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Personal Injury & Medical Negligence in England & Wales


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What you need to know

Each year millions of people suffer a personal injury or illness as a result of the negligence or carelessness of others, including in thecourse of receiving medical treatment. You may wish to secure a formal admission of fault from the healthcare professionals responsible or financial compensation. In either case, it'svital that you have as much relevant information as possible before taking legal action. The laws relating to personal injury and accident claims in England & Wales differ from the rest of the UK, as do the amounts of compensation you can potentially receive.

medical-negligence-claim-england-wales

This guide is designed to answer any questions you may have in relation to making a medical negligence claim. It is focused on helping you understand whether you have a claim, how to go about making a claim and how your claim will progress.

For help at this stage please call 01252354412, or fill out the form at the top of the page.

What is Personal Injury ?

There are two kinds of personal injury for which you may be able to take legal action and seek compensation:

A physical injury or illness, such as a broken leg

A psychological injury, such as post-traumatic stress disorder

Some injuries are considered ‘catastrophic’, such as damage to the brain which will have long-term effects on your health and quality of life. To take successful legal action and secure compensation, the illness or injury must have been sustained because of actions that were not your fault.For help at this stage please call 01252354412, or fill out the form at the top of the page.

What is Medical Negligence?

'Medical negligence’ refers to illness or injury that has been sustained as a result of negligent activity by a healthcare practitioner such as a doctor or nurse, and in some cases, on the part of an institution such as a healthcare trust. This covers everything from illness sustained as a result of an incorrect dosage of medication to injury following a poorly administered surgical procedure. It may also result from an omission such as failure to give sufficient information about a recommended course of treatment.

Making a claim for compensation following medical negligence requires a particular kind of evidence gathering, which we will cover in this guide.For help at this stage please call 01252354412, or fill out the form at the top of the page.

What Are My Options in Making a Personal Injury Claim?

There are two options if you wish to secure compensation following a personal injury:

  • Using a claims assessor, without going to court
  • Taking legal action

Claims assessors are not generally considered the best way to seek compensation. They're often not legally qualifiedso may not have the expertise required to secure adequate compensation. They also often offer ‘no win, no fee’ arrangements which may take a large percentage of your final award if your claim is successful.

Taking legal action in a civil court, on the advice of an experienced personal injury solicitor, will help ensure you are properly represented, and fully compensated for your injury.For help at this stage please call 01252354412, or fill out the form at the top of the page.

What Are My Options in Making a Medical Negligence Claim?

If you wish to make a medical negligence claim, it is important to be very clear on your desired outcome:

  • Securing a formal admission of culpability from those responsible, together with an apology
  • Securing guarantees that future medical practice will not result in similar injuries
  • Securing financial compensation

If you wish to seek compensation – including to cover loss of earnings or to help fund future medical or therapeutic care – you should secure the services of a medical negligence lawyer.For help at this stage please call 01252354412, or fill out the form at the top of the page

How Long Do I Have to Take Legal Action?

In the case of both personal injury claims and medical negligence claims, it is best to act as soon as possible following the illness or injury, as there are strict timescales for when you are permitted to take legal action.

You will usually have up to three years after the illness or injury was sustained in which to bring your claim. In some cases, courts may be persuaded to extend the deadline, but investigating as soon as possible will help with gathering evidence whilst it is still fresh.

In the case of a claim being made on behalf of a child, the three year deadline commences at the age of 18, so that you will have until the claimant’s 21st birthday to make a claim.For help at this stage please call 01252354412, or fill out the form at the top of the page.

Will I Have to Pay My Own Legal Costs?

Legal aid isn't available for personal injury claims however insurance policies or a charitable foundation can help with funding.

Most solicitors will not charge you for an initial consultation, during which they'll establish whether or not you may have a claim. It is also helpful to ask for a costs checklist so you can see the likely expense of your claim clearly laid out.

Many law firms offer conditional fee arrangements (CFAs). This means your solicitor would not receive any legal fees if your claim is unsuccessful. You may be liable for the legal costs of the other side, and your solicitor may ask you to take out insurance to cover this eventuality. If your claim is successful your legal costs would be paid by the other side.For help at this stage please call 01252354412 , or fill out the form at the top of the page.

What Do I Need to Prove in a Personal Injury Claim?

To make a successful personal injury claim, you need to prove that the illness or injury was sustained because of negligence or malpractice on the part of another individual, individuals or institution.

You will also need to prove that the injury was sustained as a direct result of that negligence or malpractice.

In some cases, ‘fault’ may be shared. For example, you may be injured in a road traffic incident in which a driver was reckless – but in which you were not wearing your seatbelt. The compensation awarded by the courts would likely be reduced to reflect this.

What Do I Need to Prove in a Medical Negligence Claim?

To make a successful medical negligence claim, two important elements must be proven:

  • Breach of duty: that the standard of medical care you (or the claimant) received was below the standard reasonably expected.
  • Causation: that there is a definite link between the breach of duty and the injury or injury sustained.

The breach of duty element will be considered against the medical knowledge and clinical standards prevailing at the time of the incident.For help at this stage please call 01252354412 , or fill out the form at the top of the page.

What Evidence Do I Need to Make a Personal Injury Claim?

Your solicitor will help you gather as much evidence as possible to support your compensation claim, both to document your illness / injury and support the notion that it was not sustained through any fault of your own.

