Understanding fundamental dishonesty in personal injury claims

If you are making a personal injury claim, it is important you are honest about your symptoms and losses.

Don’t exaggerate them or make false statements.

Claimants found guilty of being fundamentally dishonest with their personal injury claim can face severe consequences.

This article will explain the concept fundamental dishonesty and how it could affect your personal injury claim if you are found guilty.

What is fundamental dishonesty in personal injury?

Fundamental dishonesty is a concept that was introduced in the UK under Section 57 of the Criminal Justice and Courts Act 2015 in a bid to deter fraudulent or exaggerated personal injury claims.

The defendant must prove the claimant has been fundamentally dishonest. Usually, fundamental dishonesty will either be discovered before the trial or arise from evidence during it.

Examples of fundamental dishonesty include an individual claiming that since the accident, they can no longer carry out a particular task when this is untrue. The dishonesty must be related to something fundamental in the case rather than a minor part of the claim.

In some cases, defendants may undertake surveillance of the claimant to gather evidence of their dishonesty. Evidence may also be gathered from the claimant’s social media posts or eyewitness accounts.

Consequences of fundamental dishonesty

Claimants that are found to have been fundamentally dishonest could find themselves facing the following consequences:

  • They become liable to pay legal costs for both sides – Usually, under the Qualified One-way Costs Shifting (QOCS) principle, claimants do not bear liability of cost in personal injury claims. However, if a claimant is found to be fundamentally dishonest, then QOCS protection is lost. If a claim is fundamentally dishonest, the claimant loses protection under QOCS and is required to pay the legal costs on both sides.
  • The case is dismissed – If a claimant is found to have been fundamentally dishonest, the judge may dismiss their personal injury case altogether. This can even happen in cases where the claim is otherwise genuine but contains elements of dishonesty. This could also mean the claimant loses the right to raise the same kind of claim in a court of law in the future.
  • Prosecution – In extreme cases, the claimant could even be prosecuted for perjury/contempt of court.

Does fundamental dishonesty only apply to personal injury?

Whilst dishonesty can lead to serious consequences in many areas of the law, the concept of fundamental dishonesty is specific to personal injury claims. It can also only be applied to the claimant.

If you have sustained injuries after an accident that wasn’t your fault and require help with a personal injury claim or fundamental dishonesty personal injury, contact Mark Reynolds Solicitors.

Call us today on 0800 002 9577 to arrange a free consultation with one of our solicitors.

Judicial College guidelines on personal injury

Determining the value of a personal injury claim can be a complicated process.

Every case is different, and its unique circumstances must be taken into account.

Legal practitioners use professional documentation and expert guidance to help them to navigate the process and ensure a just and fair result.

One important resource is the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.

If you’re unfamiliar with the Judicial College Guidelines, this article aims to explain what they are and the role they play in determining the value of personal injury claims.

What are the Judicial College Guidelines for Personal Injury?

The Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases is an important resource that legal professionals use to help determine the value of personal injury claims.

The guidelines comprise 14 chapters, each relating to a different group of related injuries. Each chapter provides guideline compensation figures for each type of injury based on severity. They also explain how to define each grade of severity.

The guidelines were created to help standardise the process of calculating compensation to create fair and consistent outcomes.

How are the Judicial College Guidelines used to determine the value of personal injury claims?

The Judicial College Guidelines set out a range of possible compensation amounts for different types of injuries based on the body part affected and the severity of the injury.

For example, one of the 14 chapters within the guidelines relates to ‘orthopaedic injuries’; this section lists many different types of orthopaedic injuries, including wrist injuries, toe injuries, and back injuries.

For each injury, it then sets out a guideline figure for general damages based on the severity of the injuries.

The guidelines are there to provide legal practitioners with a valuable starting point for calculating the value of personal injury claims. Each personal injury case must be assessed based on its unique merits.

Some of the factors that can affect the valuation of a personal injury claim include the claimant’s age, length of recovery time, long-term health implications, and the impact of the injury on their quality of life.

The guidelines also only cover compensation for ‘general damages’. General damages include the injury itself and its direct impact. They do not cover ‘special damages’, which are additional costs incurred due to the injury, such as loss of earnings, medical expenses, and other financial losses. These additional losses must be calculated separately and added to the general damages.

