If you believe someone close to you or whom you represent has died due to clinical negligence you can bring a claim for compensation in certain circumstances.
As with any claim, you have to show that there was a failure of care on the part of the provider, that this caused or contributed to the injury and that damage or loss resulted.
Judgements are based on medical records, witness statements and expert opinion, so it is well worth appointing a specialist Clinical Negligence Solicitor who can make a compelling technical case.
Some claims may be accepted by the defendant and compensation settled. Other cases will be decided in Court.
Claiming on behalf of the person’s estate
An executor, administrator or personal representative of the estate can bring a claim. If this is successful, compensation can be awarded for items such as:-
- Pain, suffering and loss of amenity (loss of amenity being the impact an injury has made on a person’s quality of life, including social life and activities one can no longer enjoy).
- Past financial losses, such as loss of earnings or expenses;
- Funeral expenses.
Claims by and for dependants
A claim can be made under the Fatal Accidents Act 1976 and if it is successful the Court can award the following:
- A bereavement award set by law at £11,800 to relatives who qualify;
- Compensation for loss of financial support for the deceased’s dependents;
- Funeral expenses.
What to do first
You have three years from the date of the person’s death to bring a claim, but it is a good idea to speak to a Solicitor as soon as you feel able, so that investigations can begin.
It is always a difficult time when you lose a loved one and we take great care to support our clients through the compensation process. The initial consultation is free and without obligation.
Lisa has more than 20 years’ experience of dealing with Personal Injury matters ranging from road traffic accidents to workplace injury and liability. She offers a sympathetic and professional approach to her clients’ problems and advises on funding options (including insurance and Conditional Fee Agreements.)
Her extensive knowledge of the Civil Procedure Rules, skills in evidence gathering and analysis of liability and causation, and experience in risk assessment and settlement negotiation make her a valuable asset to clients and colleagues alike.
She is also a member of Verisona Law’s Historic Abuse Team and undertakes documentary analysis, work relating to case evidence and the development of legal arguments to secure successful settlements. She is fluent in German and Persian.
Lisa also has experience in Civil Litigation regarding Debt Recovery, Breach of Contract, and Insolvency Law.
"Lovely, friendly, great people. Very understanding too and very good at what they do. Very happy with the result, many thanks again Lisa and everyone involved in my case."
"I would like to express my profound heartfelt gratitude to Lisa Gafarov for all her hard work and understanding when representing me. She fought passionately for my case for two years.
Within this time, never once did I feel it was about the money for her. She was very considerate and dealt with many personal matters in a caring and professional way. It was a very sensitive case but she put in a lot of hard work and went the extra mile each time. Her wide range of expertise was indispensable during this difficult time. Because of this I trusted all her advice and as a result, this took a lot of pressure off of me.
She managed to reach a very amicable conclusion between the defendants and myself. You don’t know how much your passion impacts the lives of others. For this I am forever grateful. I would recommend your firm a hundred times over."
Anonymous, April 2019
Lisa studied ‘Contract Law, European Law and Employment Law’ as part of her degree in BA (Hons) Business Administration. She has also studied other business subjects, including accounting.
Having completed her degree, Lisa started work for Verisona Law in November 1999 in the Personal Injury department as a Trainee Litigation Clerk and since then has developed extensive skills in relation to personal injury litigation and case preparation.
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