Medical records and photographs of injuries are usually required to support a claim. Photographs or video evidence of the site of an accident are also helpful. In the event of a road traffic accident, diagrams showing the positioning of vehicles can help establish that you were not driving recklessly. Where the police attended an incident, their written evidence can be used to support a claim. If you have been injured by damaged or poorly maintained machinery at work, specifications of the machinery and evidence that it has not been properly maintained are essential.For help at this stage please call 01252354412, or fill out the form at the top of the page

Independent medical experts will also becalled upon to help establish a clear link between your illness or injury, and the incident when you believed it was sustained. In the case of long-term malpractice or negligence resulting in illness or injury – such as a claim for stress caused by working conditions – evidence such as emails between you and your employer will be useful.

What Evidence Do I Need to Make a Medical Negligence Claim?

In the case of a medical negligence claim, the first step your solicitor will take is gaining access to your medical records. This will help give an accurate view of everything that has taken place up to the incident, during the incident, and in the aftermath.

Your solicitor will then seek independent expert medical opinion on your illness or injury, its causes, and whether there is a firm link to medical negligence or malpractice. The opposing side will almost certainly engage another independent medical expert. Other evidence may include the testimony of healthcare practitioners who observed an incident of malpractice or negligence.

Once your solicitor has gathered all the evidence, they will be able to assess whether you have a potential claim for negligence, and for financial compensation.For help at this stage please call 01252354412 , or fill out the form at the top of the page

How Much Compensation Will I Be Awarded?

Courts will consider a number of elements before deciding on a suitable compensation sum, including:

  • The severity of the injury, and the likeliness of long-term aftercare
  • Any loss of earnings sustained as a result of the illness or injury, bearing in mind any dependants who will also suffer as a result of financial loss
  • The cost of medical or therapeutic care required as a result of the injury or illness
  • Costs incurred during the legal process
  • A range of other costs incurred, including the cost of transport and the purchase of medical aids and other specialist equipment, such as modifications to property

How Will My Compensation Be Paid?

Most personal injury compensation awards are paid in a single lump sum. If you have entered into any agreement where legal costs are to be paid out of a compensation award, you will need to bear this in mind.

In the case of substantial awards, particularly those made for medical negligence claims, the award is likely to be paid in two elements:

  • A capital award designed to cover all expenses (such as loss of earnings) up to the time of the legal action and any immediate expenses
  • Periodical payments made over a number of months or years

In the case of very large and long-term awards – for example, compensation for a brain injury significantly affecting an individual’s daily life – the compensation will provide a guaranteed tax-free income.For help at this stage please call 01252354412, or fill out the form at the top of the page.

Can I Make a Claim on Behalf of Another Person?

There may be many reasons why the individual making a personal injury or a medical negligence claim cannot undertake legal action themselves. Most commonly, this is because he or she was a child at the time of the incident, but you may wish to act on behalf of someone who is incapacitated due to age or because the incident resulted in some cognitive impairment. Adults unable to make a claim are designated a ‘protected party’.

Those making a claim on behalf of a child or a protected party are known as ‘litigation friends’, and they are legally obliged to act fairly and with the interests of the claimant at heart. Where there is no appropriate person (such as a close family member) to act as litigation friend, courts may appoint a professional to undertake the role.

The law surrounding the time limits on claims made on behalf of a protected party is complex, and you should seek advice from a lawyer to establish your position as regards making a claim.For help at this stage please call 01252354412, or fill out the form at the top of the page.

Can I Make a Claim After the Fatal Illness or Injury of a Family Member?

Yes. The law is able to help those who have lost a family member as a result of an illness or injury that was not his or her fault, and whose death will leave dependants in financial difficulty.

Family members will first often seek an open admission of culpability from those responsible. Securing a financial award can be very important, for example by enabling those left behind to continue living in the family home. When making fatal injury compensation awards, courts consider a number of elements, including the age of dependants, and the earnings which might have been made if the deceased had survived.For help at this stage please call 01252354412 , or fill out the form at the top of the page.

What If I Have Been Injured As a Result of a Crime?

There is special provision for those who have been injured as a result of a crime, for example during the course of a violent robbery.

In these circumstances, you do not need to take legal action. You can approach the Criminal Injuries Compensation Authority (CICA), who will handle your claim directly.

The time limit for making a claim to the CICA is two years after the event. The authority may extend this deadline in exceptional circumstances, such as those seeking compensation for abuse suffered during childhood.For help at this stage please call 01252354412, or fill out the form at the top of the page

Key Points

  • The law is there to help you secure financial compensation when deserved
  • You will need to prove that the incident (or omission) causing your illness or injury was not your fault
  • Medical evidence must link your illness or injury to the incident
  • There are strict deadlines on when you can make a claim
  • You will need to be clear on how your legal action will be funded
  • Gathering evidence as soon as possible after the incident is essential highly advisable
  • You can make a claim on behalf of another person in certain circumstances
  • You can make a claim following a fatal illness or injury
  • The amount of the compensation award will depend on lots of factors, including long-term aftercare and loss of earnings

Call us 01252354412, or fill out the form at the top of the page for legal advice to assist you with your claim today.

Nothing in this guide is intended to constitute legal advice and you are strongly advised to seek independent advice on matters that affect you.

> For more information, please read our guide to making a personal injury claim.

For help at this stage please call 01252354412, or fill out the form at the top of the page.

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Jurisdiction

England & Wales

Last Updated

Tuesday, 12 January 2016

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