The process header
How to claim

Our medical negligence claims process

Making a medical negligence claim can feel overwhelming, particularly after what you have been through. We’re always transparent about the process behind your claim, so you know exactly what to expect every step of the way.

Our clients don’t pay a penny unless we win their case.

  • No win. No fee.
  • No hidden costs
  • 100% risk-free
Start your claim
Step 01
A free initial consultation

If you believe you have a valid medical negligence claim, the first step is to contact our firm so we can assess what happened to you.

It costs absolutely nothing to reach out to us, and you can contact us in several ways:

  • Give us a call
  • Request a callback or video meeting
  • Complete our online “Start your claim” form
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Free consultation: Legal process to validate a negligence claim
Step 02
Funding your claim

Litigation is an expensive business, and we understand if you may be worried about the legal costs of making a claim.

At Gadsby Wicks, we promise to find a way for you to pursue your claim without having to pay any money to anybody. In your initial consultation with our nursing advisor, we will consider three risk-free methods to fund your claim…

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Funding your claim and no win no fee: Legal process for a negligence claim
Step 03
Investigating evidence

Once your funding is arranged, your assigned solicitor will ask you for information about your treatment, what you feel went wrong and the injuries you suffered. It is helpful to bring any information and evidence you have about your treatment to this meeting.

From here, your representative will work with you and other bodies to gather all evidence to support your claim.

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Evidence investigation: Legal process for a negligence claim
Step 04
Instructing independent medical experts

Upon receiving all evidence, we will send these to independent, suitably qualified and experienced medical experts in appropriate fields. They will review this and advise on whether a healthcare professional breached their duty of care to you, and if this caused your injuries.

Choosing the right expert(s) is crucial. In our 30+ years in medical negligence law, we have built an extensive database of medical experts who we have worked with on many cases. They are sympathetic to our Claimants’ circumstances and have a strong grasp of the legal process.

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Medical experts to review your case: Legal process for a negligence claim
Step 05
Valuing your claim

Compensation is the most tangible outcome of a medical negligence claim. It must be valued accurately to ensure you and/or your loved ones receive the financial support you need to secure your future.

We obtain a report from an appropriate medical expert detailing your medical history, present condition and prognosis. This shows the Court and the Defendants how the negligent acts you endured have affected you and your future, so all parties know the likely value of your claim.

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Valuing your claim for compensation: Legal process for a negligence claim
Step 06
Presenting your case

Once we have finished our investigations, we present your case to the Defendants. We send a Letter of Claim setting out your allegations. In response, they can either admit liability and offer to pay compensation, or they can dispute liability and/or the compensation amount.

If liability is admitted, we will enter negotiations with the Defendants to reach a fair, reasonable amount of compensation for your claim. If a settlement is not possible here, we will take you through every step of issuing court proceedings ahead of going to Trial.

Presenting your case: Legal process for a negligence claim
Step 07
Negotiating a settlement

It’s always sensible to negotiate a settlement outside court rather than pursue to Trial. You receive compensation faster, and it removes the stress and uncertainty involved in going to court.

We make every effort to settle your claim, but only to achieve a fair result that reflects the pain you have endured and your future requirements. We will advise you about every offer that is made and how to respond, and before any offer is accepted or refused, we will always discuss it with you. We only act on your instructions.

Furthermore, we will also advise you when to make offers to the Defendant to settle your claim and how to approach this.

Negotiating a settlement: Legal process for a negligence claim
Step 08
Preparing for Trial

If your claim is not settled it will proceed to Trial before a Judge. Although 96% of our cases settle outside the courtroom, we always prepare claims in anticipation of going to Trial to ensure you know what to expect.

As an adversarial process, the burden is on the Claimant to prove the Defendant was negligent. Before Trial, we will arrange for you to meet the barrister representing you, and advise you on how to handle yourself when giving evidence.

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Litigation and preparing for trial: Legal process for a negligence claim

We believe everyone has the right to justice, regardless of their financial circumstances. That is why we offer risk-free funding for all types of claims.

See how we can finance your case and secure your future.
Our funding options
96 percent of our cases settle without going to court

96% of our cases settle without going to court

Our approach and investigations are so thorough that the majority of clients don’t need to resort to the courtroom. Our solicitors work with specialist medical professionals to understand the nuances of what happened and get to the bottom of why it happened to you.

We guarantee to achieve the best possible outcome and while we aim to win compensation for you, we also ensure you receive the answers to your questions. You will have one solicitor assigned to your case who will work with you from beginning to end, guiding you, and keeping you informed every step of the way. We believe in getting you justice and building close client relationships along the way.

Client reviews for Gadsby Wicks specialist medical solicitors

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Lexcel accredited medical negligence claims solicitors

We are proud to be a Lexcel-accredited practice. The accreditation is a mark of quality and comes directly from the Law Society.

A recent assessment described us as a “Centre of Excellence” and we continue to operate to the highest standards across all main areas of our field. These include client care, case management, financial management, structure and strategy, people management, risk management, information management and file management.

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Uk chambers 2024
Iso 14001

Industry Recognised

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