Personal Injury &
Clinical Negligence
As specialists in injury claims, Spires Legal always understand the dispute from your perspective.
With decades of experience in the law, we provide expert, flexible and practical advice,
to find a resolution to your problem.
There are various routes to resolve disputes. Here is a quick guide to your options:
Road Traffic Accidents
We specialise in all types of road accidents, involving vehicles, cyclists and pedestrians.
Accidents at Work
We specialise in claims for workplace accidents, involving machinery, chemical spills, and all aspects of the system and place of work.
Trips and Slips
Trips and slips can occur on private premises or in public spaces. We cover all these types of claims.
Clinical Negligence
We specialise in claims against medical practitioners including hospitals, doctors and dentists.
Spires Legal offer all these services and have extensive experience in the following areas:
Business
Defending claims
Risk assessments
Disputes
Technology
Construction
Property
Individual
RTAs
Trips and Slips
Workplace
Clinical Negligence
Personal Injury and Medical Negligence
Any personal injury or medical negligence can result in poor health, incapacity, even death and as a legal area should not be handled lightly, but considered seriously.
If you are considering whether you have a claim against an organisation or individual, you would benefit from talking through with our experienced team the options relating to damages and compensation. We can also examine how a claim would be progressed and funded.
Where health is concerned, it is imperative to seek appropriate legal advice from genuine experts.
Funding Options
Spires Legal are happy to seek privately funded treatment, wherever appropriate, and/or interim payments during your claim.
No Win-No Fee
If you don’t win, you simply don’t pay.
Also known as a contingency or conditional fee agreement (CFA) – this means you don’t need to worry about paying for upfront legal fees. If you’ve been injured because of the negligent actions of someone else, you don’t deserve to experience financial worries on top of this. If we agree to take on your case and you don’t win any compensation, you don't pay our fees. No risk and no catch. We always take every step possible to ensure that our clients don’t suffer financially in any way because of their choice to pursue a claim for compensation. In fact, making a no win-no fee claim with our legal experts can be the best way to ensure that you’re able to access the specialist treatment and rehabilitation that you need, without worrying about the costs mounting up.
How do no win-no fee claims work?
A no win no fee agreement means that you’ll only ever pay legal fees if your case is successful. This means that your solicitor will need to take out an insurance policy on your behalf, covering you for all legal costs if your case is unsuccessful. If you win your claim, the other side will pay most of your legal fees. A success fee will be taken from the compensation you are awarded, though this will only ever represent a fraction of the total sum. Where we offer “No Win No Fee” services, the client pays 25% of the amount recovered by us, although this will be subject to individual cases and the actual fee may be less than this, but it will never be more.
What types of claims do we offer on a no win-no fee basis?
No win no fee agreements cover a range of cases, usually involving some sort of injury. Whether you were injured at work, in a public place, or have been involved in a road traffic accident, our experts could help you make a compensation claim on a no win no fee basis. Some of the most common scenarios resulting in a no win no fee claim, include: •Road traffic accidents (add link to the RTA section) •Medical negligence •Accidents at work •Accidents and injuries abroad •Injuries in public places •Industrial disease •Faulty product claims •Asbestos related illness •Military accidents
How to make a no win-no fee claim
If you’re looking to make a claim on a no win no fee basis, the first step is to get in touch with us for a free, confidential discussion about your claim. It helps to have access to as much evidence and information as possible during this discussion, including: •Copies of any receipts or relevant correspondence •The contact details of other parties involved in your incident •Photographs of the injuries you’ve sustained Having this information to hand can help to speed the process along, though if you’re struggling or cannot access any documents, don’t worry; our experts will be on hand to help you through the process every step of the way. They’ll review the information you provide, and advise you on the best way forward, including all funding options. Once it’s been established that you’d like to progress with your claim on a no win no fee basis, a Conditional Fee Agreement (CFA) or insurance policy will need to be signed, and your solicitor will be able to get to work on building your claim.
No win-no fee settlement
The process of valuing a no win no fee injury claim is complex and requires the work of an experienced legal expert. Our personal injury specialists constantly strive to provide the best possible outcome for our clients and will always carefully review and consider any settlement offers or negotiations before presenting them to you with their expert advice.