Claim compensation for a personal injury with Mark Reynolds Solicitors

Need help with a personal injury claim?

Here at Mark Reynolds Solicitors, our team of personal injury solicitors have the experience and knowledge required to navigate the complexities of personal injury law and help you get the compensation you deserve.

For more information or to receive a free consultation with our team, call us today on 0800 002 9577.

What happens if I lose my personal injury claim?

Making a personal injury claim can be a highly stressful time for claimants. Chief among their worries is often the fear that their claim will fail, and this is often what can hold individuals back from seeking to make a claim in the first place.

If you’re thinking of seeking legal help but wondering, ‘what happens if I lose my personal injury claim?’, then read on.

Can I lose a personal injury claim?

Yes. Just like generally any court case, you can win your case, or you can lose it.

Even if you feel like there is a clear-cut incidence of personal injury happening to you due to the actions (or negligence) of somebody else, this cannot simply be taken as true.

Due process still needs to take place, and this can mean the loss of your side if a court finds that the defending party are not as at-fault as you believe.

This is somewhat mitigated by most personal injury claims being represented on a ‘No Win No Fee’ basis. Since solicitors working on this basis won’t earn anything for their time if you lose, their representation is usually a sign that your case has a good chance of winning.

Do I need to pay costs if I lose my personal injury claim?

There are several ways in which a claimant needs not worry about paying costs if they lose their claim.

Commonly, a type of insurance policy known as ‘after the event’ (ATE) insurance is required as part of a claim. This covers the costs of the defendant’s side in the event that the claimant loses their case. If this happens, the claimant won’t have to pay the cost of the policy.

From April 2013, a regulation known as qualified one-way costs shifting came into use. This applies only to personal injury claims, and stipulates that claimants will not be made financially worse off for making a claim, even if they lose it.

There are now several defences for personal injury claims that ensure claimants don’t lose money by pursuing claims. This also means that claims will (hopefully) not simply be left by the wayside for fear of losing money.

This is especially important for individuals who fear the legal resources of people or companies much wealthier than themselves.

How to make a personal injury claim

To start your claim, you need to contact a qualified personal injury solicitor.

Mark Reynolds Solicitors can take the details of your personal injury and start a friendly, open dialogue with you. Our no-obligation consultation will allow us to give you an objective opinion of your case and whether we can help you pursue compensation.

To find out more about our services for personal injury claims, contact us today.

Settlement process for personal injury claims

Making a personal injury claim is something that many of us need never think about. Like many things, you only need to learn about the process when it suddenly becomes apparent you may need to make your own claim.

The personal injury claim settlement process in the UK is generally straightforward but can be lengthy.

The personal injury claim settlement process

Contacting a solicitor

Before any claim can get underway, the claimant should seek impartial advice from a qualified personal injury solicitor.

This is an important first step as it means you can gain an objective opinion on whether you have a viable case that can be won. If your solicitor thinks the case is feasible, they will likely offer to represent you and take it on.


Once you’ve appointed a solicitor and are happy to proceed, your practitioner will begin gathering more information and looking into your case on a deeper level.

This investigation allows them to understand the case fully, including the details of what happened to you, how it occurred, and what changes it has made to your health and wellbeing.

They will also take the details of any evidence that supports the claim, such as evidence of the defending party’s negligence or medical evidence of your injuries.

Pre-action protocol

Once your solicitor is satisfied they have the all the necessary context and information to get started, the pre-action protocol stage can begin.

This is where the case ‘officially’ starts, wherein your solicitor fills out a Claim Notification Form (CNF) and sends it to the defending party or their insurance company. This formally signals intent to sue for damages, and outlines what happened to the claimant and why they feel they’re entitled to compensation.

The solicitor must allow around 21 days for the defendant to respond and acknowledge receipt of the CNF. They then have three months in which they can investigate the claim and prepare a response as to whether they accept or reject liability for the claim.

What happens then?

If liability is accepted, then this is the easiest course of action for everybody involved. Your solicitor can set about negotiating your settlement, and court action can be avoided if both sides can come to an agreement over the amount of compensation paid. If not, the solicitor may need to apply to a court for a judge’s impartial decision.

