care to make sure you get the best service that is not only professional but with an understanding of your unique experience. We promise to be by your side every step of the way, working to get you the compensation you deserve to get back to being you. If you’re ready to talk with one of our medical negligence solicitors, give us a call or fill out our simple online claim form today.Back to top
What is a Serious Injury?
Serious injuries have a devastating impact on the individual who experienced the injury as well as their family members and loved ones. Typically, these injuries are more severe than more common personal injury claims, and as such, the effects may reduce one’s quality of life. A serious injury can take place anytime and anywhere, and from a variety of causes, but one thing remains constant – the impact of a serious injury is long-lasting and life-changing no matter its culprit. Many people who have suffered a serious injury need the help of compensation to regain some semblance of their independence, to complete long-term rehabilitation, or to offset the time they must spend away from work and earning an income as they heal. Serious injury law is designed to help those who have lived through the devastating aftermath of a serious injury and need compensation to get their life back on track. With Fletchers Solicitors, those who have experienced a life-altering injury receive a free serious injury assessment to determine the immediate and long-term financial assistance that may be needed. Our expert team is here to help you or a loved one recognise when a serious injury claim is the next step.Back to top
What Types of Serious Injury are Common?
- Spinal cord injury
- Fatal accident
- Road traffic accident injury
- Brain injury claims
- Holiday accidents
- Amputation incident
- Serious injury at work
- Criminal injury claims
Although this list does not provide the full scope of all the possible serious injury claims one could experience, it offers a glimpse into what serious injury may entail. If you are unsure if your injury falls into this category of common catastrophic events, get in touch. Our team of solicitors is available to help you understand when you may have a claim for serious injury and compensation because of what you have experienced.
How Much Compensation Can I Receive From a Serious Injury Claim?
Every serious injury compensation case is different from the next, and so the amount of each claim differs greatly. What you can expect from serious injury claims is financial compensation based on the kind of serious injuries you have suffered and how they have negatively impacted your life in both the immediate and long-term. The more severe a serious injury is, the higher the compensation can be for a serious injury claim. If you or a loved one has experienced a serious injury, several factors are included in the calculation of how much financial compensation you are due. These serious injury claim factors often include:
- Loss of earning potential from work
- Adaptations to your home
- Rehabilitation services to regain a quality of life
- General damages (pain and suffering compensation)
Compensation for a serious injury claim is not black and white, but instead requires a close review of what happened in your specific experience. Contact Fletchers Solicitors to discuss the specifics of your claim and how you may be able to get the financial compensation you deserve.
Who will my claim be against?
- The driver of a vehicle involved in a road traffic accident (RTA) in which you sustained your injury (this could include a vehicle in which you were a passenger).
- A local authority, if your injury resulted from a slip and trip accident in a public place, or the owners or occupiers of any private premises in which you were injured (public liability), or your employer if you were injured at work (employers’ liability).
- An NHS Trust if your injury results from medical error or misjudgment (medical negligence). In practice, you will be dealing with the defendant’s insurance company and their legal representatives.
Under certain circumstances there may be no defendant in the normal sense and you may need to seek compensation from another source, such as:
- The Motor Insurers Bureau (MIB) if the driver involved in an RTA is uninsured or cannot be traced following a hit and run incident.
- The Criminal Injuries Compensation Authority (CICA) if you are victim of criminal assault (applications to the CICA for compensation are subject to a two year time limit).
How long will the claim take?
There is no single answer to this. The length of your claim will be determined by a number of factors such as the complexity of the claim, any unforeseen complications, the severity of your injuries and length of recovery. In some serious injury cases such as spinal or brain injuries, it can often take several years to conclude. Taking these factors into account, your claim could take anything from 6 months to several years (2-5 years) for serious cases, although this can be longer in cases involving children or where complex issues arise. If liability (blame) is disputed it may be that a liability trial is held to determine who was to blame for the accident (in whole or part). This may result in delays in investigating the value of your claim until such time as a judge has made a ruling on apportionment of blame / fault. Once the issue of liability / blame has been resolved, a vital part of the claim is assessing how much compensation you are entitled to. Valuing the claim involves assessing what impact your injuries have had since the accident and the future. We need to be in a position for the medical experts to advise on prognosis (your future medical situation) as well as the need for further treatment / surgery in the future. Often the medical experts need to wait for the injuries to “settle” and for the customer to undergo treatment / rehabilitation before offering such an opinion. The timescale for concluding your claim is therefore governed by the level and complexity of your injuries and recovery period. Our job as your solicitor is to assess all past and future damages / losses resulting from your injuries. For example, some customers are able to return to work following their accident whereas others are unable to do so. Detailed calculations sometimes need to be undertaken in order to assess the long-term financial impact of no longer being able to work. Likewise, sometimes our customers have complex care needs and these need to be assessed and valued for the rest of their lives before the claim can be concluded. Unfortunately, it can take time to build up this picture and gather the necessary evidence although we always strive to conclude cases as soon as possible and without delay so that you can move on with your life. Whilst the case is ongoing we try, as far as possible, for it to have minimal impact on you day-to-day, giving you the space and time to re-build your life.Back to top