If you’ve suffered unnecessary harm because of clinical negligence, you may be entitled to claim compensation, but does medical negligence compensation affect benefits? Many people hesitate to pursue a medical negligence claim because they fear losing benefits. With millions in the UK receiving means-tested benefits such as Universal Credit, Housing Benefit, or Personal Independence Payment, this concern is understandable.

This guide will help you understand the relationship between medical negligence compensation and your state benefits. We’ll explain whether receiving a compensation payout could affect your benefits entitlement, and how you can protect both your compensation and benefits by setting up a Personal Injury Trust (PIT). Our guide will also cover what a PIT is, how to create one, what it costs, and the legal duties of trustees. Then, we clarify your reporting responsibilities and explore how a Personal Injury Trust can safeguard your compensation against care fees.

Throughout, we’ll provide expert insight and practical steps, so you can confidently claim the medical negligence compensation you deserve without jeopardising your future financial stability.

Contact Us

To discuss your circumstances and get tailored advice, contact our team at Medical Negligence Solicitors UK Co today. Get in touch today to learn more by:

• Calling us on 03301230546
• Using the live chat feature
• Starting your claim online

Frequently Asked Questions

1. Does Medical Negligence Compensation Affect Benefits?
2. How Can I Prevent A Medical Negligence Payout From Impacting My Benefits?
3. What Is A Personal Injury Trust?
4. How Do I Set A Personal Injury Trust Up?
5. Will A Personal Injury Trust Protect My Compensation From Being Used On Care Fees?
6. Do I Have A Legal Obligation To Report My Compensation?
7. Get Advice From Medical Negligence Solicitors UK Co
8. More Information

Does Medical Negligence Compensation Affect Benefits?

Yes, medical negligence compensation can affect your state benefits if you do not take steps to protect them. Most means-tested benefits have savings thresholds. If your compensation award pushes your savings above these thresholds, your entitlement to certain benefits could be reduced or stopped altogether.

The main thresholds are:

• If your savings exceed £6,000, your means-tested benefits may be reduced.
• If your savings exceed £16,000, you could lose entitlement to those benefits altogether.

This could impact benefits such as:

• Universal Credit
• Housing Benefit
• Pension Credit
• Income Support
• Employment and Support Allowance
• Council Tax Support
• Child Tax Credit

Any lump sum or interim payment you receive as a result of your medical negligence compensation could count towards these thresholds if held in your personal bank account.

To avoid losing benefits, you should consider setting up a Personal Injury Trust. We’ll talk more about trusts in the next section.

For personalised guidance on the question “Does medical negligence compensation affect benefits?”, contact our expert advisors at Medical Negligence Solicitors UK Co today.

Why Do I Need A Personal Injury Trust?

A Personal Injury Trust (PIT) allows you to protect your compensation payment so it does not count towards the savings thresholds used to assess eligibility for means-tested benefits.

Key benefits of a Personal Injury Trust include:

• The compensation is held separately from your personal finances.
• You can be a trustee of your own trust, along with other nominated trustees.
• How the money is spent is controlled by trustees.
• The funds in the trust do not count towards the saving thresholds for benefits.

The money in your PIT must only come from your compensation settlement. You cannot top it up from other sources. With the right legal arrangement, your trust fund becomes the most tax-efficient way to safeguard your payout.

For more information on setting up a trust, speak to our expert legal team now.

What Is A Personal Injury Trust?

A Personal Injury Trust is a legal arrangement that holds your injury compensation separately from your personal assets. It must be set up with at least two trustees, one of whom can be you. The trust is held in a separate bank account and can only be used with the consent of the trustees.

The trust protects your compensation payout from being considered when your eligibility for means-tested or support allowance benefits is assessed. This includes both initial lump sum awards and any interim payments.

Your trustees manage the fund in your best interests and approve withdrawals, ensuring that your benefits are not affected by routine income-like payments.

Need help understanding if a trust is right for you? Call our advisors today for a free consultation.