Contributory Negligence
Personal injury claims and their funding often rely upon a finding of negligence against a defendant. However, a court does not simply consider negligence or breach of duty in isolation. It also must consider the possibility of contributory negligence on the part of the claimant if such is alleged by the defendant. As a result, whilst a defendant may be found liable to the claimant, the award of damages may still be affected by a reduction, usually as a percentage or fraction, in line with the contributory negligence. A recent case of Hoadley v Siemens Gamesa Renewable Energy is a good example of this. Mr Hoadley was employed by the company as a wind turbine engineer who had a reputation of being diligent at work and was known as “Mr Safety”. In the course of his work he was checking a mechanism that spins the blades when he realised that his arm was stuck at the same time as he realised that the blade that he had thought was stationary was, in fact, slowly moving. The blade ultimately amputated his arm. This occurred because the last engineers to leave the site had turned the power on without adequately notifying colleagues. The claimant was found to be one third contributorily negligent for “failing to plan the work and for assuming what he should not have assumed” and will have that amount of damages deducted from the full valuation. Negotiating a settlement involving contributory negligence requires a good understanding of the court’s approach and experience of previous cases and outcomes. Spires Legal personal injury team possess such assets allowing clear guidance as to the likely outcome and the reasonableness of any offers from defendants, as well as the ability to negotiate the best outcome for our clients. However, it’s important to remember that while our specialists always ensure to offer advice with your best interests in mind, including whether to accept a settlement, the final decision is always yours. If you’ve been offered a settlement amount in your no win no fee case, and don’t wish to accept this offer, we’re on hand and ready to take the next steps with you in progressing your claim and fighting for more.
How long will a personal injury claim take?
How long a personal injury claim takes depends on the severity of the injuries sustained and the complexity of the claim. A simple claim could take a few months to one year, while a particularly complex claim could take years. As well as the severity of the injuries, other factors that can delay a personal injury claim include: -establishing the full extent of the injuries (through medical assessments and expert analysis) -obtaining and reviewing evidence -identifying all those involved and establishing fault (liability) -undertaking litigation if liability is disputed. It's important to take the first step in a personal injury claim as soon as possible, as strict legal time limits apply. Generally, the deadline to make a legal claim is 3 years from the date the injury occurred. If a claim has not been brought within this time, then it will no longer be possible to make a claim (other than in exceptional circumstances).
Medical Negligence
If you’ve suffered because of medical malpractice, Spires Legal are here for you. Our experienced medical negligence solicitors will take the time to understand what you are going through, helping you get the answers and compensation you deserve.
What Is Medical Negligence?
Medical negligence is when medical professionals make mistakes or fail in their duty of care to you, leading to injury or making an existing condition worse. There are several ways that medical negligence can happen, such as misdiagnosis, incorrect treatment or surgical mistakes.
How Do You Make A Medical Negligence Claim?
The first step to making a medical negligence claim is to contact us as soon as possible. We offer a free initial consultation where we’ll be able to tell you if we think you have a case and how much compensation you might be able to claim. Contacting us early allows us to start work on your case while the details are still fresh in your mind. If the NHS or private healthcare provider in question admits responsibility early then we may be able to get you interim compensation payments to help with your rehabilitation. Interim payments are made ahead of your final compensation settlement and can help with some of the immediate daily living and medical costs you may be facing.
What Are Time Limits For Making A Medical Negligence Claim?
You usually need to start a medical negligence claim within three years of finding out you've received negligent treatment (you may not realise straight away but only after your injury or illness becomes worse). However, there are a couple of exceptions to this rule: Children – medical negligence claims involving a child can be made any time before your child turns 18. On your child’s 18th birthday the three year rule comes into effect, so a claim needs to be started before they turn 21. Mental Capacity – if a person lacks the capacity to make a claim themselves, there's no time limit for making a claim.
How Long Do Medical Negligence Claims Take?
How long it takes for a medical negligence case to settle will depend on a number of things – most important will be the severity of your injury and whether the NHS or private healthcare provider responsible accepts fault. While we aim to settle medical negligence claims within a few months, more complicated cases can take a few years to settle.
