Investigating your claim
Not just compensation, but the truth
How we investigate your claim: Initial Telephone Contact and Meeting
The first contact is usually a telephone discussion with one of our team. We will obtain as much detail from you as possible regarding your claim and will use this information and supporting documents to assess your case.
Once we have gathered and assessed all the necessary information, we will advise you regarding your case, and let you know if you have a case worth investigating.
The next stage is to arrange a free no obligation meeting where we can discuss the case in more detail and explore the issues with you. This can either be at your home or hospital, or at any one of our offices. This meeting will also cover other important issues such as what needs to be proved in a clinical negligence case and the funding alternatives.
If you chose to continue with the claim then the appropriate funding arrangement will be set up. This may require some paperwork depending on the arrangement, but we can draft this for you.
What do we have to prove?
In order to recover compensation we must establish:
- That the care provided by the medical team involved was substandard (breach of duty).
- That but for the substandard care the cerebral palsy could have been avoided or reduced in severity (causation).
We have to establish through expert independent analysis that there was a direct causative link between the breach of duty and the type of injury sustained. We have to also rule out other causes for the injury. In order to do this we obtain, with your consent, copies of all obstetric, paediatric and general practitioner records and commission a full independent examination of them.
We will also take a detailed statement from you to compare that statement with the records disclosed prior to instructing independent medical experts to provide opinions as to the care provided and if that care was substandard and causative of injury. If the claim is strong we can negotiate with the proposed Defendants and seek an early interim payment of compensation. By this stage it is likely that we will have also instructed a specialist Barrister and independent expert witnesses from a range of different specialisms. If it is the case that there is a sustainable allegation then that claim will be communicated to the solicitors instructed by the hospital or doctor who have two options. The first is to accept liability and negotiate an award of compensation or secondly to deny liability, in which case Court proceedings would be initiated and set out according to a timetable decided by the Court with a view to eventual trial.
Assessing the level of compensation
The fundamental principle underlying a claim is to put the injured person in the same position as they would be but for the accident that occurred. No amount of compensation will truly right the damage caused by the injury, physically, emotionally and otherwise, but the underlying principle is to reduce the impact of the injury as far as money can. Inevitably it is impossible to guarantee that the award will be exactly correct and both your solicitors and the Defendant’s solicitors will put forward their views through expert witnesses as to how to best address the range of injuries and disabilities in purely financial terms.
If you would like further information please contact us on 023 9238 8021 or click below to send an email.