No Win No Fee Stoke Medical Negligence Solicitors
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Stoke-on-Trent Medical Negligence Solicitors
Being failed by someone you trust with your health can be hugely devastating. Not only for you but also for your family. Our medical negligence solicitors in Stoke-on-Trent support and represent people just like you, helping them get the compensation they deserve.
When you seek treatment from a professional such as a doctor or physiotherapist, you expect to receive a certain standard of care. In the majority of instances, patients are treated with appropriate expertise and respect. Unfortunately, there are occasions when a professional fails to meet their duty of care and patients are injured as a result. If that has happened to you, or if you even suspect negligence caused your injury, then we can help.
Our experience has shown us that claiming compensation is less about the money and more about what it means. A successful compensation claim will give you the ability to access the resources you need to make the best possible recovery. Furthermore, it will also provide a formal acknowledgement that you received improper treatment. Plus, it gives you a form of closure so that you can move forward from your injury and enjoy a bright future.
Stoke on Trent Medical Negligence Compensation Claims
For any medical negligence claim to be valid, the claimant needs to show that:
- the standard of their care was unacceptable, and that a medical professional failed in their duty towards them, and;
- this negligence caused their health to deteriorate or caused them another type of injury.
It is possible to receive negligent care but not be injured. In these cases, no compensation will be applicable as there is no damage to compensate. However, although you can’t submit a claim, you can raise a formal complaint with the NHS. Or in other cases, the body responsible for the practice or hospital in question.
Although we try to avoid unnecessary legal jargon, you may hear your medical negligence solicitor in Stoke-on-Trent use unfamiliar terms. Some of these are:
- Breach of duty: the person responsible for your treatment did not provide an appropriate level of care. They did not act to protect your health and well-being. Moreover, they didn’t deliver a standard of care you’d expect from someone in their position.
- Causation: aka “avoidable harm”, this demonstrates your injury is the result of negligence. This, and not another factor, like an existing condition or simple misfortune.
- Damages: not the harm done to you, but the amount of money paid in compensation for injury and financial loss.
- Conditional agreement: more widely known as a No Win No* Fee agreement.
Our experience with Stoke on Trent Medical Negligence Claims
Our medical negligence solicitors in Stoke-on-Trent handle all kinds of negligence claims . Types of medical negligence claims can include:
- Birth injury negligence claims.
- Medical misdiagnosis, including delayed diagnosis and incorrect diagnosis.
- Surgical errors.
- Nursing and care home negligence.
- Prescription errors and pharmaceutical negligence.
It does not matter whether your surgery was elective or essential. Because if you suffer injury due to someone else’s mistake, then we can help. Our medical negligence solicitors in Stoke-on-Trent may also be able to assist if you went abroad for cosmetic surgery. However, this may depend on where, in fact, you went.
There is no need for you to struggle on your own or wade through pages of information. Consequently, a simple call to The Medical Negligence Experts is the easiest way to find out.
No Win No Fee* Medical Negligence Claims in Stoke-on-Trent
Nearly all of the medical negligence claims we handle happen on a No Win No Fee* basis. The reason for this is simple: it’s easy. You won’t:
- have to find the money to pay for a claim upfront;
- worry about how many billable hours your solicitor is dedicating to it, or;
- concern yourself about spending money with no guarantee of a successful outcome.
With a No Win No Fee* agreement, we take on the financial risk and remove any requirement to pay upfront. That makes affordable to have expert advice, support and representation. Particularly from a solicitor who specialises in this broad and complex area of law.
We start by offering you a free consultation where you can talk directly to a legal advisor about your circumstances. They can answer any initial questions you have. Next, they’ll set out the next steps so you know what to expect if you decide to proceed with your application.
If we believe your claim might be successful, we’ll represent you on a No Win No Fee* basis. This agreement requires you to have an insurance policy to cover you in the event you have to pay any legal costs. If you don’t already have this cover then we can help you arrange it.
In the event that you win your claim, we will ask that the other party pays our legal expenses. Moreover, you’ll pay us a success fee (in essence, a percentage of your award you agree upon at the start). If your claim is unsuccessful, then we will waive our fee. Your insurer covers any other expenses you may be liable for, such as:
- the cost of independent assessment;
- court fees, or;
- the other party’s legal costs.
