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        Frequently Asked Questions

        • Who can I claim against?
        • Am I entitled to make a claim?

          If you have received unexpected complications from your medical care, or substandard after-care, without having been forewarned of the potential risks associated with your treatment, then there will almost always be legal grounds for your case. Do not hesitate to call us to discuss what we can do for you.

          When assessing whether you have a claim, it is important to consider these factors:

          • You must make your claim within 3 years from the date of the medical negligence, or from the date you became aware that you had suffered damage or injury from medical negligence. Our solicitors will advise you further on this point.
          • It is necessary to prove that the person who treated you owed you a "duty of care" (a legal obligation for the individual that carries out the treatment, requiring that he/she must maintain a standard of reasonable care whilst performing acts that are potentially harmful). If the treatment fell below the standard and the negligent treatment caused you harm, a claim in negligence may be able to be made against the hospital or individual.
          • The person being claimed against must be able to pay a sum of compensation for the damages incurred. This is usually done through a liability insurance policy.
          • The injury must be worthy of a compensation of £1,000 or more.

          Call our friendly legal advisors on Freephone 0800 808 9755 to see if you have a claim.

        • How long do I have to make the claim?

          The main rule is that court proceedings should be brought within 6 years from the date of negligence. Normally there is sufficient time to investigate and bring the claim but this can be a complex area and it is advisable to seek advice as soon as you realise that there is a problem.

          Call us today on 0800 019 3460, and we can make an accurate calculation of how much your claim is worth, based on your individual circumstances.

        • How much compensation will I be entitled to?

          You will be awarded a sum of compensation that depends upon a number of factors. The court will take into account the severity of your injury, the extent to which it has affected your life, and the amount of money that you might have lost as a result.

          Call us today on 0800 019 3460, and we can make an accurate calculation of how much your claim is worth, based on your individual circumstances.

        • I am worried about my legal costs, especially if I lose my case?

          Clients of The Specter Partnership need not worry about their legal costs.

          The Specter Partnership has a unique costs guarantee. We work on an exclusively "No Win, No Fee" basis (also known as a "Conditional Fee Agreement"). This means: if your claim is unsuccessful, we will not be required to pay a fee, and the costs incurred the other party will be settled under an insurance policy, which we will arrange for you.

          If your claim is successful, you will receive 100% of your compensation. Our costs will be covered by the other party, and you will not be liable for any of our costs.

          The Specter Partnership is different from other law practices: there will be no hidden costs. Unlike the vast majority of law practices, we will not charge you for the cost of attaining independent medical reports from an expert, or for your medical records - both of which are absolutely necessary for settling your case, but would ordinarily cost you up to £6,000.

        • What if I am struggling to cover my medical costs?

          Clients of The Specter Partnership need not worry about their legal costs.

          The Specter Partnership has a unique costs guarantee. We work on an exclusively "No Win, No Fee" basis (also known as a "Conditional Fee Agreement"). This means: if your claim is unsuccessful, we will not be required to pay a fee, and the costs incurred the other party will be settled under an insurance policy, which we will arrange for you.

          If your claim is successful, you will receive 100% of your compensation. Our costs will be covered by the other party, and you will not be liable for any of our costs.

          The Specter Partnership is different from other law practices: there will be no hidden costs. Unlike the vast majority of law practices, we will not charge you for the cost of attaining independent medical reports from an expert, or for your medical records - both of which are absolutely necessary for settling your case, but would ordinarily cost you up to £6,000.

        • How much input will I have?

          This will be tailored to your needs but you will be fully involved in all material parts of the case. Our lawyers are friendly and approachable and you will be a key part of the team.

          Call us today on 0800 808 9755, and we can make an accurate calculation of how much your claim is worth, based on your individual circumstances.

        • Can claims be successful against the NHS, or private medical practices?

          Yes they can. The defendant doctor or healthcare professional in independent or private practice will hold medical indemnity insurance to cover negligent treatment or errors made in practice. Whilst the NHS is a world-renowned institution for medical care, they do accept that their doctors and nurses do make mistakes, and they are willing to accept responsibility for dealing with the legal costs and damages that may become payable to our clients. Both the NHS and private medical practices are able to learn a lot from your medical negligence claims, enabling them to improve the quality of their medical treatments and care, and to prevent such instances from reoccurring.

