Perth Medical Negligence Solicitors - Injury Compensation Lawyers
Most healthcare professionals in Western Australia usually provide good service to their patients however sometimes things do go wrong as a result of clinical errors which is termed medical negligence. There are several ways in which a patient injured in WA can deal with matters including a formal complaint to the health authority which may give the patients the answers that they need or by consulting Perth medical negligence solicitors to take legal action for injury compensation in a court of law if prior negotiations about a damages claim fail.
A personal injury is inconvenient, painful and usually problematic and often brings with it a series of troubles and complications that can make life difficult. It is for this reason that the law facilitates damages claims to compensate for injuries and financial losses. If you have been unfortunate enough to suffer as a result of negligence by another person in Western Australia during the last three years then you are entitled to instruct Perth medical negligence solicitors to claim compensation. This could include compensation the pain you have suffered, loss of earnings, the potential loss of earnings from future work, any mental issues you may have suffered and physical problems that have caused you concern. These problems are serious and the courts operate to protect the interest of people just like you who have experienced them.
Our medical negligence solicitors have offices situated in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney. Do yourself justice - give us a call.
There are time limits that a Perth medical negligence solicitor must work within. In general terms a claim for compensation must be either settled or legal proceedings must have been issued in a court of law within three years of the event or within three years of the discovery of the injury whichever is the latest. There are some exceptions to the three year rule including minors and the mentally infirm and in addition the court has a wide discretion. It is advisable to see a Perth medical negligence solicitor as soon as possible after the erroneous incident.
Damages awards in these actions is based on a figure for pain and suffering, compensation for both economic and non-economic losses plus interest both for the past and estimated for the future. The item that usually causes most difficulty for Perth medical negligence solicitors is estimation of the compensation award for pain and suffering which is mainly based on awards made in previous unrelated cases and the judges own experience as a practising lawyer.
The calculation of financial losses and pain and suffering
is often not an easy task. For the sake of convenience a Perth medical negligence solicitor will separate damages claims
into different categories and once these sums have been
calculated the amounts due may be increased by an interest
calculation which differs dependent on the category into
which the damages fall. The main categories are as follows
Represents compensation for items that cannot be calculated accurately by an accident compensation solicitor and often involves a degree of assessment. The category includes pain and suffering for injury, loss of amenity and loss of congenial employment. There are other items which may fall into this category where an accurate calculation of value is difficult if not impossible. Assessment of these losses is usually assisted by the use of expert opinions including specialist medical reports.
Represents compensation for losses that can be calculated accurately. This category includes loss of salary. There are numerous other items in this category and all losses should be discussed with a solicitor. These items are proved by documentary evidence including wage slips, invoices and estimates.
No Win No Fee
Our Perth medical negligence solicitors operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.
There are a number of different teqniques that solicitors use to finance compensation claims. In the past the usual method was by the client privately funding the claim and paying sums on account of legal costs and expenses as the claim proceeded in the hope that the case would be won and those costs could be claimed back from the losing side. If the clients claim was lost then so too were the legal costs which were often a substantial loss to the client. The no win no fee compensation claim scheme has almost totally displaced the private funding of claims.
There is however one area of risk that applies to all litigated cases, including a no win no fee compensation claim, that needs careful consideration. In the event of a loss, after the issue of court proceedings, the loser is usually ordered to pay the winner's legal costs and disbursements which can be a very substantial sum. Almost all litigated claims therefore require insurance to cover against the possibility of losing and a subsequent costs order. Our solicitors finance this policy of insurance themselves and do not expect the client to pay or contribute to the costs. This insurance policy is only required if it becomes necessary to issue proceedings in a court of law which only occurs in a very small percentage of cases. If you instruct our solicitors to pursue a no win no fee compensation claim you can rest assured that it is completely risk free.
Perth Medical Negligence Lawyers
The following is a list of Perth medical negligence solicitors who deal with personal injury compensation claims.
Tan and Tan
Talbot & Olivier
J G Staude
Su & Co
Butcher Paull & Calder
Francis Burt Chambers
Gibson & Gibson
Biddulph & Turley
Corrs Chambers Westgarth
Durack & Zilko
McCallum Donovan Sweeney
Michell Sillar McPhee
Jeremy Malcolm Barrister & Solicitor
McAuliffe Williams & Partners