How to claim

Our medical negligence claims process

Making a medical negligence claim can feel overwhelming, particularly after what you have been through. We’re always transparent about the process behind your claim, so you know exactly what to expect every step of the way.

Our clients don’t pay a penny unless we win their case.

No win. No fee.
No hidden costs
100% risk-free

Start your claim

Step 01

A free initial consultation

If you believe you have a valid medical negligence claim, the first step is to contact our firm so we can assess what happened to you.

It costs absolutely nothing to reach out to us, and you can contact us in several ways:

Give us a call
Request a callback or video meeting
Complete our online “Start your claim” form

If after this discussion we feel we can help pursue your claim, we’ll make an appointment for you to meet with our fully qualified nursing advisors. This typically takes place at our office, but if you are disabled, have childcare responsibilities or are otherwise unable to travel, we are happy to call on you at home.

At this meeting, our nursing advisor will discuss your situation in greater detail, and establish the most appropriate way to fund your claim. After this, you will be introduced to the specialist lawyer who will handle your case from start to finish, who will then explain your next steps.

Free consultation: Legal process to validate a negligence claim

Step 02

Funding your claim

Litigation is an expensive business, and we understand if you may be worried about the legal costs of making a claim.

At Gadsby Wicks, we promise to find a way for you to pursue your claim without having to pay any money to anybody. In your initial consultation with our nursing advisor, we will consider three risk-free methods to fund your claim…

Conditional fee agreement: Also known as a “No Win, No Fee” agreement, we take on the risk of your legal costs. You pay absolutely nothing if we don’t win your case, and if you win we take our fee from the compensation you’re awarded.
Legal Aid Scheme: This is where the State covers your risk of incurring legal costs. However, this is primarily limited to certain types of birth injury claims.
Legal Expenses Insurance: Your legal expenses may be covered by an existing insurance policy that you have taken out – we’ll help you find out if this applies to you.

For more information about we help Claimants pursue their right to justice regardless of their financial circumstances, explore our legal funding options.

Funding your claim and no win no fee: Legal process for a negligence claim

Step 03

Investigating evidence

Once your funding is arranged, your assigned solicitor will ask you for information about your treatment, what you feel went wrong and the injuries you suffered. It is helpful to bring any information and evidence you have about your treatment to this meeting.

From here, your representative will work with you and other bodies to gather all evidence to support your claim.

Medical records

We will gather your medical records from relevant healthcare organisations, and may also use the Freedom of Information Act 2000 to obtain other details for our investigations, such as hospital protocols.

Witness statements

We will obtain detailed written statements from you and other witnesses outlining the history of your treatment. This will include your reasons for seeking medical treatment, and what you discussed with your healthcare providers.

Media

We will gather any photographs, videos and other media that can help prove your claim.

Financial evidence

We will obtain any details that illustrate the financial impact of the injuries you suffered, which will be vital in determining the value of compensation.

As highly experienced medical negligence solicitors, we know exactly what evidence we need to prove a breach of duty of care and causation. Your solicitor will communicate this clearly with you to ensure our investigations are as efficient and stress-free as possible.

Evidence investigation: Legal process for a negligence claim

Step 04

Instructing independent medical experts

Upon receiving all evidence, we will send these to independent, suitably qualified and experienced medical experts in appropriate fields. They will review this and advise on whether a healthcare professional breached their duty of care to you, and if this caused your injuries.

Choosing the right expert(s) is crucial. In our 30+ years in medical negligence law, we have built an extensive database of medical experts who we have worked with on many cases. They are sympathetic to our Claimants’ circumstances and have a strong grasp of the legal process.

Because these experts are practising medical professionals and are often in great demand, it can take time to obtain a report. We will always aim to use the most appropriate expert for your case and tell you exactly when they promise to deliver the report.

Medical experts to review your case: Legal process for a negligence claim

Step 05

Valuing your claim

Compensation is the most tangible outcome of a medical negligence claim. It must be valued accurately to ensure you and/or your loved ones receive the financial support you need to secure your future.

We obtain a report from an appropriate medical expert detailing your medical history, present condition and prognosis. This shows the Court and the Defendants how the negligent acts you endured have affected you and your future, so all parties know the likely value of your claim.

You may also need to be seen by other non-medical experts to gain reports on other areas affecting the compensation you can receive, such as nursing or care needs, housing adaptations and equipment requirements.

