What level of damages can I expect to receive?

Assessing damages for clinical negligence is a complex process. Each case, and each person involved is unique, and their story will have its own, unique aspects. As David Nesbit, Solicitor and Managing Director at Longden, Walker and Renney, explains, “Assessing Damages is an art that requires skill and experience. Each case turns on its own facts.”

General damages forms only one part of a claim for financial compensation. The aim of any compensation award is, so far as is possible, to put a claimant back in the position they would have been, were it not for the negligence. There are many different aspects to calculating clinical negligence compensation, and so for comprehensive advice on damages, it is crucial to obtain advice from a specialist solicitor. Before valuing a claim, your solicitor may need to obtain specialist evidence from other experts in fields such as in medicine, care, occupational therapy, case management and architecture.

Longden Walker and Renney have over 30 years experience pursuing highly complicated litigation, obtaining damages for people who have suffered catastrophic injuries. Our experienced solicitors work closely with those injured through clinical negligence to support them and their families throughout the entire process.

How much will it cost?

This will depend upon the type of funding agreement that you enter into. If you already have a legal expenses insurance policy, this may cover most or all of your costs associated with the claim.

If your case relates to a neurological injury affecting a child, you may be entitled to obtain Legal Aid funding. If so, then normally you will not have to pay anything.

We are one of the few solicitors firms in the North of England that has a Legal Aid franchise that enables us to represent clients in Legal Aid cases.

If you do not have a legal expenses insurance policy and are not entitled to Legal Aid, then most clients fund their claims by way of a Conditional Fee Agreement.

Under this agreement if you do not win your case, you are not liable to pay our fees. In the event that you win your case, you will have to pay a success fee out of your compensation. This is limited to no more than 25% of the compensation recovered.

You may also have other expenses to pay, which might include part of the cost of the insurance policy that you would normally take out to cover your risk of losing the case. It may also include some or all of the defendant’s costs.

We will advise you fully in this respect and at Longden, Walker & Renney we give all of our clients a guarantee that we will not deduct more than 25% of recovered compensation to cover basic charges and any success fees in your case.

If you would like more information, or have any further questions, please don’t hesitate in contacting us. You can get in touch via our online enquiry form and one of our team of experienced solicitors will get in touch at a time that is convenient for you. Alternatively you can email law@longdens.co.uk or telephone 0191 5666 500.

What is clinical negligence?

The term “clinical negligence” (sometimes knownas medical negligence) crops up most often in association with legal compensation claims forinjury and loss following a medical accident.

Doctors, surgeons and other healthcare professionals owe a duty of care to their patients. Such a duty requires that they do not fall below standards reasonably expected of them within their profession. If they do fall below these standards, their treatment and/or advice towards a patient can amount to clinical negligence.

If a patient is a victim of clinical negligence, they may be entitled to compensation. To succeed in recovering compensation for clinical negligence, the patient needs to prove that it was clinical negligence that caused the injury.

If you would like more information, or have any further questions, please don’t hesitate in contacting us. You can get in touch via our online enquiry form and one of our team of experienced solicitors will get in touch at a time that is convenient for you. Alternatively you can email law@longdens.co.uk or telephone 0191 5666 500.

Why Longdens?

Longden, Walker & Renney have one of the largest clinical negligence practices in the North of England. Our solicitors are specialists in clinical negligence law and have vast experience in dealing with clinical negligence claims.

We have members of the Association of Personal Injury Lawyers (APIL), Action for Victims in Medical Negligence (AVMA), The Law Society Personal Injury Panel and are one of the only firms in the North of England that are franchised to deal with Legal Aid cases. Our team have won millions of pounds of compensation for clients in clinical negligence cases over the past 25 years.

At Longdens, we have developed a large network of leading experts in all areas of clinical negligence that we can instruct on behalf of our clients.

We put client service at the forefront of everything that we do and we strive to give a good client experience with clear explanations of your claims process and your liability for costs so that there are no hidden surprises.

A large percentage of our clients are recommended by friends and family because we are specialists in this field of law. Patient support organisations and even other solicitors firms send clients to us because they know they can trust us to get the best possible results for their clients.

Most importantly, we believe that if you come to us, you will be giving yourself the best possible chance of winning your case.

If you would like more information, or have any further questions, please don’t hesitate in contacting us. You can get in touch via our online enquiry form and one of our team of experienced solicitors will get in touch at a time that is convenient for you. Alternatively you can email law@longdens.co.uk or telephone 0191 5666 500.

Who pays the compensation?

If the case is against the NHS, it is the Government that ultimately pay the compensation via the National Health Service Litigation Authority. In cases against GPs or private medical practitioners, an insurance company will normally pay the compensation via the practitioner’s professional body.

If you would like more information, or have any further questions, please don’t hesitate in contacting us. You can get in touch via our online enquiry form and one of our team of experienced solicitors will get in touch at a time that is convenient for you. Alternatively you can email law@longdens.co.uk or telephone 0191 5666 500.

How long will my claim take?

Due to the complex nature of clinical negligence claims, as well as delays in the court system, the claims process in clinical negligence claims can be lengthy.

If the issues in the case are straightforward, some claims can be settled early on once medical evidence has been obtained. In other cases, particularly where liability (fault) is disputed, cases may have to go to trial, although this is very rare.

A straightforward claim may take between 12 – 24 months to settle. Complex cases can take considerably longer. Each case is different and at Longden Walker & Renney, we provide our clients with a case plan early on. This sets out the steps to be taken in the case and the expected timescales involved.

If you would like more information, or have any further questions, please don’t hesitate in contacting us. You can get in touch via our online enquiry form and one of our team of experienced solicitors will get in touch at a time that is convenient for you. Alternatively you can email law@longdens.co.uk or telephone 0191 5666 500.

How can we help?

To speak to our dedicated team of Solicitors, call us on 0191 5666 500

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