The time limit, or limitation period, for making a surgery negligence claim is important to be aware of. Usually, you must make your claim within three years from the date of the negligent surgery, or from the date you first realised that your injury or illness may have been caused by negligence. This is known as the 'date of knowledge'.

However, it's important to note that there are exceptions to this rule. For instance:

• Children: if the surgery negligence occurred when you were under 18, the three-year time limit only starts to run from your 18th birthday, meaning you have until you're 21 to make a claim.
• Mental capacity: if the person affected by the negligence lacks the mental capacity to manage their own affairs, there may be no time limit for making a claim. This rule can often apply in cases where a person has suffered severe brain damage as a result of surgical negligence.
• Fatal cases: if a loved one has tragically died as a result of surgery negligence, you usually have three years from the date of their death to make a claim.

Regardless of your situation, we recommend getting in touch with our team of expert surgery negligence solicitors as soon as possible. The sooner we can begin investigating your claim and gathering essential evidence, the better positioned we’ll be to help you secure the compensation you deserve.

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 a surgery 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 liasing 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.

Surgery negligence claims, like any other type of legal proceeding, can vary significantly in length. It's difficult to give a definitive timeline as every case is unique, and comes with its own set of circumstances that can influence how long the process may take. However, to offer a broad idea, a surgery negligence claim can take anywhere between several months to a few years to resolve.

The duration of your claim depends on several factors, including the complexity of your case, the willingness of the other party to settle, and the amount of evidence needed to prove negligence. If the case is complex, involving intricate medical details, it could require more time to gather all necessary evidence, including medical records and expert testimonies.

Cases where liability is disputed may also take longer, and could potentially progress to a court hearing - this is rare. Alternatively, if the opposing party is quick to admit fault and agree to a fair settlement, the claim process could be significantly shorter.

Rest assured, our team of experienced surgery negligence solicitors will work diligently and efficiently to progress your claim as swiftly as possible, keeping you updated at every stage. We understand the emotional toll these proceedings can take, and we aim to provide not just legal support, but also emotional reassurance during this challenging time.

Always remember - the ultimate goal is to achieve the best possible outcome for you, and sometimes, this requires patience and thoroughness. Even if the process takes time, we're committed to ensuring that you receive the full compensation you deserve for the negligence you've suffered. In most instances, we can request interim payments to help cover the costs of any expenses while your case is being progressed.

The question of compensation in a surgery negligence claim is an important one, but it's also difficult to provide an exact amount due to each case being unique. With varying circumstances, injuries and impacts on the claimant’s life, it’s difficult to pinpoint an exact figure without a detailed examination of your case.

However, the main aim of the compensation in surgery negligence cases is to put you, as far as possible, back into the position you would’ve been in if the negligence hadn’t happened. This means the compensation awarded will typically cover:

• General damages: this is for the pain, suffering and loss of amenity you’ve endured as a result of the negligence. Previous cases are usually used by the courts to decide how much compensation will be awarded for different types of injuries, from minor to severe.
• Special damages: this is intended to cover financial losses you've incurred due to the negligence. This could include loss of earnings, the cost of care and assistance, medical expenses and travel costs.
• Future losses: if the surgery negligence has led to long-term or permanent injuries that will affect your ability to work or require ongoing care, the compensation will take this into account as well.

Our experienced surgery negligence solicitors will make sure that all aspects of your loss are accounted for. We work with medical experts to assess the full impact of your injury on your life, not just now but also in the future, to ensure that you receive a compensation amount that’s reflective of the severity of harm and loss you've suffered.