Accident and emergency claims

Accident and emergency claims

For finding answers and getting justice

A sudden injury or illness that requires a trip to the emergency department can be distressing. When the medical staff in the accident and emergency department (A&E) meet their duty of care to you and treat your condition effectively, this can be comforting. However, A&E staff constantly juggle priorities and respond to urgent needs. This means that doctors and other medical staff sometimes make the wrong decision.

In the most serious circumstances, this can cause further injury, or cause your original condition to get worse. The experience of rushing to A&E only for your health to worsen due to negligent care would be devastating.

If you’ve suffered an injury or health problem because you received negligent medical care, you may be able to claim A&E compensation. In the worst failures of care, patients may die due to medical mistakes. In these cases, you may be able to claim compensation on behalf of a loved one.

Call the expert legal team at Switalskis today on 0800 1380 458, or get in touch through the website.

How Switalskis can help you

Whatever the outcome of your negligent treatment in an A&E department, you have a right to claim compensation, recover any financial losses, and get the support you need to continue with your life. Choosing Switalskis as your legal partner means benefiting from many years of combined experience in making compensation claims, and securing an ally in your fight for justice.

Members of our team are accredited by both the Law Society and AvMA (Action Against Medical Accidents) in recognition of their expertise in this field. We know what it can be like to recover from a serious injury caused by mistreatment at the hands of a medical professional. As such, we can advise you on the things you might need: like any medical treatment that could help, or any adjustments to your home, vehicle or lifestyle that could make things more comfortable. Your compensation can be used to pay for the things you need, and working with one of our experts will give you a better understanding of your options in the aftermath of a medical negligence incident.

Recognising the comprehensive needs of A&E claims, our solicitors are extremely thorough in their approach. We’ll work alongside you to gather evidence and build your case so that it has the strongest chance of success. This might include reviewing your medical records, speaking to experts who can provide testimony, and examining evidence of how your condition or injury affected your life.

We’ll stay in touch throughout the process and keep you fully up to date with any changes. If you need help in managing financial matters due to the nature of your injury, we’re able to apply for interim payments. This means you’ll receive a part of your final compensation award before your case concludes, which can help ease any financial burden that your injury or illness has imposed.

Whatever support or legal advice you need, contact Switalskis today. Our team recognises the importance of fighting for justice if you are treated negligently in an A&E department. It’s not just about the money - it’s about making sure your pain and suffering are acknowledged, that the negligent party accepts their wrongdoing and that the same mistake doesn’t happen to someone else.

Read what our clients had to say about the help they received from Switalskis

What is accident and emergency negligence?

Medical negligence is rare in A&E departments, but mistakes can happen. They usually relate to tests and examinations not being thorough enough, or medical staff failing to follow up properly after an examination.

You may have experienced A&E negligence if the medical professional in charge of your case failed to do any of the following:

  • Complete a thorough examination
  • Record a thorough history of your injury or condition
  • Ensure that X-rays or other necessary scans were completed
  • Refer you to an appropriate specialist, where necessary

If you were sent home while your condition remained untreated, this may also be considered negligence. To make a compensation claim, this failure to meet standards must have caused your condition to deteriorate or even caused a new injury.

The high-pressure environment of an A&E ward is often the cause of these kinds of mistakes. The only way to pursue justice and reduce the chances of this happening to someone else in the future is to make a compensation claim.

Am I eligible to make a medical negligence claim?

To make an accident and emergency negligence claim, you must prove that both of the following are true:

  • The care you received during a trip to an accident and emergency ward resulted in clinical negligence.
  • This negligent care caused a new injury or illness or made an existing injury or illness worse.

There are many actions a medical professional can take that would be deemed negligent. For example, if symptoms were missed and you received incorrect treatment for your condition, or if you received delayed treatment for an injury that should have been addressed more urgently. If negligence occurred that caused a subsequent injury - for example, if medical procedures were performed incorrectly - this is another factor that may allow you to claim.

The best way to learn whether or not you can claim accident and emergency compensation due to medical negligence is to speak to an expert. Call the team at Switalskis for a free consultation, discuss your circumstances with us, and we can tell you what steps you should take next.

What is the medical negligence claims process?

