I Have Been harmed. What Category Does My Case Fall Into?

So you have been harmed to the extent that you want to make a claim for the first time in your life.

This is probably a pretty irregular experience for you as it is for most the first time they are ever injured to this extent.

Most of us suffer damages each day but are not necessarily severe enough to warrant the time and energy to try and sue someone.

But now you are in this situation. If you want to do more reading on the type of claim you have you will need to know which claim exactly you have.

There are three main categories and we will go over these later on in the article.

Obviously, we are medical solicitors. However, people confuse us with other types of claims that seem similar to a medical negligence case. This article has been written to differentiate between the different types of claims. These are negligence, liabilities and accidents. As your competent medical negligence solicitors from Manchester you can rely on us for any negligence cases that have occurred either through a medical professional or in a medical setting.

If you have an inkling that the damages you have suffered could be entitled to a claim – why not go for a claim?

So many people every single day suffer damages where they could make a claim for and receive compensation as a result but they choose not to.

Sometimes this is because of arbitrary things they have in their like “I never get lucky” or “I don’t deserve something like that” but really, you should leave this decision to a paid professional who can tell you pretty much for a fact whether you have a case to make a claim or not.

Thankfully you will not have to fork up any money upfront if you want to make a claim.

This is the whole point of our no win no cost service. People who are wronged and could not afford our services up front (which is understandable, hiring a lawyer IS very costly, especially if you are unsure whether or not you will win compensation) can also make a claim like the wealthy and fortunate.

We are rewarded for our work if we can manage to win your case for you.

A winning case means you win compensation. Before the claim ever begins we will agree upon a percentage of that winning fee that we will stand to win as a result of putting your case forward.

The other or losing side will pay for our time so you do not have to cover that either.

This did not use to be the case though.

Before 2013, every single claim that was made would result in the injured person getting 100% of the compensation claim.

The lawyer would simply get the money back for their time invested. In 2013 a ruling was made which deemed that the lawyer is entitled to a percentage of the claim should they want to make that agreement with the client.

Naturally, every lawyer wants to do this as it means more revenue for their company. However, the reason does not all stem from greed.

Giving up some of the compensation as the client actually greatly benefits you.

Now your lawyer has real skin in the game meaning that if they win you the case they also receive a payment.

This makes it more likely that your lawyer will do absolutely everything to win your case. It’s better to win most of something than nothing of a higher compensation total.

Without further ado, let’s have a look at the three main types of claim you will probably approach us with.

There is more to it than written below but it at least gives you a good idea of what you might be dealign with. From here, you can do more research into your type of claim and if you want to come forward with it.

Liability claims

Liability claims are made when a third party has a responsibility to make sure harm is not caused to you. The most common example of someone being liable for damages to you could be the council. An overhanging tree, that the council has the responsibility of keeping safe, might be hanging really low and somehow you have been injured from it (e.g. strong winds caused the branch to hit you in the eye). If someone that creates a product harms you through their product, and you were not using the product in a way the product is not meant to be used, they could be liable for the damages caused to you.

Accident claims

Accident claims can be made when a third party – which could be a person or a company causes you harm as a result of an accident. Accidents are absolutely punishable by the law because we all have a certain responsibility to keep each other safe and sound. “It was an accident” will not hold up in a court of law. This could be any sort of accident like someone accidentally hitting the back of your car.

Negligence claims

When someone has a duty of care to you and breaches that duty so that you are harmed – this would be considered negligence. Let’s say you have a bus driver. If they cause you harm through not carrying out their role correctly – this would be considered negligence.

Negligence claims in the medical world are happening every single day because so many medical procedures are being carried out. Humans make mistakes and therefore people are getting hurt. Almost every single thing you can think of is happening. Surgeons are operating on the wrong body parts, GP’s are giving out the wrong medicines and so on. This would be negligent harm and it’s own kind of claim in itself.

So hopefully you now have a better understanding of what your claim might be to do further research into. Each of this will have different procedures depending on your situation and what you went through.

If you do further reading and are still unsure whether your claim is legitimate or if you should make it – just make it. You have no money to lose and you could gain a lot if you have really suffered. Get in touch and we would love to help out in any way, shape or form.

For this week’s article we have unfortunately read about how a cancer patient was given false all-clear on a genetic test. The false all-clear basically involved the patient thinking they could not develop a certain type of cancer because of a genetic test taken in 2009. As it happens, the test was incorrect and the patient DOES have the genetic disposition to be likely to develop that kind of cancer. It’s a very aggressive ovarian type of cancer and the whole case is tragic. This is a common example of medical negligence. Give this a read if you want to read about a cancer case. Of course, it is not the nicest article to read but this is the harsh reality of what is going on in the world. We wish the lady, who wants to stay unknown, the very best of luck with her health and case.

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