033 3320 8440

Medical Negligence Claims

Unfortunately as much as we must trust our healthcare providers, things can go wrong. In some cases the damaged caused as a result can have catastrophic consequences on us and our loved ones for the rest of our lives.

Since 1980, we have been at the cutting edge of this specialism, having conducted many of the leading cases nationally.

Our team has particular expertise in claims of maximum severity including cases of birth injury and brain damage, as well as cases involving spinal cord injury, fatal accidents, amputation and damage to the gastro-intestinal tract.

Not only are we instructed by members of the public, but we are often recommended by other Solicitors. These solicitors recognise our expertise in this area and want their clients to have the greatest chance of success in what can be deeply upsetting circumstances.

Our team is the largest specialist team in South West Wales and we are recognised as one of the leading Medical Negligence teams in Wales. The team holds memberships of the Law Society Clinical Negligence Panel, the UK Acquired Brain Injury Forum, the Law Society Personal Injury Panel and are on the recommended Headway Solicitors list.

Medical accidents can be a very scary and upsetting time, but we would encourage you to get in touch and have a free no obligation chat with one of our expert solicitors who will deal with your case with the care and consideration that you deserve.

The ‘excellent and thoughtful’ Keith Thomas and Matthew Owen have a very strong reputation in the market and ‘can be trusted to produce good results in difficult high-value cases, such as those involving birth injuries’. Owen is also noted for his expertise in handling catastrophic brain injury work along with the ‘very capable’ Mei Li.
Legal 500 2017 Edition

  • Matthew Owen
      • 01792 529 683
      • View profile
  • Thomas Rees
      • 01267 248889
      • View profile
  • Rebecca Bennett
      • 01792 529 667
      • View profile
  • Elinor Laidlaw
      • 01792 529 626
      • View profile
  • Nick O'Neill
      • 02920 391917
      • View profile
  • Christine Rowlands
      • 01792 529 658
      • View profile
  • Clare Rees
      • 01792 529 676
      • View profile
  • Lauren Sharp
      • 01792 525415
      • View profile
  • Jonathan Williams
      • 01792 529682
      • View profile

Our expertise in medical negligence claims

We can support you with all types of medical negligence claims (also referred to as ‘clinical negligence claims’), including:

Our team is accredited by the Law Society in Clinical Negligence reflecting our leading expertise in this complex area of law. We are members of APIL (Association of Personal Injury Lawyers), Spinal Injuries Association and are  on the Headway recommended list of solicitors.

Our solicitors have also been recommended in the Legal 500 and Chambers & Partners, the leading client guides to the legal profession.

Read about previous clients we have helped in our medical negligence claims cases studies.

Time limits for medical negligence claims

You generally have 3 years to pursue a medical negligence claim. This time limit is known as the ‘limitation date’. This usually runs from the date of the injury or the date you became aware you had suffered significant injury as a result of medical treatment (whichever is later).

There are, however, some circumstances where the time limit may not start to run until a later date. For example:

Claims involving minors:

The 3 year time limit does not run until a minor’s 18th birthday meaning that a child has until their 21st birthday to pursue a claim. Until a child reaches the age of 18 they are required to have a ‘litigation friend’ to act on their behalf. Normally this is a parent of the child who is bringing the claim.

Capacity Issues:

Where an injured person lacks capacity to bring a claim then the 3 years limitation period does not start to run. If the injured person lacks capacity prior to or from the date of the injury then limitation does not start to run until that person has regained capacity. In the event an injured person does not regain capacity then the 3 year limitation period will never start to run.

It is important to remember that if a person lacks capacity after the date they were injured then the 3 year limitation period still runs and will not be suspended.   

Death:

If an injured person passes away during the 3 year limitation period then limitation is automatically reset. This means the deceased’s estate will have 3 years from the date of death to pursue a claim.