Making an A&E negligence compensation claim can seem like unnecessary stress, especially if you’re mourning a lost loved one or recovering from an injury. However, the process is actually relatively straightforward in most cases. An experienced medical negligence solicitor can handle many of the responsibilities on your behalf. This means that you can benefit from compensation while focusing on what matters most: rebuilding your life.

When you make an accident and emergency claim, the process will unfold as follows:

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation. During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If we decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case. This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We’ll take a detailed witness statement to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved. This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim in a letter of response. This letter will include whether the defendant accepts they are at fault, which is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or medical practice has admitted fault, negotiations can start. Our accident and emergency negligence solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we’ll discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation, without needing to go to court. In the rare instances where the case does go to trial, you can trust us to represent you throughout the process.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

How much compensation will I receive from an accident and emergency claim?

There are many different types of negligence you can experience at the hands of a medical professional. The amount of compensation you could receive depends on your injury or illness, the type of negligence, and the circumstances around it. A more serious or significant injury will generally result in more compensation.

Compensation payments are divided into two main categories:

  • General damages are awarded for the pain, suffering and loss of amenity you experienced as a result of the negligence. This covers not just physical pain, but also emotional distress, and the impact on your ability to enjoy your life. For example, if your injury means you can't take part in the same activities you used to, this will be factored into the calculation. General damages essentially work to compensate you for the non-monetary aspects of the harm you suffered.
  • Special damages are intended to compensate for any financial losses you incurred as a result of the negligence. This can include lost earnings, if you took time off work while you recovered, and loss of future earnings if you can't work anymore because of your injury. If you paid for private medical treatment and care or had any other expenses related to your injury, these will be covered. Special damages aim to return you, as much as possible, to the financial position you would have been in had the negligence not happened.

All of these factors can affect how much compensation you might be owed. It's important to remember that compensation amounts can vary significantly from case to case. This makes it difficult to offer an accurate estimate without discussing your individual circumstances with you.

For an estimate of the compensation you could potentially receive from your accident and emergency medical negligence claim, get in touch with Switalskis. Our dedicated medical negligence lawyers will be happy to discuss your specific circumstances.

Remember, we're not just here to guide you legally - we're here to offer understanding, empathy and support during these challenging times. We know that some injuries caused by clinical negligence can be life-changing, and in recognition of that, we work hard to secure the maximum compensation amount that you are entitled to.

How much does an accident and emergency claim cost?

Potential costs are among the biggest concerns our clients have about claiming compensation. At Switalskis, we’re committed to making the process as accessible as possible by offering various funding options to meet your needs:

  • No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund an accident and emergency negligence claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
  • Legal aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Remember, your first consultation with our clinical negligence solicitors is free and without obligation. We’ll discuss the funding options available to you and help you choose the best one for your situation.

Our accident and emergency claims specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Why Switalskis?

Emergency departments have a responsibility to take the best possible care of you. It can be devastating when mistakes happen, both physically and emotionally. Place your trust in Switalskis, and we’ll help to put things right.

Clarity in complexity

We always use clear, understandable language to make A&E compensation claims as simple as possible for our clients. Legal terminology can be complicated, but we’ll always be just a phone call away to answer any questions you may have during the process.

Empathy at every step

We recognise that, at the heart of every case, there’s a person who needs our help. Rather than viewing you as simply a client, we take the time to properly examine your circumstances and understand how you are affected. This means we can offer the right advice for you, and manage your case in the way that best meets your needs.

Expertise you can trust

Succeeding in an A&E claim and securing medical negligence compensation means building the strongest possible case. The team at Switalskis is experienced in making accident and emergency compensation claims, and we know how to manage your claim to get you the compensation you deserve.

Championing your rights

Upholding your rights is the foundation of our work. When you have the right to claim A&E negligence compensation, we’ll work tirelessly to make sure you receive the full amount you’re owed. Your solicitor will also provide the information you need to make decisions and ensure your voice is heard throughout this process.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

Accident and emergency negligence can make a difficult time of your life even worse. Our expert solicitors are here to talk you through the challenges you are facing and help to put things right.

Call Switalskis today on 0800 1380 458 , or contact us through our website to find out more about the services we provide and how we can support you.

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