For many people living with limb loss or limb difference, their injuries came about as a result of negligence, whether through a road traffic collision, workplace accident or through substandard medical care. Where negligence is identified, you are entitled to pursue a claim for compensation, which can make a huge difference, such as enhancing your recovery, improving quality of life and independence, as well as financial security for you and your loved ones.
If you are considering investigating a personal injury or clinical negligence claim, it is crucial you instruct someone with specialist expertise to provide you with the highest standards of legal support throughout the claim process.
Do I have to pay for legal advice?
Many people wrongly assume that legal advice is costly and beyond their means, and this can put them off getting in touch to discuss their claim. Clients are often surprised to find they have existing insurance cover in place which covers the potential costs of the claim.
The majority of the clients we support fund their claims through a Conditional Fee Agreement (CFA). This means that if the claim does not succeed, then there is nothing to pay at all. If the claim succeeds (i.e compensation is secured), then a deduction is taken from damages towards legal costs, but the vast majority of the compensation will be paid to you.
We urge anyone considering a claim to get in touch to find out more about funding options. We provide all initial advice free of charge and without any obligation.
How do I choose a solicitor that is right for me?
Ordinarily, your solicitor or legal team will work with you throughout the entire lifetime of your claim, from start to finish. This process can span several years, therefore, it is important to choose someone whom you trust to achieve the very best outcome for you. Here are some factors to look out for:
Experience
Personal Injury and Clinical Negligence claims involve complex areas of law and medicine, so it is important to instruct a firm that specialises in this work. Whilst many firms accept these cases, relatively few have a proven track record of acting in limb loss and limb difference negligence claims.
We strongly recommend you seek out a solicitor with experience in this work and who is highly regarded by others. Reputable lawyers will be happy to talk to you about their experience in this area and will be able to demonstrate their credentials, for example, through independent endorsements such as Legal 500, Chambers & Partners.
The right fit for you
In addition to their expertise, it is also important to ensure you feel you have rapport with your solicitor and that you feel you can work well with them. They will be acting on your behalf throughout your claim.
Your recovery from injury may be challenging and upsetting, not only for you but also for those around you. Instructing a solicitor who understands this, who will show compassion and support you, is crucial. A reputable solicitor will take the time to really get to know their clients and will guide them through the process in a way that is carefully tailored to their needs.
How do I get started with instructing a solicitor?
The Limbless Association have a panel of preferred legal partners, who have shown expertise in limb loss claims and excellent client service standards. This is the best place to start your search. The LA panel firms can be contacted directly from the Legal Panel web page and by clicking on their profiles. Alternatively, you can discuss this with the Limbless Association Services Support team via the Helpline, and they can make initial contact on your behalf.
Personal recommendations can also be very useful. If you have a friend who has started a claim, then they may well be able to tell you who they recommend (or who to avoid!).
Check the lawyer/firm’s web page and satisfy yourself that they are reputable and experienced. Reading client testimonials can be a useful way to see how other clients have found working with that particular firm/lawyer. These are often contained on the firm’s website or the solicitor’s online profile. Firmwide reviews are usually found on Google Reviews, Trustpilot, and the firm’s website.
It is a positive indicator if the legal team holds an accreditation for Personal Injury and/or Clinical Negligence work, which means that they have been recognised for meeting the highest standards of technical expertise and client care. Look out for accreditations from the Law Society, Association of Personal Injury Lawyers (APIL) or Action against Medical Accidents (AvMA).
Once you have made contact with a firm, feel free to ask them questions about why they are the right firm for you and how they will support you with your claim. Any reputable firm will not mind being asked these questions! We want you to be totally happy with your choice.
What happens during the claim process?
Please see our linked article on what to expect from the claim process and what a claim would likely include in terms of compensation.
You can find out more on our dedicated limb loss claim page here.
Ali Batchelor, Partner
RWK Goodman
