We have a long history of dealing with Personal Injury and Medical Negligence claims. Our specialist lawyers in this department have a combined experience of more than 30 years in dealing with personal injury claims.
Our lawyers have excellent investigative skills and are extremely resourceful in locating witnesses and documentation required to establish and pursue claims. We have also conducted several investigations in foreign countries as part of the assessment of foreign nationals’ claims.
This information will help you to determine whether you have a potential claim for damages arising from personal injury or from medical negligence.
What is a personal injury claim?
A personal injury claim is a claim for damages, which a person has suffered as a result of injuries sustained in an accident or as a result of the death of his or her breadwinner in an accident. As a rule the accident must have been caused by the negligence of another person.
The most common personal injury claim is for damages suffered by a person, as a result of being injured in a motor vehicle accident or where a person’s breadwinner is killed in a motor vehicle accident. Other examples of accidents, which may lead to a personal injury claim, are being bitten or injured by a dog and slipping and falling in a shopping centre, on business premises or in a public area.
What is medical negligence
aw requires a medical professional to exercise reasonable skill and care when treating a patient. The failure to observe this standard will result in the professional being liable to their patient for damages.
The following circumstances could potentially give rise to a claim for medical negligence:
- Failure to employ a recently developed, but widely acknowledged method of treatment, with resultant prejudice to the patient.
- Knowingly performing surgery or embarking on treatment without the necessary knowledge or experience.
- Incorrect diagnosis or misdiagnosis of a condition.
- A delay in diagnosis or treatment leading to prejudice to the patient.
- Failing to provide sufficient warning of the risks associated with a medical procedure or treatment.
- Failing to inform the patient of alternative treatments or procedures.
What do you need to institute a claim?
The process of bringing a successful claim for damages due to a personal injury or medical negligence, will typically take the following route:
- You will contact us in order to arrange an initial consultation at no cost.
- We will assess the relevant circumstances relating to your potential claim and advise you as to whether you have a reasonable prospect of success with a claim.
- In certain circumstances we may refer you for assessment by medical experts to determine grounds for negligence and liability.
- We will obtain a mandate from you to proceed with litigation against the negligent party and issue summons against the negligent party.
- The negligent party may defend the legal action and a trial date will be allocated for a Court to adjudicate upon the matter.
- You may be referred for further medical assessments by a number of medical experts in order to prove the amount of damages you are entitled to.
- The process may be cut short at any stage, in the event that the negligent party chooses to make a settlement offer which is acceptable to you.
What will it cost you?
We carry the risk of proceeding with litigation. In the event that your claim is not successful we will not charge you any fees or disbursements. Should your claim be successful we will charge you according to an hourly rate, agreed upon with you, prior to commencing with the legal action. We will incur expenses (such as payment for expert reports) on your behalf and recover the cost thereof, together with interest, after successful finalisation of the matter. You will be able to recover some of your legal costs from the negligent party by way of party and party costs, which are awarded by the Court to a successful litigant.