“The team has kindness towards their clients and they understand exactly what a complex medical situation is about.” – Chambers & Partners UK
If you or a member of your family has suffered serious harm as a result of medical negligence we can help. We have a long track record of recovering maximum compensation in cases spanning all fields of medicine.
We focus on finding solutions which meet the individual needs of our clients, who are often coming to terms with life altering injuries or changes in family circumstances.
Our team is ranked in the Chambers and Legal 500 directories. Our lawyers are experienced in helping injured people and bereaved families navigate the legal process to obtain much needed financial compensation.
We understand that you may be anxious about bringing a legal claim, so we make the process as straightforward as possible. We investigate cases thoroughly, involving the best experts and barristers, to maximise the chances of success. Our clients are involved at every step of the way.
In most cases we are able to offer funding options, such as ‘no win, no fee’ agreements, so that our clients do not have to worry about how to pay for their claim.
A practical guide explaining how to access your medical records, what to expect and why they are essential for potential medical negligence or personal injury claims.
We will be on your side every step of the way.
We are here to help. Call our New Client Team at +44 (0)20 7814 1200 to discuss your situation. There are legal time limits for bringing a claim, so don’t delay.
The first step is a meeting with one of our specialist solicitors. If you decide not to proceed afterwards, we will not charge you.
If you wish to go ahead with a claim, there are usually a number of funding options. The most common is a “no win, no fee” agreement.
We will gather and analyse evidence, such as medical expert report and witness statements, to build your claim carefully and to calculate the amount of compensation.
If the evidence supports your claim, we will seek to negotiate a settlement. It is sometimes necessary to begin Court proceedings; but very few cases reach trial. We often obtain large settlements for clients. We will take the time to get to know you and ensure compensation is bespoke to meet your needs.
Use the FAQs below to find out more about bringing a claim and the way in which Kingsley Napley can support you and your loved ones through the process.
If you have suffered an unexpectedly poor outcome from medical treatment or a personal injury and would like to discuss the possibility of bringing a claim, please contact us or call 020 7814 1200.
Anyone who has been injured or has suffered a deterioration in their health, as a result of medical negligence or due to an accident that was, at least in part, someone else’s fault, may be able to bring a claim for compensation.
Compensation can provide funds for life-enhancing, high quality care and support, as well as compensation for losses, such as lost earnings and pension (including in relation to self-employment).
If someone has died, the Executor(s) of their Estate or their dependents may be able to claim for compensation.
To help you consider this further, see our Do I have a case? page.
We are a highly experienced team, specialising in medical negligence and personal injury, and committed to achieving the best outcome for every client. Each of our cases is run by a specialist lawyer and led by a partner. We work with leading experts and barristers to ensure that every case has the best opportunity to succeed.
We frequently achieve very substantial settlements in a range of claims, including multi-million pound settlements for adults and children who have suffered catastrophic injuries. In some cases, this has included settlements of well over £20million.
Our expertise is recognised by high rankings in the legal directories Legal 500 and Chambers UK. We are also members of specialist panels and organisations which represent injured people including Action against Medical Accidents (AvMA).
For further information, including comments from our clients and the legal directories, see Why Instruct Kingsley Napley?
Yes. We are happy to meet with you to discuss the possibility of bringing a claim. We will explain clearly what is involved and how claims are funded. If you decide that you do not want to take things further, there will be no charge.
If a claim is for a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.
If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.
A claim relating to someone’s death can be brought by the Executor(s) of their Estate or the deceased’s dependant(s). “Dependent” is a wide term and can include:
We can advise on whether you are entitled to bring a claim in connection with someone’s death. We can also help you with any further steps you may need to take to represent their Estate (such as obtaining a Grant of Letters of Administration if the deceased died without leaving a Will).
We offer a number of ways of funding a claim. Most of our cases are funded by Conditional Fee Agreements (popularly known as “no win, no fee” agreements).
In some cases, clients are able to use a Legal Expenses Insurance policy to fund their claim or they may choose to fund their claim privately.
For more information, see our How are claims funded? page.
Our team approach means that your case will be dealt with by a specialist lawyer, led by a partner, and supported by more junior members of the team. You will receive regular updates and will be able to contact your lawyer if you have any questions. We will advise you and ask for your instructions whenever a decision needs to be taken.
