Frequently Asked Questions About Medical Personal Injury Claim

By: evelyn | Date: 2020-07-20

Accidents are a part of life. Despite taking proper care, you may still get into an accident and ruin your day. Whether you get into an accident, conceived injuries or got sick, the first everyone recommends is to go to a medical specialist. Indeed it is the best thing to do that saves you from a lot of troubles. But there are cases where going to a medical specialist worsens the situation. Either by deliberately showing negligence or by accident, your doctor may make a mistake that makes your situation worse. It is a case of medical negligence.

If this is the case, there is one thing you should keep in mind, you can get a medical personal injury claim. It is the amount of money you are given as compensation for the medical maltreatment from your doctor. But only keeping this in mind is not going to reap the benefits if you do not know how to get your claim money. There are a lot of things people are confused at when it comes to a medical negligence claim. So let us discuss all the things you need to know when it comes to making a medical personal injury claim.

What Is Medical Negligence?

Medical negligence happens when a medical specialist fails to provide care according to health standards and that results in an injury. If your doctor or medical specialist could not provide you with the standard care and that injured or harmed you, you are a victim of medical or clinical negligence. Because of the substandard care, you may get another injury due to the fault of your doctor. The example of medical negligence includes injuries during birth, surgical errors and negligence in LASER treatment etc.

Eligibility For Medical Personal Injury Claim

The second thing you need to have in your mind is your eligibility for the claim. There are certain standards of care that medical professionals are required to take care of when treating a patient. Due to the negligence, some specialists cannot take care of the patient properly, that results in an injury. As the fault is not yours, you are more than deserving to get your medical personal injury claim. To get your claim money, you have to prove that your injury is the result of negligence from a medical professional. If you can do so, you can get your claim money.

Average Time For To Settle The Claim

Personal injury claims are not something you can get immediate results of. The time it takes to settle the claim totally depends on the nature of your case. No two claims are of the same nature, so there is no fixed number of days, weeks or months it would take to settle your case.

If your case is not complicated and the other party accepts its fault, you can get compensation within one year. But if the case is complicated, you do not have enough proof or the other party does not accept the fault, it can take longer. The average time period during which a medical personal injury claim settles is 12 to 36 months.

There Is A Time Limit

Nah, you do not have an unlimited amount of time to make your claim after the incident of negligence. From the “date of knowledge”, you have 3 years to get your medical negligence claim. The date of knowledge refers to the date you came to about the clinical negligence and your injury. Often patients come to know of their injury soon after the treatment. If the patient is of unsound mind or under 18, there are exceptions of 3 years time-limit in personal injury claims. In such cases, you can claim even after the deadline is passed.

How Compensation Is Calculated?

It is important to know how the compensation for clinical negligence claims is calculated. Because if you know the factors that your compensation depends on, you can maximise your amount of compensation. Some of the factors that the calculation of a medical personal injury claim depends on include the following:

  • The nature of the injury
  • Impact of injury on your daily life
  • Time of recovery
  • Loss of Earnings
  • Loss of benefits (promotion, bonus and other benefits)
  • Loss of projected earnings
  • Travel expenses you bore in the treatment

The amount of compensation is not limited to the above-mentioned factors. But they play a key role in the estimation of your amount of compensation.

It Does Not Only Have To Be An NHS

A lot of people have a misconception about clinical negligence claims they can only claim compensation against an NHS doctor. But that is not true at all. All health practitioners are bound to follow the proper standard of care when giving treatment to their doctors. If their negligence harms a person or gives injury, they are held accountable for. In such cases, you can file a medical personal injury claim to get compensation for the maltreatment you have received.

How Will I Afford Injury Claim Specialists?

When it comes to making a medical personal injury claim, it is always a good idea to hire injury claims specialists. They are the experts in claim management and claim money on behalf of their clients. Hiring injury claims specialists help you get your claim money and save you from handling all the formalities. Plus, using their excellent negotiation skills, they can maximise your amount of compensation.

But a lot of people are confused about the affordability of these experts. There are a number of victims who do not hire injury claim specialists thinking that they cannot afford them. However, a lot of claims management companies are providing their services on a “No Win No Fee” compensation principle. It means that you do not have to pay the fee of injury claim specialists until you win your case. After you win the case and get your medical personal injury claim, they charge their fee from this amount of compensation. So you do not have to bear any expenses for hiring a claims management company.

Frequently Asked Questions About Medical Personal Injury Claim
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