Medical Negligence Solicitor In Kingston-upon-Hull
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Kingston Upon Hull Medical Negligence Solicitors
No one likes being let down by someone they trust, but when the implications affect your health, and possibly even your life, the effects can be devastating. Our Medical Negligence Solicitors in Kingston Upon Hull know better than most the impact medical negligence can have on the lives of victims and their families.
Proving negligence is not easy. The success of any compensation claim rests on the ability of the solicitor to build a robust case which will withstand challenges from the defendant’s legal team and be upheld in court if necessary.
The Medical Negligence Experts work with leading solicitors and medical professionals to ensure our clients can access maximum compensation. We want you to have every opportunity to recover from your injury, and compensation will help you achieve that. Why should you suffer financially because somebody made a mistake with your medical care, or worry about how you will pay your bills because you are unable to work thanks to an injury received through no fault of your own.
Our medical negligence solicitors in Kingston upon Hull are here to help with legal representation, advice and information to assist you on your road to recovery.
Claiming Compensation for Medical Negligence
The starting point of any successful compensation claim begins with a thorough discussion with a lawyer who specialises in handling medical negligence claims. It is important to work with a solicitor who understands the nuances and intricacies of medical negligence law to give your claim the best chance of success.
As part of your initial consultation, your lawyer will ask you a lot of questions about the circumstances around your injury. They will look to see if a particular person or process was responsible for your injury, rather than it resulting from a pre-existing condition or just bad luck. Negligent care on its own is not a sufficient legal reason to ask for payment of compensation. Damage must occur to you to request payment for damages.
Once your solicitor has verified you have legal grounds to make a claim, they will notify the other party that you intend to do so. Once this occurs, they will return to collecting evidence to build a claim to support your request. This evidence can include your medical records, and a report from an independent medical expert who will provide a clear picture of the extent of your injury, the effect on your health, and any potential repercussions for the future.
Consequently, your full claim goes to the lawyers working for the other party. They then have four months to conduct their own investigation and respond in writing.
Their response will affect the next step. The other party might then settle your claim if they:
- accept responsibility for your injury, and;
- pays a fair amount of compensation to your account.
What typically happens, is a negotiation to agree the extent of responsibility and the amount of suitable payment.
Only if the other party refuses to accept responsibility and we have proof of negligence, or you are unable to agree on what is an acceptable amount of payment. We then recommend you submit your claim to court and start the litigation.
Common Types of Medical Negligence Claims
At The Medical Negligence Experts, we handle all types of medical negligence claims. No branch of medicine is without risk. At the heart of most treatments is a human being who can easily make a mistake. Types of claims we handle include:
- dental negligence claims;
- care home negligence claims;
- hospital negligence claims;
- pharmacy and prescription error claims, and;
We can help you with your application for compensation. Whether you were receiving treatment under the NHS or under the care of a private practitioner. All claims made against the NHS go to the NHS Litigation Authority. We have extensive experience in successfully managing claims made against the NHS. Plus our medical negligence solicitors in Kingston upon Hull can help you too.
The majority of claims we handle come against NHS practitioners or health boards. Types of NHS negligence claims can include:
- Hospital negligence, including hospital-acquired infections.
- Delays in referring a patient for further assessment or treatment.
- Errors made during surgery or post-operative care.
- Injuries and undiagnosed illness during pregnancy and birth.
For your compensation claim to have legal grounds you need to show cause, that is, that someone harmed you with substandard treatment. You also need to demonstrate damage, which is proof of your injury or the worsening of your pre-existing condition as the result of the negligent treatment.
Our goal is to make claiming compensation as easy as possible for you. To this end, we offer you a free, no-obligation legal consultation to help you understand:
- if you deserve to claim compensation;
- how much you could expect to receive;
- how long compensation claims take, and;
- any other aspect of submitting a request and the process of securing payment of damages.
We have answered some of the most frequently asked questions about claiming compensation for medical negligence.
Can I claim compensation?
If you can answer yes to these three questions, you may deserve to claim compensation for medical negligence.
- Did you suffer an injury in the course of your treatment?
- Do you believe this injury was avoidble?
- Did it happen within the last 3 years?
Of course, things are not always so simple. Sometimes responsibility is not always clear. Maybe only a portion of the blame goes to the Healthcare professional responsible for looking after you. Our role is to separate what is from what may have been caused by your existing illness or condition. Once we have a clear picture, we will be able to raise a credible legal claim to secure you the compensation you deserve.