If liability is rejected, then the solicitor has the much larger task of preparing to fight the case in court and again take the matter before a judge. This is will involve careful gathering of any evidence that backs up or strengthens the claim, including medical reports, CCTV footage, eyewitness statements, and more.

How to get a personal injury settlement

Of course, the personal injury claim settlement process in the UK is much easier than having to fight in court, but a good solicitor will help your case through to the end regardless of either route.

Mark Reynolds Solicitors are qualified personal injury solicitors who can help you with a claim and see your case through to completion.

For help with a personal injury claim, contact us today.

How do you negotiate a higher personal injury settlement?

If you suffer an injury that is someone else’s fault, you are entitled to fair compensation.

Financial compensation gained because of a personal injury claim can help you cover medical bills, loss of earnings, and emotional harm. However, reaching a satisfactory settlement isn’t always straightforward.

This article will explain how the personal injury claims process works, discuss when it is appropriate to accept the first offer, and provide insight into personal injury negotiation tactics.

How does the personal injury claims process work?

The personal injury claims process can be roughly split into five stages. Here’s a step-by-step outline of how the process typically works:

  • Case preparation and evidence collection – If the other party accepts responsibility for your injury, your solicitor will compile all the necessary evidence to support your claim and forward these materials to the defendant’s solicitors.
  • Valuation of the claim – Your solicitor will then carefully assess the value of your claim. To do this, they utilise resources such as the Judicial College Guidelines, which provide guidance on the appropriate compensation for various types of injuries. They also look at precedents set by similar cases. Once complete, they send their compensation valuation to the insurance company.
  • Compensation offer – The insurer may make a compensation offer at any point during this process. However, it is most commonly made once both parties have disclosed and considered all evidence.
  • Negotiation – Your solicitor will usually carry out all negotiations on your behalf.
  • Responding to the offer – After each offer, your solicitor will review it with you and advise whether they believe it is fair and whether you should accept it or negotiate for a higher amount. If you decline the offer, your solicitor will continue negotiating with the insurer. Your case may proceed to court if an agreement cannot be reached. The decision to accept or reject an offer is always yours.

Should I accept first offer in personal injury?

Determining whether to accept the first offer in a personal injury claim depends on several factors, including the timing of the offer and the amount being offered.

Sometimes, an offer may be made before all evidence has been disclosed. In these cases, the offer may not accurately reflect the full compensation you’re entitled to for your injuries or associated losses.

Your personal injury solicitor can provide valuable insight into the appropriate level of compensation based on their experience with similar cases. If the defendant has admitted liability, enough evidence has been submitted, and your solicitor believes that the first offer fairly compensates you for your injury, you might consider accepting the first offer. Remember that once an offer is accepted, your claim is considered resolved, and you cannot reopen it later.

However, if you are unhappy with the first offer, you can ask your solicitor to continue negotiations with the defendant’s insurer.

How to negotiate a high personal injury settlement offer

After a compensation offer is made that you or your solicitor consider unsatisfactory, you can discuss personal injury negotiation tactics with your solicitor.

Your solicitor should explain all offers made by the insurer, providing a good understanding of how the compensation figure has been calculated.

Reasons to reject an offer – Typically, your solicitor might recommend rejecting an offer for one of two reasons. First, they may believe the offer inadequately compensates for your injury and financial losses. Secondly, if the offer is made prematurely before all evidence has been submitted, it could be difficult to access the right level of compensation due accurately.

Challenging an offer – If an insurer submits an offer without an explanation, your solicitor will likely request justification for the proposed figure. The insurer’s argument may sometimes justify the offer, but other times they might not provide a satisfactory explanation.

Making a counter-offer – After evaluating the insurer’s justification for their offer, your solicitor may formulate a counter-offer. This counter-offer would usually be based on your specific circumstances and would be accompanied by an explanation of how this figure was calculated.

Points of disagreement – Some claim components, such as loss of earnings, are relatively concrete. However, other areas – like solatium (compensation for emotional harm) – can be more subjective, leading to disagreement over the appropriate compensation amount.

Decision time – If the insurer refuses to raise their offer, you’ll need to decide, with your solicitor’s guidance, whether to accept the current offer or proceed to litigation. While most personal injury claims can be settled outside of court, litigation is sometimes necessary. Considering the higher legal costs of court proceedings, your solicitor would only recommend taking your claim to court if they believe the potential outcome would outweigh the current offer.

