If you think you may have grounds for a medical negligence claim (also known as clinical negligence), then you need to get in touch with a trusted negligence Solicitor to receive the expert legal advice you require. At Been Let Down, we have a team of expert Solicitors with many years of experience of winning medical negligence cases in courts across the country.
After making an initial no-obligation enquiry through our simple online claim form or by phone, one of our friendly and knowledgeable legal team will contact you to discuss your claim in more detail. Unlike some of the other negligence claim services, with Been Let Down you’ll be speaking to an experienced and specialist negligence Solicitor from the moment you get in touch, ensuring you receive reliable and clear legal advice.
What’s more, we can take on the vast majority of our negligence claims on a ‘No Win, No Fee’ basis and we offer great deals on success fees. More detailed information on this is available in the section below.
First things first – we will need to take some time to establish whether you have a valid claim we are confident we can win in a court of law. Medical negligence can be a thorny issue, so it is important to establish whether actual provable negligence has occurred, or if your situation is more of a reason for a complaint. However distressing the initial suffering has been, pursuing a case with little chance of legal success would only add to that anguish, so we will ensure we are honest and transparent with you from our first contact.
This is why the initial consultation period is so very important, and why contacting us is the best choice as you’ll talk to an actual specialist negligence Solicitor from the very start. We will listen carefully and sensitively to the details of your case; we know when clients contact us they are often going through a very stressful time. We treat each case individually and can even arrange hospital, work, or home visits if necessary.
As we listen to the details of your case we will be trying to establish two key things:
If both of the above conditions are satisfied, then you may well have grounds for a medical negligence claim, which is our specialism. During the initial stages of the claim process, we will also be able to advise you of things such as Statutory Limitation — the time after the incident in which a medical negligence claim must be commenced.
The statutory limitation for a negligence claim is usually three years, although medical cases can be complicated in nature, and there can be exceptions to this. If you believe you may have missed the limitation period, you should still contact us, as your claim may still be valid and we may still be able to help.
We usually take our clinical negligence cases on a ‘no-win-no-fee’ arrangement, otherwise known as a Conditional Fee Agreement (CFA). This means that if we are not successful in winning your claim, or that no compensation is secured, then we will not charge any fee. If we are successful, we will recover our costs back form the at fault party. It is common practice and indeed well publicised that Solicitors are now allowed to charge their clients a success fee which can be a sum up to 25% of their damages (subject to conditions). Put simply, this means that with most other Solicitors, you will pay your Solicitor up to 25% of your damages as a success fee.
We offer great deals on success fees which means if you choose us as your Solicitor, it is likely that we can beat any success fee deduction offered by another firm meaning you maximise your compensation. In high value claims, the retention of up to 25% of your damages can be a very large sum of money and even with more modest claims, the deduction of 25% can make a big difference to clients financially. You can rest assured that our aim and promise is that with our success fee deals you will maximise the amount of your compensation with us. Contact us if you have been offered a success fee with another firm before you instruct them and we will try and beat it.
We have many years’ experience and specialist knowledge gained across a wide spectrum of medical negligence law claims. Whether you are looking at a case of a diagnosis being missed or incorrect, a mistake during surgery, or any other possibly negligent action, we have specialists in-house who will bring expertise to your case.
Been Let Down’s success fee deals for medical negligence cases means that we can beat the terms of those offering even the most competitive rates. This combination of expertise and industry-leading rates makes us a popular and trusted negligence Solicitor option on a nationwide basis.
Since the withdrawal of legal aid for medical negligence, pursuing a claim on a CFA is a way for you to have peace of mind about the financial implications of your case.
It is important to understand in a very small number of cases, a claimant may be liable for a defendant’s costs if the claim is not successful. We will, of course, assess whether this would be an issue in your case, and if it is then we would recommend ‘After the Event’ (ATE) insurance before you move on with your claim.