How Do I Set A Personal Injury Trust Up?

To set up a Personal Injury Trust, you will need:

• A minimum of two trustees, one of whom can be yourself
• Trustees who are over 18, financially responsible, and ideally not receiving means-tested benefits
• A separate bank account was opened in the name of the trust
• A legal document, called a Trust Deed, which outlines how the trust will be managed

It’s essential to set up the trust within 52 weeks of receiving your first compensation payment. During this period, the Compensation Recovery Unit (CRU) allows a grace period in which the payment is not assessed against your state benefits.

Don’t delay – speak to our legal experts today and we’ll help you set up your trust efficiently and securely.

What Legal Responsibilities Will My Trustees Have?

Your trustees are legally responsible for managing the funds in line with the terms of the trust and your best interests. They must:

• Approve and document all withdrawals
• Keep accurate records of payments
• Ensure the trust is not misused, e.g. by adding non-compensation money
• Avoid regular payments to you that could be considered income

They do not gain ownership of the compensation received, nor does the trust fund affect their own benefits or taxes. If problems arise, you can remove a trustee and appoint someone new.

For expert advice on choosing the right trustees, speak with our specialist team today.

How Much Will I Have To Pay For A Personal Injury Trust?

The cost of setting up a Personal Injury Trust can vary depending on the complexity of your case, and can depend on the kind of trust you’re looking to set up.

It might seem like a significant expense, but it can be a worthwhile investment in protecting your benefits entitlement, your future needs, and the full value of your clinical negligence compensation.

Contact our team of advisors today to learn more about how our solicitors could help you set up a PIT.

Will A Personal Injury Trust Protect My Compensation From Being Used On Care Fees?

Yes. A properly drafted Personal Injury Trust can protect your compensation from being assessed as capital for the purpose of long-term care fees.

Without a trust, your compensation award could be counted when your local authority performs a financial assessment for care home placement. This could result in having to use your payout to pay for care, rather than saving it for future needs.

With a trust in place, your lump sum stays protected, ensuring that you keep access to the care you need without funding it from your injury damages paid.

If you’re concerned about future care costs, contact us today to safeguard your award.

Do I Have A Legal Obligation To Report My Compensation?

Yes. If you receive means-tested benefits, you must inform the DWP or your local authority of any compensation received, even if you intend to set up a trust.

There is a 52-week disregard period, but this doesn’t remove your reporting duty. Failing to disclose could result in:

• Overpayments
• Benefit suspensions
• Repayment demands or fraud investigations

Setting up a Personal Injury Trust and declaring it appropriately will keep you compliant.

Contact us today to learn more about how to manage your compensation, or keep reading to find out how we can help.

Get Advice From Medical Negligence Solicitors UK Co

When you’ve been harmed due to substandard care, you deserve the opportunity to recover and rebuild your life. At Medical Negligence Solicitors UK Co, we help people across the country take legal action for the harm they’ve suffered—and we help them make sure that claiming compensation doesn’t jeopardise their benefits.

We handle cases involving:

• Surgical mistakes
• Misdiagnosis or delayed diagnosis
• Incorrect prescriptions or medication errors
• Birth injuries
• Hospital-acquired infections and sepsis
• Failure to refer for specialist care

Our solicitors will help you gather strong evidence, value your compensation entitlement, and manage every aspect of the legal process.

Our solicitors work on a No Win No Fee basis, using something called a Conditional Fee Agreement (CFA). When you use this kind of agreement, you don’t need to:

• Pay for their services upfront
• Pay for their ongoing services
• Pay for their completed work if the claim fails.

However, should the claim succeed, you will pay a success fee to your solicitor. This will be taken as a legally limited percentage of your compensation.

We also assist with setting up Personal Injury Trusts, handling CRU communications, and ensuring your benefits entitlement is preserved.

You focus on your recovery. We’ll focus on the rest. Speak to our expert team today for free, no-obligation legal advice.