Need a personal injury solicitor?

At Mark Reynolds Solicitors we are experts in all things related to personal injury. Get in touch today if you’re looking to get advice or make a claim.

How to claim for personal injury after a car accident

Car accidents can leave pedestrians, cyclists, and drivers alike with injuries that range in severity from minor to life-changing.

The distress caused by being involved in an incident can be overwhelming, and the situation further exacerbated by unexpected medical bills, loss of income due to the inability to work, the costs of vehicle repair, and the emotional suffering that comes with the experience.

While no amount of compensation can truly erase the distress caused by a car accident, it can certainly help to reduce the financial strain and stress associated with the resultant injuries.

This article guides you through claiming compensation for a personal injury after a car accident, providing useful advice to help you move forward from the incident.

How do I claim personal injury after a car accident?

Experiencing an injury after a car accident can have a significant, even life-altering, impact.

If you suffered an injury due to a car accident that wasn’t your fault, you might be eligible to claim financial compensation.

The process for making a claim varies according to the specific circumstances and extent of the injury. However, as a general guideline, you should follow these steps:

  • Seek medical help – After the accident, you should get a thorough medical examination. This not only ensures that you’re on the path to recovery but also helps you to obtain a medical record of your injuries.
  • Report the accident to the police – A formal accident report serves as an official record, which is a critical part of your claim. Ensure to report the accident to the police as soon as possible.
  • Document details of the accident – Take photographs of the accident scene, damages to the vehicles involved, and your injuries. Collect witness information and their statements, if possible. Any other information that could support your claim should also be documented.
  • Inform your insurance provider – Notify your insurance provider about the accident and the damages incurred. Be honest and accurate about the incident.
  • Contact a personal injury solicitor – Navigating the claims process can be complex. A personal injury solicitor can guide you through it and help to ensure you receive the best possible outcome from your claim.
  • File a personal injury claim – With the assistance of your solicitor, file a claim through the at-fault party’s insurance.

Remember, each car accident and personal injury claim is different. Contact our team of personal injury solicitors here at Mark Reynolds Solicitors for tailored advice and support.

What injuries can you claim for after a car accident?

After a car accident, you can claim for a wide range of different injuries, including compensation for the pain endured and any ongoing treatment or care costs incurred due to the accident.

The following list outlines some of the different types of injuries for which compensation can be claimed;

Physical injuries

Physical injuries can range from minor to severe and can include:

  • Whiplash
  • Back and spinal cord injuries
  • Broken bones and fractures
  • Internal injuries
  • Cuts, scrapes, and bruises

Psychological injuries

Accidents can also lead to psychological trauma. Such injuries include:

  • Post-traumatic stress disorder (PTSD)
  • Anxiety and depression
  • Phobias
  • Sleep disorders

Fatal injuries

In the unfortunate event that a loved one loses their life due to a car accident, compensation can be claimed on their behalf. This can help to cover funeral costs, loss of future earnings, and the emotional trauma associated with the loss.

Every case is unique, and the type of injuries sustained will significantly influence the claim. Therefore, seeking professional legal advice is essential to understand what you can claim in your specific situation.

Can I claim for anxiety after a car accident?

Yes, you can claim compensation for psychological injuries, including anxiety, resulting from a car accident, but doing so can be challenging.

To do so, you must be able to prove that the mental illness is directly linked to the car accident; this is usually achieved using medical records and professional testimonies.

How long after a car accident can you make a personal injury claim?

Generally, you should make a personal injury claim for a car accident within three years of the accident date. There are, however, a few exceptions to this rule. You may be able to claim outside of this limitation period if the person injured in the accident was a child under 18, lacks the mental capacity to make a claim, or has “late-appearing injuries”.

It is always in your best interests to make a claim immediately after the accident to ensure the best possible result.

Who pays personal injury claims for a car accident?

In most cases, the at-fault driver’s insurance company pays out for a personal injury claim. If the driver at fault has no insurance or is untraceable, it may be possible to claim compensation from the Motor Insurance Bureau (MIB).