Our primary concern is to protect each client’s legal and financial interests and well-being, so ATE insurance offers you cover in the very rare event that you’re found to be liable for the defendant’s costs. Here at Been Let Down, we have access to extremely competitive ATE policies; just another service we offer to ensure our clients’ worries about finance need not become an issue.
Here at Been Let Down, not only are we one of the most competitive ‘No Win No Fee’ negligence Solicitors in the industry, but we are also able to offer an elite level of expertise and qualification. This is showcased by the fact that we are accredited by the Professional Negligence Lawyers Association and the Solicitors Regulation Authority so that you can be sure of the very best representation.
Remember, the fact that our negligence Solicitors are specialists in the field of negligence law which means that we have an extremely high success rate. You’ll be speaking to a qualified Solicitor from day one, with our legal experts able to advise you on whether or not you have good grounds for a medical negligence claim and whether we think we can win your claim.
Choosing a Solicitor to pursue a medical negligence claim (sometimes referred to as a clinical negligence claim) on your behalf is an important decision, and at times it may be difficult to decide what is best for you. Funding is one of the main considerations when choosing who to pursue your claim for you, and neglecting to check all of the details and options available could result in you being financially liable, and not receiving all of your compensation.
Legal aid has now been withdrawn for medical negligence, except for cases involving children suffering neurological injuries during pregnancy, birth, and in the eight-week post-natal period.
The majority of medical negligence claims are pursued by Solicitors using a Conditional Fee Agreement (CFA). Although in the past few years there have been changes in the law following the introduction of new legislation; the Legal Aid, Sentencing and Punishment of Offenders Act 2012, in addition to changes in the Civil Procedure Rules. There has also been the introduction of ‘qualified one-way cost shifting’ (QOCS), which prevents a Claimant from being liable to pay the opponent’s costs if they lose the case. However, you must be aware that there are still instances where the Claimant will be liable to pay the opponent’s costs. When you choose a Solicitor to deal with your medical negligence claim, they should discuss with you the option of purchasing an ‘After the Event’ (ATE) insurance policy, which protects you financially if you fail to beat an offer made by the opponent to settle the claim. There is also a possibility that you already have ‘Before the Event’ (BTE) insurance as part of your home insurance policy or other insurance policies which you may have. These insurance policies may cover your opponent’s legal costs if you are not successful with your claim.
A Conditional Fee Agreement, or ‘No win, No fee’, sets out the agreement between you and the Solicitor instructed to pursue your claim. The Solicitor agrees that they will not charge a fee if they are not successful in pursuing your claim, subject to terms and conditions being met and followed. In return for the Solicitor deferring payment of legal fees until the end of a successful claim and also taking the risk the claim may not be successful, the Solicitor may charge a success fee up to 25% of your damages, which is to be deducted from the recovered damages at the end of the claim. The success fee is negotiable. Here at Been Let Down, we offer highly competitive success fees and invite all prospective clients to call us to see if we can beat any success fee arrangement you may have been offered with another firm of. We are able to offer success fees as low as 0% in respect of many clinical negligence claims which means you will pay less out of your compensation when you instruct the highly experienced Solicitors at Been Let Down to deal with your claim.
It is also important your Solicitor bears the responsibility of ensuring you understand the wording of any contract signed when instructing them to act on your behalf. This includes a detailed costs breakdown of the initial investigations and the further stages of the process. Due consideration must be given to the funding of any expert opinion and reports needed to bring your claim. It is therefore important that you seek out a reputable Solicitor, who has a good knowledge of funding issues before deciding if you wish to pursue your claim.
The funding options will be discussed with you over the telephone or in person to ensure that you are completely comfortable and that you are aware of any financial risks associated with bringing a claim. We will also provide you with a Client Care letter which lays out the structure and procedure, which we are required to do by the Solicitors Regulation Authority.
Time is definitely of the essence when it comes to medical negligence, so why not call us, request a call-back, or use our online claims form. Get in touch today, and one of our legal experts will be able to discuss your case in more detail and set up an initial meeting on a no-obligation basis to explore your claim.