Contact Our Solicitors

Our advisors are here to help. To learn more about protecting your compensation and your benefits, or to find out if you could be eligible to make a medical negligence claim, contact our team today by:

• Calling us on 03301230546
• Using the live chat feature
• Starting your claim online

More Information

To learn more about making a medical negligence claim:

• Learn about the medical negligence claims time limit
• Find out how to make a claim for gallbladder surgery negligence
• Get help making a spinal surgery negligence claim

Or, for further resources:

• Learn about getting benefits and financial support while you’re on low income from GOV.UK
• Get information on HMRC
• Find advice for claimants from NHS Resolution

Thank you for reading our guide. We hope we’ve answered the question, “Does medical negligence compensation affect benefits?”

If you’ve suffered unnecessary harm due to substandard medical care, you may be eligible to claim compensation. Whether the negligence occurred in a hospital, GP surgery, pharmacy, or another healthcare setting, it’s important to know your rights and what steps to take. This guide aims to help you understand how the medical negligence claims process works.

You will first read about the benefits of speaking with a specialist medical negligence solicitor before you explore the criteria used to help determine if someone has a valid case. Our guide will then take a look at your options for making a medical negligence claim and what compensation can potentially cover.

At Medical Negligence Solicitors UK Co, we specialise in helping people secure the compensation they deserve. With years of experience, our expert solicitors can support you through every step of the process, ensuring your voice is heard and your claim is handled with care and professionalism.

Keep reading to learn about the medical negligence claims process, or contact us today to get started by:

• Calling us on 03301230546
• Starting your claim online

The Medical Negligence Claims Process

1. Speak To A Specialist Medical Negligence Solicitor
2. Determining The Liability For Medical Negligence
3. Exploring Your Options For Making A Medical Negligence Claim
4. Gathering Your Medical Negligence Claim Evidence
5. Establishing The Value Of Your Negligence Compensation
6. How Can Medical Negligence Solicitors UK Co Help Me?
7. More Information

Speak To A Specialist Medical Negligence Solicitor

Before starting your claim, we recommend speaking with a specialist medical negligence solicitor. While it’s not legally required, these professionals understand the complexities of clinical negligence claims and can help ensure that your case is handled correctly from the outset.

At Medical Negligence Solicitors UK Co, our solicitors have a deep understanding of the claims process and the medical standards that need to be met. That knowledge combines with years of experience, giving them the expertise needed to navigate every stage of a claim.

Medical negligence claims typically follow a set of steps under the Pre-Action Protocol for the Resolution of Clinical Disputes. These include:

• Accessing and reviewing your medical records.
• Sending a Letter of Notification to inform the defendant of the intention to make a claim.
• Drafting a detailed Letter of Claim outlining the breach of duty and harm caused.
• Awaiting a Letter of Response from the defendant.

The Pre-Action Protocol is designed to promote early resolution without the need for a court hearing. In the following sections, you will learn more about how one of our specialist solicitors can help you navigate this part of a medical negligence claim.

Additionally, you can find out more about the benefits of working with one of our medical negligence solicitors by speaking with our advisory team. They can also provide you with a free, no-obligation case assessment to help you take your first steps towards claiming compensation.

Determining The Liability For Medical Negligence

To help determine liability for medical negligence, you will need to prove that:

• A duty of care was owed to you.
• This duty was breached.
• The breach caused avoidable harm.

Every medical and healthcare professional (as well as facilities like hospitals) owes a duty of care to those they treat. That duty requires someone like a doctor or nurse to provide their patients with a standard of care that meets the minimum expectations.

As part of the Pre-Action Protocol discussed above, your solicitor will liaise with the defendant’s representatives. This involves disclosing documents, reviewing medical evidence, and obtaining testimony from relevant experts. Throughout this process, our experienced team will take whatever steps are necessary to ensure your case is robust and well-supported.

If the defendant admits fault early in the process, then negotiations can begin. During these negotiations, your solicitor will work with the defendant’s representatives to try to reach an agreement over compensation, based on the available evidence.