File a personal injury claim with Mark Reynolds Solicitors

For more help or advice with how to make a personal injury claim for car accident, contact our team of solicitors here at Mark Reynolds Solicitors by calling us on 0800 002 9577.

How does a personal injury trust work?

If you’ve suffered injury and have been awarded compensation, the result can be as a daunting as it is a relief. Compensation awards can amount to substantial sums of money, and receiving it all at once may raise questions about how you’ll manage it and whether you can keep receiving benefits.

To answer these concerns and more, personal injury trusts are a way of protecting compensation payments without complicating means tested benefits.

What is a personal injury trust?

A personal injury trust is a type of trust reserved for individuals who receive compensation for personal injury.

Like any trust, it’s a way of protecting and managing assets—in this case, cash—without outright cutting the individual off from it. Usually, a trust is an ideal option for people who are underage or have a condition that renders them unable to manage their money independently.

However, personal injury trusts are often a necessity even for those who know how to handle their finances perfectly well. The benefits they confer directly protect the beneficiary’s finances and ensure that compensation payments don’t end up ultimately doing more harm than good.

Accordingly, the trust is intended only for the awarded money, and it cannot be combined with other cash. This practice of ‘mixing’ can render the protective benefits of the trust void and make the trust itself ineffective.

The account used for the trust must be set up in the name of said trust, and not in the name of the individual who stands as its beneficiary. This also applies to assets purchased, which we’ll go into further later on.

Why use a personal injury trust account?

When you are awarded compensation for a personal injury, the money may be paid directly to you and placed into your bank account.

For a time, this is perfectly fine. There exists a grace period which protects that money for 52 weeks starting from the initial payment, meaning it doesn’t factor into benefits or care fees. Means tested benefits will be calculated regardless of the amount you were awarded, but this will only be the case within that 52-week period.

Once it expires, the compensation will be counted as savings without any further special consideration if it is still mixed with other personal finances.

Money that has been placed into a personal injury trust is exempt from benefits calculations. This allows beneficiaries to continue receiving means tested benefits regardless of the amount they were awarded.

The money in the trust can still be accessed and spent, albeit with the appointed trustee needing to grant permission for withdrawals by signing off on requests. This is one of the factors that grants an additional layer of protection to the money contained in the trust.

Trustees are in place to oversee the money in the trust and act in the best interests of the beneficiary where needed. They cannot access it for themselves or use it independent of the beneficiary.

Trustees are trustworthy individuals such as relatives, particularly parents if the beneficiary is a child, or a partner. Some people may elect to choose a solicitor as a trustee for many reasons. Since you need at least two, it may be wise to choose a loved one and a solicitor to make up your pair of trustees.

One of the added benefits of this approach is that the solicitor can act as a source of guidance for the other trustees and ensure they fully understand their role and responsibilities.

Who can set up a personal injury trust?

Anybody who has been awarded compensation for a personal injury—perhaps from a legal claim or as the result of an insurance pay out—can set up a personal injury trust. If this is not possible due to any kind of impairment or other special context, a solicitor can set up the trust on behalf of the beneficiary.

Banks should be able to facilitate the process by setting up an account with the chosen trustees in control, verifying their identities and ensuring the account bears the name of the trust so that it stands apart from the beneficiaries personal assets (as far as benefits eligibility is concerned).

When should a trust be set up?

As soon as possible, even if you’re comfortably within the grace period and don’t intend to receive means tested benefits in future. Once the trust is set up, it’s ready to receive the money and you ensure that you don’t end up leaving it in personal accounts on accident.

This is especially true if compensation is paid in more than one instalment; the 52-week period applies only to the initial payment, so any further payments need to go into the trust in order to not be counted against benefits.

What can I spend my personal injury trust on?

The money in a personal injury trust can be spent as the beneficiary sees fit, as long as it’s for their benefit. Purchasing a computer, paying for a holiday, or buying a house with a personal injury trust are all perfectly legal and sound.

If purchasing something like a home, it must not be bought under the name of the trustees as an investment in order for it to be discounted against means tested benefits. Additionally, the property would legally be the property of the trust, since the money within a trust is not legally the beneficiaries.

Bought in the right way so that it is legally the property of the trust, buying a house with a personal injury trust won’t impact means tested benefits.

