Because of the wide range of types of medical negligence situations and claims that come with them, giving a definitive figure is difficult.
On average, we’d say a claim will take between one year and 18 months to square away.
That said, with no details, this is simply a very rough estimate.
At best, cases can be resolved very quickly. Usually this happens when the offending party admits fault and takes responsibility for what went wrong.
This doesn’t always happen, especially when the lines are a bit blurrier.
Let’s take a deeper dive into how long your claim might take and the factors that influence your claim. As your local medical negligence solicitors from Manchester, we are happy to delve into this so you can see how a claim’s time frames work
It may be that the offending party isn’t even aware of any malpractice, which is why the onus is on you, the Claimant, to demonstrate with sufficient evidence that you’ve suffered as a direct result of medical negligence.
With complicated cases that need to be examined down to the finest details, the process can take upwards of two years.
Claims have to be thoroughly analysed to make sure they’re fully understood.
Your solicitor will examine your medical records, as will an independent medical expert.
Then, with all the evidence in hand, you’ll know what the next course of action is and what to expect.
This stage of the process can be what takes the longest.
Typically, gathering all the evidence and having it verified will take anywhere from six to twelve months.
Again, it depends on the complexity of the case. It can take more or less time.
In cases where the implications of your recovery aren’t clear, you might need subsequent medical testing. Injuries suffered as a direct result of negligence can take a long time to manifest.
The extent of the damages isn’t always immediately obvious.
Then, you’ll need ongoing examination to paint an accurate picture of said damages.
Only when your health implications are fully understood can a monetary figure be proposed. What happens if a claim is settled too soon?
The Claimant may experience further suffering that wasn’t clear at the time the agreement was made.
Once a claim is agreed, it can’t be changed, and you can be unfairly penalised as a result. This is why evidence and thorough analysis is so important.
With sufficient evidence collected and analysed by the relevant parties, a claim can be made against the defendant, whomever this might be.
It might be an individual or it might be an institution (a hospital, for example).
The defendant may need to collect their own evidence in addition to yours which adds time to the process.
Very often, sufficient evidence means that the terms of the case are clear, and said case can be settled quickly without the need for court proceedings.
It is only if you receive pushback from the defendant, for example, denying any malpractice, that court proceedings become likely to occur.
Where cases do take a long time, the Claimant can receive an interim payment as part of the process.
This allows them to continue paying for any ongoing treatment they need due to their injuries, for example, that they couldn’t afford otherwise.
An interim payment will be deducted from the final settlement.
If you’ve suffered as a direct consequence of unacceptable standards of care, you are owed compensation.
Simple as that. Needless to say, seeking compensation can be a stressful experience.
Some are reluctant to pursue their cases, thinking that it’s more hassle than it’s worth.
Time, energy, stress. Because cases can last a long time it can certainly seem like hard work. It can seem like your claim is never going to get resolved.
This is why you need the right advice to help support your claim, so you know you are in the right and you can work towards getting the compensation you deserve.
Be patient, be persistent, talk to your advisors as and when you need for advice and support.
We work on a no-win no-fee basis. This means that for every case we pursue, we’re confident that our case is definitive and will have a successful outcome.
To discuss whether you have a claim, get in touch now and we can advise accordingly.
In other news, we wanted to congratulate Fletchers on breaking the top 100 UK firms. They boast a team or 434 people which is really impressive. They even have 50 medical lawyers which is also extremely impressive. Good for these guys and we hope they continue to grow! We hope that the same happens to us and are pushing for it. As long as we can continue to offer a great service to people there is no reason that this will also not happen with our company.
Thanks for reading and see you soon.