Can You Make A No Win-No Fee Medical Negligence Claim?
We make most medical negligence claims on a no win-no fee basis. This means you won't pay anything upfront and will only pay if your claim is successful. If you win your case, your opponent will pay most of your legal fees with the rest coming out of your compensation award. We’ll keep you fully updated throughout your claim, so you know how much compensation you're likely to receive.
Hospital Negligence
Hospitals should be a safe place to go when you’ve been injured or fallen ill. However, if you don’t receive the quality of treatment you deserve, the consequences can be life changing. Our solicitors could help you claim compensation if you’ve been affected by negligent hospital care. We have helped many clients in cases involving: •A&E negligence •Delays in treatment •Hospital acquired infections (including MRSA and C. difficile) •Misdiagnosed conditions •Neglectful care by staff (including pressure sores) •Surgical mistakes •Pregnancy and gynaecology injuries •Group claims against individual surgeons, doctors, or institutions •Pharmacy and medication error claims •Serious injuries. Spires Legal have experience holding both NHS trusts and private hospitals to account for negligent treatment. We can handle most claims using a no win-no fee arrangement. This means you won’t need to pay anything if your claim doesn’t succeed.
Dental Negligence Claim
Whether you’re a private patient or are treated by the NHS, you’ve a right to expect a reasonable standard of care from your dentist. However, mistakes in dental treatment are common occurrences. If you’ve experienced this, we know how painful and traumatic it can be. Dental negligence can include: •Delayed or misdiagnosis of oral cancer •Permanent nerve injury claims •Periodontal (gum) disease claims where untreated gum disease has affected multiple teeth •Cosmetic and restorative dentistry claims such as bridges, implants or root canal treatment •Orthodontic claims as a result of braces or teeth straightening.
Misdiagnosis Claim
What is misdiagnosis?
There are two main types of misdiagnoses: Incorrect or missed diagnosis - when a medical professional diagnoses you with the wrong condition or fails to diagnose any problem at all. Late diagnosis - when your condition is identified late, causing delays in treatment. A misdiagnosis can be made by any NHS or private medical professional who’s responsible for diagnosis. Misdiagnosis may occur if your GP or consultant fails to interpret test results accurately, examine you properly or refer you to the correct specialist.
How do I claim for misdiagnosis?
You can arrange a free first meeting with one of our expert solicitors to discuss your case. If we think you have a claim then, with your permission, we’ll start to investigate what happened. To prove your misdiagnosis case, we have to show that your doctor or other medical professional has been negligent in their care of you. If we take your case, we’ll gather evidence in support of your claim and aim to help you access compensation as quickly as possible. We settle most cases out of court, but if your claim has to go to court, the team at Spires Legal will support you fully throughout.
Which conditions are commonly misdiagnosed?
Professionals can make mistakes when diagnosing many different conditions. Some of the most common include: •Cancer •Diabetes •Meningitis •Stroke Illnesses that are commonly misdiagnosed tend to have symptoms that are difficult to detect or are easily mistaken for something else. A misdiagnosis for any of these conditions can have serious consequences and you may be entitled to compensation if this has happened to you.
What Time Limits Are There When Making A Misdiagnosis Claim?
You’ll usually need to make a claim within three years of becoming aware of your misdiagnosis. If you’re claiming on behalf of a child there is no time limit until they turn 18, from 18 the three-year rule applies. If you wish to make a claim on behalf of a loved one you believe died because of misdiagnosis then you need to claim within three years of their passing.
Road Traffic Accident (RTA)
If you’ve suffered a form of injury due to a road traffic accident that was not your fault, then you could be entitled to compensation and the rehabilitation you deserve.
It is important to contact solicitors as soon as possible. Insurance firms often try and settle claims directly, which can mean you get less compensation than you're entitled to. Call us and we'll give you a free initial consultation where we let you know if you're likely to have a successful claim and the process is fully explained.
Even minor car accidents can leave you with long-term injuries. Insurers may try to make you an early offer, but it's important to take impartial legal advice before you accept.
Who can claim road traffic accident compensation?
