Do Not Delay
The law applies strict time limits when claiming compensation
The time limit for raising a compensation claim for clinical negligence is three years starting from:
- the date of the injury suffered; or
- the date you became aware that you may have been injured due to negligence (date of knowledge).
3
Years
Exceptions
Children
If the injured person is a child, the three-year time period begins on their 16th birthday. The claims process can start before the child reaches adulthood, but the claim will not be subject to a time limit until this point.Â
Mental Capacity
Where the injured person loses mental capacity because of negligent treatment or care, the three-year time limit will begin when they regain capacity. If the loss of capacity is permanent, the three-year time limit will not apply, and a claim can be raised at any time.
The three-year time limit is waived only where the injured person lacks mental capacity because of their injuries. If mental capacity is lost because of another unrelated reason, the three-year time limit applies.
Fatal Claims
In circumstances where the injury has proved fatal, the three-year period starts from the latest date of the following dates:
- the date of death; or
- the date of knowledge of harm resulting from potential negligence
How much will it cost?
Success Fee
We can arrange a ‘no win, no fee agreement’ (Success Fee Agreement). If your case is unsuccessful, you will not have to pay our legal expenses, provided you have complied with the Success Fee Agreement terms. If, however, your claim succeeds, you will pay a percentage of your compensation as the ‘success fee’. This percentage will never exceed twenty per cent.
Legal Aid
Some individuals are entitled to public funding from the Scottish Legal Aid Board. This support is means and merits tested to determine eligibility for funding. Your lawyer will be able to discuss the application process in more detail. Alternatively, please visit the Scottish Legal Aid Board’s website for more information at https://www.slab.org.uk.
To find out if you are eligible for legal aid or use of a Success Fee Agreement, please complete an inquiry form and we will be in touch.
Claims faqs
How long will the case take?
Every case is different, so it’s difficult to accurately predict how long it will take to resolve a claim. Much depends on the severity of the injury and the number of defenders involved.
- Investigate the circumstances of each claim thoroughly
- Instruct world-leading medical experts to provide supporting evidence
- Set out the relevant facts and law in a pre-litigation Letter of Claim
- Promptly raise court proceedings in circumstances where a defender fails to engage meaningfully.
We ensure our clients receive their compensation without unnecessary delay. Our policy is to react formally and robustly to unreasonable delays by defenders.
How long will the case take?
Every case is different, so it’s difficult to accurately predict how long it will take to resolve a claim. Much depends on the severity of the injury and the number of defenders involved.
We will;
- Investigate the circumstances of each claim thoroughly
- Instruct world-leading medical experts to provide supporting evidence
- Set out the relevant facts and law in a pre-litigation Letter of Claim
- Promptly raise court proceedings in circumstances where a defender fails to engage meaningfully.
We ensure our clients receive their compensation without unnecessary delay. Our policy is to react formally and robustly to unreasonable delays by defenders.
Can I access compensation before the case has settled?
Once a defender has admitted responsibility for your injury, you may request early payment of part of the compensation to access treatment or deal with financial difficulties. This interim payment is deducted from the final compensation awarded or agreed upon.
Will I have to give evidence in court?
It is unlikely that you will give evidence in court. Around 95% of claims settle without a court hearing on the evidence (Proof/Trial). If, however, your claim is not resolved before the Proof, our medical negligence lawyers will expertly guide and support you through each stage of the process.
Will I need a medical examination?
To succeed in a clinical negligence claim, you will need the evidence of independent medical expert(s) confirming negligent treatment, which has caused injury or harm. Depending on the type and severity of your condition, you may need to attend several medical experts, who will consider your version of events, injury and prognosis. Such experts provide expert evidence to enable the court to determine the case and assess fair compensation.
How will I pay for my medical negligence case?
There are three main ways to fund your case. They are:
- A Success Fee Agreement (‘no win no fee’)
- Legal Aid
- Privately
Your lawyer will discuss the best way to fund your claim.
How will I pay for my medical negligence case?
There are three main ways to fund your case. They are:
- A Success Fee Agreement (‘no win no fee’)
- Legal Aid
- Privately
Your lawyer will discuss the best way to fund your claim.
How much compensation will I receive?
Your compensation will depend on the severity of the injury and its impact on your life.
Some examples of typical compensation awards for medical negligence include:
- £25+million for cerebral palsy due to negligent management of labour
- £7 million for the life-changing neurological injuries a man suffered during a routine surgical procedure
- A six-figure settlement for delayed diagnosis of cauda equina syndrome causing reduced mobility
- A five-figure payment for a delay in diagnosing coronary artery disease leading to avoidable myocardial damage
The purpose of compensation is to access the support and treatment you need to get back to the best possible quality of life. At Starling Lawyers, our priority is your health and wellbeing. We will ensure you access the care and treatment you need to make the best possible recovery.
Our team is unique in that it comprises lawyers and doctors who have considerable experience working in frontline healthcare and law. We work hard to ensure you receive fair compensation for injuries caused by negligent treatment.
We calculate compensation requirements taking the following into account:
- The nature and severity of your injury or illness
- Unnecessary pain and suffering you have experienced
- Your prospects of making a full recovery
You may also be entitled to compensation for the following:
- Care costs – home visits and rehabilitation
- Specialist equipment – visual aids, walking sticks, home adaptations
- Medical treatment costs – paying for further surgery or medical procedures
- Expenses from attending appointments for treatment and therapy
- Loss of earnings – covering time off work (past losses) and any time off in the future or change of employment due to your injury.
Is medical negligence compensation taxable?
Compensation from medical negligence is not taxable in the UK. It can, however, impact your income if you are on benefits.
If your compensation increases the value of your savings or other capital to more than £6,000, your eligibility to receive state means-tested benefits will be affected. For example, this may include:
- Job seekers allowance
- Income support
- Housing benefits
- Employment and support allowance
Interest paid over and above the compensation payment may be subject to tax.
Starling Lawyers do not provide tax advice. We advise you seek specialist tax advice from an accountant or tax lawyer.