Clinical Negligence & Personal Injury

If you’ve suffered as a result of medical malpractice, we’re here for you.

Clinical Negligence & Personal Injury

Whenever we need medical advice or treatment, we place a huge amount of trust in the medical professionals who are treating us. Unfortunately, mistakes sometimes happen during clinical procedures which can lead to unnecessary pain and suffering.

If you’ve suffered as a result of medical malpractice, we’re here for you. As one of the leading medical negligence law firm in the UK, we know how to make a positive difference to your life. Our experienced medical negligence solicitors will take the time to understand what you’re going through, helping you get the answers and compensation you deserve.

Our expert lawyers have decades of experience handling medical negligence cases and specialise in areas including birth injuries, orthopaedic injuries and cancer misdiagnosis claims. We’ll gather expert advice on your care needs, ensuring that your compensation allows you to access the support you need to enjoy the best quality of life possible.

Our medical negligence solicitors could help you make a claim if you’ve suffered because of errors by NHS Trusts, private hospitals, specific doctors, cosmetic surgeons, dentists, mental health professionals, nurses and other medical staff.

Personal Injury

At Schwartz & Watkins LLP our personal injury specialist team can help you if it was not your fault and you suffered :

Action to be Taken

Whatever you are intending to do about your personal injury, actions you could take include :-

Accident at Work

If the accident happened at work, it should be recorded in an accident book. If your workplace does not have an accident book, you should write out brief details of the accident and injuries, send them to your employer and keep a copy. Your contract may say that you have to report an injury at work to your employer. If you are self-employed, you have a legal responsibility to report some accidents resulting in injury to the Health and Safety Executive (HSE) or to the local authority environmental health department. In England and Wales, there is more information about reporting accidents to the HSE on its website at www.hse.gov.uk .

Amount of Compensation

If you have sustained a personal injury you may be able to claim two types of compensation, general damages and special damages. General damages are paid as compensation for an injury, for example, a payment for pain and suffering or loss of future earnings. The court will decide on the amount to be paid.

Special damages are paid as compensation for actual financial loss caused by the accident up to the date of the hearing. These can include damage to clothing or other belongings, the costs of care, travel costs to hospital, medical expenses (including the cost of private treatment) and the cost of hiring and/or repairing a car if it has been damaged in the accident.

Legal Action

If you want to take legal action to claim compensation for a personal injury, you will need to get advice from a solicitor specialising in these types of cases. This must be done as soon as possible as there are strict time limits on taking legal action. At Schwartz & Watkins our personal injury solicitors will take up your case on the understanding that he or she will not be paid if the compensation claim is unsuccessful.

Time Limits

There are different time limits within which you must begin legal action in a personal injury claim. You should therefore get legal advice urgently if you wish to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is three years. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury. In some cases, a court may decide to extend a time limit, depending on the circumstances of the case.

Motoring Organization Members

If you have sustained an injury as a result of a traffic accident and you are a member of a motoring organisation, for example, the AA or RAC, you may be able to get specialist legal advice through that organisation.

Special Compensation Schemes

There are a number of special compensation schemes for some injuries and losses. For example, people who have contracted HIV when receiving treatment for haemophilia can claim payments from the MacFarlane Trust and compensation from the Government.

People who have suffered damage as a result of vaccinations could make a claim to the Vaccine Damage Payment Unit. For more information, go to www.gov.uk. There are special schemes for people suffering from an asbestos-related disease.

cFor example, if you were injured by working with asbestos, you may be able to claim Industrial Injuries Disablement Benefit as well as being able to make a civil claim against your employers. You may have contracted an asbestos-related disease in another way – for example, by washing the clothes of a family member. In this case, you can make a claim for a special one-off payment from the Government. There are time limits to make these claims. For more information, go to www.gov.uk.
For more information about Industrial Injuries Disablement Benefit, see Benefits for people who are sick or disabled.

A specialist at Schwartz & Watkins LLP will advise you about whether there is a compensation scheme available for your injury and will advise you whether it’s best to apply for compensation under the scheme or whether it’s best to make a civil claim.

Michelle Morrison is listed in Legal 500 as a leading junior. She undertakes work on behalf of both Claimants and Defendants. She has been regularly instructed on behalf of the London Fire Brigade in relation to claims arising out of the workplace, and has represented the Authority at a number of Inquests including the 7/7 Inquest.

She has extensive experience in all areas of personal injury law including employers liability claims, asbestos related claims, road traffic/highway claims and occupational stress, and regularly deals with high value claims.

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