What's The Claims Process?
To make a compensation claim for an injury or illness caused by a defective medical product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.
If you do decide to make a claim with us, we'll usually follow the same three stages:
Investigation . We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
Compensation . We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.Conclusion . If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.
Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle. If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.
If you have any questions about the claims process, please contact us today on 0800 121 6567 .
Can I Make A No Win No Fee* Claim?
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case, we’ll discuss funding options with you, advising you which we think is the most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.
If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.
Please visit our No Win No Fee page for more information on how it works.
What Is A Group Claim, And What Are The Benefits?
When an entire line of medical products is defective, many people may suffer injuries as a result. In these situations, it is possible to make a group claim to ensure you and your fellow victims are fully and fairly compensated for your trauma.
In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.
We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.
The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.
If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.
How Much Can I Claim?
How much compensation you receive for an injury caused by a defective medical product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.
The amount of compensation you could claim will depend on many factors, including:
Current and future loss of earnings from being unable to return to work
Medical and travel expenses you've had to pay
Your care and support needs – both now and in the future
Whether you need modifications to your home
Whether you need mobility aids or specialist equipment
Your pain and suffering, and the nature of any ongoing problems you have
For more information, call us on 0800 121 6567 and we'll be happy to discuss your options in a free initial consultation.
Meet Our Team
