Personal Injury and Clinical Negligence

Personal injury claims arise from accidents caused by someone else’s negligence, such as road collisions or workplace incidents leading to serious injuries like spinal damage. Clinical negligence, a subset of personal injury, specifically involves substandard medical care, like surgical errors resulting in brain trauma or long-term disabilities. Both types of claims require that Claimant’s prove there was a duty of care owed to them, that this was breached, and that there was a causative link to the injuries that they suffered.

You generally have three years from the date of the injury, or when you became aware of it (the ‘date of knowledge’), to start a claim. This is crucial for higher-value cases involving delayed diagnoses or progressive conditions like chronic pain from spinal injuries. Exceptions apply for children (where the three years do not start to run until they turn 18) or those lacking mental capacity where more time is allowed. Acting promptly preserves evidence and maximises compensation for long-term impacts.

Key evidence includes medical records, photographs of injuries or the accident site, witness statements, and expert reports to prove causation in serious cases like brain injuries. For higher-value claims, gather details on lost earnings, care needs, ongoing treatment early and any other expenses incurred as a direct result of the negligence. The more evidence that is obtained, the more chance you have of proving any substantial loss. The burden is on the Claimant to show that the losses are both reasonable and causative.

Compensation includes general damages for pain and suffering (based on injury severity, e.g., high awards for spinal cord damage, and length of symptoms) and special damages for financial losses like medical costs and lost income. Higher-value claims may deal with future care needs and the impact on life expectancy, both of which are assessed with expert input. Awards can reach significant sums for life-changing injuries.

Most claims settle out of court through negotiations or mediation, especially higher-value ones where insurers prefer to avoid the cost of a trial. Only about 1-2% proceed to court if liability or quantum is disputed. Our dedicated team will hand the process every step of the way to minimise stress for you.

Independent medical experts assess the extent of injuries, causation, and prognosis, providing reports essential for higher-value claims involving complex issues like brain trauma or long-term disabilities. Their evidence is crucial for proving your losses and supporting claims for future needs. Using our panel of specialised experts, we will build the strongest case to support your losses.

You can claim for the aggravation or acceleration of pre-existing issues, such as an accident exacerbating a prior spinal condition into permanent disability. Experts differentiate new harm from prior symptoms to calculate compensation accurately in higher-value scenarios. This ensures you receive awards reflecting the full impact of the negligence you have suffered.

Under a ‘no win no fee’ agreement (also known as a Conditional Fee Agreement), you pay nothing upfront. Our fees are recovered from the other side upon successful conclusion of your claim. There will, however, be a shortfall in what fees are recovered which is made up via a success fee. This is percentage deducted from your final compensation. We will often advise that you also take out an insurance policy to cover the general costs of litigation. These policies make it possible for higher-value claims to be pursued without financial worry to ensure you have access to justice.