Fatal accident claims solicitors

If you have suffered a serious injury as a result of somebody else’s negligence (breach of their duty of care), we may be able to help you make a claim for compensation.

Depending on the circumstances of your accident and the severity of your injury, we may also be able to help you claim compensation:

• where someone else was responsible for causing the accident but you were also partly to blame;
• where your injuries were caused by an untraced driver in a ‘hit and run’;
• where you were the victim of criminal violence.

You can make a claim on behalf of:

• yourself – for your own injuries;
• an injured child who is under the age of 18 (as their litigation friend);
• an injured adult who does not have mental capacity to claim for themselves (as litigation friend);
• the estate of someone who suffered a fatal injury (as their personal representative/executor);
• for your loss of dependency on someone who suffered fatal injury.

The vast majority of our clients’ serious injury claims are settled without the need for a court hearing (trial). Our clients very rarely need to go to court.

Our personal injury specialists are highly experienced in investigating and assessing the strength of each client’s case. From the outset, and throughout the claim, we advise our clients clearly and honestly about their prospects of success.

Court proceedings are issued (started) in many cases but this does not mean that the case will end in a trial. There are many reasons why court proceedings might be issued:

• to protect our client’s right to claim compensation if their limitation deadline (time limit for making a claim) is approaching;
• to force the defendant (and their insurers) to take the claim seriously;
• to push the defendant to admit liability (fault);
• to push the defendant (and their insurers) to make an interim payment to our client;
• so that we can obtain a court judgment, guaranteeing our client’s right to compensation, if liability has been  admitted;
• to encourage the defendant to enter into settlement negotiations;
• to avoid unnecessary delay by setting a timetable, which is overseen by the court, for the steps that must be taken to bring the case to a conclusion.  

We work hard to prove each client’s claim, based on evidence of the circumstances of their accident and the impact of their injury. We encourage cooperation with the defendant’s insurers and negotiate the best possible settlements for our clients. On the rare occasions when a claim cannot be settled without a court hearing, this will be because:

• there are serious, insurmountable challenges with the evidence, or disagreements between experts in a case, which need to be decided upon by a trial judge;
• the defendant’s insurers are using the case to test the court’s approach to a point of law.

In the following circumstances, the law requires a judge to approve an out-of-court settlement, for the protection of those involved:

• where at least one of the injured claimants is a child under the age of 18;
• where the claimant does not have mental capacity to manage their own affairs;
• where at least one of the claimants in a fatal accident claim is a child or lacks mental capacity.

In these cases, the approval hearing will be a short hearing at which the lawyers for both parties explain the circumstances of the case and the settlement terms to the judge. In most cases our client will be expected to be in court during the hearing, accompanied and fully supported by members of our legal team.

The duration of a serious injury claim depends on the individual circumstances of the client’s case. Claims take less time to conclude if:

• liability is admitted by the defendant or their insurer;
• the injured person’s injuries have stabilised and their prognosis (long-term outcome) is clear;
• the injured person’s needs, the costs of meeting those needs and their other financial losses can easily be assessed;

Claims are more complex and may take longer to resolve where:

• the defendant or their insurer disputes that they were negligent or responsible for causing the client’s injury;
• an injured child’s disability and associated needs are expected to change as they grow and develop over time;
• the injured person has suffered catastrophic injury, such as severe brain injury, or major trauma and needs rehabilitation;
• multiple experts in different disciplines are needed to assess complex injuries and the likely long-term outcome.

Our nationally acclaimed serious injury specialists have helped hundreds of individuals and families whose lives have been devastated by accidents on the roads, at work, abroad or elsewhere. We understand the impact that a sudden, severe injury and its financial consequences can have on an individual and their family.

We work hard to secure cooperation with defendant insurers, to provide immediate needs assessments and timely funded rehabilitation for our clients to maximise their recovery in the all-important period immediately following an injury. Wherever possible we also secure interim payments to ease our clients’ financial hardship long before their claims have concluded.

By taking the time that is needed for the client’s rehabilitation and the careful assessment of their long-term needs, we can be confident that each client receives the full support and the compensation they deserve.

The amount of compensation that an injured person receives in a personal injury claim depends on a number of individual factors:

• the severity of the injury;
• the extent of any permanent disability caused by the injury;
• the impact that the injury has on their ability to live independently, study, work, or participate in leisure activities;
• additional needs arising from their injury, such as care, specialist equipment or an adapted home;
• their life circumstances before the accident;
• their predicted lifespan;
• litigation risk factors, such as contributory negligence.

