Frequently asked questions - Personal injury and negligence

What is Medical negligence?

It is when a healthcare professionals actions fall below the acceptable standard of care and this results in harm to a patient. This can include errors in diagnosis, treatment, or management

How do I make a negligence claim?

We offer a non-committal and entirely confidential initial consultation. This can take place over the phone, by video link or in person.

There is no time limit on the consultation, it takes as long as necessary to ensure you feel comfortable and we can give you the best advice possible.

If we feel that there is merit in progressing matters further with you, we can provide detailed information in relation to the process.

What are the time limits for bringing a claim for compensation?

If you were subject to negligence your claim will be subject to limitation. This means that your claim will be classified as statute barred (out of time) three years from your 18th birthday or three years after the negligent act or date of knowledge.

How much compensation will I receive?

There is no set amount of compensation for negligence. A claim is valued on lots of different variables and understandably everybody is different, therefore the consequences impact from case to case.

In general terms, claim are valued based on many years of expertise and experience in settling and valuing previous cases. Those cases that have been brought to the attention of the court can often assist in valuation as they have frequently set precedent.

A claim is valued in two parts.

The first is pain, suffering and loss of amenity often referred to as general damages. This is compensation awarded for the abuse and its consequences. These are referred to as general damages as it is impossible to calculate the true harm and impact.

The second aspect is special damages or losses. These are losses than can be valued on a more tangible basis. Examples can be the cost of therapy or counselling, loss of earnings and medication.

We will use experts to work with you in understanding which therapy is most beneficial and who can assist with calculation of the impact on your education and earnings.

Will I have to go to court?

This is a very difficult question to answer. You may have to go to court. You will of course be given guidance and support if this is required. Often many cases do not go to court and settle by way of an out of court settlement.

Remedy Law will work on the basis that your claim will end up going to court as if we did not, we would be doing all those we represent a disservice. We do not automatically seek for your claim to be settled out of court if we not feel you will be properly compensated but will listen to your wishes and work with you to achieve a positive outcome.

Who will pay my legal fees?

If your claim has sufficient merits to proceed, it can be funded by way of a no win no fee agreement. This means that you will not have to pay the legal fees in bringing your claim and if your claim is unsuccessful we do not get paid.

If your claim is successful we will seek to recover our costs from those who were defending the claim. Your damages award will be subject to a deduction of up to 25% of your damages to cover our success fee.

Contact us

If you would like to make contact on a non-committal and confidential basis – use our contact form or contact us on the details below:

Phone: 023 9355 2153


How Can We Support You?

Get in touch for a free, non-committal and confidential chat to see how we can help.