Fairbairn Smith & Co Solicitors

From the date of an accident you have three years in which to commence legal proceedings for compensation. However, it is best to consult a Solicitor as soon as possible once you have decided to make a claim.

We can undertake cases on a "conditional fee" basis (sometimes referred to in the press as "no win, no fee"). We will assess the merits of your case and your chances of success. If you have a good case for compensation then a Conditional Fee Agreement will be considered. Should your chances of success not be initially ascertainable, but you still wish to proceed, then we can advise you as to the likely costs involved and there is a possibility that a conditional fee agreement may be reconsidered at a later date.

The amount of compensation you are likely to receive depends very much on the nature and severity of your injuries, and your chances of making a full recovery. It is usual for an expert medical opinion (sometimes more than one) to be sought, following which we will attempt to negotiate a settlement with the Solicitors or insurers acting for your opponent. If an agreement cannot be reached then we can commence legal proceedings on your behalf. Should you be successful in gaining compensation, the bulk of our costs in most cases will be negotiated and paid separately by your opponent.

Following an accident the most important priority should be to receive medical attention for your injuries. As soon as you are able to, make detailed notes of:-

□ What happened (including sketches, maps, etc.)

□ When it happened (time and date)

□ Who was there (names and contact details of any other people involved and witnesses)

□ The make, model, colour and registration number of any vehicles involved, if applicable

□ Any damage to vehicles, property or personal belongings

□ Your injuries (ask someone to take photographs if possible)

□ If the accident occurred in a public place or at work, report it to the manager and make sure that they

write it in their accident book

□ If you believe your accident was caused by a defect (for example a pothole or uneven pavement) revisit

the accident site, if possible (and safe to do so), and take photographs and measurements

If your injuries prevent you from doing any of the above, ask a friend or relative to help, as such details can be quickly forgotten, especially when suffering from shock. Bring the notes and photographs with you when you come to your first appointment with us.

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Clinical Negligence

In order to bring a claim for Clinical Negligence, it must be shown that:-

□ there has been a breach of duty of care in the provision of treatment;

□ the person / people responsible owed a duty of care;

□ such breach has resulted in or contributed to the injury (or death) of the patient.

Clinical Negligence claims are very varied. Examples include failure to make a correct diagnosis; delay in making a diagnosis and / or delay in making a referral; failure to advise of risks of treatment; failure to obtain consent to treatment; prescription or administration of wrong medication or incorrect dosage; unnecessary surgery; injury / error during surgery.

Claims are most commonly made against doctors and surgeons, but can also be made against others who have a duty of care to patients, including dentists, nurses, midwives, etc.

In the event of a successful claim being brought, any compensation awarded will depend on the severity of the injury and the prognosis for recovery. If a death has occurred provision may be made for any dependants of the deceased patient.

In addition, if the patient had paid for treatment privately (or through a medical insurance policy) then a claim for breach of contract can be made.

When dissatisfied with the standard of care / treatment received, but the patient has suffered no adverse effects as a result, the clinic / hospital’s in-house complaints procedure should be followed in the first instance. Further advice about this can be found on the General Medical Council’s website at

www.gmc-uk.org

If you would like further information about bringing a claim for Clinical Negligence please contact us to make an appointment.

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Fatal Accident / reduced life expectancy

If someone close to you has died as a result of an accident or illness caused by someone else's negligence or a criminal act, then you may be able to make a claim for compensation. As well as the emotional devastation such a tragedy can cause, there may also be financial hardship, especially if little or no provision was made through life insurance policies.

Fatal Accident compensation claims have two aspects: The first part takes into account the pain and suffering of the deceased person between the time of injury and the time of death, and any financial losses incurred during this period, including funeral expenses. The second part allows the dependants of the deceased person to claim for loss of financial support. 'Dependants' include spouses and same sex partners who have been living together for at least two years, children, grandchildren, parents and grandparents.

If you would like further advice please telephone or e-mail for an appointment.

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