A simple, text guide to help you understand the process of claiming for medical negligence and the support we offer from initial video call, through to making a claim and receiving compensation. All on a no win no fee basis. Find out what happens next.
Step 1.
Initial chat with you and the solicitor to discuss the medical care and treatment, what this has caused and why you believe a medical professional is at fault.
Step 2.
Solicitor assesses the case carefully and gives you advice on whether the necessary criteria has been met to open a ‘medical negligence’ case on a no win no fee basis.
Step 3.
Once your case is open, your solicitor will gather all the necessary information and will take a detailed statement from you and/or your family members.
Step 4.
Solicitor instructs appropriate independent experts to comment on case.
Step 5.
Solicitor reviews and discusses these expert reports with you.
Step 6.
If the expert reports are supportive of wrongdoing and that the wrongdoing caused injury or death, the solicitor sends a letter of claim, outlining your case to the health professional at fault or their representative.
Step 7.
If the wrongdoer wishes to make an offer of compensation your solicitor provides a valuation to wrongdoer and settlement negotiations begin.
Step 8.
If the wrongdoer wishes to defend their actions in Court or any offer made was unreasonable your solicitor drafts the initial court papers and sends to wrongdoer or wrongdoer’s representative.
Step 9.
Full Court Process begins and a detailed Court timetable is followed by your solicitor and the wrongdoer’s solicitor. This timetable involves meeting a number of deadlines including sending particular documents to the court, exchanging witness statements and completing your written case.
Step 10.
If the court is happy with the written case and the timetable has been followed correctly then the case will proceed to an evidential hearing.
Outcome.
Judge makes a decision on the case after listening to evidence from the witnesses at the hearing. If you are successful compensation is awarded, if you are unsuccessful no compensation is awarded.
Please note: throughout the case the wrongdoer is able to make an offer or offers in settlement at any point from date of receiving the letter of claim to the evidential hearing.
We will offer advice and guidance on the reasonableness of the offer and you may accept or reject the offer. If you accept the case will come to an end, if you reject the process continues.