How long will it take to make a medical negligence claim?

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    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

    How long will it take to make a medical negligence claim?

    Owing to the complexity of medical negligence claims, they tend to take much longer to reach court and be decided than any other type of personal injury claim. If you wish to seek compensation for negligent medical treatment then you have to put together a case which proves two things.

    First, that the treatment you received was, in some way, at fault, with specific mistakes leading to it falling below the standard you might have reasonably expected. The second part of a successful claim involves proving to the court that you’ve suffered harm as a result of this negligence. Demonstrating both of these facts is something which is best placed in the hands of expert personal injury solicitors, preferably with experience of working within the field of medical negligence. According to the BBC, claims of this kind can take as long as ten years to be completed, and periods of six to seven years are not necessarily uncommon. However, should the case be settled out-of-court, you will receive your compensation a lot sooner.

    It’s vital, however, that patients who genuinely feel they have been treated negligently should still feel able to pursue a claim. Taking on a huge organisation like the NHS, or even a smaller private clinic, can seem daunting, but working with a personal injury solicitor will mean that you move through the process in a logical, ordered manner, and always have someone on hand to answer questions and deal with concerns.

    If you’ve suffered injury as a result of medical negligence it can have an extremely drastic effect upon the rest of your life. In the most extreme cases patients may have been left having to fund lifelong care, but even less serious cases can involve huge amounts of stress and unhappiness, as well as direct expenses such as lost earnings. If you’ve been let down by someone who you expected to care for you, then receiving compensation will go a long way toward helping you put your life back together.

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