| Q. Who can make a claim? |
Click to view answer |
A. Anyone who has suffered an adverse incident or injury as a result of medical treatment can bring a claim. Minors under the age of 18 can bring a claim through either parent.
| Q. What can I clam for? |
Click to view answer |
A. One can claim for what are known as general damages for pain, suffering and loss of amenity. In addition, one can claim special damages which refer to past and future loss of earnings. The cost of care assistance if required as a result of partial or full disability, and any necessary adaptations to property. This is not an exhaustive list. All expenses which are directly related to the negligence can be claimed.
| Q. Is there a time limit to making a claim? |
Click to view answer |
A.Yes. The limit is three years. For a minor, the three years does not begin to run until the minor’s eighteenth birthday.
| Q. How much will it cost me? |
Click to view answer |
A.Clinical negligence compensation claims can be very expensive. However, public funding is available for those claims which are justified on the merits and provided the Claimant qualifies financially. If you qualify for public funding, you may have to pay a monthly contribution to the Legal Services Commission depending upon your means. Otherwise, we can offer what is known as a “No Win, No Fee” Agreement in appropriate cases. Some clients pay privately, depending upon their resources.
| Q.Can you arrange Public Funding(Legal Aid)? |
Click to view answer |
A. Yes. We prepare the application forms for public funding which are signed by the client and a client’s statement and all relevant accompanying documentation is sent to the Legal Services Commission.
Q. How long will my case take? |
Click to view answer |
A. Clinical negligence cases can take some time to be concluded. Rarely will a case be finished within 12 months and, depending upon the complexity of the case, and especially in very high value claims, 3 years or sometimes more would not be unusual.
| Q. Will I need to go to Court? |
Click to view answer |
A. In excess of 90% of cases are settled through negotiation without having to appear in Court.
| Q. What information do I need to make a claim? |
Click to view answer |
A. All relevant information will be provided by James Evans and he will assist you throughout and keep you informed. Provided you feel that there has been an untoward medical error or event involving treatment of any nature or surgery, and with funding in place, all medical records would be obtained and submitted to an independent case expert who has medico-legal experience. We have a database of all appropriate Consultants in all field
Q. What experience do James.A Evana have in
these type of cases? |
Click to view answer |
A. James Evans has been involved in clinical negligence cases for 16 years and is a member of AVMA (Action for Victims of Medical Accidents) and of the Law Society’s Clinical Negligence Panel. He has vast experience in all conceivable types of claims.
Q. Can I recover any fees or disbursements
paid to my Solicitor if I win my case? |
Click to view answer |
A. Yes. In claims which are successful, the opponents pay your Solicitors’ fees and you would be reimbursed any outlay.
