Clin Neg FAQ for website
1. How long do I have to make a claim?
The general rule for adults who are considering making a claim for clinical negligence is that you
have three years from the date of your treatment in which to bring a claim. In some cases you may
not know initially that you have suffered an injury and in these cases you have 3 years from the
‘date of knowledge’ of the injury. If court proceedings have not been issued, by the third anniversary
of the accident or from the ‘date of knowledge’ then you will be prevented in law from making a
claim.
The rules relating to children are slightly different. The three year time limit still applies, however, the
law states that a 'child' has three years from the date of their 18th birthday, in which to bring a claim.
However, you do not have to wait to take action, as a parent or other adult can make a claim on
behalf of a child.
2. What will I have to prove for my claim to be successful?
There are two stages involved in bring a successful clinical negligence claim. Firstly you must prove
that there has been a ‘breach of duty’. You will have to show that the care you received fell below a
reasonable standard which would have been expected from a reasonably competent and skilled
specialist in the particular healthcare field in question. You must then prove that no other
reasonably competent practitioner in that field would have acted in the same way.
Secondly, you must prove ‘causation’, that as a result of the breach of duty you have suffered
measurable loss or damage.
3. What funding options are available to me?
The main funding options are:
 No win, no fee agreements backed by an insurance policy
 Legal expenses insurance, some household and motor insurance policies include limited
Legal Expense Insurance which may cover personal injury claims.
 Private funding which is where clients decide to pay us privately, by hourly fee.
4. Can I make a claim on behalf of a deceased relative?
If the fatal accident was someone else's fault, then the family of the deceased may be able to make
a fatal injury compensation claim.
5. What can I claim for?
You will be entitled to two kinds of damages for your injury. The first is called “general damages”
and is awarded for the pain and suffering caused by your injury. The second is called “special
damages” which covers actual financial losses and expenses arising from your injury.
6. How long will it take to settle the claim?
The life span of your case can vary and depend on a number of factors. The first factor simply relies
on your injuries and how long they take to recover. We would not particularly wish to settle your
case without being certain of the effects of the injury and how long it will take for you to make a full
recovery as we would not be able to accurately value the case. The second factor simply relies on
the attitude of the defendants, for example if they deny liability, or alternatively, if they admit liability
but fail to make any sensible offers in respect of your injury.
7. How much compensation will I get?
It is not possible to value your claim without having access to your medical records and have you
examined by appropriate medical experts.
8. Will I have to go to Court?
Court proceedings are usually issued if there is a dispute between the parties, however the vast
majority of accident claims do not go to a final court hearing as they tend to settle beforehand.
9. What happens, if for any reason I lose my case?
In the unlikely event that you don't win your compensation claim, provided you are covered by a “No
Win No Fee” agreement backed by an insurance policy or have Legal Expenses Insurance, you will
pay nothing. This is because you will have the benefit of an insurance policy, which covers the other
side’s costs.
10. Can you take over from my current solicitor?
If you are concerned about the way in which your claim is being handled by your current solicitor we
are always happy to meet you and discuss the various options under no obligation. If you decide to
transfer your case to OMM we will take care of all the arrangements for you.