How experienced are you in brain injury cases?
We have a highly experienced and successful team of lawyers who work with brain injured clients and their families every day. We take pride in specialising in this work to ensure we can provide the best support possible to those we work with. We are well known for achieving outstanding results for our clients. Many of our families are so pleased with the support we offer and the success we achieve, that they go on to recommend us to other families.
How will I fund the investigation?
If our advice to you is that you should investigate a case, we will identify the best way to fund it often with no cost to you.
There are several different ways to fund a claim. We are one of only a few firms in the UK that fund brain injury claims by way of a Conditional Fee Agreement also known as a ‘No win-No Fee’ agreement.
See here for more detail on funding your claim.
How long will the case take?
All claims differ and depend upon when a final prognosis is known and a claim can be valued.
Complex cases can take years to resolve and therefore it is crucial to begin the process as quickly as possible. Once we obtain an admission of liability in your case we can request an immediate payment to help with your needs and put support in place.
What will the first steps in my case be?
We will discuss your circumstances at a time and place to suit you - in person, at your home or on the telephone. We can request your medical records either at the outset free of charge, see here for more detail, to advise you further or once funding is in place. Once we have reviewed your records we can advise you further and appoint suitable experts to provide their opinion on your potential claim.
What if I have already been told I don’t have a case?
We can provide a second opinion free of charge. We have acted for many clients who have been told they don’t have a case but by looking at the claim in a different way and with our expertise, we have gone on to be successful.
Will I have to go to court?
Medical negligence cases rarely go to court, with only a small percentage of the more complex cases ending up there. However, in the unlikely event that your case reaches court, we will be by your side throughout the process.
When can I get some financial help?
As soon as we possibly can we will obtain an early payment for you to support any immediate financial needs you have. This can help with care, rehabilitation and therapy, and accommodation. Click here for more detail. The sooner you investigate a potential claim the sooner an early payment can made if you are successful.
What can I claim for?
The aim of compensation is to put you in the financial position you would have been in had it not been for the injury / negligence in question. We recognise that this is sometimes impossible but we can work with you and the best experts to ensure all your needs are assessed and costed to help you transform your life for the better and to give you financial security for the future. See more information on what you can claim for here.
How much is my claim worth?
It is impossible to advise upon the value of your claim at the outset given the complexity of the issues involved. However, any potential brain injury claim could result in a substantial award for damages. Once the correct expert evidence is obtained and when a final prognosis is known we can advise you further. Our role is to maximise the compensation that you will receive and we are specialised in doing so.
Are there any time limits to bring my claim?
It is important to pursue your claim as quickly as possible due to time limits and to enable us to help you obtain compensation for you as soon as possible. This is especially the case in complex cases as the process can be lengthy.
You have to start your claim within 3 years from when the injury occurred or when you became aware of any potential negligence or injury as a result. However, the time limit only begins when a child reaches 18 years of age.
For someone who lacks capacity to pursue any litigation the 3 year time period may never start to run although capacity can return or be intermittent.
You should always seek legal advice upon the relevant limitation period in your circumstances.
Should I make a complaint?
It is not necessary to pursue a complaint but sometimes it is helpful to do so. We can guide you through this process and even advise you whether or not it’s the right step for you to take. See here for our guide on making a complaint.
Will my treatment be affected if I pursue a claim?
Making a claim shouldn’t affect your treatment or care. If you have any concerns about this, we are happy to assist. We can advise you upon your rights and in some cases advise you on how to transfer your care to another health provider if you don’t feel comfortable.
How do I access my medical records?
We can obtain these for you free of charge if we are of the view that you should investigate matters further. Alternatively you can obtain a copy yourself. See here for further information on accessing your notes or medical records for a family member.
Who will see my medical records?
We will apply for copies of your medical records and send copies to the medical experts who will receive instructions to prepare a report. We may also need to share your medical records with a barrister if and when they get involved. The opponents have a right to access your medical records when a claim is being pursued.
We take data protection very seriously at Knights 1759 and will not share your records with any unauthorised person or body and at all times notes are transferred to relevant parties securely.
Will my case be reported in the press?
We will always respect your right to privacy wherever possible. On occasion clients want details of any settlement to be made public or there may be publicity surrounding the case in certain circumstances. If this occurs we can support you in managing any contact with the media to ensure you are in control of any publicity that occurs.
Do you need me to keep hold of any documents that might help?
It is a good idea to keep hold of documentation now that may assist in the valuation of your claim later. For example:
Receipts or invoices you have paid in relation to your injury;
Wage slips that document a loss of earnings;
Extracts from a diary documenting your day to day routine, symptoms and appointments;
Any correspondence you have received following a complaint made.