Depending on the client’s injury and the way it affects their life, their claim may include compensation for:

• pain, suffering and disability;
• rehabilitation:
  • funded directly by the defendant’s insurer;
  • funded from interim payments;
  • future rehabilitation costs funded from final settlement;
• costs of care;
• case management;
• costs of medical or surgical treatment;
• therapies:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy (SALT);
  • psychological counselling;
  • pain management;
• loss of earnings and pension;
• additional costs of adapted accommodation;
• assistive technology (IT);
• prosthetics (after amputation);
• specialist equipment and aids;
• extra costs of transport or adapted vehicles;
• special educational needs (SEN);
• Court of Protection deputyship;
• funeral costs (fatal cases);
• bereavement damages (fatal cases);
• loss of dependency on the deceased’s income or services (fatal cases).

Compensation is carefully structured to make the best provision for the injured person’s needs. There are rules protecting compensation for children or adults who lack mental capacity. Compensation may be paid in one or more of the following ways:

• Rehabilitation Code funding – paid directly by the defendant’s insurer to pay for the injured person’s rehabilitation;
• interim (advance) payment whilst the claim is ongoing;
• a lump sum settlement;
• a periodical payments order (PPO) providing lifelong, annual, tax free, index-linked payments for essential costs, such as care and case management, or Court of Protection fees.

An interim payment is a part-payment of compensation which is paid to the injured person, in advance, whilst the claim is ongoing. We can usually secure an interim payment from the defendant’s insurer where they have admitted liability (accepted fault) for our client’s injury.

We use interim payments to help the injured person and their family, who may be suffering financial hardship as a result of the injury. Where insurers are not willing to provide Rehabilitation Code funding, we sometimes obtain interim payments to ensure that our client receives the rehabilitation, case management and therapies that they need straight away.

Interim payments may be used to meet any genuine need, but it is important that the injured person and their family understand that the sums that they have already received as interim payments are deducted from their final compensation at the end of the claim.

Depending on the client’s injury, an interim payment may help meet their needs for:

• case management;
• rehabilitation;
• personal care and assistance;
• physiotherapy;
• occupational therapy;
• speech and language therapy;
• psychological counselling;
• adapted accommodation;
• wheelchairs;
• transport;
• prostheses (after amputation);
• assistive technology and other specialist equipment;
• trials of supported independent living.

By understanding and targeting provision for our clients’ rehabilitation and other essential needs early in the claims process, we help restore our clients’ mobility, independence and ability to participate fully in family and social life, long before the claim has concluded.

In England and Wales, the law says that compensation for medical negligence should put the injured person back in the position that they would have been in but for the negligently caused injury, in so far as money can. This means that compensation is calculated carefully to reflect the injured individual’s personal circumstances. Whilst the way in which we calculate damages follows certain mandatory principles and practises, the differences in our clients’ injuries, pre-injury lifestyles and post-injury needs means that no two claims will be the same.

The compensation that an injured person receives from a medical negligence claim depends on:

• the type and severity of the injury/disability that was caused by the negligent treatment;
• the cost of meeting the individual’s additional needs which arise from that injury, such as the cost of full-time care, necessary adaptations to housing, therapies, specialist equipment;
• the financial losses that arise from that injury, such as loss of net income from being unable to work;
• the length of time that the injured person will be affected by those costs or losses - for example, loss of earnings may be calculated to retirement age, whereas costs of care may continue to the end of life.

Financial costs and losses will include past losses – from the date of the injury to the date of settlement – and future loss, beginning at date of settlement and projected into the future. Past losses will also include interest.

All annual (recurring) costs, such as loss of earnings or the cost of care, are multiplied by a ‘multiplier’. The ‘multiplier’ is a figure which represents the number of years that the cost or financial loss will be suffered. It has been adjusted by a ‘discount rate’ which is set by the government. The discount rate allows for the fact that the claimant (injured person making the claim) receives their lifetime’s worth of compensation money early and can invest it and earn interest on it. The aim of the discount rate is to adjust the compensation paid for future losses to ensure that the claimant is neither over nor under-compensated.

At Boyes Turner we take great care in the way we investigate and gather evidence of our clients’ needs and losses to ensure that our clients receive the maximum possible compensation for their injury. By ensuring that we understand each client’s individual needs, we are able to claim the highest levels of compensation and negotiate the best possible settlements for them.

Where our client’s life expectation is long or uncertain, it is natural for their family to worry about whether there will be enough money to pay for their care in the long-term future. Where guaranteed provision for lifelong care costs is a priority, we negotiate settlements which combine lump sum payments with guaranteed, index-linked, lifelong, annual payments (known as periodical payment orders or PPOs). The lump sum gives the client flexibility and helps pay for capital costs. The PPO annual payments ensure that the client will always have a regular income which covers the cost of their care. Payments made by PPO are tax-free.

Each settlement is skilfully negotiated and carefully structured to ensure that the compensation settlement is a source of financial security, certainty and peace of mind for our client and their family.

Where negligent medical treatment has resulted in the patient’s death, depending on the individual’s circumstances, their family (as individuals or via the deceased’s estate) may be entitled to compensation for:

• the deceased’s pain and suffering from the date of negligent injury to the date of death;
• any dependent family members’ ‘loss of dependency’ on the deceased’s income or services;
• funeral costs and other costs arising from the deceased’s injury and death;
• a statutory bereavement payment.

