After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.
We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.
Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.
We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.
Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.
If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.
Please visit our No Win No Fee page for more information on how it works.
In some circumstances you might be able to make a claim on behalf of someone else, including:
- On behalf of a child who received a contaminated or negligent blood transfusion before their 18th birthday
- For someone who doesn’t have the mental capacity to handle their own case
- On behalf of a loved one who has unfortunately passed away
If you’ve lost a loved one in these circumstances, we can help you with:
- Getting compensation for their pain and suffering, to account for financial losses caused by the death and to cover funeral expenses
- Representing you at inquest
- Dependency claims – helping you secure inheritance that wasn’t left in your loved one’s Will
- Getting you the answers and apology you deserve
Our lawyers could also help you access a statutory bereavement award, a flat rate of currently £15,120 (payable by the defendant when a wrongful death has occurred). This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.
To make a claim for someone who has passed away, you’ll normally have three years from the date of their death or three years from the point where negligence was discovered.
You’ll normally have three years to make a claim, either from the date of the transfusion or from the point where it was discovered that negligence was responsible for your injuries. However, there are some exceptions to this rule:
- If you had the transfusion before you turned 18, you can make a claim for your illness up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact on your illness which means that working out how much compensation you need can take time.
- If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.
If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.
We have a longstanding experience of succeeding with blood transfusion compensation claims. Most prominently, our blood transfusion lawyers acted on behalf of claimants in a landmark case against the National Blood Authority. This is to date the only litigated product liability group action heard by the Court involving Hepatitis C cases and the applicability of the Consumer Protection Act.
Overall, we have secured compensation for over a hundred haemophiliacs who had been infected with Hepatitis A, B, C and in some cases HIV and our defective products team are described as “’top of the field’ for pharma and medical devices claims” by Legal 500.
Meet Our Blood Transfusion Claims Solicitors
