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| COMMERCIAL PROPERTY  RESIDENTIAL CONVEYANCING DEFENCE ADVOCACY FAMILY & CHILD CARE PERSONAL INJURY WILLS & PROBATE CLINICAL NEGLIGENCE INDUSTRIAL DISEASE CIVIL LITIGATION DRIFFIELD OFFICE BRIDLINGTON OFFICE 
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Frequently Asked Questions To try and answer some of the more common questions we have produced a FAQ below: 1. How much compensation will I get? 5. Is it true that all Solicitors are difficult to talk to? 7. How do I know which Solicitor to use? 8. Is it true that all doctors stick together and you never win a case? 9.
Should I use the solicitor closest to me, or the one that advertises on 10.
I have been told that “No win, No Fee” is the only sensible way to pursue 11.
My doctor told me that what has happened to me is “just one of
How much compensation will I get? It is difficult to say at the outset of a claim what the likely damages will be. The amount of damages depend on a number of factors:
Go back to Clinical Negligence
There are a number of ways to fund Clinical Negligence Claims, they are as follows:
We will always discuss with you the best funding option available to you and fully explain everything. If your claim is successful, most of your legal costs will be payable by the Defendant. Go back to Clinical Negligence This can vary significantly from case to case. Once funding has been arranged, we anticipate that the initial investigations will take between 6-9 months. During this time we will obtain your medical records, have them collated and a chronology of your clinical history drafted, and forward them to an appropriate expert to prepare a report considering the issues in your case. At that time we would hope to be in a position to advise you as to whether your claim can be pursued further. If supportive expert evidence is obtained, we prepare a Letter of Claim to the Defendant, this will outline all the allegations of negligence. The Defendant then has 3 months to provide at detailed response and advise as to whether liability is admitted or denied. If liability is admitted, we can take steps to settle your case – this usually takes around 12 – 18 months into your claim. If liability is denied and you claim has justifiable merits, we will commence your claim with the court and prepare for trial. If your case proceeds to trial, it is likely that your case will take around 24 – 30 months to conclude. However, your case could settle at anytime up until trial. Go back to Clinical Negligence The short answer to this is:
Very few clinical negligence cases proceed to trial, in the event that a trial is necessary in your case our team will support you throughout the court process. Go back to Clinical Negligence Is it true that all Solicitors are difficult to talk to? We don’t think so; all of the Solicitors in the Clinical Negligence department are approachable and friendly. For each of our clients we fight to make sure that they get the very best outcome possible. However, we never lose sight of the personal difficulties that often accompany any claim. Go back to Clinical Negligence Under UK law there are time limits for making a claim for clinical negligence. Generally the rule is that a claim must be made within 3 years of the date of the incident OR the date of knowledge, whichever is the later. However, where the Claimant is a child, the 3 years doesn’t start to run until their 18th birthday and therefore they have until their 21st birthday to make a claim. Where the individual does not sufficient mental capacity, the 3 years does not start to run until they acquire the necessary mental capacity, therefore if they never gain mental capacity the limitation period will not apply to them. Whilst 3 years may sound like a long time investigations into clinical negligence matters do take time, and therefore, if you think you have a claim it is best to make enquiries earlier, rather than later. Go back to Clinical Negligence How do I know which Solicitor to use? There are many law firms that practice in the area of clinical negligence, however not all Solicitors are recognised specialist clinical negligence practitioners. To be certain that your Solicitor has specialist clinical negligence expertise you should ask whether they are a member of a specialist panel. Such panels include:
To become a member of the above panels the Solicitor has to demonstrate that they have the necessary experience, providing they satisfy the criteria they will be granted membership that recognises their specialist knowledge in the area of clinical negligence. Mr Tim Slow, Partner at Williamsons and Head of the Clinical Negligence Department is a member of AvMA. Go back to Clinical Negligence Is it true that all doctors stick together and you never win a case? No, if this were the case no claim for clinical negligence would succeed. However, it is vitally important to use the correct experts to advise on each case. We are very proud of quality and quantity of experts that we use; our years of experience enable us to select the best expert for each case. Go back to Clinical Negligence Should I use the solicitor closest to me, or the one that advertises on the radio? Neither, one of the most important decisions that you will make is to identify the most experienced Solicitor to act for you. These type of claims are very complicated and technical; they require a solicitor who knows what he/she is doing. Don’t be afraid to ask questions, if the Solicitor has nothing to hide he/she will answer these honestly. Go back to Clinical Negligence I have been told that “No win, No Fee” is the only sensible way to pursue a clinical negligence case. Is this true? The answer to this very much depends upon your personal circumstances. Some Solicitors are not allowed to carry out Legal Aid work, so they don’t investigate if a client would qualify for this. Williamsons is one of the very few approved firms in Hull that is able to run Legal Aid (now known as Public Funding) cases. We can therefore offer you a complete service. Go back to Clinical Negligence My doctor told me that what has happened to me is “just one of those things”. Shall I look into it any further? Yes, it is usually very difficult to know at the beginning if any claim will be successful. Most doctors are reluctant to encourage people to look into bringing a legal claim, but they are not personally affected by the medical error made. At the end of the day, do you want to ask yourself in the future “what if I had done something about it, when I had the chance?”. Go back to Clinical Negligence
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