Clinical Negligence and Personal Injury

Frequently Asked Questions

Do I have a claim?
We will give you an early view as to whether your claim merits legal investigation.  In clinical negligence claims and some personal injury cases, we may need to obtain expert evidence before we can advise you properly about the potential strength of your case.

Do you charge for the initial interview?
We are pleased to offer an hour's free initial advice either over the telephone, or in a face to face meeting.

How will I fund my claim?
There are various options for funding both clinical negligence and personal injury claims. At Kingsley Napley we have experience of dealing with all types of funding and would be pleased to discuss the options available to you (see our separate section on funding).

Can I get legal aid?
Legal aid is now known as Public Funding. It is not available for most personal injury claims, but is available for clinical negligence claims providing certain tests are satisfied (see our section on funding).

How long will my claim take?
The length of time a case takes to conclude depends on a number of factors, including the complexity of the claim and the injuries suffered. Generally claims can take between 18 months and 3 years.

How much is my claim worth?
The level of compensation varies in each claim. The value of each case depends upon the type of injuries a person suffers, the impact the injuries have upon their life and the financial losses incurred or to be incurred in the future. To make an assessment expert evidence may well be required. We will be able to give you an idea of likely value when we have discussed these matters with you.

Do I need to obtain my medical records?
It can be very helpful if you have copies of the records but we will obtain these for you once we are instructed.  Occasionally, we may ask you to obtain them if you wish to make a complaint against the hospital first rather than a claim for compensation or to help us carry out an initial assessment of your case.

Will pursuing a claim affect my ongoing medical treatment?
It should not. If any difficulties are encountered, a complaint can be made to the Hospital or your GP.

I am not happy with the current treatment I am receiving. Can you help me?
We cannot become involved or advise upon the actual treatment a person is receiving. If you are concerned about your treatment you should discuss this with your treating Doctor or your GP. Hospitals also have Patient Advisory and Liaison Officers (known as PALS) who can also help you with this. However, if you wish to make a complaint about the treatment received see below.

Will I need to see any Doctors in relation to my claim?
Yes, it is likely that you will need to do so to assist us with assessing the impact on you of your injuries.

Can I complain about the treatment I have received?
Yes, you can complain to your GP or the hospital concerned.  It is best to do so in writing and any complaint should generally be made within six months of the treatment complained of. The hospital or GP will have a formal procedure for responding to your complaint.  If you remain dissatisfied with their response, there are further steps you can take. 

Assistance free of charge can be obtained from the Independent Complaints Advocacy Service, and the hospital's Patient Advisory and Liaison Officer (PAL).  You may also wish to contact the charity AvMA for advice and assistance (see our useful links section). 

If you have not made a complaint to the hospital or GP involved this could have an effect on any application for Public Funding (formerly known as Legal Aid) that you may be entitled to make.

I am unable to work due to the injuries I have suffered. Can I get any financial assistance?
You may be entitled to receive social security benefits and you should make enquiries with your local benefits office or Citizens Advice Bureau. As part of the legal claim, it is possible to obtain an interim payment of compensation, but this is not likely until someone accepts responsibility for your injuries.

My hospital treatment/accident happened many years ago. Can I still pursue a claim?
Legal action in clinical negligence and personal injury claims generally has to be started within 3 years of the date of negligence or your 'date of knowledge (if that date is later). 'Date of knowledge has a specific legal meaning which we will discuss with you if relevant.  The 3 year time limit can in some circumstances be extended. If the claim is on behalf of a child or someone who is not able to manage their affairs, special rules apply.

Will the Doctor who treated me be disciplined as a result of pursuing a claim?
A doctor's employer may initiate disciplinary action under the doctor's contract.  You can also make a complaint to the doctor or other health professional's regulatory body e.g. the General Medical or Dental Council and the Nursing and Midwifery Council.  If your complaint raises concerns about the health professional's fitness to practice, it will be investigated and restrictions may be placed upon the professional's continuing ability to practice.