Knowing which time limit applies to you and whether you are still eligible to make a claim can be complicated. Given the potential complication we strongly advise getting in touch with one of our solicitors as soon as possible, no matter how long ago the negligence occurred. The longer you leave it the harder it will be to find a solicitor willing to take your case on.

No win, no fee medical negligence claims in South Wales

We generally work with our medical negligence clients under the benefit of a no win, no fee agreement. These agreements are known as Conditional Fee Agreements or CFAs. This allows you to start a claim without paying anything upfront, with our fees only being payable if we are successful in your claim.  If you are unsuccessful in your claim then you will not be charged a single penny.

We offer a free initial consultation to establish the basic facts of your case. At this meeting we will explain how our no win, no fee agreements work in more detail, giving you all the information you need to decide how to move forward.

Find out more about funding a medical negligence claim.

Medial accident claims FAQs

How much compensation can you claim for medical negligence?

This will depend entirely on the circumstances, including how serious your injuries are and the impact they have had on your life. We will provide a realistic estimate of your claim’s potential value early in the claim process, giving you a clear idea of what you may be able to achieve.

Normally compensation is split into two heads of loss – special damages and general damages.

Special damages are for specific financial losses incurred as a result of the injuries  sustained as a result of the medical negligence. This can include things such as loss of earnings, loss of pension, care and assistance, private medical treatment and buying specialist equipment. This head of loss includes both past and future financial losses

General damages are non-financial losses for pain, suffering and loss of amenity.

Do you need to go to court to claim medical negligence compensation?

Most clinical negligence claims are settled without the need for a court hearing through negotiation and other alternative dispute resolution methods. This allows you to avoid the stress and uncertainty of court proceedings, as well as meaning you can receive compensation faster and with lower legal costs.

In order to facilitate early settlement it is extremely important your claim is dealt with and investigated properly. That is where our trained solicitors come in to their own. With their wealth of knowledge and experience they have clear and understandable strategies in place from the outset to push your case forward to a successful settlement.  

It is isn’t always possible to settle your claim without having to commence court proceedings. Sometimes liability or fault is denied by the Defendant. Other times it is the only way to put a Defendant under pressure to deal with your claim. Our medical negligence lawyers are highly experienced in pursuing claims through the courts, so can offer the confident support and skilled advocacy needed to secure the best possible result, no matter how your claim progresses.

What can I do if I am unhappy with a medical negligence settlement?

If you have settled a medical negligence claim based on advice from another law firm and are worried your claim may have been undervalued, we can provide an independent assessment of how much we believe your claim could have been worth.

If we feel your claim was under-settled, we can help you make a professional negligence claim against your previous solicitors. This can allow you to recover the value of any compensation you missed out on.

Our Head of Catastrophic Injury, Keith Thomas, has particular experience with under-settlement of serious injury claims, having been instructed by the Official Solicitor in professional negligence claims against other solicitors for the mishandling of serious injury claims.

Why use our medical negligence solicitors in South Wales?

JCP Solicitors is recognised as one of the top personal injury law firms in Wales with most of our clients coming via recommendations from other solicitors thanks to our exceptional reputation.

Our clinical negligence lawyers have decades of experience, so know exactly what is needed for a successful claim. We can offer the clear, confident and compassionate support you need to achieve the best possible outcome for you and your loved ones.

We have been awarded the Law Society’s Lexcel Quality Mark for our high legal standards and we are regulated by the Solicitors Regulation Authority (SRA).

With several Welsh speakers and a dedicated Welsh language coordinator, we are happy to liaise with you in English or Welsh.

We have local offices covering the whole of South Wales, East Wales and West Wales in Cardiff, Swansea, Caerphilly, Carmarthen, Cowbridge, Fishguard, Haverfordwest, Pontypridd and St Davids.

Start a medical negligence compensation claim in South Wales

Get in touch with our medical negligence claims lawyers in South Wales now by contacting your local JCP office or use the contact form to request a call back.