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Complex Injury Claims
Our Resolve. Your Resolution.
Complex injury claims require specialist handling to ensure that that both client and family are supported throughout the claims process and maximum compensation is obtained.
Complex injuries we deal with include:
These types of injuries often arise out of Medical negligence, Road traffic accidents, Falls from height, workplace injuries and sporting injuries
Whatever the cause, we can advise you. We are always available to discuss your particular circumstance and provide free and practical advice about how we can best assist you with a claim.
Making a legal claim should not add to the burden of dealing with complex injuries and life changing events; we strive to ensure the claims process is dealt with efficiently and compassionately. We pride ourselves on offering a personal and professional service tailored to you.
What our clients say
Why choose Harrowells?
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
These can be caused by accidents such as:
Or they can be the result of medical negligence.
Although there are a wide variety of complex injuries, the most crucial treatment often takes the form of rehabilitation and therapy. Treatment here focusses on managing symptoms and restoring function through:
We are experienced in working with experts and case managers to put together the most appropriate care package for each client and recovering compensation to cover the cost of this.
Compensation may be available if negligent medical treatment has caused you injury or contributed to an adverse outcome. In suitable cases, a claim can include both damages for the injury and recovery of associated losses.
To make a successful medical negligence claim, two matters usually need to be established:
The first is that the treatment provided was below a reasonable standard of care. This might involve:
The second is that the negligent treatment caused injury. That could be a new injury altogether or a deterioration of an existing condition.
If you would like to explore whether you may have a claim, or if you are unsure how the law may apply to your circumstances, our medical negligence team can help.
Your claim is reviewed as it progresses so that we can identify and explain any issues affecting prospects of success, liability, or settlement at the earliest possible stage. Our approach is to be open and transparent, giving you the information you need to make confident decisions about the case.
The purpose of compensation is to recognise the position you would have been in had the negligence not happened, so far as that can be achieved through a financial award. This can cover your injuries and a range of losses, including treatment expenses and future costs linked to recovery.
As every claim is fact-specific, the losses pursued should reflect your own situation and be assessed carefully as part of the claim.
A successful claim can offer financial support alongside guidance on treatment and practical measures that may help you move forward in recovery.
Speaking to experienced medical negligence solicitors is usually the first step if you are considering a claim. They can assess the circumstances and provide advice tailored to you, allowing you to decide whether to take matters further.
When you formally instruct a solicitor, they will start the pre-action work required to investigate your case. This includes collecting evidence on liability, causation, your injuries and the likely outcome for your condition.
After the evidence has been obtained, your solicitor will seek to negotiate both liability and the level of compensation with the defendant’s representatives.
If those negotiations do not result in a settlement, we will look at whether court proceedings should be issued.
Medical negligence claims are handled by us on a ‘no win, no fee’ basis, so you can pursue compensation and accountability without taking on unnecessary financial risk. Known formally as Conditional Fee Agreements, these arrangements are intended to make the process more affordable and easier to access.
If your case is unsuccessful, you will not have to pay our fees. We set out more information about funding in the Frequently Asked Questions later on this page.
Making the decision to bring a medical negligence claim can be difficult, particularly if your treatment has left you feeling frustrated or unsupported. In those circumstances, trusting another professional may not come easily.
The right solicitor should make you feel reassured, provide transparent advice and deal with the process in a clear and efficient manner.
We appreciate that you may want to draw a line under this experience and that the claim itself can seem daunting. Your representative should take as much of the pressure away as possible, so you can direct your attention to recovering from your injuries.
The Claims Process
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support from the outset.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
FAQs
How long does a complex injury claim take?
No two claims move at exactly the same pace. The timeframe is usually affected by the availability of independent experts, the complexity of the medical issues and whether the defendant is prepared to discuss liability and settlement. Clinical negligence claims follow the Civil Procedure Rules and the relevant pre-action protocol, both of which are intended to help parties exchange information and seek a resolution before trial.
Where the case is complex, substantial investigation and detailed expert evidence may be required, which means the process can be lengthy.
It is important to note the 3-year limitation period. Usually, proceedings must be issued within 3 years of the negligent act or of the date when you first had knowledge that negligence may have caused the injury.
Do you offer no win no fee for complex injury claims?
If our assessment shows your claim has prospects of success above 50%, we may be able to offer a Conditional Fee Agreement, often known as no win, no fee. If the claim succeeds, our costs are generally recovered from the defendant. If the claim does not succeed, our fees are normally not payable by you.
If compensation is recovered, a success fee and any shortfall between our incurred costs and the sum recoverable may be taken from your damages.
There are also disbursements, such as expert fees and court fees, which are separate from the Conditional Fee Agreement. We will therefore consider whether insurance should be put in place to cover them.
We are happy to discuss funding options with you in a free, no obligation consultation.
What evidence is needed to make a complex injury claim?
We normally begin by collecting your medical records from the providers involved and taking a witness statement from you.
Independent experts then review the documentation. Common evidence includes:
Breach of duty and causation
An expert in the relevant specialty considers whether the treatment fell below a reasonable standard and whether that failing caused or contributed to your injury.
Condition and prognosis
If there is supportive evidence on liability, we then obtain reports about your injuries, your recovery and the likely future position. Several reports may be needed if the claim involves both physical and psychological harm.
We also gather evidence of financial losses arising from the negligence so the claim can be quantified accurately.
Are there time limits to bringing a complex claim?
Yes. The usual time limit under the Limitation Act 1980 is 3 years. If the claim is not issued at court before that date, it may be statute barred unless the court allows an exception.
The start of the limitation period can differ in certain cases, including:
Will I need to go to court to make a complex injury claim?
Not in every case. Many claims settle before trial, and appropriate attempts should be made to resolve the matter without the court where possible.
If negligence is denied or damages cannot be agreed, however, court proceedings may need to be started. The case then follows a court timetable, with trial as the final step if settlement is not reached.
Can I bring a complex injury claim on behalf of someone else?
Yes, in some circumstances you can. That may apply where the injured person is a child, lacks mental capacity or has passed away. Specific advice is important to ensure the right person brings the claim.
How much compensation can I claim for complex injury?
The value of compensation depends on the expert evidence obtained on your condition and prognosis. That evidence assists in assessing the nature and duration of the injuries suffered.
We will also seek evidence of financial losses, which may include loss of earnings, treatment costs and care needs.
A final valuation is not usually possible at the start of a claim because specialist evidence is needed to identify the full extent of the losses and future requirements.
As the claim progresses, we will advise you on the likely level of compensation based on the evidence gathered.
How is complex injury claim compensation paid out?
Once settlement has been reached, or judgment entered, the defendant usually has 14 days to pay the compensation.
Settlement following a negligent failure to triage correctly in A&E
John Coulson acted for a young woman who collapsed in the street with acute abdominal pain. Although she was quickly taken by ambulance to hospital, there was a failure to triage her correctly in A&E, resulting in a delay in a senior level consultant...
Settlement following negligently performed hip replacement surgery
Our client, a man in his forties, underwent hip replacement surgery during which appropriate procedures were not followed. A hip replacement typically involves a prosthetic cup inserted into your hip bone, a prosthetic ball joint inserted into your femur...
Settlement following a severe shoulder injury suffered during delivery of a baby
Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns. We investigated the circumstances of the delivery. Following receipt of...
