Here are the questions we are most frequently asked about Medical Negligence compensation claims
- What does it cost to make a claim for compensation?
- Can I get legal aid?
- What is 'No Win No Fee'?
- What do I need to show to make a successful claim?
What does it cost to make a claim for compensation?
If your claim is successful, your opponent’s insurers will usually have to pay your legal costs in addition to any compensation which you receive.
Making a claim for medical negligence can be funded using any of the following methods. A specialist medical negligence solicitor can go through these options with you to determine the most suitable one for you.
Legal Aid
Medical negligence compensation claims are usually highly complex and therefore costly to pursue, making them unaffordable for most people to fund themselves. For this reason Legal Aid is available in many cases.
To get legal aid your solicitor will have to show the legal services commission that your claim has a reasonable chance of success.
Will I qualify for legal aid?
A medical negligence solicitor will assess your case and tell you if you qualify for legal aid. This is a very simple process.
If you are on one of the following benefits you should be eligible for legal aid.
• Income support
• Income based jobseekers allowance
• Guaranteed state pension credit
If you are on a low income you are also likely to qualify.
No win – No fee
If you do not qualify for legal aid your solicitor may take your case on on a ‘no win-no fee’ basis. With his type of agreement your solicitor assumes the risk of not winning the case. If you lose, your solicitor does not get paid.
Legal Expenses Insurance
This is insurance that you may already have. It is sometimes included with general insurance policies such as home insurance or other financial products.
A specialist medical negligence solicitor can go through these options with you to determine the most suitable one for you.
What do I need to show to win compensation for Medical Negligence?
Medical negligence claims are almost always complex. A specialist solicitor will examine your case and set out a claim based on showing the following 3 factors.
- Breach of Duty
- Causation
- Loss
Your solicitors will have to prove that a mistake was made, the effect that the mistake had and the losses involved.
1. Breach of Duty
All doctors and health care professionals owe a duty of care to the patient. To show that duty was breached your solicitor has to show that a mistake was made in the care that your were given.
The key to establishing breach of duty is whether the health care provider has acted according to accepted medical practice. Your clinical negligence solicitors will have to show that the wrong course of action was taken during your care.
2. Causation
Showing that a mistake was made is not enough to win a medical negligence compensation claim. It also has to be proved that the mistake was the cause of your injury.
Expert witnesses can often be used to look at your case and prove evidence of a link between the negligent treatment and your injury.
3. Loss
This is all about showing the effect that the injury has had on your health and how this will affect you in the future. This could be loss of earnings, expenses incurred as a result of the negligence and quantifying the cost of any future care that you might need.
A specialist Medical Negligence solicitor will be experienced in pulling together evidence for all these factors and showing that you are entitled to compensation for your injury.
Family Solicitors HarrogateImmigration Solicitors Birmingham
Solicitors Leicester
Divorce Solicitors in Bristol
Florida Conveyancing UK