        • What if I am unable to travel to meet with my legal advisors?

          This need not be a concern. With nationwide offices in London, Wirral and Warrington, we can offer legal help near you. Our legal advisors are perfectly willing to come to you at home, in hospital or at your place of work, whenever and wherever might be convenient.

        • How much of my time will my claim take?

          We will keep you fully informed at every stage of your case, but otherwise you can leave the time-consuming process of settling your case to us.

          As with most people who have suffered from negligence at the hands of trusted medical staff, it is easy to feel discouraged and even to procrastinate making your claim. However, we at The Specter Partnership urge you to pick up the phone as soon as you can. It is beneficial for you to contact us as soon as possible, whilst you are still able to remember the details of the period of negligence. It is also useful in allowing us to secure witness accounts and attain the relevant medical records, so that we can progress with your case as swiftly and successfully as possible.

        • Can I bring court proceedings straight away?

          Court proceedings will only be issued immediately if the time for bringing them is about to expire. The usual first steps are to comply with the professional negligence pre-action protocol which requires the parties to the dispute to exchange material information and documents and explore settlement before the matter is brought before the court.

        • What if I am unwilling to go to court?

          We recognise that our clients might prefer to avoid the complication associated with going to court, especially having already suffered the distress of negligent medical care. So it comes as a pleasant surprise to most of our clients that the vast majority of cases (97%) are settled before going to trial.

        • What is a Vulnerable Road User?

          A person who, because of their particular characteristics, is more vulnerable on the road than those afforded the protection of bumpers, airbags, or seatbelts. In addition, it is those who use forms of transports that make them more vulnerable to injury in a collision. This includes pedestrians, the elderly, infants, horse riders, cyclists and motorcyclists.

          The Government have to some degree recognised the special status of the groups mentioned here by excluding them from the categories of injured parties who have had their level of damages curtailed by the Civil Liability Act but nevertheless their ability to recover legal costs for injuries worth less than £5000 have now been taken away.

        • Why are they vulnerable?

          In the latest Government figures available (2015) there were 5,376 pedestrians killed in pedestrian and motor vehicle collisions, which is the highest number since 1996. In addition, many thousands of pedestrians on the roads of the UK each year are seriously injured.

          The risk is high for other types of Vulnerable Road User too. Cyclists are 15 times more likely to be injured than a car driver is. Motorcyclists are 18 times likely to be injured than a car driver. Horse riders are very vulnerable to their horse spooking if cars drive too close to them or at too high a speed.

          Legal cases that involve pedestrians are not always clear cut, but the courts acknowledge that when a driver gets behind the wheel of a car it can be a lethal weapon if used in the wrong way. If hit at speed a pedestrian will often be killed, whereas the driver, with the protection of a motor vehicle, will often be uninjured.

          In addition, research has shown that pedestrians are often ill equipped to judge the speed of vehicle, whereas drivers have access to a speedometer.

          It is these two factors that make pedestrians particularly vulnerable, as well as the fact that pedestrians can often be infants or elderly in built up areas, where extra vigilance from motorists is required.

        • Why choose Specters?

          We have a specialist department to handle claims for those who fall into the category of Vulnerable Road Users and we have more than 25 years of experience in dealing with these types of claims.

          We have access to medical experts, reconstruction experts, motor engineers and specialist investigators who can assist in the gathering of the necessary evidence to prove your case and ensure you obtain maximum compensation.

        • What will I have to pay?

          At Specters we recognise that many individuals do not have the means to pursue claims against large corporations or insurers. To help address this, we will provide you with a No Win No Fee arrangement, which will mean that if we do not succeed in your claim you will have to pay us anything and we will explain to you from the very start how our charges will be met and any contribution you will have to make if your case is won.

        • Who will deal with my claim?

          We will allocate an experienced solicitor to deal with your claim; you can choose a male or female solicitor if this will help you feel more comfortable. The solicitor will be experienced in personal injury law and will see you in the office, at home or in hospital if you are incapacitated.

        No win, no fee

        Most of our Personal Injury & Medical Negligence claims are funded by a 'No Win, No Fee' or Conditional Fee Agreement. This means there is no financial risk to you.

        Meet our experts

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