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Clinical Negligence and Personal Injury

Our lawyers are experts at handling all kinds of clinical negligence and personal injury cases but particularly those involving fatal accidents and catastrophic brain and orthopaedic injuries. Whatever the case we will give you the same caring and efficient service and make sure you get the compensation you are entitled to.

Suffering a serious injury that could have been avoided is devastating and deciding to bring a claim can be very difficult and stressful. Our team of expert clinical negligence and personal injury lawyers can guide you through the complicated legal process step by step and fight for the best possible outcome for you.

While ensuring that you are properly compensated for your injuries is central to what we do, we also recognise the importance of getting you the right kind of rehabilitation as early as possible. See our rehabilitation and interim payment page for information about how we can help support you.

Our experienced personal injury and clinical negligence solicitors have been highly rated by many organisations including the Law Society, Legal 500, Chamber and Partners and AVMA. We are also on the Headway – The Brain Injury Association solicitor’s list.

We are approved by the Legal Aid Agency to act in medical negligence cases with legal aid, where clients are financially eligible and, where clients do not qualify for legal aid, their cases are usually funded on a ‘no win, no fee’ basis. Please see our funding page for further details. 

What others say

I have found them to be efficient and personable, with close attention to detail.

Chambers and Partners 2022 – Clinical Negligence: Mainly Claimant

The Bindmans team is very professional – they set and meet high standards and are client-focused.

Chambers and Partners 2022 – Clinical Negligence: Mainly Claimant

Committed and able lawyers, who take on challenging cases including those with a human rights element.

Legal 500 2022 – Personal Injury: Claimant

A hard-working and well-known firm who have a good standing in the industry, with work undertaken with great insight into catastrophic injury. Many capable people with experience.

Legal 500 2022 – Personal Injury: Claimant

I have communicated with several members of the Bindmans team and all have impressed me for their resilience, their dedication and their understanding of the medical issues pertaining to the cases in hand. This emphasises the ability of the firm to recruit people of of good quality.

Legal 500 2022 – Personal Injury: Claimant

The team is knowledgeable and experienced. From my experience, they all establish pragmatic approaches when working with very complex clients and work around the difficult issues to achieve excellent outcomes.

Legal 500 2022 – Clinical Negligence: Claimant

This is a firm with a strong ethical foundation.

Legal 500 2022 – Clinical Negligence: Claimant

Solid personal injury team with particular expertise in handling brain, orthopaedic and psychological injury claims. Routinely handles claims arising out of accidents at work, particularly on behalf of construction workers, as well as those involving human rights issues. Regularly acts for clients with Turkish and Polish backgrounds. Specialises in multi-track claims and also has significant experience in clinical negligence. Additional experience in handling cases involving chronic pain and subtle brain injury.

Chambers and Partners 2020 – Personal Injury: Mainly Claimant

Compact clinical negligence team with wide-ranging experience in matters of the utmost severity, including spinal cord injuries and birth injuries. Offers notable niche expertise representing clients who have suffered serious injuries while in prison or detention, deploying human rights arguments in support of claims. Also advises on cases in which there has been failure to diagnose cancer and other serious conditions. Other areas of expertise include claims for orthopaedic, gynaecological and psychiatric injuries.

Chambers and Partners 2020 – Clinical Negligence: Mainly Claimant

Bindmans LLP offers legal representation to those who have suffered catastrophic injuries due to clinical negligence, placing significant emphasis on facilitating early rehabilitation. The team ‘puts the client at the centre of the litigation process’ and is typically instructed on cases involving complex child and adult head injuries, avoidable strokes, birth injury, orthopaedic-related negligence and amputations. Acting for claimants in cases arising from substandard medical treatment while in prison or detained is another core specialism.

Legal 500 2019 – Clinical Negligence

Bindmans LLP is acknowledged for its expertise in managing complex cases and those involving catastrophic injury, where early interim funding for treatment and rehabilitation are prioritised. Jon Crocker, whose expertise also includes clinical negligence, leads the personal injury team, which has a strong track record in fatal accident cases and serious multiple injury claims, involving brain, spinal cord, orthopaedic as well as psychiatric injuries. Alla Murphy regularly attracts work where causation is difficult to establish, while Siobhan Kelly is an expert in claims concerning exposure to asbestos. Recent highlights include the team take on a leading role in a number of civil claims arising from the Grenfell Tower fire.