If you think that you or a family member have received negligent medical treatment which has caused serious injury or disability, we recommend that you speak to one of our friendly, experienced clinical negligence team as soon as possible. You can contact us by telephone or by email. Your enquiry will be handled confidentially and preliminary advice in relation to pursuing a claim will be given free of charge.

Our solicitors will:

• ask you to tell us, briefly:
  • what has happened;
  • what you think went wrong;
  • about your injuries;
  • how the injury has affected various aspects of your life.
• advise you about the limitation deadlines (time limits) which apply to your claim;
• advise you whether we are able to help you investigate your claim.

If we are able to help you, we will;

• ask for your medical records or authority to apply for them on your behalf;
• discuss funding methods for making your claim and take steps to secure the best method of funding;
• take a detailed statement from you which captures your recollections of the events which led to the injury and are relevant to the claim;
• instruct medical experts to advise on breach of duty (to prove negligence) and causation;
• we may also arrange a meeting with the experts and a barrister (counsel) to which you will be invited to attend.

Once our initial investigations have taken place, we will;

• discuss with you the strengths and weaknesses (the merits) of your claim;
• discuss with you our strategy for pursuing the claim;
• discuss any further evidence that is needed to support your claim;
• notify the defendant (hospital or doctor) of your intention to pursue a claim and invite them to respond, giving them an opportunity to admit liability, before court proceedings are issued.

If liability is admitted, we will enter judgment and apply for an interim payment as soon as possible to meet any urgent needs that you may have as a result of the negligently caused injury.

If liability is disputed, we will discuss with you the further steps that we need to take to progress your claim.

At all times our approachable, experienced clinical negligence lawyers will ensure that you are informed of any developments and understand the process. Your solicitor and our friendly support staff will always be available to discuss any concerns or queries that you might have along the way.

The duration of a medical negligence claim depends on the individual circumstances of the client’s case. The claim is likely to take less time to conclude where:

• liability is admitted by the defendant (NHS hospital or doctor);
• the injured person’s injuries have stabilised and their prognosis (long-term outcome) is clear;
• the injured person’s needs, the costs of meeting those needs and other financial losses are straightforward and easy to assess clearly.

Circumstances which make the claim more complex and therefore take longer to resolve include:

• where the defendant disputes that they were negligent or that the medical treatment given (even where admittedly negligent) caused the client’s injury;
• where the injured person is a child whose disability is expected to change with their growth and development over time;
• where multiple experts in different disciplines are needed to assess complex injuries and the likely long-term outcome.

Our nationally acclaimed clinical negligence solicitors have helped hundreds of individuals and families whose lives have been devastated by medical negligence and we understand the impact that these tragic events and their financial consequences can have. We work hard to secure early admissions of liability and substantial interim payments so that we can begin to alleviate financial hardship and provide essential care, respite, specialist equipment, therapies and home adaptations long before the claim has settled. With liability judgments secured and interim funds in place, the individual and their family are able to focus on rebuilding their lives whilst we concentrate on valuing and negotiating settlement of the claim.

• Legal Aid – for brain injuries at birth

As top-rated specialists in cerebral palsy and other serious neurological disability claims, we have access to Legal Aid funding for eligible clients. Where the child’s case is funded by Legal Aid, the family can be sure that on the successful conclusion of the claim, their child will receive their full compensation without any deduction for legal costs. Where Legal Aid is available for a child with serious brain injury, we believe that it is in the child’s best interests for their claim to be covered by Legal Aid.

This form of funding is only available to those who have suffered a brain injury, such as cerebral palsy, at birth or within the first few weeks of life. The child must have suffered their brain injury in England or Wales, and they must not have substantial funds of their own. The parents’ finances are ignored for the child’s application.

 Legal Aid funding will only be given to a child where their claim is handled by a solicitor who has been approved as a specialist in cerebral palsy and child brain injury claims by the Legal Aid Agency.

•  No win no fee – conditional fee agreement (CFA)

Where Legal Aid is not available, we act for clinical negligence clients on a conditional fee agreement (CFA or ‘no win no fee’) basis.  Just as the name says, no win no fee means that unless our client wins their case there are no legal fees for them to pay. If the case fails, we do not get paid for the time we have spent working on their case. Our client’s liability for disbursements (such as expert and court fees) and any entitlement the defendant might have to legal costs is paid by an after-the-event insurance policy. 

CFAs make it easier for people to afford a legal claim because they do not have to pay any upfront charges. There are no legal bills along the way. They pay nothing if they lose their claim. If they win, nothing is payable until the end of the case.

•  Legal Expense Insurance

If an injured person has legal expense insurance which was in place at the time that they were injured by medical negligence, their legal expense insurance policy might help with funding their claim. If you have legal expense insurance, you should let us know as soon as you are considering making a claim.