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Making a claim for yourself

Bringing a personal injury claim following a severe injury can seem a daunting prospect.  Our team of specialist brain, head and spinal injury lawyers have decades of experience of representing seriously injured clients and in winning substantial compensation settlements, including multi-million pound awards.  We have a deep understanding of the needs of our seriously injured clients and will give you an honest and thorough assessment of your potential claim as quickly as we can.

Whether you have suffered a brain or spinal injury our specialist lawyers will approach your claim with expert knowledge and understanding.

Personal injury claims

If you have been seriously injured in a road traffic collision (whether as a driver, pedestrian or passenger), accident at work or in a public place you may be able to bring a claim for compensation. If your injury was because another person was responsible for your injury and we are able to accept your case we will usually follow these steps:
 
  • A personal injury partner from the firm will meet you, either in our offices, or in your home or in hospital
  • If we think your case has reasonable prospects of success we will try and secure immediate rehabilitation treatment by agreement with the defendant’s insurers.
  • We will contact the police to check what stage their investigations have reached and will obtain a copy of the Police Accident Report where appropriate
  • If you were involved in an accident at work we will contact the Health and Safety Executive where appropriate
  • We will ask you to keep records of any out of pocket expenses and losses such as travel costs to hospital and prescription costs.


Clinical negligence claims

If your injury was because of medical negligence and we are able to accept your case we will usually follow these steps:
 
  • Take a statement from you, whether at our offices or in your home
  • Obtain a full set of your medical records
  • Instruct independent medical experts to advise about the standard of medical care and treatment you received and whether alternative treatment would have resulted in a different outcome
  • If, after investigation, we advise that the claim has sufficient prospects of success, we will issue Court proceedings and exchange written summaries of each side's position
  • Exchange witness statements between the parties
  • Exchange experts’ reports
  • Prepare for trial

Why do we have to investigate your case?

To be sure that you have a case which is likely to succeed, and which is worth more to you than the cost of litigation, we have to investigate your case thoroughly, which involves commissioning independent reports from doctors who are medical experts in the relevant field of injury. It is often necessary to gain the advice of doctors from a number of different specialities before we are able to advise about prospects of success.  For your claim to succeed we have to be able to prove, with independent medical expert evidence:
 
  • that the care and treatment given was below the required standard; AND
  • that if appropriate care and treatment had been given the outcome could have been avoided.

Unless liability is admitted, only when we have received all the medical records and independent medical expert opinion will we be able to advise you whether or not a claim brought is likely to be successful and that court proceedings should be issued.

We are approached by hundreds of potential clients every year and in more than 50% of cases we investigate, we find that there is not a reasonable chance of success and the case has to be abandoned. Over 90% of the cases we do proceed with result in a payment of compensation.

How long will it take?

Investigating a complex case can take up to two years.  If, having investigated the claim we advise you that you have a good case, we send a detailed letter to the doctor or hospital involved in your case setting out the details of your claim.  They have four months to respond to this letter.  If liability is denied we have to issue Court proceedings. Most cases get to trial within 12 – 15 months of issuing proceedings – some sooner, some later.

Will I have to go to court?

Probably not. The vast majority of cases that our brain injury lawyers handle settle without having to go to trial.

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