Taking legal action is rarely the optimal solution. A trip to the solicitors, and potentially a day in court, is something that few of us relish. But in some cases, the only way to obtain a fair remedy for a wrong is through litigation.
When it comes to negligence, the issue can be highly emotive. If you, or a loved one, has suffered as a result of a breach of duty of care, then you might be understandably keen to set things right. Nevertheless, it’s worth exercising a little bit of caution, and thinking about a few key considerations before you issue your instructions.
Do you have evidence?
Your case is likely going to rely on documentation of medical treatment prescribed, or not prescribed. Fortunately, the medical profession is awash with paperwork today, and so the chances are that the evidence is out there. A competent solicitor will advise you about which documents you need, once they’ve heard the specifics of your case.
How will you pay?
Lawyers, judges, and administrative staff don’t work for free. Fortunately, the overwhelming majority of solicitors in these cases will proceed on a no-win, no-fee basis. This means that they’ll assess the merits of your case, and decide whether they want to incur the risk of failure. As well as protecting you from a sizeable legal bill, this will mean that you have peace of mind – if your lawyer thinks that you have grounds to seek a remedy, then the chances are good that you do.
Are you Prepared for the long-haul?
Medical negligence cases are rarely settled overnight. The case might take months and years to fully unravel, and you’ll need to be psychologically prepared to put it out of mind, and to get on with life in the meantime. The reward is often worthwhile, but you should know at the outset that you’re in for a marathon, not a sprint.
A claim must be commenced within three years of when the incident happened. If the victim is under eighteen, then this countdown starts from their eighteenth birthday. A similar protection is in place for those who have a mental disability which prevents them from dealing with their own affairs.
Seeking advice sooner rather than later will give you the best possible chance of taking action within the time limit. No-win, no-fee solicitors will hear your case, and advise you on the next steps.