We use leading experts and barristers in the fields of medical negligence and personal injury to maximise the likelihood that claims will succeed. Typically, there will be case conferences during your claim with the barrister and expert(s), which you will be able to attend.
You will be closely involved throughout the process.
Yes. Clients sometimes decide to transfer their case to Kingsley Napley from another firm of solicitors. There are a variety of reasons for this. Some clients did not realise at the beginning of their claim that they would need specialist solicitors. Others have been advised that their claim will not succeed and ask us to consider investigating their case further.
Some people choose to transfer their case because we also offer Deputyship services for children and adults who are not able to manage their compensation themselves.
For further information on when it might be appropriate to transfer your case and the process for doing so, see our Can I transfer a case to Kingsley Napley? page.
We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that an injury or worsened medical condition was caused by negligence.
We also calculate the amount of compensation to be claimed. Typically, this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible) or their insurer.
In some cases, settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.
Probably not. The vast majority of medical negligence and personal injury claims are not decided by the Court. Successful claims are usually resolved by agreeing a settlement either before or during formal Court proceedings.
Occasionally; however, the Court will decide a case, if it cannot be resolved any other way.
Where compensation is agreed for a child (or for an adult who does not have ‘mental capacity’), the Court will be asked to consider and approve the settlement. This is a safeguard required under the Court rules to ensure that the settlement is in the best interests of the injured person.
We tailor the compensation claimed to meet the needs of the injured person.
The first step is to consider how the disabilities have affected their life and whether that will change in the future. We then calculate the amount of funds required to meet their additional needs and compensate them. Depending upon the circumstances, this may include funds for:
We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs. This can include predicting the long-term needs of disabled children and adults over their whole lifetime, to ensure that they are fully compensated.
If someone has died, the claim usually relates mainly to compensating the deceased’s dependents for the practical and/or financial support which they would otherwise have received from the deceased.
Medical negligence and personal injury claims usually involve detailed investigation and expert evidence. Therefore, they often take several years to resolve.
Our approach is to seek an admission of liability (i.e. that negligence occurred and caused injury) as early as possible in the process.
When liability is established, the Defendant usually has to pay part of the compensation immediately. This allows the injured person’s needs to begin to be met, while the work to quantify the full amount of compensation continues. In a high value claim, this interim payment can be substantial and might cover; for example, the cost of a private care package and purchasing specially adapted equipment or accommodation.
Wherever appropriate, we will involve experts to advise on the injured person’s needs. For example, this might include specialist doctors, physiotherapists, occupational therapists, speech and language therapists or experts in technology and accommodation for disabled people. The experts’ recommendations are used to calculate the compensation. These recommendations can also provide the injured person with information about the rehabilitation and specialist therapies which are most suitable for them.
We are signatories to the Serious Injury Guide. The Guide applies to high value personal injury claims and encourages Defendants to agree to early access to rehabilitation (to maximise the chances of recovery), as well as encouraging early resolution of claims. Many Insurers are also signatories to this Guide.
We can advise on personal injury trusts to protect your entitlement to state benefits.
If the child is likely to have ‘mental capacity’ when they reach adulthood, the Court will usually hold the compensation for them until they are 18. Before that age, funds can be released from the Court to meet their needs.
If the child will not have ‘mental capacity’ to manage their financial affairs as an adult, a professional ‘Deputy’ is usually appointed to manage the funds on their behalf. The Deputy will release money and support the family to ensure that the child’s needs are met in an appropriate way.
See Kingsley Napley’s Court of Protection and Deputyship page for further details about the role of a professional Deputy.
Medical records are usually the starting point for our investigation of a claim. With your permission; we request these records directly from the treatment provider(s).
Our clients sometimes wish to obtain copies of the medical records before deciding whether to begin a claim. Please see our Guide to Accessing Medical Records for further information on how to request records yourself.
There are strict time limits for bringing a negligence claim for injury or death in England and Wales. This is called the limitation period.
For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).
Where a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.
Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).
There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.
It takes time to investigate a claim, so you should contact us as soon as possible.
