Clinical Negligence Claim - FAQ's

Q. When should I bring a claim?

A. Ordinarily a medical negligence claim must be brought within three years of the date upon which the Claimant realises that he or she may have been injured because of medical/clinical negligence.  With children the three year period does not begin to run until the child reaches the 18.  For a person who is incapable of managing his or her own affairs the three year period will not begin to run until legal capacity is regained. 

It is important to understand that legal proceedings have to be issued at Court within the three year time limit, and before that there is usually a great deal of preparatory work.  Ideally you should consult a solicitor at least one year before the expiry of the period, and it is always helpful if we can begin to gather evidence as soon after the accident as possible.  Therefore, the best course is usually to instruct a solicitor as soon as possible. 

Q. Who will deal with my claim?

A. At Kingsley Napley only qualified clinical negligence solicitors run claims.  It is most likely that your case will be conducted by a partner and an assistant solicitor.  They will work on your case as a team, you will meet both of them, and you will be able to contact either one of them whenever you wish.  We do not delegate our cases to “claims handlers” or other types of part-qualified legal staff.

Q. How will I pay for my case?

A. We offer various types of funding arrangements.  If you wish, you can pay for your case privately, but most of our cases are funded with the help of before the event – “BTE” policies or Conditional Fee Agreements (“CFAs”) – popularly known as “no win, no fee”.  

Q. If I have a CFA will I get all of my compensation?

A. Subject to risk assessment, we do offer CFAs in which there is no contribution from your compensation to our costs.  If you lose, you will pay nothing at all.

Q. Do you offer free initial advice, without my having to make a commitment to instruct your firm?

A. Yes we do.  We will be happy to meet with you, to review your claim and to give you an indication about the prospects of success.  We will also explain to you in clear English about how we will charge, and what is involved in a legal claim. 

Q. When will I get compensation?

A. Generally, as soon as your case finishes, but we will also try to get you an interim payment on account of the damages that you are likely to receive when the case finishes.  Ordinarily we ask for this as soon as liability is admitted.  In a high value claim interim payments can be substantial, and might cover, for example, the cost of purchasing specially adapted accommodation.

Q. Can you also help me with rehabilitation, and obtaining specialist therapy?

A. Yes we can.  Within personal injury law there is a Rehabilitation Code which recognises the need for early therapy and rehabilitation.  As soon as it appears that liability is likely to be established in your favour (i.e. that you will win your claim) we press the Defendants to agree to interim funding to help pay for any rehabilitation or therapy that you may need.  The personal inury claim is not just about getting you money – it is about improving the quality of your life.

Q. Can you help with advice on benefits, and how best to manage my compensation in the long term?

A. Yes.  We offer specialist advice on personal injury trusts, and in planning your award we are conscious of the overlap between State benefits and compensation.  In larger claims we will advise on whether it is better to receive a lump sum award or a periodical payments order, in which we combine a more modest lump sum with annual payments that will continue for life.

Q. What happens if I am bringing a claim for someone else – for example my child, or a family member who has been brain injured, and cannot manage his or her own affairs?

A. Many of our clients instruct us through a litigation friend, and we have great experience of acting for brain injured Claimants who cannot manage their own affairs.  Some of the partners in our department act as professional deputies in the Court of Protection, and our Private Client Department offers a specialist Court of Protection/Professional Deputyship service that runs alongside our compensation service. 

Q. How long will my case take?

A. It may take five months, or it may take five years.  It all depends upon how serious your injuries are.  Like most of our clients, we want to conclude claims as quickly as possible, but we will not do so until we are sure that we fully understand the long term implications of your injuries, and financial losses.  In more complex cases this can mean that we have to await the outcome of ongoing medical treatment, and long term rehabilitation.  We will never bring a claim to an end until we are confident that the time is right, but in the meantime we ensure that adequate interim payments are in place, so that our clients can get on with their lives. 

Q. Will I receive regular updates, and be kept informed of progress on my case?

A. Yes.  The case belongs to you, and every time there is a development, we will let you know, and we won’t just send you computer generated standard letters.  We will write to you in plain English, and do our very best to make sure that you understand everything that is happening on your case.  We will also ask for your instructions – again, it’s your case, and we will want to know what you think. 

If you believe you may have a clinical negligence or personal injury claim, please contact the team by email at clinnegenquiries@kingsleynapley.co.uk or by calling +44 (0)20 7814 1200.