Compensation Offers: Should You Accept Immediately?

You’ve been offered compensation after filing a negligence claim against an NHS Trust – you may feel relief; but should you accept straight away? While you’ve most likely spent a period of time feeling uneasy due to an open claim, and accepting a claim immediately may feel like the right decision, you should stop and think first.

Receiving an offer doesn’t always mean the offer is fair, and that’s important when seeking justice for a negligence claim. The NHS Trusts and their insurers are used to claims being raised, including the process and settling them, whereas many patients who claim are not. This can mean that accepting a compensation offer without seeking advice first leaves you without the compensation you truly deserve.

Legal advice can ensure you understand your compensation offer completely, as well as making sure you’re getting the best deal for your case. It can feel daunting, as if you’re continuing an already stressful process, but don’t panic. Our team of solicitors are equipped with the knowledge to help with your clinical negligence claim and compensation offer.

Accepting a Compensation Offer Straight Away: What You Could Risk

There are a few factors you could risk if you simply accept an offer without stopping to think about it first and getting the right support.

• You risk not understanding why you’ve been offered this amount of compensation and the legal jargon that comes with it. Usually, a compensation offer will come with legal documents and terms, so having an expert to help you understand will ensure you know your rights and the compensation offer itself.
• You may be getting a smaller amount than what your losses are worth. Compensation can cover a range of treatments, rehabilitation opportunities, money lost through not being able to work and more. Having the right legal support will ensure your offer is fair, from first time claimants to those who have submitted before.
• Your settlement is final once you’ve accepted. Generally, claims are finalised and classed as resolved once you’ve accepted the offer. So, if it turns out that you need more treatment, or your condition changes and worsens later, it will most likely mean you can’t reopen your claim and access more compensation.
• The NHS Trusts and their insurance team are used to handling claims. An offer may sound fair to you, but it could mean you’re missing out.

So, What Does Compensation Cover?

No matter what your injury, physical or psychological, compensation is designed to help you recover. It should reflect the impact that the injury or illness has had on your life and depending on your specific circumstances, it should cover the costs of whatever kind of recovery you need.

• Treatment and/or rehabilitation for your injury or illness – compensation should pay for any medical procedures, treatments, therapy or rehabilitation you may need.
• Loss of earnings from not being able to work – if you had to take time off work due to your injury or illness, or it’s going to prevent you from earning money in the future, compensation covers the cost of this.
• Care needs and ongoing support – some cases may see family support or professional care needed following an injury or illness, and this can be factored into your compensation claim.
• Adjustments to everyday life afterwards – if your injury or illness has affected your day-to-day life and adjustments need to be made to your home, vehicles or mobility, compensation can cover them.
• Interim payments – if liability has been accepted, you may be able to claim for interim payments that’ll help cover urgent costs until your case has been reviewed and finalised.

Making a clinical negligence claim must happen within three years, starting from the date the negligence happened, or when you became aware of it. There are some exceptions, such as those who lack mental capacity and children under the age of 18, but submitting your claim as soon as possible gives you an even better chance of receiving what you deserve.

Part 36 Offer: What is It?

If you’ve submitted your claim and received a settlement offer, it could be part of a Part 36 offer. But what does this mean? A Part 36 offer is set out under Part 36 of the Civil Procedure Rules, which encourage claims to settle outside of court. Understanding the weight this offer carries is essential because it can come with large financial penalties.

• Accepting a Part 36 Offer within the time period – generally, you’ll be entitled to legal costs up to this point, but you won’t be able to negotiate later.
• Rejecting the offer and going to trial – if the court awards you less than the Part 36 offer, you may have to pay legal costs from the other side, starting from the point at which the offer was made. This can apply even if you win your case.
• Rejecting the offer and going to trial but the court decides to award you more than the offer – you could be eligible to more interest and costs as well as your compensation.

A solicitor can examine whether a Part 36 offer is a good reflection of the value of your claim and guide you on how to respond. If you choose to accept or refuse before fully understanding your offer, you could face heavy financial penalties.

How Can a Clinical Negligence Solicitor Help with Your Compensation Claim?

A clinical negligence solicitor can provide the assistance you need when navigating what can be a difficult time. They’ll be able to: review your claim and any related documentation, analyse whether your claim reflects the true value of your injuries or illness, and walk you through the process from start to finish to ensure you feel confident throughout.

Receiving a compensation settlement for a claim you’ve made can feel like the answer to your problem, and for many, it is. But being aware of the value of your claim, as well as any risks that could be associated with it, is essential.

How Can We Help?

Rhian Lowe is a Partner and Head of our Civil Litigation Team specialising in medical negligence and personal injury.

If you have any queries on the above subject, please do not hesitate to get in touch with Rhian on 01206 694 585 or complete our online enquiry form.