A member of my family died due to negligence – can I claim on their behalf?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    A member of my family died due to negligence – can I claim on their behalf?

    Cases of medical negligence can vary widely in terms of severity, from what might be termed fairly ‘minor’ problems such as having the wrong tooth extracted, all the way up to misdiagnosis of serious illness or the prescribing of a medicine which the patient is allergic to. What they all have in common, however, is the psychological havoc wreaked by the fact of having been let down by the people treating you.

    Suffering from a medical condition, or even seeking cosmetic treatment, is a stressful experience at the best of times. One of the things which makes it more bearable is the knowledge that the people treating you are talented, dedicated professionals determined to get things right. When this isn’t the case – when mistakes are made and negligence becomes apparent – it makes an already difficult situation infinitely harder to cope with.

    Many people hesitate before launching a claim for medical negligence on the grounds that such cases tend to be long and complicated. Whilst still recovering from illness or the effects of negligence they don’t feel they have the energy to go through with it. That’s why it’s vital to work with an experienced clinical negligence lawyer who will guide you through the process using their experience and know how.

    Sometimes, the very worst happens and a patient dies as a result of medical negligence. In cases such as this the surviving relatives, struggling with their grief, may feel reluctant to embark upon a claim. The fact of the matter, however, is that it’s those left behind who will have to cope with the pain and anguish, as well as dealing with any financial ramifications caused by the loss of someone who may have been the family breadwinner. If all of this has arisen because someone, somewhere, failed to do their job properly and take sufficient care then it’s only just and right that you should be able to claim compensation. Aside from the simple monetary aspect, a successful claim will represent recognition that things went wrong and can often play a major part in helping grieving relatives begin to cope with their loss.

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