Medical Negligence & Personal Injury

Top-ranked in the legal directories, Chambers UK and Legal 500, our London team is recognised as a specialist team in medical negligence, clinical negligence and personal injury.  Led by partners with more than 25 years of experience in this area, our lawyers built their reputation on their legal and medical knowledge and in handling complex and ground-breaking cases.

Most of our clients have experienced very serious and life changing injuries.  In our medical work we deal with claims arising from all sorts of treatment. So, apart from being experts in the law, we have huge knowledge about medicine, and the way in which healthcare is provided. 

Personal injury solicitors

In our personal injury work we focus on claims involving life changing injuries. Our personal injury lawyers have particular experience in claims arising from road accidents, spinal injury, school and adventure trips, and foreign holidays.

Our clients come from a wide range of backgrounds and all walks of life.  We offer a number of different funding options, including CFAs (no win, no fee) privately paying and Legal Aid.

We use our legal skills to help our clients rebuild shattered lives, and regain hopes and ambitions. We are proud to say that for most or our clients the experience is very positive and empowering:-

“I understood every aspect of my claim, and they handled everything with respect and compassion.  I felt grateful to be in the hands of such experienced, knowledgeable and understanding solicitors.”

A Client

Our clients’ needs are at the forefront of everything.  We get to know them and their families, and find out their priorities and concerns.  We then support and involve them throughout their medical negligence claim so that they are kept constantly involved. All important decisions are taken together.

We understand that many of our clients have been through extremely difficult times, and our approach is consistently sensitive and compassionate.

“As a family, we are extremely happy with the outcome. [Kingsley Napley] got my sister the best in difficult circumstances.” 

A clinical negligence client

We work with the best medico-legal experts and barristers in the UK, and for every client we put together a personalised team to fight their case.

How we work with you

The first call will usually be with our Triage Specialists, who will take the time to understand your situation and what you are trying to achieve.  You will then speak to a solicitor very quickly, and arrangements will be made for an introductory meeting.  If, after the meeting, you decide that you do not want to go ahead, there will be no charge for that meeting, but otherwise we hope that it will be the start of a very rewarding experience for you as a Kingsley Napley client.

 

Medical negligence / Clinical Negligence FAQs

These FAQs are about your relationship with Kingsley Napley and how to begin making a claim. We also offer an in-depth guide that covers the process of launching, running and succeeding with your claim.

For further information, please email clinnegenquiries@kingsleynapley.co.uk or call 020 7814 1200

FREQUENTLY ASKED QUESTIONS

1. When should I bring a claim?
2. Who will deal with my claim?
3. How will I pay for my case?
4. If I have a CFA will I get all of my compensation?
5. Do you offer free initial advice, without my having to make a commitment to instruct your firm?
6. When will I get compensation?
7. Can you also help me with rehabilitation, and obtaining specialist therapy?
8. Can you help with advice on benefits, and how best to manage my compensation in the long term?
9. 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?
10. How long will my case take?
11. Will I receive regular updates, and be kept informed of progress on my case?

Question 1: When should I bring a claim?

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.

Question 2: Who will deal with my claim?

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.

Question 3: How will I pay for my case?

We offer various types of funding arrangements.  If you wish you can pay for your case privately, but most of our cases are funded by Legal Aid, Legal Expenses Insurance, or Conditional Fee Agreements -  popularly known as “no win, no fee”.

Question 4: If I have a CFA will I get all of my compensation?

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.

Question 5: Do you offer free initial advice, without my having to make a commitment to instruct your firm?

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.

Question 6: When will I get compensation?

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.

Question 7: Can you also help me with rehabilitation, and obtaining specialist therapy

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 injury claim is not just about getting you money – it is about improving the quality of your life.

Question 8: Can you help with advice on benefits, and how best to manage my compensation in the long term?

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.

Question 9: 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?

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.

Question 10: How long will my case take?

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.

Question 11: Will I receive regular updates, and be kept informed of progress on my case?

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.

For more information, please watch our How to Make a Clinical Negligence claim video.

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.

 

Useful links

This section contains some useful links for anyone injured through clinical negligence. These websites have been chosen to provide you with further information and support.

Our lawyers are on hand to discuss any of the legal aspects of your claim. Please contact clinnegenquiries@kingsleynapley.co.uk or call +44 (0)20 7814 1200.

USEFUL LINKS:

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers) 
• The Childs Brain Injury Trust 
• DEMAND (Design and Manufacture for Disability)
• Department of Health
• Headway - The Brain Injury Association
• GMC (General Medical Council)
• GDC (General Dental Council) 
• The Law Society
• Legal Services Commission
• The London Centre for Children with Cerebral Palsy
• The NHS 
• NHS Direct
• NMC (Nursing & Midwifery Council) 
• SCOPE
• Spinal Injuries Association
• SANDS (Stillbirth and Neonatal Death Society)