What if the A&E staff were under pressure – does that affect my claim?
No. The legal standard of care remains the same, regardless of how busy or understaffed the department was at the time.
Will I have to go to court?
Not necessarily. Most medical negligence claims settle through negotiation. Having to attend court is usually a last resort if the other side disputes the claim or won't offer fair compensation. However, your solicitor may issue proceedings if they think the NHS solicitors are dragging their heels. Sometimes issuing court proceedings ...
How long does an A&E negligence claim take?
It varies. Simple claims may settle in under a year. More complex ones – especially where long-term injuries are involved – can take 2 to 3 years or more to settle. Whether or not your claim is settled by negotiation or goes to court also has a large bearing on ...
Do I need medical records to start a claim?
Not immediately – your solicitor can obtain your medical records once the claim begins. These will form a key part of the evidence in proving who was responsible for the negligent treatment you received.
Can I sue the NHS if I was sent home from A&E and became seriously ill?
If you can prove that the decision to send you home was negligent and directly caused your condition to worsen, you may have a reasonable case for compensation.
Will making a claim affect my relationship with the driver?
It’s understandable to feel uneasy, especially if the driver is a friend or family member. However, in reality, your claim is against their insurer, not them personally. In most cases, they won’t be personally out of pocket (except for any loss of no-claims bonus). In any event, you have a ...
Can I claim compensation if I was a passenger in a car that caused the accident?
Yes, you can. Even if the driver of the vehicle you were in was at fault, you still have the right to bring a claim as an innocent passenger. Claims like these are made against the driver of the vehicle in which the passenger was travelling at the time of ...
Are motorcycle claims treated differently to car accident claims?
Not in terms of the way a claim proceeds in the court process. However, motorcyclists are more exposed than other motorised road users in the event of an accident, and consequently, their injuries are often more severe. That means the level of compensation could be higher to reflect the seriousness ...
Do I need to prove the accident wasn’t my fault to make a motorcycle injury claim?
Yes, as with any road traffic accident claim, you, as the injured party, will need to show that someone else’s negligence caused the accident, if you want to bring a claim against whoever was at fault. The cause of the accident might be negligence on the part of another motorist, ...
What if the driver who hit me didn’t stop or was uninsured?
You can still claim, even if the driver fled the scene or wasn’t insured. In these cases, we’d make your claim through the Motor Insurers’ Bureau (MIB), which helps victims of uninsured or untraced drivers. Our team at Mooneerams will guide you through the claims process if you'd like them ...