However, in some cases, it is possible for a defendant to contest the claim and refuse to admit to their liability. We’ll explain what happens in such circumstances in the next section.

What Happens If Liability Cannot Be Agreed?

If liability cannot be agreed, then the claim may need to go to court. In such instances, a judge may decide the case on the basis of the evidence presented to the court.

However, it’s important to point out that most claims are settled out of court. In the rare event that your claim does go to court, one of our solicitors will ensure your case is presented professionally and effectively.

Our solicitors are dedicated to making the medical negligence claims process as stress-free as possible for you. They will handle the complex legal work, keeping you informed and supported throughout. You can find out more by getting in touch with our team of advisors.

Exploring Your Options For Making A Medical Negligence Claim

At Medical Negligence Solicitors UK Co, we’ve found that a Conditional Fee Agreement (CFA) is one of the most popular options when making a medical negligence claim. It’s a type of No Win No Fee arrangement that comes with several benefits, such as:

• No upfront solicitor fees.
• No extra solicitor fees as the claim moves forward.
• No solicitor fees at all if your claim is unsuccessful.

Under a CFA, you will pay your solicitor a success fee for the work done on your case if the claim wins. While it’s deducted from your compensation, the fee is kept small as the percentage taken is capped.

Our solicitors use CFAs because they believe no one should be denied justice because of their financial circumstances. If you’d like to learn more about the benefits of No Win No Fee representation, get in touch with our advisory team. They will explain your options clearly and can answer any questions you have about CFAs.

Gathering Your Medical Negligence Claim Evidence

You will need to gather evidence to support your medical negligence claim. If you claim through one of our solicitors, you will get expert help from the very outset with collecting and assessing relevant evidence. Our team handles this with precision and sensitivity, ensuring no detail is overlooked.

Accessing Your Medical Records

Your medical records can show what care you received, who provided it, and how your health was affected. You have a right to request these records from the hospital, GP surgery, or other healthcare provider. However, if you’re unsure about how to go about this, your solicitor can help make the request and review the content.

We also understand that reading your medical records can be emotional and confusing. That’s why our solicitors can navigate this process for you and explain everything clearly, so you know where you stand.

Getting A Second Opinion From An Independent Medical Expert

An independent medical expert will be used to assess whether your treatment fell below the minimum expected standard of care. Their impartial report can help determine how such a failure might have caused the harm you suffered. These findings may strengthen your case, improving your chances of a successful outcome.

You can learn more about proving medical negligence claims and how one of our solicitors can gather evidence on your behalf by reaching out to our advisory team. Our advice service is available 24/7, so you can rest assured that you’ll always get a prompt response to your queries.

Establishing The Value Of Your Negligence Compensation

Your solicitor may use the Judicial College Guidelines (JCG) to help establish the value of part of your medical negligence compensation. This document publishes suggested compensation brackets for various forms of harm, which are covered under a head of claim referred to as general damages. The second part of a claim is called special damages, which can compensate for the financial losses caused by the harm someone has suffered.

General damages take into account factors like whether the harm has led to long-term pain, a loss of mobility, or psychological trauma. It can also consider the overall effect on your quality of life (termed a ‘loss of amenity’).

Special damages might include:

• Loss of income if you’ve had to take time off work.
• The cost of private medical treatment, rehabilitation, and therapy.
• Travel for appointments and treatments, such as bus fares or petrol.
• Costs of care and assistance, including informal support from family members.
• Modifications to your home or vehicle if required due to the impact of the harm you endured.

Whether you’re claiming for surgical errors, medication errors, or birth injuries, one of our expert solicitors could help. Contact us today to learn more and get further guidance on the medical negligence claims process.

Get In Touch With Our No Win No Fee Solicitors

If you believe you’ve suffered harm due to negligent medical care, don’t hesitate to get in touch with our expert advisory team. They’re here to provide guidance and support, and can help you take your first steps toward pursuing compensation.

