FAQs about Negligence Claims
How do I know if an act of negligence has taken place?
Sometimes poor care remains undetected. This is because it is difficult to gauge whether a professional has behaved in a way which falls below a standard reasonably expected.
A solicitor who is experienced in the field of negligence law will be able to determine whether an act of negligence has taken place. Poor service or a grievance against a professional will not always amount to having a claim in negligence. In these instances you should contact the professional body who oversees the professional.
What if the claim relates to a medical negligence claim?
Bath solicitors understand that being at the receiving end of medical negligence claims can be traumatising. If you or a family member suffers serious injury or even death you may be entitled to compensation.
Professional negligence is a complex area of law and requires the expert eye of a solicitor in order to identify a valid claim and guide you through the process with sensitivity and understanding.
Is the test for medical negligence similar to that of other professionals?
The test applied by a solicitor is similar to that applied to other professionals but of course the harm caused usually relates to unnecessary harm or injury rather than financial loss.
The relevant test is whether the medical professional’s conduct falls below the standard reasonably expected of them.
Are there time limits?
Negligence claims are subject to time limits imposed on them by the Limitation Act 1990. You have a maximum of 6 years from when the negligent advice or harm took place to commence legal proceedings. As your claim will not always be able to dealt with immediately it is important to seek legal advice as soon as possible.
What are the solicitors’ fees like?
It may be worrying to you that you will end up spending substantial amounts of money on a potentially unsuccessful and time consuming claim. If you consult a solicitor they will be able to give you a realistic indication of your chances of success and what other options aside from litigation you may have. It is also possible to have a ‘no win no fee’ fee structure put in place. This will require insurance arrangements to be put in place but you may already be covered by trade union or home insurance.