The Claim Process

1. Referral of your claim
Once you have submitted a potential claim with us, it is analysed by our registered nurse to see if it is valid, fits the claim criteria and is within date.

When assessing clinical negligence claims it has to be considered whether the standard of care you received fell below an acceptable standard or an error occurred and whether, as a direct result, this caused you an injury.

In other cases of personal injury the cause of the complaint is usually more straight forward and involves a third party.

2. Claim referral to a solicitor on our panel
Once the claim information has been assessed by our nurse and it is felt that there is a potential claim to pursue, then it is allocated to one of our panel of specialist solicitors best suited to represent your individual claim.

The solicitor will then contact you directly to obtain more information and explain what happens next. They will discuss your case with you and also explain how the ‘no win no fee’ and conditional fee arrangement (CFA) works. They will send you a CFA letter to sign. This needs to be signed before they can start investigating your claim. It is important that you return any information requested as soon as possible.

3. Solicitor obtains medical records from your GP or hospital
The next step is to get copies of all your medical or dental records, which your solicitor will review and begin investigating the claim on your behalf.

4. Solicitor obtains independent expert's report
The solicitor will then instruct independent and unbiased medical experts to provide reports on the standard of care you have received, outlining any mistakes and obtaining a report on your present condition and prognosis.

5. Reaction protocol letter of claim prepared by solicitor
Based on the expert medical evidence, the solicitor will then put your case to the NHS Trust/ GP / doctor /dentist who provided your negligent care.

6. Defendant replies to protocol letter
The defendant has three months in which to reply and may accept responsibility, or deny responsibility, with reasons. If negligence is admitted, your claim is quantified and you will receive 100% of your compensation awarded. If it is denied, providing that the medical evidence is strong enough, the solicitor will proceed through the courts, to a trial if necessary.

The majority of claims are settled out of court.