Reach out today for a free consultation by:

• Calling us on 03301230546
• Starting your claim online

More Information

To learn more about making a medical negligence claim:

• Learn about medical negligence claim time limits
• See how to make a gallbladder surgery negligence claim
• Find out how to make care home claims

Or, to find further resources:

• Get information about NHS Resolution
• Read about the Care Quality Commission (CQC)
• General guidance for doctors from the General Medical Council

Thank you for reading our guide on the medical negligence claims process.

How long does a medical negligence claim take? The answer is not a straightforward one, as each case has unique features and is subject to a range of outside forces that can affect the duration of the claims process.

To help answer this question, we’ve created this page to examine everything that can influence the passage of a medical negligence claim and explain these factors as clearly as possible. Moreover, there are certain things that can be done to potentially help speed a claim along. So, you’ll see information on the types of evidence you can provide, as well as making sure your claim is brought within the relevant time limit.

We also look at how our solicitors could help you seek compensation. In particular, we explain how a specific type of No Win No Fee agreement could benefit you and your claim.

To get a free assessment or ask any questions that arise as you read our guide, please use the details given here:

• Call us on 0330 123 0546.
• You can start a claim online by completing this form.

Browse This Guide

1. How Long Does A Medical Negligence Claim Take?
2. What Factors Will Determine The Length Of A Claim?
3. Can I Do Anything To Prevent Delays With My Claim?
4. What If A Medical Negligence Claim Has To Go To Court?
5. What If I Need Specialist Medical Treatment Before My Claim Is Settled?
6. Get Legal Advice From Medical Negligence Solicitors UK Co
7. Learn More

How Long Does A Medical Negligence Claim Take?

How long a medical negligence claim takes varies from case to case. After all, factors like evidence, what caused the avoidable harm, and a medical professional’s conduct all need to be properly assessed.

What Factors Will Determine The Length Of A Claim?

Multiple factors will determine the length of a claim. Below, we have set out a range of different factors that can impact how long it takes for a medical negligence claim to settle fully:

• The severity of the harm: More serious harm may require ongoing treatment and have a greater impact on your daily life. Therefore, it may take longer to properly assess your condition and prognosis. 
• If the patient can start a claim for themselves: Children and those lacking sufficient mental capacity require a suitable adult to claim on their behalf. The alternative is to wait until (and if) the individual is able to pursue legal action themselves. You can find out more about this aspect of claiming later on in this guide.
• Gathering evidence: For example, there could be a delay in getting copies of your medical records or recovering misplaced financial documents. The process of gathering evidence can also be time-consuming, particularly for complex cases.
• How soon liability is admitted: If your healthcare provider admits liability straight away and in full (such as for a cancer misdiagnosis), the claim will move a lot quicker. However, the process may take longer if certain facts are disputed or liability is refused entirely.
• Whether the claim goes to court: Most claims settle out of court, but there are rare instances where that is not the case (such as if negotiations over compensation end in failure). In such cases, your solicitor might need to make additional preparations, and there may be a wait for your claim to be heard.

We’ll get into greater detail on these factors throughout this guide. If you have any questions about your specific circumstances, talk to our team today.

Can I Do Anything To Prevent Delays With My Claim?

Fortunately, there are a few things you can do to prevent delays with your claim. Primarily, these involve gathering as strong a body of evidence as you can and following time limits.

Evidence In Medical Negligence Claims

Evidence is key to not only proving medical negligence but also helping solicitors negotiate the fairest settlement for their clients. If what you’re claiming for is backed by evidence, negotiations over compensation can move much quicker.

Some possible evidence that can be used in medical negligence cases includes:

• Your medical records could reveal what led to a misdiagnosis, provide details about the negligent treatment you received from a GP, or show what additional procedures you underwent. These notes could include scans, test results, surgical reports, and examination notes.
• Persons who attended your appointments or were present for surgeries can provide witness statements. Be sure to hand over their contact details to your solicitor so they can be interviewed.
• If the Bolam test is used, the report can make up part of your evidence. The test involves selected medical professionals assessing the care you received and determining whether the correct standards were met.
• Documents detailing any financial losses related to the unnecessary harm you experienced. For instance, payslips, receipts for purchases of wheelchairs, invoices for home modifications, and bank statements for domestic care.

