WHY SHOULD YOU USE A SPECIALIST PRESSURE SORE SOLICITOR TO INVESTIGATE AND BRING A CLAIM FOR PRESSURE SORE COMPENSATION?
You need a Specialist Pressure Sore Solicitor because such claims are complex. It is not possible to bring such claims without legal representation.
Why Do I need Legal Representation to Bring the Claim?
- To bring such a claim you need to identify if there has been negligence by the person or organisation providing the care. This is a complex issue of fact and law.
- It is also necessary to find out what the extent of the injury is. That is the amount of damage that has been caused by the fact that the pressure sore has not been correctly identified and treated.
- Thirdly the amount that the claim is worth needs to be calculated and valued. A Specialist Pressure Sore Solicitor will be able to refer to previous cases that have been decided by the Courts and by using these cases and other specialist reference books decide how much the person bringing the Claim should be entitled to at law.
- Finally the specialist Pressure Sore Solicitor needs to negotiate a settlement figure with the Solicitors acting for the Nursing or Care Home or Hospital Trust and if an agreement cannot be reached then legal proceedings will be required.
What Happens if Legal Proceedings are Necessary?
The vast majority of cases do not go to court and even fewer of those reach a final trial. However that does not meant that court proceedings do not require detailed preparation.
The Court process (and the process before legal proceedings) are governed by a series of rules in the Clinical Negligence Protocol http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_rcd and then the proceedings themselves by the court rules know as the Civil Procedure Rules. http://www.justice.gov.uk/courts/procedure-rules/civil
These rules mean that a Pressure Sore Solicitor will need to make detailed preparation and the use of a barrister at an early stage to ensure that if the case goes to trial the case can be properly presented. This may require the obtaining of detailed witness statements and various experts reports to assist the Judge in making a decision at the final trial if necessary.
How Will A Case For Pressure Sore Compensation Be Funded?
In most cases a claim for Pressure Sore compensation will be funded by a No Win No Fee Agreement and the Pressure Sore Solicitor will explain this in detail before starting the case. No money will be required from the person bringing the case at any stage during the course of the proceedings and if the case is not successful there is no liability for legal costs
How Much is a Pressure Sore Claim Worth?
There is no easy answer to this question. The amount will be determined by how serious the Pressure Sore injury is and the extent of any recovery and how this has affected any other conditions suffered by the Claimant. Your Pressure Sore Solicitor will be able to fully advise on all aspects of this as the case progresses.