Can I make a needle stick injury claim against the NHS?

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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

    Can I make a needle stick injury claim against the NHS?

    Yes, you can make a needlestick injury claim against the NHS if you believe that the injury was caused by their negligence.

    The NHS has a duty of care to its employees and to patients. This means that they must take reasonable steps to protect you from harm. If they fail to do this and you’re injured as a result, they may be liable to pay you compensation.

    To make a successful needlestick injury claim against the NHS, you will need to prove that:

    • You were injured by a needlestick injury while working for the NHS, or a patient of the NHS
    • The injury was caused by the NHS’s negligence
    • You have suffered losses as a result of the injury

    To file a claim against the NHS, you will need to follow these steps:

    1. Contact NHS Resolution. NHS Resolution is an arm’s length body of the Department of Health and Social Care, an independent organisation that handles claims against the NHS. You can contact them by phone, email, or post.
    2. Provide NHS Resolution with information about your claim, such as the date of the injury, the circumstances of the injury, and the losses you have suffered.
    3. NHS Resolution will assess your claim and decide whether to investigate it further. If they decide to investigate your claim, they will contact you to gather more information.
    4. If NHS Resolution finds that your claim is valid, they will try to negotiate a settlement with you. If they are unable to reach a settlement, your case may go to court.

    Related Questions:

    Road Traffic Accidents
    Accident at Work
    Medical Negligence
    Slip, Trip & Fall Injury
    Other Injury Claims

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