Time Limits In Medical Negligence Claims

The time limits for medical negligence claims are set down by the Limitation Act 1980, which stipulates that you generally have 3 years to start a claim. There are 2 dates from which this may be counted:

• The date you received the substandard care.
• The date of knowledge for when you reasonably connected the avoidable harm you suffered with the standard of care received.

For instance, you may have suffered a perforated bowel due to a surgical error during a bowel surgery operation. However, it may not be immediately apparent that that was the cause of the condition.

Now, we touched on time limit exceptions and how they may affect how long a medical negligence claim takes. Children can only claim once they reach 18, and those who are mentally incapacitated can only claim if they recover to a sufficient degree. 

In order to avoid any possible delays while time limits are on hold, a suitable adult (from loved ones to solicitors) may apply to be the patient’s litigation friend to help start a claim. Litigation friends have decision-making powers over the claim and are required to act in the person’s best interests. The Court Funds Office (CFO) holds compensation awarded to minors until they turn 18.

You can find out more about time limits and what being a litigation friend involves by speaking to one of our advisors. 

What If A Medical Negligence Claim Has To Go To Court?

How long does it take to settle a medical negligence claim if it has to go to court? There is no set timeframe for court proceedings since a range of factors may affect the duration. The positive news is that the vast majority of claims settle out of court, so this really isn’t something you need to be concerned with. 

Medical negligence claims follow the Pre-Action Protocol for the Resolution of Clinical Disputes. The overall aim of the protocol is to facilitate a settlement as soon as possible and avoid a potentially lengthy court case. Your solicitor will guide you through the process, ensuring all the relevant documents are sent off when they need to be, and your claim has the right supporting evidence. 

What If I Need Specialist Medical Treatment Before My Claim Is Settled?

If you need specialist medical treatment before your claim is settled, you may be able to apply for an interim payment. This payment can help fund urgent medical needs and is taken as a proportion of your compensation before a claim concludes.

You may be eligible for an interim payment if it seems likely that a claim will be settled in your favour or the other party has admitted liability. To find out more about interim payments and their benefits, you can get in touch with our team. 

Get Legal Advice From Medical Negligence Solicitors UK Co

You can get free legal advice from the team here at Medical Negligence Solicitors UK Co 24 hours a day. Our advisors are always ready to take your call, provide further guidance, and assess your eligibility claim for free. 

Our solicitors offer eligible claimants highly desirable No Win No Fee terms under a Conditional Fee Agreement (CFA). This contract protects the claimant from solicitor fees at:

• The beginning of the claim.
• During the actual process itself.
• If a claim is lost.

Your solicitor will only take a payment for their services only if you receive compensation. This success fee is agreed to at the start and is taken as a small proportion of your compensation. The Conditional Fee Agreements Order 2013 puts a cap on the percentage that can be charged for success fees, so you can rest assured from the very beginning that most of the compensation will be yours.

Contact Our Solicitors

To ask our team, “How long does a medical negligence claim take?” or to get a free eligibility assessment, use any of the contact information provided below:

• Call us on 0330 123 0546.
• You can start a claim online by completing this form.

Learn More

You can read further on medical negligence claims by browsing these guides:

• Learn about claiming anaesthetic negligence compensation.
• See how to make a hospital-acquired infection claim.
• Check the eligibility criteria to claim for a failure to obtain informed consent for a medical procedure. 

We have also included a number of external resources that you may find helpful:

• Read the guidance on good medical practice for doctors from the General Medical Council.
• Find out about the work of NHS Resolution and how it manages claims.
• Discover how to complain about a service or provider from the Care Quality Commission (CQC).

We’d like to thank you for taking a moment to read this page. Please reach out to our team for further information concerning the question, “How long does a medical negligence claim take?”