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Personal Injury

Award Winning Personal Injury Lawyers London

“Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.”

Chambers UK

Personal Injury

Why Work With Osbornes Personal Injury Solicitors?

If you have been injured in an accident then it is likely that you need help getting your life back on track so that you can focus on the parts of life that really matter. That means help from personal injury solicitors that you can trust; those who understands your particular needs and have the skills to deliver the best result for you and your family.

No matter how catastrophic your personal injury has been, it is something that we can certainly help you with. Our job is to win your case and maximise your personal injury compensation claim. How we go about doing this will be tailored to you, because equally important is securing the right treatment, rehabilitation and expert evidence to aid your recovery, and keeping you at the centre of the process without it dominating your life.

Our award-winning personal injury lawyers specialise in catastrophic injury cases but can help with the full range of personal injury claims: from relatively minor soft tissue injuries, to life-changing injuries such as paraplegia, brain injury, limb amputation or accidents resulting in death.

Although the nature of these cases are sometimes devistating and life-changning, we aim to make the process of getting appropriate compensation for your personal injury claim as easy and as stress-free as possible. We have a qualified team of experienced personal injury solicitors looking out for your best interests in every case.

 

Do I have a claim?

Making medical negligence claims: If you or the person who suffered substandard medical treatment underwent such treatment in an NHS Trust Hospital, it will be the NHS Trust who owe you a duty of care.

If the treatment you are complaining about was carried out on a private basis, you may have a claim against your private consultant or the private hospital.

As a general rule, you can only claim compensation if we can show that someone else was at fault and that this caused your accident and injuries.

Virtually all personal injury compensation claims are settled out of Court. However, the person against whom you are claiming is still referred to as the Defendant and we will always need to consider what a Judge would decide if your case did go to Court.

The first task is to obtain funding to enable a claim to be investigated. We offer Conditional Fee Agreement (No Win No Fee Agreement) and we can offer delegated After the Event (ATE) insurance with deferred premium (payable at the end of the case) to protect you against any adverse costs.

Medical Records

Once funding is in place, we will apply for all relevant medical records. As soon as the medical records are received they will be read, reviewed, collated, indexed and paginated. Stephanie Prior, a former nurse, is able to consider and review medical records with ease.

Medical Reports

An appropriate medical expert will then be instructed to review the medical records and advise on the standard of care that you or another received whilst under the care of the potential Defendant (s).

If the report confirms that there was substandard care, the medical expert will also be instructed to comment on causation, i.e. whether the substandard care caused the eventual outcome. Often several reports are required on issues relating to breach of duty and causation depending on the complexity of your case.

Letter of Claim

Once all of the expert evidence has been finalized, a Letter of Claim will then be drafted to the potential Defendant. The Letter of Claim will set out the facts of your case, the reasons why we allege negligence and the causal affects of that negligence. The Letter of Claim will also set out as much information as possible in relation to the potential value of the claim.

Letter of Response

The Defendant(s) will have 4 months in which to serve a Letter of Response.

The Defendant(s) may admit liability. If so, further medical evidence may be required before the case can be valued.

The Defendant(s) may deny liability. The Letter of Claim will be sent to our medical expert for consideration and a meeting with a barrister will be organized to discuss the next steps of your case.

How we can help

We can provide you with advice on medical claims and we offer a free consultation to evaluate the circumstances of your case and to help you understand whether or not you have a compensation claim once you have exhausted the NHS Complaints procedure.

We can also provide you with information in respect of care and case support services, details of support groups, welfare advice services and other financial services.

 

How do I fund my claims?

Child abuse Claims may be funded by:-

  • Conditional Fee Agreements (No Win No Fee agreements)
  • Before the Event Insurance (BTE)

We offer Conditional Fee Agreement (No Win No Fee Agreement) and we can offer delegated After the Event (ATE) insurance with deferred premium (payable at the end of the case) to protect you against any adverse costs.

We use the Law Society’s approved Conditional Fee Agreement

Our guarantee

We guarantee that you will not have to pay anything if we are unsuccessful in obtaining compensation for you. If this happens, we are paid nothing.

If your claim is successful, you may have to pay legal fees and expenses out of your compensation, but we guarantee that this will not exceed 25% of the compensation awarded to you and this includes the ATE insurance premium and IPT.

These guarantees only apply if you pursue your claim with us for as long as it has reasonable prospects of success, follow our professional advice and do not deliberately mislead us.

The deduction from damages

There are two elements to the deduction from damages:-

  1. A “success fee” to cover us for the risk of losing your case and being paid nothing.
  2. A premium for insurance to cover you against the risk of having to pay the other side’s legal fees or your expert fees and expenses.

We guarantee that the deductions will not exceed a maximum of one-quarter of your compensation.

The success fee is a percentage uplift on our normal fees to cover us for the cases we lose. It is not a percentage of your compensation.

The amount of the success fee depends how risky your case is. The riskier, the high the percentage uplift on our normal fees.

ATE Insurance cover

The insurance policy is to cover you against two risks:-

1. We will fund the experts’ fees and other expenses. If your claim is successful, then the other side will pay these expenses. If it is unsuccessful, the insurance company pays these fees for you.