Apart from the driver of the vehicle, there are other categories of victims who can make a road accident claim, namely: •Passengers •Pedestrians •Motorcyclists •People on public vehicles, e.g., buses, coach, taxis •Cyclists •Horse riders •Scooters •Bereaved families Whether you were a driver, passenger, pedestrian, or simply a bystander, our experienced and passionate teams are here to provide the legal support you need. We have handled thousands of road traffic accident claims, so whatever the nature of your accident, we have the expertise and experience to help you.
What is considered when calculating road traffic accident compensation?
Being involved in a road traffic accident can have detrimental effects on all aspects of your life, from your health and fitness, your mobility, your ability to work through to your recovery and much more. When you are involved in a road traffic accident, the amount of compensation you can claim will usually depend upon the extent of the damage caused, both to you and your property. The compensation you receive will fall into two categories: •General damages: this covers any physical or psychological injuries you sustained in the accident. The exact amount you are awarded will be determined by how serious your injuries are, and by how likely or how quickly you might be expected to fully recover, according to a medical expert. •Special damages: this covers any other expenses you have incurred because of your accident. For example, it will cover any wages you may lose (both now and in the future if you continue to be unable to work), as well as the cost of any medical treatment, care and support, rehabilitation, home or travel adaptations or prosthetics and mobility aids. You will also be able to claim for the cost of any repairs to your property; this could be your vehicle, bicycle, motorbike or your belongings if these where damaged during the accident. In the case of fatal accidents, we ensure that the dependents are financially recompensed for the loss of their loved one and the financial support/income they have lost.
How is my road traffic accident claim valued?
Each road traffic claim varies and is valued on the facts of the specific circumstances so we cannot estimate a definitive amount of compensation that you could receive. The damages awarded will not only reflect the injuries sustained, but also the rehabilitation, care and adaptions needed as well as any future loss of earnings and future financial impact. If you've suffered a minor whiplash injury where it appears to us that compensation for your injury is valued at less than £5,000, then your claim will be processed as part of the Official Injury Compensation Portal small claims track.
How do I make a road traffic accident claim?
The road traffic accident claims process can be complex. If you or a loved one has been involved in a road traffic accident, it’s always best to get in touch with our team so we can discuss your case in more detail and carefully assess the best way forward for you. When looking to make a road accident claim, these are the steps to follow: •Contact us today to speak to one of our team, who will be able to discuss your claim with you. •We will assess your claim and contact the insurers of the party to blame and commence the process. •We will liaise with the police and witnesses. •To support your road accident claim, we’ll need to obtain medical evidence. We’ll obtain this evidence with your permission and then assess your medical records and arrange for you to have an examination with an independent medical expert who specialises in providing expert medical evidence required in cases such as this. •We’ll ensure you have access to the best quality treatment and rehabilitation to maximise the chances of a full recovery and future independence. •In most cases, negotiations will lead to a successful conclusion of a claim for road traffic accident injuries. However, there are occasions when a successful settlement cannot be reached, and we will need to commence Court Proceedings and proceed to a hearing before a Judge. Most cases reach a compromise without the need for a full hearing before a Judge. •Our expert solicitors will keep you informed and supported as the claim progresses.
Pedestrians
Pedestrians usually come off second best in a collision with any vehicle. So, if you've been struck on a pavement or pedestrian crossing, we are here to help you get the rehabilitation and compensation you deserve.
Operators of public transport
Operators or public transport have a duty to ensure their passengers are safe while using their transport. If you’ve been injured on public transport and it was not your fault, you may be entitled to make a public transport accident claim.
Accident at work
If you suffer an injury following any type of workplace accident and it was not your fault, you can make a compensation claim against your employer. It is only right and fair that you are awarded compensation for the extent of pain and suffering you have sustained.
The team at Spires Legal are here to give you the right advice and the right help, right when you need it.
Industrial disease claims solicitors
If you, or a member of your family, has been diagnosed with an industrial disease, such as mesothelioma or asbestosis, our solicitors are experts in seeking compensation on your behalf. We are here to advise and support you and your family throughout the industrial disease claims process and beyond.
We know that life can be complicated.
At Spires Legal, we’re here to support you, every step of the way.
We offer no-win, no-fee agreements.