Clients will understandably want to know what the legal costs are that they face in respect of their claim. Our friendly Solicitors, Legal Executives and representatives at Ward & Rider Solicitors will explain to you the various options at the start of our meeting.
What is Medical Negligence ?
When we entrust medical professionals with our well-being, we expect nothing less than the utmost care and diligence. However, the harsh reality is that negligence can occur, leading to devastating consequences that shatter lives. In such circumstances, seeking rightful compensation becomes a paramount concern. However, the potential financial costs of litigation deter many from pursuing justice, or at least have in the past.
Understanding Medical Negligence: A Betrayal of Trust
Medical negligence, also referred to as clinical negligence or medical malpractice, is said to have occurred when any healthcare professional fails to uphold their duty of care that results in avoidable harm to patients. This breach of trust can manifest in various forms, ranging from misdiagnoses and medication errors to surgical mistakes and inadequate post-operative care. The repercussions of such negligence can be catastrophic, leading to exacerbated conditions, life-altering injuries, or even loss of life.
The No Win No Fee Solution: Empowering Victims to Seek Justice
In the face of such a terrible situation, the no win no fee medical negligence claims framework emerges as a beacon of hope, offering a risk-free pathway to seeking rightful compensation. This innovative approach alleviates the financial burdens associated with litigation, enabling victims to pursue their claims without the fear of incurring exorbitant legal fees.
No Win No Fee – The Best Solution
Most of our clients are eligible and will want to enter into a No Win No Fee Agreement. This is also known as a Conditional Fee Agreement. We are, of course, specialist accident injury lawyers who take on personal injury and medical negligence cases based on the merits of each individual’s case and the chances of success that they have. We work on the basis that our Client’s are honest and genuine and in such cases, under a No Win No Fee Agreement, you will not have to pay a penny to us if you lose your case. Furthermore, as part of this agreement, you will not have to advance us any money to fund your claim.
If you win your claim, the Defendant will pay the majority of your basic legal costs and disbursements, which include Court fees, medical report fees, fees for the release of medical records and other experts fees. If you win, any legal costs that are not paid by the Defendant will be deducted from any compensation awarded to you but, it is important to remember that we would not deduct more than 25% of the compensation which has been awarded to you. You will not pay us anything until you have won and the compensation is received. Any disbursements that we cannot recover from the Defendant will be recovered from insurance.
In a very few cases a client will be charged fees in the event of a case being lost, but this is rare and only occurs when the client has not been totally clear or honest. Please check out our page about the ‘small print’ in No Win No Fee agreements.
Our belief is that the No Win No Fee Agreement, also known as the Conditional Fee Agreement or CFA for short, gives our Clients the peace of mind and confidence to pursue a personal injury claim arising out of an accident or medical negligence.
The Alternatives to No Win No Fee
Some individuals will prefer to proceed by paying legal costs as they proceed with a case. The disadvantage in proceeding in this manner is that if you are unsuccessful potentially you will face an exposure to the Defendant’s costs as well as paying for the other lawyer’s legal costs and disbursements as you continue. The advantage is that there is not a deduction from any compensation which is awarded.
Another alternative is that people may have the benefit of pre-existing legal expense insurance cover which would cover your lawyer’s fees. However often such policies have caps in respect of charge out rates and what could be charged and consequently there may still be a charge to your compensation to cover the shortfall in costs.
Navigating the Claims Process: A Step-by-Step Guide
While the no win no fee model alleviates financial concerns, the process of filing a medical negligence claim can be complex and daunting. To ensure a smooth and efficient journey, it is essential to understand the key steps involved.
Step 1: Initial Consultation
The first step in the process is to schedule an initial consultation. During this meeting, you will have the opportunity to discuss the details of your case, provide relevant medical records, and receive an honest assessment of the merits of your claim from our skilled team. This initial consultation is normally offered free of charge, allowing you to make an informed decision without making any financial commitment at all.
Step 2: Case Evaluation and Evidence Gathering
If our solicitor determines that your case has merit, we will proceed with a comprehensive evaluation. This involves gathering and analyzing all relevant medical records, consulting with independent medical experts, and building a strong evidentiary foundation to support your claim. Throughout this process, we will keep you informed and involved, ensuring transparency and open communication.
Step 3: Formal Claim Submission and Negotiations
Once the necessary evidence has been gathered, your solicitor will submit a formal claim to the responsible party, typically the healthcare provider or their insurance company. This initiates a negotiation process, during which your solicitor will advocate on your behalf, leveraging their legal expertise and the strength of your case to secure a fair and just settlement.
Step 4: Settlement or Court Proceedings
In many instances, medical negligence claims are resolved through successful negotiations, resulting in a mutually agreed-upon settlement. However, if the responsible party refuses to acknowledge liability or offer a reasonable settlement, we may recommend proceeding to court. In such cases, our team will guide you through the legal proceedings, ensuring that your rights and interests are protected at every stage.
Seeking Compensation: What to Expect
If your no win no fee medical negligence claim is successful, you may be entitled to receive compensation for various damages and losses. The specific amount will depend on the severity of your injuries, the impact on your quality of life, and the extent of financial losses incurred. Common components of a medical negligence compensation award include:
- Pain and Suffering: Compensation for the physical and emotional distress endured due to the sub standard treatment you have received.
- Loss of Income: Reimbursement for lost wages, both past and future, resulting from the inability to work due to the injuries sustained.
- Medical Expenses: Coverage for the costs of additional medical treatments, rehabilitation, and ongoing care necessitated by the negligence.
- Adaptations and Assistive Devices: Funds to cover the costs of modifying your home or vehicle to accommodate any disabilities or special needs arising from the negligence.
- Loss of Amenity: Compensation for the inability to participate in activities or hobbies previously enjoyed due to the injuries sustained.
It is important to note that the compensation awarded in a successful no win no fee medical negligence claim is not subject to taxation, ensuring that the full amount is available to support your recovery and future well-being.
Frequently Asked Questions
Can I make a no win no fee medical negligence claim on behalf of a loved one?
Yes, you can initiate a no win no fee medical negligence claim on behalf of a family member or loved one who has suffered from medical negligence. This is particularly important in cases where the victim is a minor or lacks the mental capacity to pursue the claim independently.
What if I need to change my medical negligence solicitor?
While it is advisable to establish a strong working relationship with your solicitor from the outset, circumstances may arise where you feel the need to change your legal representation. In such cases, you have the right to switch to a different no win no fee medical negligence solicitor, ensuring that your interests are protected and your case receives the attention it deserves.
Will making a claim affect my ongoing medical treatment?
It is against the law for healthcare providers to refuse or alter your medical treatment due to an ongoing compensation claim or complaint. However, if you feel uncomfortable continuing your treatment with the same provider, you can request a transfer to another facility or healthcare professional to ensure your peace of mind during the recovery process.
How long do I have to make a no win no fee medical negligence claim?
In most cases, there is a three-year time limit, known as the limitation period, to initiate a medical negligence claim. This period typically begins from the date of the negligent incident or the date when you became aware of the injury or harm caused by the negligence. However, there are exceptions to this rule, particularly in cases involving minors or individuals lacking mental capacity.
Conclusion
The vast majority of our clients will opt for the No Win No Fee Agreement (also known as Conditional Fee Agreement or CFA) to help them pursue their claim. If you have suffered a personal injury through no fault of your own, or have experienced medical negligence, contact our specialist team today.