Legal help for personal injury

If you need the help of a qualified, experienced solicitor to guide you through the legal proceedings resulting from personal injury, contact Mark Reynolds Solicitors.

Our team can provide thorough advice backed by years of collective experience and show you the way to the respect and compensation you deserve.

To find out more about our services, contact us today.

What is personal injury pre-action protocol?

When a claim for personal injury is made, it’s always desirable for both the claimant and defendant to make a productive and positive start—perhaps even find an alternate route to resolution that doesn’t involve going through the courts at all.

This is where personal injury pre-action protocol comes in, and adhering to it can help save time, stress, and even costs for either party.

What is personal injury pre-action protocol?

Pre-action protocols outline the kind of behaviour a court hopes all parties abide by before formal court proceedings take place. ‘Protocol’ commonly means a set of behaviours and actions that are considered to be best practice and are expected of individuals in certain situations. In this legal sense, it’s no different.

Of course, there are many different reasons that two or more parties might go to court. So, personal injury pre-action protocol defines the conduct that is expected specifically of parties that are dealing with a personal injury claim.

This means that everybody communicates clearly, openly, and in good faith, sharing information and investigating all aspects of the claim as thoroughly as possible.

Perhaps most importantly, personal injury pre-action protocol provides that parties should ideally pursue other avenues of conflict resolution before taking the matter to court. This could be a settlement out of court, which is often more attractive than a potentially protracted court battle.

What does pre-action protocol include?

The protocols are more than just recommendations or guidelines. They include essential steps to be followed at the beginning of a claim, and a court can choose to penalise either party if they feel that there was not satisfying observation of protocol.

These steps include:

Claimant letter

The claimant’s solicitor sends a letter to the defendant (or their insurers) that officially notes their intention to make a claim. This letter should contain as much clear information as possible pertaining to the nature of the claim, including its intended value and any financial losses and/or injuries sustained by the claimant.

The letter should also include details such as the hospital where the claimant received treatment if applicable, as is common in road traffic accidents. This allows the defending side to begin their own investigations as necessary.

If the solicitor needs more time or information to prepare the letter of claim, a letter of notification should be sent to the defendant give them advance warning of the incoming claim.

Defendant response

Once the letter of claim has been sent, the defendant or their insurers should respond within 21 calendar days. If they feel any significant information was missing from the letter of claim that changes the context of the case, this should be made known in their response.

Once the letter of claim has been acknowledged, the defendant’s side has a maximum of three months in which they can conduct their own investigation and provide a detailed response.

This response should clearly state whether the defendant admits liability by agreeing that the accident took place as stated and that their actions or negligence led to the outcome.

If the defendant doesn’t claim liability for the incident in question, the response should give their recount of events and provide any evidence to support this.

If the letter of claim doesn’t receive a response from the defendant or their insurers, the claimant has the right to issue court proceedings.

Expert input

For claims of personal injury, a medical expert will need to provide their professional opinion and evidence to support the claim. Other expert input may be needed to support the claim, and the protocol provides that the chosen experts are agreed upon by both parties in order to avoid any bias in selection.

The defendant should have a chance to see the medical report and either agree on it or dispute it.

Alternate dispute resolution

If both parties agree that there is a claim to be addressed, they should abide by the recommendations of the protocol and explore their options for alternate resolution.

Essentially, alternate resolution is anything that allows the parties to settle the matter without court proceedings. This commonly takes the form of an out-of-court settlement, wherein the claimant is paid compensation as full and final resolution.

Agreeing to a settlement is generally preferable for as it saves the time and cost that goes into court proceedings, and it presents no risk to either side. If the defendant admits to fault then a protracted battle is pointless, thus a quick and clean settlement that ties the matter up for all parties involved being the best choice.

Resisting or failing to explore alternate dispute resolution can be penalised by the courts, so all parties need to pursue options in good faith.

Stock take

This can be seen as the final stage of protocol before taking a matter to court. If alternate resolution can’t be agreed upon, parties are encouraged to ‘stock take’ and re-evaluate their positions.

All sides should analyse their stance and evaluate the strengths and weaknesses of their respective positions.

Going to court for a personal injury claim

If you need the help of a qualified, experienced solicitor to guide you through personal injury pre-action protocol or with court proceedings resulting from personal injury, contact Mark Reynolds Solicitors.