Legal 500 2019 – Personal Injury

Solid personal injury team with particular expertise in handling brain, orthopaedic and psychological injury claims. Routinely handles claims arising out of accidents at work, particularly on behalf of construction workers, as well as those involving human rights issues. Regularly acts for clients with Turkish and Polish backgrounds. Specialises in multi-track claims and also has significant experience in clinical negligence.

Chambers and Partners 2018 – Personal Injury: Mainly Claimant

I greatly enjoy working with Bindmans. Their communication is first class and I always feel I understand what they need from me.

Chambers and Partners 2018 – Personal Injury: Mainly Claimant

They are very precise and very detailed, with good follow-up.

Chambers and Partners 2018 – Personal Injury: Mainly Claimant

Bindmans LLP is a ‘market leader with an increasing profile’ and is ‘very highly rated in this area’. The team is described as ‘thorough and balanced’ and ‘a breath of fresh air to work with’: the lawyers ‘involve their clients in each stage of the legal process and ensure that the claimant is able to become an empowered participant’.

Legal 500 2018 – Personal Injury

It’s an absolutely superb team, I think they’re all absolutely excellent. They get really big cases and really big settlements.

Chambers and Partners 2017 – Personal Injury: Mainly Claimant

The ‘accomplished’ team at Bindmans LLP is ‘highly experienced and provides consistently excellent advice in clinical negligence matters’. The firm regularly represents those who have suffered catastrophic injuries and has a reputation for success in particularly complex and high-value medical cases. The ‘cutting-edge’ team has notable experience in representing claimants in cases of birth-related injuries, cerebral palsy, cardiology, spinal cord injury and orthopaedic-related negligence, and regularly acts for claimants of medical negligence in prisons or immigration detention centres. Practice head Jon Crocker is ‘formidably experienced’ and has particular expertise in complex head injury claims. He leads a team that includes Siobhan Kelly, who is one of ‘the best in the business’ and has ‘great instinct’; and the ‘excellent’ Alla Murphy, who specialises in catastrophic brain and spinal injuries.

Legal 500 2017- Clinical Negligence: Mainly Claimant

I can never really thank you enough for all your support, guidance, expertise and fortitude over those 5 long years that you worked on my case. Because of your efforts my life, once thought ruined beyond repair, is now improving every day. I look ahead with a lot of promise to the future…

Bindmans LLP client

You were able to deal with our case in a way that exceeded all expectations…

Bindmans LLP client

Thank you for all the years of working on my case and for all the hard work I know you put in. Thank you for bringing justice to myself and my children. This has meant a lot to me, I can now try to forget this accident and my children and I can go forward.

Bindmans LLP client
How to pay for your case

Before bringing a personal injury or clinical negligence claim, you should consider how you will pay the legal costs arising out of the claim. Claims are most commonly brought on the basis of a no win, no fee agreement but we will discuss all funding options with you to ensure that you have peace of mind when it comes to paying for your claim.

There are different ways of paying your legal costs and insuring against your liability to pay the Defendant’s legal costs. We have summarised below the main funding options but the most suitable options will vary from one person to another according to their own particular circumstances. For any enquiries, please contact us on +44 (0)20 7833 4433 or contact us online for a free and confidential consultation where we will discuss whether you have a claim, how likely you are of winning, and how your case could be funded.

  1. How are Personal Injury and Clinical Negligence Claims funded?
  2. What happens if my claim is unsuccessful?
  3. What do I pay if my case is successful?
  4. Is there any upfront cost?

Is there any upfront cost?

Under a CFA with us you will not have to pay any upfront costs. If, however, your claim is successful, you will be liable to pay something, which is explained in more detail below. We work hard to ensure that your liabilities for legal costs are kept to a minimum by recovering as much as possible from your opponent so you can keep the majority of your compensation.

How are Personal Injury and Clinical Negligence claims funded?

There are five ways that a Personal Injury or Clinical Negligence claim is funded:-

  1. Conditional Fee Agreement, commonly known as “no win, no fee agreements”
  2. Legal Expenses Insurance
  3. Trade Union Membership
  4. Legal Aid (in very specific types of Clinical Negligence birth injury claims)
  5. Private Funding

Conditional Fee Agreement (“CFA”), commonly known as “no win, no fee agreements”

The majority of Personal Injury and Clinical Negligence cases are handled on a CFA basis. A CFA is an agreement between you and Bindmans LLP setting out both the funding arrangement, i.e. your liability in relation to costs following a successful claim – see what do I pay if my claim is successful for more detail, as well as the roles and responsibilities between you and us.