How long will my medical negligence claim take to settle?
The typical processing time for an average medical negligence compensation claim is between 12 and 18 months. We appreciate that having a solicitor in your life, no matter how helpful, is also intrusive. Therefore, we aim to settle your claim as soon as possible. That way, you can get on with your life and make the best possible recovery. We won’t rush your application or cut corners comma to secure a speedy settlement at the expense of obtaining every penny of compensation that you deserve.
Your claim may take longer than the average processing time if you have significant or life-changing injuries. It may also take longer if the extent of your injuries is unknown, with long-term implications that cannot yet be determined. In these instances, as long as the other party accepts liability, we may be able to obtain an interim compensation payment to help prevent you from struggling financially in the short term.
Acceptance of a compensation award is final. It is important to assess the extent of your injury. Plus, the impact this has on your life both now and potentially in the future, thoroughly. Because once you accept payment, you cannot reopen a claim or start a new one. Even if, in the future, you realise you may deserve to earn more money.
How can I find my medical negligence claim?
You have several options with regards to funding your medical negligence claim. Your lawyer can talk to you about these before you decide whether or not you wish to proceed. One option is to pay privately, using your own savings or income to cover the cost of your legal fees. The benefit of this is that you keep 100% of your compensation, however paying for a lawyer upfront can be quite expensive and there is no guarantee of a successful outcome.
Some clients have insurance that provides cover for legal expenses. This insurance does not typically cover the entire amount of legal fees relating to compensation claims, and you may be restricted to the solicitors you can work with. Legal Aid is only available in a tiny number of applications for compensation relating to neurological damage caused by birth injuries during pregnancy, birth, or within the first eight weeks of a child’s life.
The majority of claims that our medical negligence solicitors in Kingston upon Hull handle are done with a No win No Fee* agreement. These agreements, sometimes also called Conditional Fee Agreements, are almost as simple as they sound. They go together with an insurance policy, either one you already have or an After the Event policy we can help you arrange. If you win your claim, we will reclaim the cost of your legal fees from your opponent and you will pay us a success fee, which is agreed at the start of your claim and can legally be no more than 25% of your total compensation payment.
If your application is unsuccessful, your lawyer will waive their fees. The other party may seek to reclaim the cost of the legal expenses from you, which is where the After the Event insurance policy will take effect.
The main benefits of having a No Win No Fee* agreement is that you eliminate the financial risk associated with starting a compensation claim where there is no guaranteed outcome, and you know that your solicitor has a vested interest in the outcome of your application because if you don’t get paid, then they don’t get paid either.
Will I have to go to court?
The vast majority – around 98% of all claims raised against the NHS – settle out of court, and the number is similar for claims brought against private practitioners. It will certainly be our aim to resolve your claim without litigation, and we are usually successful in obtaining an out of court settlement for our clients.
If we do advise you submit your claim to a court for a judge to assess it and make a ruling, you can rest assured that The Medical Negligence Experts will be with you every step of the way. You will not be left on your own to wonder what will happen next, and you won’t be be cross-examined as if you were in a courtroom drama. Medical negligence claims are typically straightforward court cases which are resolved on the same day your cases heard.
Can I claim compensation for somebody else?
It is possible to raise a compensation claim for someone other than yourself if they are unable to do so. This may be because they are under the age of 18, or because they are legally unable to manage their legal or financial affairs due to mental incapacity.
A person who submits a claim on behalf of someone else is called a litigation friend. You need a court’s approval to act in this capacity, but obtaining this is relatively straightforward, and we can help you arrange it. Litigation friends can be parents, adult children, spouses or partners, or close friends. They can also be professionals engaged by the claimant such as an accountant or solicitor.
There is very little difference in the way a claim is processed when it is raised by a litigation friend compared to when it is brought directly by the victim. The exception is that it will always be resolved in a court as a judge is required to agree on the amount of compensation paid and assess and agree to the way the funds will be managed for the benefit of the claimant.
Get in touch with The Medical Negligence Experts today to arrange your free, no-obligation legal consultation. Advisors will be able to answer any initial questions you may have about claiming compensation.
Either call on our freephone number or fill in the online contact form with a few simple details and let us call you at a time of your choosing.