Our team can provide thorough advice backed by years of collective experience and show you the way to the respect and compensation you deserve.

To find out more about our services, contact us today.

Making a clinical negligence claim for a child

We dread to think that, in the process of seeking medical help, we may be left with new injuries resulting from clinical negligence. This is even harder to comprehend when it happens to your child or a young person in your family.

This is why it’s only understandable that parents and carers will often make child medical negligence claims on behalf of those who can’t do it for themselves. But how are these claims made and how are they handled?

Can a child make a clinical negligence claim?

An individual under the age of 18 can’t make their own claim for medical negligence. They are, however, still eligible to benefit from compensation awarded in reparation for a case of medical negligence. They simply need an adult of sound capacity to act in their stead, known as a ‘litigation friend’.

With their litigation friend and a solicitor acting by their side, children can pursue medical negligence claims just the same as anybody else.

Alternatively, once they turn 18 years of age, an individual has three years in which they can make their own claim.

Should I wait to make a child’s medical negligence claim?

It may be the case that the full extent of the child’s injuries cannot actually be determined until they’ve grown older.

In cases such as these, a payment known as an interim payment will be made to support the child and their family in the meantime, until the claim can be finalised at a later date.

How is compensation paid to children?

Given the young age that some victims of clinical negligence will sadly be, it isn’t reasonable to expect them to handle a large sum of compensation.

For that reason, compensation awarded in a successful case will be invested into a special kind of savings account to be held until the claimant reaches 18. Some of this money may be released at the time if the court deems it appropriate to do so, such as for funding educational or medical needs.

Making a claim with Mark Reynolds Solicitors

Our solicitors are fully qualified and ready to help you undertake a medical negligence claim.

We understand how difficult and emotional it can be to do this on behalf of family. That’s why we’ll take our time and listen to you every step of the way, so that we can work through your claim together and see it through with patience and compassion.

If you found this article useful, check here to find out How Does A Clinical Negligence Claim Succeed?

Can you sue for a bad hip replacement?

We all know that as we age, we might find ourselves spending more time in the company of doctors and pharmacists. Certain parts of the body face more wear and tear through years of use than others, and one of these in particular is the hips.

As such, hip surgery is not at all uncommon for Britain’s over-50 population. While many go right, some can go wrong, leaving patients worse off. Where do you turn when you’re faced with a medical negligence hip replacement case?

Who needs hip replacements?

Data shows that April 2020 – March 2021 saw 30,937 hip replacement procedures for NHS patients in the UK. Of these, the vast majority were aged 50 or older (92.7%) and many more were conducted on female patients than male.

Hip replacements are so common due to the intensive usage our hip joints face year in, year out. A lifetime of walking, running, carrying, and standing and sitting down repeatedly can eventually wear down and damage joints.

Additionally, conditions like arthritis can cause pain that needs hip replacement surgery to alleviate.

Can hip replacements go wrong?

While the data suggests that the vast majority of hip replacements fortunately go well for patients, not everybody feels better after their surgery. Some may even feel worse.

Medical negligence is an ongoing problem for any healthcare service, and with modern hip replacements intended to last at least 15 years without further intervention, a bad hip replacement robs many years of relief from victims of clinical negligence in this field.

Typically, a medical negligence hip replacement case is one that leaves a patient in a state of suffering as a result of the surgery. You might feel that this is the fault of the surgeon, or of the implant’s manufacturer if it is clearly not fit for purpose.

While there are a few ways in which replacements can degrade over time or alter a patient’s physiology, the surgeries are not expected to cause the patient extra pain or need repeating in a short space of time.

What can I do about medical negligence for a hip replacement?

If you’ve been left suffering as a result of a hip replacement surgery and feel that something must have gone wrong, the first call is to get sound legal advice.

An initial consultation will allow you to go through the events and explain everything in detail, while also giving us the chance to ask for any extra information that can help shape our understanding. If you have a case, you can work together with your solicitor to take it from there.

Medical negligence can leave patients with years of unnecessary suffering and distress, and nobody should go through it without justice being served.

To find out if you have a case for medical negligence or to start a claim, contact Mark Reynolds Solicitors today.