Does it cost anything to make a claim? What happens if I lose? There are several funding options for these types of claims, which could mean your costs are covered. This could be legal expenses insurance (which is often included in home insurance policies), a trade union policy or Legal Aid. The majority of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk to you when making a claim, as you only have to contribute towards your legal costs on successful conclusion. Coodes also has a Legal Aid contract, one of a small number of firms able to offer this funding. We will advise whether you are eligible for this and take the relevant steps to secure this funding. If your claim is unsuccessful then you will not be charged for your legal costs, but you will be responsible for any disbursements, although these costs are usually covered by insurance. How much compensation could I get for a clinical negligence claim and how long does the process take? Every clinical negligence claim is different, which is why it’s important to instruct qualified specialist lawyers. The amount you can claim will depend on a number of factors, including the severity of the injury, any financial losses you have suffered or will suffer, and any changes to your lifestyle that you’ve made as a result. The timeframe will depend upon the issues and complexity of the case. The timeframe can also be affected by the opponent’s attitude towards settlement. A ‘straightforward’ claim where liability is admitted early on and there are no long-term health implications may take two to three years to conclude, however a complex birth injury claim can take many years. How long do I have to make a clinical negligence claim? You should seek legal advice quickly because there are strict timetables for proceeding with legal action. Generally, you have three years to bring a compensation claim, starting from the date of your injury, or the date you first became aware that your injury was a result of negligence. If you suffered an injury as a child, this three-year period begins on your eighteenth birthday, though you can bring the claim at any point prior to this via a Litigation Friend. If a person has died due to negligent care or treatment, then the three-year limitation date starts from the date of death. There are some exceptions to this rule in cases when the injured person lacks capacity. Of course, financial awards can’t fully compensate you or your loved ones but can help you make any necessary adjustments to your lifestyle, help get your life back on track or provide vital support if you have lost the capacity to work. What type of negligence claims do you work with? Coodes specialist and accredited Clinical Negligence team advise clients from all walks of life on a wide range of medical negligence issues. We have helped and supported thousands of clients and their families secure compensation for the consequences of medical negligence and substandard care. We specialise in areas such as birth injuries, brain injuries, cancer misdiagnosis claims, orthopaedic injuries, obstetrics and gynaecology, surgical errors, delays in diagnosis and treatment, and failures by mental health services resulting in serious injury and sometimes death. WWW.LAWYER-MONTHLY.COM 19 Coodes Solicitors is one the South West’s longest-established and leading law firms in Cornwall and Devon. The firm has built a welldeserved reputation for providing individuals and businesses with exceptional legal services and is recognised in both the Legal 500 and UK Chambers and Partners guides. Rooted in the communities of the South West, Coodes serves the community from their extensive branch network of eight offices. The clinical negligence team, led by Business Owner and Partner Rachel Pearce, have over 40 years of experience in supporting individuals and families. They have significant expertise in a wide range of clinical negligence claims, including birth injuries, catastrophic neurological injuries and amputations. The team fights for and achieves justice for clients while helping secure early rehabilitation and compensation to rebuild their lives.
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