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Frequently Asked Questions


In case you have a question the best way to have it answered is to complete one of our call back forms or call our team on 0800 122 3130 so that the facts we provide are specific to your exact enquiry. There isn’t a cost for speaking to us and you are under no obligation to pursue a claim, call us today and see if we may help.

We do however find that we’re asked a number of questions quite regularly and with any luck you will find the answers below useful.

I'm already with another firm of solicitors, may I transfer my case to you?
Yes, is the short answer. If you think that the service you are receiving from your current solicitors doesn’t meet your requirements we can arrange for the file to be transferred free of charge to you. If we feel that we can move the file we would usually agree to pay your current solicitors their costs when claim settles .
Do I have to go to a doctor's evaluation?
While some cases do settle not needing a medical report, most of our clients do have to attend medical examination. This really is nothing to worry about and is there to safeguard you to guarantee that the settlement you receive reflects the full extent of your injury. We usually make sure that the medical assessment is as close to you as possible and you’ll get plenty of advanced warning.
Will I have to attend Court?
The majority of claims we take on settle without the need to go to Court. We will never guarantee that you won’t have to go to Court as ultimately a lot depends on the Defendant’s behaviour and conduct but it’s unlikely. If your case does go to Court rest assured we’ll be with you all the way and will guide you through each step of the process.
Will I have to cope with lots of paperwork?
We do try and keep all forms to a minimum. At the start of your claim we will need to get a few papers signed but some of these can be signed via e-mail if you want or alternatively we are able to arrange someone from our claims team to see you at home and go through everything with you so that you know exactly what is happening. Throughout the case we’re happy to accept more information from you over the phone instead of expecting you to write to us.
How long will it take for the case to settle?
This can be often a very difficult question to answer because it very much depends on the type of case and the circumstances. Some of our claims end in just a few weeks whilst others may take significantly longer. When you speak to us we will be able to give you a fairly accurate time scale once we have some more details from you.
What happens if I do not have their details?
We do encounter this a lot. Our lawyers are experts in their field and more frequently than not they are able to trace the Defendant from the information you give them. The earlier you call us the better the chance we have in tracking them down.
What are the time limits for bringing a case?
Because of the conditions of the Limitation Act you must start legal proceedings inside 36 months of the injury taking place. Under limited situations this limit could be lengthened so even if you believe you could be outside this time limit you should still call us to see if we can help. The 3 year guideline is especially challenging in industrial disease cases as often the victim is not aware of their condition until quite a few years after the work ends, contact us for guidance to ensure that you do not lose out on your rightful compensation.
Will I have to pay any fees?
In April 2013 the way accident injury claims are funded and taken care of changed as a result of the Legal Aid, Sentencing and Punishment of Offenders Act. The act dramatically altered the amount of legal expenses that lawyers can recover from the losing party and greatly altered the ‘no win no fee’ structure that solicitors have used for many years to ensure that victims of negligence get their rightful damages.

In the new guidelines Mercury Legal Online will continue to fight for the rights of those hurt of injured through no-fault of their own with no risk to yourself. The latest rules can be confusing and hard to grasp but be assured that when you speak to us you will not be asked to pay any costs whatsoever in advance and even if your claim is not successful through no fault of your own you’ll never be asked to pay anything to us.

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The Surgeon with the God complex

In a high profile news story this week, a surgeon who allegedly carried out completely unnecessary operations has been convicted of intentionally wounding patients. Ian Paterson, 59, from Altrincham in Greater Manchester has been granted bail and is due to be sentenced late this month. During the 7-week hearing some of the surgeon’s victims gave statements about how Paterson misled them into thinking that they had serious medical issues and carried out operations for conditions that in many cases the patients were not even suffering from. One female victim who underwent surgery by Paterson six times in seven years said that he “…tried every trick in the book to avoid accountability for his disgusting crimes. Mr Paterson charmed and manipulated his patients into trusting him. I for one trusted him with my life.” The victim had been told by Paterson that she had breast cancer and went through extensive surgery to remove the cancer, then a full mastectomy to remove the breast. It was later found that she had not been suffering from breast cancer at all and that he had made up the results so as to continue performing dangerous and unnecessary surgery. As well as working privately at the Little Aston and Parkway Hospitals in the West Midlands, Paterson carried out hundreds of unnecessary operations on NHS patients, costing one NHS Trust around £17.8 million in damages and legal costs. Sometimes even good doctors make mistakes, sometimes crucial pieces of machinery can fail, and sometimes a simple error of judgement on the part of someone treating you can cause significant pain and damage. Fortunately it is very... read more

7 Year fight for medical negligence compensation finally over for widower

The widower of a woman who died from a blood clot just 16 days after the birth of her daughter has won a medical negligence case and undisclosed compensation from the Leicester Hospital where she died. Darren Taylor of Braunstone, near Leicester had to fight for seven years before the hospital admitted that mistakes had been made in his wife’s treatment. She died from a pulmonary embolism that was caused by a deep vein thrombosis (also known as DVT) in one of her legs that was due to pregnancy. When Mrs Taylor was found collapsed in the bathroom of their family home in March 2010, she was rushed to Leicester Royal Infirmary, but the doctor who saw her did not follow the hospital’s guideline on investigating suspected DVT on the basis that at that time, ultra-sound scans were not carried out at weekends. It is believed that if a scan had taken place, the DVT would have been noticed and appropriate action could have been taken to avoid the development of the pulmonary embolism, and hence save her life. In addition to the pain caused by the death of his wife, the situation was made even more insufferable by the NHS Trust’s insistence of its innocence of any negligence regarding the death. Speaking after the case, Mr Taylor said: “I am relieved that this is all over. It has been a long, hard seven years, but I am happy we have got the NHS to own up and the Trust says that lessons have been learnt.” If you or someone you care for has suffered as a result of... read more

77-Year-old woman dies after choking on doughnut in hospital

A 77-year-old lady from Leicester died after choking on a doughnut that she was given while staying in hospital. The lady had been admitted to the Evington Centre’s Mental Health ward at Leicester General Hospital, run by the Leicestershire Partnership Trust, in June last year. She had undergone a behaviour assessment – which included looking into her eating habits – and was placed on a “soft food” diet to avoid any potentially dangerous incidents. However, contrary to this she was given foods such as toast and pizza by staff who were supposedly caring for her. When she began to eat a doughnut on the 25th July while left on her own, she began to choke. By the time the emergency team arrived the lady had suffered a massive heart attack from which she suffered significant brain damage, and she died less than one week later. A spokesman for the Leicestershire Partnership NHS Trust said: “We are sorry this tragic incident occurred while the lady was in our care and accept there is more we could have done to prevent this incident from occurring”. He added: “We carried out our own investigation into the incident, which we have shared with the deceased’s family and the coroner. We developed a detailed action plan following our investigation, which includes a number of different steps to reduce the likelihood of a similar incident in the future.” If you or someone you care for has suffered while under the care of a hospital or any medical facility, you could well be entitled to make a claim for compensation. While we all understand that it... read more