A&E Compensation Claims

A&E Compensation Claims

Hospital A&E departments are often critical for identifying serious health issues and ensuring patients receive the right treatment swiftly. If A&E staff have made mistakes with the way you or a loved one were treated, this may have caused serious long-term health consequences. Claiming compensation is often the only way to get the help and support needed to deal with those consequences. Compensation for A&E errors can often be substantial, allowing you to fund private medical treatment, buy specialist equipment, pay for care workers and cover the cost of various other types of practical support, as well as replacing lost income and any other costs you have incurred as a direct result of your substandard treatment.

Many people find the thought of claiming compensation intimidating, worrying that the process will be complicated and stressful. However, our highly experienced medical negligence solicitors can make things much easier on you by offering the right specialist legal advice and support every step of the way.

We can help you get fair compensation for your A&E claim as quickly and smoothly as possible, saving you time, money and stress.

How to start an Accident & Emergency compensation claim

It is likely you will have never needed to claim compensation before, so will have little or no idea how the process works. We understand this, so our friendly, approachable team will guide you through every stage of the claims process, making sure you understand what is involved and the likely outcomes of each stage.

We offer a free initial consultation, which allows you to explain your situation so we can give a clear assessment of whether we believe your claim merits further investigation. We will always be honest with you and will only advise you to take your claim forward if we believe there is a realistic chance of securing compensation.

We also offer no win, no fee agreements for A&E claims, meaning there is normally no upfront cost and no financial risk to you when you start a claim with IBB.

To start a compensation claim for A&E negligence, call us today on 0333 123 9099. Alternatively, you can email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a callback.


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Our expertise with A&E claims

With decades of experience handling Accident and Emergency claims for people throughout England and Wales, our medical negligence solicitors can secure fair compensation for even the most complex and high value claims.

We are accredited by the Law Society for Personal Injury Law reflecting our expertise with all types of injury claims, including those involving clinical negligence in A&E departments.

Our team has also been recognised by the two leading client guides to the legal profession Chambers & Partners and the Legal 500 for our exceptional skill in handling clinical negligence claims, with the Legal 500 ranking us Tier 1 for Personal Injury: Claimant.

Types of Accident & Emergency claims we deal with

We are able to secure substantial compensation for our clients in relation to issues such as:

  • Not taking a proper patient history
  • Failure to properly examine an A&E patient
  • Incorrect recording of a patient’s symptoms
  • Failure to order appropriate tests e.g. blood tests, X-rays or MRI scans
  • Errors in interpreting test results
  • Failure to admit patients or refer them to appropriate services
  • Prescribing inappropriate medication or other treatment

We have particular expertise with conditions which are commonly missed or misdiagnosed by A&E staff, including:

To find out more about our specific expertise relevant to your situation, please get in touch.

How we handle A&E compensation claims

Getting the best possible compensation for you is our top priority, but we also know that most people would prefer not to have to attend court if it can be avoided.

Fortunately, our medical negligence team are highly skilled with out-of-court settlements, meaning we can almost always secure compensation without the need for you to attend court.

However, we also have very strong experience with court proceedings, meaning we can give you the robust legal representation needed to secure a fair settlement where your claim cannot be settled out of court.

Whatever approach is needed, we will offer the keen legal expertise and sensitive support you need to make the whole claims process as smooth and stress-free as we can.

Out-of-court settlements for A&E claims

By settling out of court, we can typically save you a lot of time and legal costs while not compromising on the level of compensation you receive.

We use our skills in negotiation and alternative dispute resolution to work with you and the defendant, helping you to agree a voluntary settlement for your claim wherever possible.

Where successful, this approach means you don’t have to wait for a court date and the legal costs involved are typically significantly lower.

Court proceedings for A&E compensation

Where a court hearing is required, our A&E claims lawyers can guide you through every stage of proceedings, from preparing your case and attempting to secure a pre-hearing settlement, to representing you in court and pursuing appeals.

If you do need to attend court, we will make sure you are fully prepared by talking through everything that is likely to be involved so you have a clear picture of what to expect and what is required of you.