Under a CFA we advise that you take out an insurance policy (known as “After The Event, or ATE Insurance”), which we can do on your behalf. This policy normally covers ours and your opponents legal fees and costs, such as expert reports or other disbursements if your claim is unsuccessful – see what happens if my claim is unsuccessful for more detail.

If, however, your claim is successful then we will seek to recover our fees and costs from your opponent.

Legal Expenses Insurance (“LEI”)

You may already have Legal Expenses Insurance through home, motor or travel insurance. In some cases, you might have LEI via your credit card agreement with your bank. It is designed to cover your legal costs for either making or defending a claim. In most cases, your LEI may only cover you for Personal Injury claims; however, if you have suffered from Clinical Negligence, we suggest that you consider reviewing your insurance documents carefully as cover will vary depending on the policy provider.

LEI is known as “Before The Event Insurance”, or “BTE Insurance”, because the cover was taken out prior to the date of the negligent action.

It may be possible to use LEI to fund either your Personal Injury or Clinical Negligence claim, but this will depend on the terms of your policy and the level of indemnity provided. If you are considering bringing a claim for Personal Injury or Clinical Negligence, our solicitors can review your policy documents and inform you on whether you are able to fund your claim through LEI. Please call us on +44 (0)20 7833 4433 or contact us online to discuss this further.

Trade Union Membership

If you are a member of a trade union, one of the benefits may be that they will fund your personal injury claim for you. However, the exact nature of this funding and how it works will depend on the union you are a member of.

Our solicitors can advise you about whether your trade union might fund your claim in a free initial consultation.

Legal Aid

Legal Aid funding is restricted to specific birth injury claims arising from medical negligence involving serious neurological injuries (such as cerebral palsy) which occur within the first 8 weeks of a child’s birth.

For more advice about these types of claims, please contact one of the specialist solicitors on +44 (0)20 7833 4433 or contact us online to have a free and confidential consultation.

What happens if my claim is unsuccessful?

If your claim is funded by a CFA and you have taken out ATE Insurance, you will usually not pay anything if your claim was unsuccessful as we will not charge you for the work we have undertaken and any costs or disbursements, such as expert reports, as these would be covered by the insurance policy you have taken out. Your opponent’s legal costs would also be covered by insurance.

What do I pay if my case is successful?

If your claim was funded through a CFA and has reached a successful conclusion and you receive an award for damages, you will be liable to pay for costs which are not recoverable from your opponent, such as part of the ATE Insurance premium. Our costs, which you will be updated on every six months during the course of your claim are usually recovered from your opponent.

In addition to deducting the non recoverable part of the ATE Insurance premium from your damages, you will also be liable to pay a success fee, which is no longer recoverable from your opponent. The standard rate for a success fee is capped at 25% of the amount you receive in damages for the pain and suffering you endured, and for your past losses. The amount you receive for future losses will not be considered when calculating the success fee.

The success fee will also be deducted from your damages. Please note that before proceeding to settle your claim, we will calculate and inform you of any costs that would be deducted from your damages.

For further information in relation to funding or bringing a Personal Injury or Clinical Negligence claim, please do not hesitate to contact us on +44 (0)20 7833 4433 or via our online form. 

Medical Mondays

Access our Medical Mondays hub for information about the different injuries, accidents, and claims that are commonly encountered by our Medical team.

Contact

To get in touch with our clinical negligence solicitors please complete the enquiry form here or call us on +44 (0)20 7833 4433

Meet the team

Jon Crocker
Partner | Managing Partner

Head of Clinical Negligence and Personal Injury

Yagmur Ekici
Partner

Clinical Negligence and Personal Injury

Siobhan Kelly
Partner

Clinical Negligence and Personal Injury

Alla Murphy
Partner

Clinical Negligence and Personal Injury

Tony Taylor
Consultant

Clinical Negligence and Personal Injury

Grace Benton
Solicitor

Clinical Negligence and Personal Injury

Alicia Cannon
Solicitor

Clinical Negligence and Personal Injury

Yavnik Ganguly
Solicitor

Clinical Negligence and Personal Injury | Employment

Lucinda Hall
Solicitor

Clinical Negligence and Personal Injury

Megan Owen
Solicitor

Clinical Negligence and Personal Injury

Shelly Pastakia
Solicitor

Clinical Negligence and Personal Injury

Rosaleen Wyllie
Solicitor

Clinical Negligence and Personal Injury

Edward Lewis
Locum Solicitor

Clinical Negligence and Personal Injury

Tatiana Dall
Trainee solicitor

Clinical Negligence and Personal Injury

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.