Frequently asked questions

  1. What is medical negligence?

    'Medical negligence' (also known as clinical negligence) is the legal term used to describe a medical accident where a patient has been harmed, not because of a complication that could not have been avoided, but because a doctor or other healthcare professional has not given the proper standard of care. It doesn't always mean that this person was incompetent. It can just mean that in a particular case, they made a mistake that they shouldn't have.

    Medical negligence includes things such as:

    • making a mistake during surgery;
    • giving you the wrong drug; or
    • making the wrong diagnosis.

    Medical negligence can also include not doing things that should be done, such as:

    • not giving you treatment you needed;
    • not getting your consent (agreement) to treatment; or
    • not warning

  2. Are you a claims management company?

    No. You will deal with us directly and not through middlemen.

  3. Will I need to travel to your offices?

    No. We will discuss your claim over the phone, in your home, or online to evaluate whether representation is an option. If, during the course of the claim, a face to face meeting is required and you are unable to come to our offices, we will visit you at your home or somewhere convenient to you. In the normal course of a claim, face to face meetings are infrequent and sometimes not required at all. Most of the claim process can be completed by letter and telephone.

  4. What is "No Win No Fee"?

    The term is often used to indicate that there is no fee to pay whether you lose or win your claim. You may, however, be required to take out an insurance policy to cover the costs you could have to pay the opposing side, if you lose your case. "No Win No Fee" is not always the most suitable way of funding a claim and there may be other options available, which could be more suitable for your case.  We'll be happy to explain these and "No Win No Fee" further and ensure you receive what is the most suitable for you. To learn more Click here.

  5. I am not sure if I have a claim, what should I do?

    Call our 24/7 freephone number and speak in confidence to one of our legal experts. We will do our utmost to answer all your questions and concerns in a sympathetic, professional manner at no cost to yourself.

  6. Can I make a claim online?

    You can start your claim today online by completing the MyInjuryLawyer claim form or by telephoning the freephone number - 0800 043 4299 - provided for a free case evaluation or to simply talk and ask questions. If you do not want to pursue your claim after the initial consultation you can walk away - at no expense and with no strings attached. Anything you tell us will be dealt with in the strictest confidence.

  7. Do I have a valid injury claim?

    Usually, if your injury was due to the fault of someone or something else and could have been avoided, then you have good grounds for bringing a claim. In order to determine whether you have a genuine claim, we will examine the facts surrounding the accident/injury. If the facts of your case support a legal claim we will undertake to represent you. We only advise our clients to continue with a claim if we believe it is worth pursuing.

  8. What is my claim worth?

    The purpose of awarding compensation for injury is to put the injured person back into the same position they would have been in if the accident had not occurred. Whilst this is almost impossible in practical terms, the injury lawyer must do her or his best to ensure that the accident victim receives appropriate compensation for their injuries.

    The value of an injury claim can be anywhere from a few thousand pounds to many millions and will depend on a variety of factors, such as the severity of the injured person's injury, age and employment.

  9. How long will my claim take?

    In general, the more serious the injury and the more complicated the facts, the longer the case takes. Cases with serious injuries usually take a number of years. Click here if you wish to learn more about the claims process.

  10. Will I have to go to court?

    This is unlikely as the majority of injury claims today are settled out of court.

  11. What is a lawyer and what will they do for me?

    The term "lawyer" is a general term for someone who practises law e.g. a solicitor. A good lawyer will help their client by offering practical legal advice and solutions to a problem.

    The law is a vast subject and highly complex in areas, which is why there are many different types of lawyer specialising in many different fields of law (e.g. commercial, criminal, property and, of course, medical negligence).

    A specialist lawyer should have proven experience of handling legal problems within their field and possess up to date legal knowledge in order to provide the client with expert advice and solutions tailored to their individual needs.

    All the lawyers at MyInjuryLawyer are specialists in medical negligence and personal injury law.

  12. I need money and help now – what can you do?

    We recognise the importance of early rehabilitation and, where appropriate, we will strive to obtain interim payments to:

    • aid your rehabilitation
    • purchase any suitable accommodation, aids and equipment
    • purchase tailor made care packages and/or pay for any surgery required.

    We also have close ties with a wide variety of organisations which can provide injury victims with instant support.

  13. Am I out of time to bring a claim?

    You must bring a claim for medical negligence within three years (called the 'limitation period'). The limitation period starts either from:

    • when you had your treatment; or
    • when you first realised that you had suffered an injury (called your 'date of knowledge').

    It is always safer to assume that the three year time limit runs from the date of the treatment that caused your injury unless you are advised otherwise. 

    In the case of children, the three-year limit does not start until their 18th birthday. This means that a child who was injured when they were born would have until they were 21 to take legal action. But they don't have to wait until then. Before they are 18, a parent or other person close to them can make a claim on their behalf (called acting as their 'litigation friend').

    Also, if the case involves a person who cannot manage their own affairs because of a mental disability, the three-year limit doesn't apply until (and unless) they get over their disability.

    The courts can, in extreme circumstances, allow your claim after the three-year limit. You can't rely on this happening, but if there was a good reason that you weren't able to bring your claim within three years, you should still talk to us about the possibility of starting a claim.

  14. Do I have to use the lawyer that my Insurer nominates for me?

    No, you are free to choose any solicitor that you wish to act for you. This is especially important with medical negligence claims as the solicitor should be a medical negligence specialist.

    Indeed, many insurance companies are now prepared to allow you to choose your own solicitor in any event. Only a specialist injury lawyer is qualified to act in your best interests and win you maximum compensation.