Claiming Compensation on behalf of Another Person
Sometimes the victim of medical negligence is not in a position to be able to seek compensation themselves. This may be because they are underage, or because they lack the mental ability to handle their legal affairs. If a claimant is unable to start a claim, then a litigation friend can act on their behalf.
A litigation friend is typically the parent of a minor, or an adult child of an ageing parent. But they can also be spouses, partners, close friends, or a solicitor the Court appoints. This person needs to show to the court’s satisfaction that they have no conflicting interests. Moreover, they will act in the best interests of the claimant, or protected party.
There is only one significant difference in processing a claim through a litigation friend versus a victim. That is at the end when a Court has to agree to the proposed payment amount. Consequently, they must approve the way the money gets disseminated and managed. Otherwise, everything is the same.
Ultimately, our concern will always be to obtain maximum compensation for the victim of medical negligence.
Settling a Compensation Claim out of Court
For us, a court is our place of business, but the majority of the population will never have to enter one, and the prospect of doing so can be daunting. Virtually all of the claims we handle settle out of court and that will certainly be our aim for your case as well. However, we will not do so if we believe the offer is unfair and that you are entitled to more if.
- the other party refuses to admit that they were responsible for your injury;
- there is a disagreement over the proportion of liability they hold, or;
- they will not agree to what we know is a fair payment of damages
Then, we may advise you to lodge your claim with a court for a judge to assess and decide the outcome.
Litigating a claim is an action we only take after all other avenues are exhausted. We do this to save you the stress of a court hearing, but also to save time as the Court process can delay the settlement of your claim by months. You do not need to worry if your request does go to court. The process is straightforward, and there is no jury – just a judge and the legal representation for the other party together with you and your legal counsel. The judge will review all the evidence and decide whether your claim is valid and, if so, how much you should receive.
Even when litigation has begun, it is typical for claims to settle in the waiting period before the court date, and we will continue to negotiate strongly on your behalf to achieve this.
Medical Negligence Claims FAQ
We know you must have questions about whether you are eligible to claim and what to do next, and we are happy to answer these in a free, no-obligation appointment with an expert legal advisor who specialises in medical negligence. Just call, or complete our contact form, and we will set up a time to do this.
To help get you started, here are the answers to some of the most commonly asked questions we receive from people who, like you, want to know what their legal right to compensation is.
Can I claim compensation?
If you can show that the medical professional failed in their duty of care, and this negligence directly led to you being injured or your health deteriorating, then you may be able to claim compensation for medical negligence.
Is there a time limit for making a claim?
In most instances, there is a three-year period from the date of injury or the date of knowledge to make a claim, whichever is the most recent. The date of knowledge, which is the time you found out your injury was caused by negligence, can be ambiguous in the eyes of the law, so it is better to use the date of injury if possible.
The exception to this is if the victim is a child or mentally incapacitated. A claim can be raised in the name of a child at any point up until their 18th birthday when they can legally do so themselves. They then have three years to start a claim, with their option running out on their 21st birthday.
Likewise, a litigation friend can submit a claim on behalf of someone who is mentally incapacitated at any time until they regain this function when they have three years to do so themselves. If they never regain their mental ability to manage their legal or financial affairs, then the date by which a claim needs to be made is open-ended.
How much compensation will I receive?
The amount of damages is based on the nature of your injury and the potential it has to affect you in the future. You can also claim compensation for the expense your injury has caused, for example, if you have had to pay for private treatment to help in your recovery or you have lost income because you have been unable to work. If your injury prevents you from returning to work in the same capacity, then your solicitor may seek compensation for the loss of future earnings and pension. Their goal will be to obtain the maximum compensation to ensure you are not left financially worse off because you were injured by negligent care.
How long will my claim take?
The average medical negligence claim takes around 12-18 months to settle. This time is longer than other types of personal injury claims because of the difficulty of proving negligence.
When should I contact you?
You should get in touch with The Medical Negligence Experts today. The earlier you seek legal advice, the sooner you will know your options. Early legal intervention can help you access the most appropriate care so that you can make the best possible recovery. If the other party admits liability, then we can request an interim payment which will enable you to skip NHS queues and see private specialists, if that is what you need.
We have helped countless people just like you to get the compensation you deserve. Our medical negligence solicitors in Stoke-on-Trent will work hard to protect your rights and help you obtain positive outcome so that you can move forward and put your injury behind you.
*Please note that certain conditions apply.