We have strong links with specialist barristers and other professionals, so can call on the full range of skills and knowledge needed to help you get the best available outcome, no matter how complex your case.

Having handled medical negligence claims at every level, including in the Court of Appeal and Supreme Court, we can offer the experienced advice and representation needed to secure the best possible outcome, no matter how your case progresses.

Our no win no fee Accident & Emergency compensation claims service

If you are concerned about the cost of pursuing compensation for A&E errors, we offer no win, no fee deals allowing you to start a claim with no upfront cost to you.

No win, no fee deals (more properly known as ‘conditional fee agreements’) work as the name suggests – if we don’t secure compensation for you, you will not have to cover our legal fees. This means you will only ever need to pay us if we win compensation for you, so there is no financial risk to you.

We want our costs to be totally transparent, so will make sure our fees and any third-party costs (such as court fees) are clearly explained to you. That way you can have complete certainty over the cost of an A&E compensation claim with IBB.

Can I claim compensation for A&E mistakes?

You may be entitled to compensation for errors made by A&E staff if you can show that:

  1. The care you received fell below acceptable medical standards.
  2. This resulted in a worse outcome for your health than would likely have been achieved with appropriate Accident and Emergency care.

How much compensation can you get for A&E errors?

The value of compensation for A&E negligence will depend on a number of factors, including:

  • How serious the impact on your/your lived one’s health has been
  • The impact on your/your loved one’s life
  • Any direct financial costs as a result of the health damage suffered e.g. paying for private treatment, lost income etc.
  • Any financial losses you expect to suffer in the future e.g. paying for ongoing care or reduced earning potential.
  • Pain and suffering

There are two main types of compensation for A&E errors that you might receive:

Financial Losses and Expenses – For specific financial losses, including treatment costs, buying specialist equipment and loss of income.

General Compensation – For non-financial losses, such as pain, suffering and lifestyle changes. 

Our A&E claims solicitors will give you a realistic estimate of the likely value of your claim at the outset, so you have an indication of how much compensation you may be able to claim.

We will then work with you and various experts, including independent medical practitioners to provide a detailed breakdown of the full financial and non-financial impact of your injuries. This will allow us to ensure nothing is overlooked so you can get the maximum possible compensation.

How long does it take to get compensation for A&E errors?

This depends entirely on the circumstances, but claims will often take around 18 months to 2 years to settle.

Factors that are likely to affect how long your claim takes include:

  • The severity of your injuries (as it may then take longer to accurately assess the full impact)
  • How long ago the injury occurred (as it sometimes takes months or even years for the full impact to become clear)
  • Whether the defendant is willing to admit liability (if they do, claims can usually be resolved much faster)

Does Accident & Emergency compensation affect benefits?

Your entitlement to means-tested benefits could potentially be affected by any compensation you receive for medical negligence, so it is important to take the right legal steps to protect your right to claim essential benefits.

We can assist with this by placing your compensation into a personal injury trust. This allows you to receive the benefit of your compensation, but it will not be considered part of your assets for the purposes of means-testing.

This means that compensation placed into a personal injury trusts will not normally affect your benefits entitlement, helping you to avoid losing out on any benefits that you rely on or may need to rely on in future.

Time limits for claiming A&E compensation

As a general rule, there is a 3-year time limit for bringing any type of medical negligence claim, including those related to A&E errors. However, you may sometimes have longer to make a claim depending on the circumstances.

If you are claiming for someone under 18 – You can usually bring a claim until the subject of the claim turns 18. They would then be able to bring their own claim up until their 21st birthday if necessary.

If you are claiming for someone without the mental capacity to bring a claim – There is no time limit bringing a claim.

If you are claiming for someone who died due to A&E negligence – You will usually have 3 years from the date of death to make a claim.

Get in touch with our expert A&E claims solicitors today

To arrange your free consultation on starting an A&E compensation claim, please call us on 0333 123 9099, email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.

  • Malcolm Underhill
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  • Simon Pimlott
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  • Jacqueline Almond
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  • Rachel Green
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Meet the team
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