In order to prove that your accident or illness was caused due to the negligent actions of your employer, your solicitor will use the following evidence to build a case:

• Photographs of your injuries and the injury hazard – e.g. the wet floor or faulty machinery that caused the accident.
• Witness statements.
• Details of the accident recorded in the company accident book.
• Your medical records which show what treatment you received after the accident or diagnosis.
• An independent medical assessment of your injuries.
• Past payslips or tax returns to prove loss of earnings.

The clinical negligence claims process can be lengthy. As soon as you believe that you may have been affected, you should start keeping a record of any important information that may assist with investigation into your claim. Keep a note of relevant dates, times and names of anyone involved, and keep any supporting documents such as letters you receive from the hospital or GP surgery.

In order to support your claim it is important to supply your solicitor with as much information as possible about your treatment and the injury or illness that has been caused. Keeping a diary can be a useful tool  to record details of your ongoing  treatment and symptoms, and can also be used to record details of medical appointments and advice you have received.

It is also helpful to keep proof of any additional expenses that you have incurred as a result of the negligent treatment, including:

• Travel receipts to and from medical appointments.
• Evidence of any lost income due to time off work.
• Invoices from private treatment or therapy.
• Proof of purchase of any equipment or aids that you have needed to buy, such as installing hand rails, a wheelchair or walking stick.
• Details of any care and assistance you require as a consequence of your injuries.

Such expenses will be included by your solicitor when quantifying the value of your claim.

There are many stages of a clinical negligence claim. The steps below briefly outline the initial steps before it is necessary to issue a claim at Court:

Step 1: Instruct a solicitor – Contacting a solicitor to help you investigate your claim is essential and will make the process less stressful. Your solicitor will review the details of your treatment and consider the prospects of whether it is more likely than not to be successful.

Step 2: Investigation – Once you’ve instructed your solicitor they will investigate your case to establish whether the treatment you received was negligent. Your medical records will be obtained for review and a preliminary analysis of your treatment will be performed. 

Your solicitor will also instruct the help of an independent medical expert who will review the details of the treatment that you received and the effect that this has had on you. The medical expert will prepare a report in which they will comment on whether the treatment you received was substandard, and will assess the loss or damage caused by the substandard treatment.

The medical expert may also advise on whether any rehabilitation or further medical treatment and/or equipment is needed in order to aid you in your recovery. You will also be asked to provide a witness statement and full details of any losses you have suffered as a consequence of the negligent treatment.

Following investigation, if you have a case that has good prospects of success, the next step is to formally present details of your allegations to the defendant hospital/GP/medical organisation.

Step 3: Letter of claim – Your solicitor will write a Letter of Claim to the defendant, setting out the allegations of negligence in respect of your treatment, and detailing the losses you have suffered as a direct consequence of the negligence.

The Letter of Claim will also set out an estimate as to the value of the claim. Upon receipt of the Letter of Claim the defendant will have a 4 month period to investigate the allegations and to provide a formal response, in which they will have to confirm whether they accept or deny liability.

Step 4: Reaching a settlement – If the defendant accepts liability negotiations will commence between the legal representatives of the claimant and the defendant in order to reach an agreed settlement.

If the defendant denies liability, or settlement cannot be reached through negotiation, then your solicitor will discuss the next steps with you, which may involve commencing court proceedings.