We leave no stone unturned to ensure we accurately estimate both compensation for pain, suffering and disability (general damages) and compensation for existing and anticipated financial loss (special damages).

Valuing your claim for compensation: Legal process for a negligence claim

Step 06

Presenting your case

Once we have finished our investigations, we present your case to the Defendants. We send a Letter of Claim setting out your allegations. In response, they can either admit liability and offer to pay compensation, or they can dispute liability and/or the compensation amount.

If liability is admitted, we will enter negotiations with the Defendants to reach a fair, reasonable amount of compensation for your claim. If a settlement is not possible here, we will take you through every step of issuing court proceedings ahead of going to Trial.

Presenting your case: Legal process for a negligence claim

Step 07

Negotiating a settlement

It’s always sensible to negotiate a settlement outside court rather than pursue to Trial. You receive compensation faster, and it removes the stress and uncertainty involved in going to court.

We make every effort to settle your claim, but only to achieve a fair result that reflects the pain you have endured and your future requirements. We will advise you about every offer that is made and how to respond, and before any offer is accepted or refused, we will always discuss it with you. We only act on your instructions.

Furthermore, we will also advise you when to make offers to the Defendant to settle your claim and how to approach this.

Negotiating a settlement: Legal process for a negligence claim

Step 08

Preparing for Trial

If your claim is not settled it will proceed to Trial before a Judge. Although 96% of our cases settle outside the courtroom, we always prepare claims in anticipation of going to Trial to ensure you know what to expect.

As an adversarial process, the burden is on the Claimant to prove the Defendant was negligent. Before Trial, we will arrange for you to meet the barrister representing you, and advise you on how to handle yourself when giving evidence.

We know how nerve-wracking an experience this can be, so we take every step to prepare you ahead of time.

If you win your claim, you will be awarded compensation determined by the Judge’s ruling. This will be paid by the Defendants, either as a lump sum and/or periodical payments.

Litigation and preparing for trial: Legal process for a negligence claim

We believe everyone has the right to justice, regardless of their financial circumstances. That is why we offer risk-free funding for all types of claims.

See how we can finance your case and secure your future.

Our funding options

96 percent of our cases settle without going to court

96% of our cases settle without going to court

Our approach and investigations are so thorough that the majority of clients don’t need to resort to the courtroom. Our solicitors work with specialist medical professionals to understand the nuances of what happened and get to the bottom of why it happened to you.

We guarantee to achieve the best possible outcome and while we aim to win compensation for you, we also ensure you receive the answers to your questions. You will have one solicitor assigned to your case who will work with you from beginning to end, guiding you, and keeping you informed every step of the way. We believe in getting you justice and building close client relationships along the way.

Client reviews for Gadsby Wicks specialist medical solicitors

Don’t take it from us – see what our clients say…

View all case studies

I honestly couldn’t say they needed to improve on anything, my solicitor to my personal case Elliot Clarke was outstanding, he really cared and that matters in cases like this, including Gillian, even down to the security’s the whole way through my case they was all so lovely and so helpful and helped me get what I deserved, I couldn’t of asked for better people to support me in such a hard time.

Jade McEwen

I am fully satisfied with the service I was given by Gadsby Wicks.

Amanda Cutlan Smyth

It has been a stressful period in my life and you have steered me through it with empathy and compassion allowing me the time and space to be emotional/cross and frustrated. Thank you all.

Sharon Dowman

First class from start to finish, fully informed throughout. Very good expert witnesses and solicitor. Really pleased with the outcome and would highly recommend Gadsby Wicks to anyone

Anonymous

My late wife and I were very daunted by the prospect of having to pursue a medical negligence claim. From the initial discussions to its successful conclusion, I have found all the staff involved with her claim have shown nothing but a willingness to provide compassionate help, guidance and assurance that this was the correct thing to do. I do not regret appointing GadsbyWicks and would thoroughly recommend contacting the firm to those in similarly unfortunate circumstances.

Anonymous

4.85 Average 104 Reviews

Lexcel accredited medical negligence claims solicitors

We are proud to be a Lexcel-accredited practice. The accreditation is a mark of quality and comes directly from the Law Society.

A recent assessment described us as a “Centre of Excellence” and we continue to operate to the highest standards across all main areas of our field. These include client care, case management, financial management, structure and strategy, people management, risk management, information management and file management.

Industry Recognised

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