2. If you reject a formal offer of settlement and then a Judge awards you the same amount or less, the normal rule is that you have to pay the other side’s costs from the date when you should have accepted the offer. However, if we advised you to reject the offer and you took our advice, then the insurance will pay the other side’s costs for you.

Remember that we guarantee that the success fee and the insurance premium combined will not exceed 25% of the compensation awarded to you.

If you have BTE insurance cover that provides cover for you for clinical/medical claims at the time of your injury, we can write to your insurers to request cover under such policy to investigate your potential claim.

How we can help

We can provide you with advice on child abuse claims and we offer a free consultation to evaluate the circumstances of your case and explain the Conditional Fee Agreement and other possible funding methods to you.

We can also provide you with information in respect of care and case support services, details of support groups, welfare advice services and other financial services.

 

What happens next?

Our commitment to you:

We will:

Offer you a face-to-face appointment before taking the case on.

The face-to- face appointment can take place at your home, in hospital or at our offices, whatever is best for you.

Assess your case at Partner level to make sure you are getting the best advice before we start your claim.

Advise you at the outset about the prospects of success, the value of the claim and timescale, and confirm that in writing.

Keep you informed of progress and consult you about all decisions relating to your case.

If we take your case on, run your claim under a No Win No Fee agreement.

Ensure that your case worker is available by means of a direct dial telephone number and a personal email address to discuss the case with you.

Nominate a supervisor for your case worker and tell you who that person is. We will then be able to advise you on whether or not you can make a claim for compensation.

 

What you should do next?

To speak with us on a confidential basis about your claim, please telephone Stephanie on 020 7681 8671 or Sam Collard on 020 7482 8428.

Alternatively, you can fill in our online enquiry form (http://www.osborneslaw.com/contact-us/) and we will call you back. It is helpful to the claims process if you can provide us with as much information as possible, including the result of any formal complaints made to the police or other individuals. We will then be able to advise you on whether or not you can make a claim for compensation.

 

How long will my case take?

It is very difficult to exactly say how long a medical negligence claim will take from start to finish. It depends on the nature of your case, the complexity of your case, how long it takes to obtain all the evidence (medical records, witness statements, medical reports etc).

It also depends on the stance the Defendant takes. The NHS Trust’s will usually report to the NHSLA, the governing body of the NHS Trusts.  A lot will depend on the attitude of the NHSLA and or the NHS Trust.

If legal proceedings are needed, they must be issued at Court no later than 3 years after the date of your injury or 3 years from the date that you knew that the treatment/care you received was negligent. This may happen at a later date, i.e. when you are seen by another specialist, who then diagnoses your injury and explains the cause of the injury to you and explains that it was related to previous medical care that you received.

How we can help

We can provide advice on any tertiary advice and assistance that you may require during the life of your claim. If the Defendant admits liability for your injury we can apply for an interim payment of damages on your behalf to assist in speeding up the litigation process.

 

How much compensation will I receive?

You can claim compensation for your injuries and these are called general damages and you can also claim for any financial losses caused by the negligent medical care and these are called special damages

General Damages

The amount of general damages will depend on the severity of your injury, the effect it has had on you and how long it takes you to recover. We will need you to be seen by an independent medical expert so that we can obtain a medical report on your injury and its affects.

We need a medical report on the full effects of your injuries to enable us to calculate the value of your claim. If we have a medical report out assessment of the value of your claim will be more accurate than if we do not

Special Damages

The amount of special damages will depend on the expenses that you have incurred as a consequence of your injury such as travel expenses, prescription charges, the value of care provided to you by relatives/friends, any medical fees, loss of earnings, damaged possessions. It is helpful if you keep receipts of the expenses you incur as it will make it easier for us to prove your losses.

Past and Future losses can be claimed but interest will only be paid on past losses once proceedings have been issued on your behalf. Interest cannot be claimed on future losses.

If you were partly to blame for your injury, your compensation may be reduced to reflect your share of the blame. Although, this can but rarely happens in medical negligence cases.

Sometimes if a claim is disputed, the Defendant will offer reduced compensation as a compromise and to entice early settlement. If this happens, we will advise you on whether the reduced sum should be accepted, or whether your case should proceed to court.

Welfare benefits

The Defendant is under an obligation to repay to the government any social security benefits which you have received as a result of your injury up until the date of the compensation award.

The Defendant can deduct these from your compensation on a “like for like” basis. For example if you have claimed benefits from the state because of you were unable to work because of your injury a claim will be made on your behalf for your loss of earnings and any benefits paid to you by the state will be repaid on your behalf to the government by the Defendant and you will receive compensation for your loss of earnings.

How we can help

We can provide you advice on any tertiary advice and assistance that you may require during the life of your claim. If the Defendant admits liability for your injury we can apply for an interim payment of damages on your behalf.  We can also assist you in obtaining receipts/proof of expenditure from third parties as part of your claim.

 

Get a NO OBLIGATION assessment from Our Personal Injury Lawyers

Each personal injury case is different so we need to speak with you to undertsand exactly what has happened and how we can help you move forward with your legal case for compensation.

Contact us for a free assessment, and we will explain the process to you and answer all your questions.

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Introducing Your Personal Injury Legal Team

Osbornes has an experienced team of specialist personal-injury lawyers to assist with your case / situation

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Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

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