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Questions

We understand that you will no doubt be bursting with questions about what has occurred in your case and general questions about investigating a Medical Negligence Claim.

Whilst we cannot answer all your questions on this site (we will leave that to your Lawyer), we can answer some of the more common questions that arise.

The questions that are answered on this page are:

How will my claim be funded?

Please see the Funding Page for information.

Will it cost me?

That depends on the funding method that is used.

In certain circumstances, due to the high costs of medical negligence claims, you may be required to fund the disbursements as they arise. Disbursements include medical reports and medical records.

If you commence Court Proceedings and obtain insurance, you will recover the costs that you have paid should your claim be unsuccessful. If you are successful, you will recover the costs that you have paid from your opponent.

Please speak to your legal advisor for more information. Remember, you should never have to pay your legal advisor’s fees for the duration of the claim. You may have to privately fund your claim for the initial investigation stage.

All our Panel Members can and will undertake your case on a No Win No Fee agreement in appropriate cases.

How long will my claim take?

How long do I have to make a claim?

Medical Negligence claims are subject to a three year limitation period. That is, there is a three year time limit in which to commence Court Proceedings.

The Limitation period will commence either:

  • From the date of the alleged negligence; or
  • From the date that you knew or ought to have known that you had an injury and that it was caused by negligence.

It is therefore imperative that you seek legal advice as soon as possible.

Where the claim relates to a child under 18, the limitation period will be three years following the child’s 18th birthday.  Where a person is incapacitated as per the Mental Capacity Act, the limitation period will not run (at least during the period of incapacity).

Limitation can become complicated and you should therefore seek advice from your Medical Lawyer.

Who are Medical Claims Online?

Please see About Us page or download our PDF “About MCO“.