Here you can find the answers to some of the most frequently asked questions about our Limb Loss Legal Panel.
Please select a question from below to view the answer or scroll down to read the whole FAQ sheet.
If you would like to learn more about our Legal Panel, or if you have any legal questions or requirements please call our Legal Panel Coordinator on 020 7650 1305 or email legalpanel@limbless-association.org
Q. What happens when you call the Legal Panel Helpline?
Q. Who is on the panel?
Q. How are referrals passed to Panel Members / do callers have to contact their designated firm directly?
Q. Who has a legitimate claim to compensation?
Q. What areas of law can be covered by the panel?
Q. Free "initial" advice - what does this mean?
Q. Who pays the legal expenses?
Q. Are there benchmark amounts of compensation for various types of limb-loss?
Q. How long after an incident can someone claim for compensation?
Q. Can someone claim again, for a greater amount, if an amputation occurs years after the initial claim / case?
Q. How long can compensation claims last for / when does a claimant receive any money?
Q. Who decides on the final compensation amount?
Q. Who eventually pays the compensation?
Q. How do legal panel members get paid / do claimants pass on any of their compensation?
Q. Why do you need a specialist in this area of law...added benefits of LLLP members?
Q. Should you / can you use a family or high street firm for a compensation claim?
Q. When should you approach a law firm for advice / can you do this prior to finishing medical treatment?
Q. What happens if you already have a legal rep...are you obliged to stay with that firm?
Q. I already have legal representation...can I still call the panel for guidance?
Q. If someone has representation but they want extra or specific advice, can they still call you?
Q. Will the Panel work with smaller firms to assist with their on-going cases?
Q. Do you compensate smaller firms for passing cases or a client onto you...how does this work?
Q. What happens when you call the Legal Panel Helpline?
A. You would first speak to the Panel Coordinator, who would ask for some basic details about your case. You will then be sent a document outlining the nature of the LLLP and the referral system (a legal requirement) before being contacted by a solicitor who will discuss your case with you in detail (this is usually done the day after your initial call).
Q. Who is on the panel?
A. There are 5 legal firms on the panel, all of whom have been specially selected by the LA as they are considered to be amongst the UK's leading firms in catastrophic injury cases. The five firms are Digby Brown (Scotland only), Irwin Mitchell, Kester Cunningham John, Leigh Day & Co and Pannone. When a member calls the LLLP helpline they will be assigned one of these firms.
Q. How are referrals passed to Panel Members / do callers have to contact their designated firm directly?
A. There is a rota system where each of the 5 legal firms receives a referral in a certain order. The panel coordinator would phone or email the relevant firm and provide an outline of your case so a solicitor from that firm can then contact you directly.
Q. Who has a legitimate claim to compensation?
A. Anyone who has been harmed by the conduct of another or been injured as a result of sub-standard medical care.
Q. What areas of law can be covered by the panel?
A. All panel members specialise in Personal Injury, Clinical Negligence and cases resulting in amputation, but the LLLP can help with most legal enquiries including family law, divorce, employment issues and many more, so if you have any legal enquiries or requirements contact the panel for free and we will let you know if and how we can help.
Q. Free "initial" advice - what does this mean?
A. The LLLP will discuss your case and take full details free-of-charge. This may include a face-to-face visit to assess whether there is a legitimate claim for compensation. The LLLP will advise you on the case, tell you what you could / should do next and inform you if there is a case to be answered. There will be no charge for any of the time or advice given, even if the panel are unable to help. If there is a claim then the law firm will offer to represent you.
Q. Who pays the legal expenses?
A. The side that loses the case. The loser pays all the legal expenses, plus the amount awarded in "damages", so a successful claimant will not lose any of their award.
Q. Are there benchmark amounts of compensation for various types of limb-loss?
A. No, although there are guidelines set out by the "Judicial Studies Board" and each case is decided by reference to this, as well as previously decided cases of law.
Q. How long after an incident can someone claim for compensation?
A. In the UK, usually within 3 years. If the injury occurred abroad then the time limit may be shorter and if it occurred on a ship it's only 2 years. However, it is still worth contacting the LLLP, even if more time has elapsed, so they can assess and advise whether there is still an opportunity to make a claim.
Q. Can someone claim again, for a greater amount, if an amputation occurs years after the initial claim has been settled?
A. No, other than in very rare circumstances.
Q. How long can compensation claims last for / when does a claimant receive any money?
A. A claimant will not receive any money until liability is established and agreed. However this is usually only the first step, as the amount of compensation then needs to be decided and agreed upon by both parties. This whole process can take anywhere between 2 and 6 years to complete (from the initial legal instructions). The client will be kept informed about the process, progress and estimated timings throughout their case by their legal representatives.
Q. Who decides on the final compensation amount?
A. If a negotiated (mutually agreed) settlement cannot be achieved then ultimately the court will decide on the final compensation amount.
Q. Who eventually pays the compensation?
A. If a hospital, healthcare professional or NHS Trust / PCT are being sued then the NHS Litigation Authority (a Government Department) will pay the compensation. In a Personal Injury case then the person / company who was to blame for the incident will pay the compensation (or their insurance company).
Q. How do legal panel members get paid / do claimants pass on any of their compensation?
A. All legal costs are paid by the side that loses the case, in addition to the compensation amount paid to the claimant, so usually it is not necessary to pass on any of the compensation amount.
Q. Why do you need a specialist in this area of law...what are the added benefits of LLLP members?
A. The 5 firms on the panel are all considered experts and specialists in this area of law and are amongst the UK's leading firms for Personal Injury and Clinical Negligence. This gives them additional and valuable experience and understanding into the various aspects of complicated compensation cases and means they are well-positioned to ensure that every claim is dealt with correctly and achieves the best possible outcome, with the maximum possible compensation. They also have a greater experience and understanding of dealing with the specific needs of people who have suffered a catastrophic injury and are preparing for a future life with a disability.
Q. Should you / can you use a family or high street firm for a compensation claim?
A. You are free to choose any firm you wish, but we would strongly recommend that you choose a firm that is a specialist in this field, as they will be better placed to advise you. You are also free to approach and make initial enquiries with more than one firm before deciding who you would like to represent you.
Q. When should you approach a law firm for advice / can you do this prior to finishing medical treatment?
A. As soon after an accident / incident as possible. This may be before the actual amputation surgery takes place, or soon afterwards, but certainly before you complete your rehabilitation if possible, as your legal claim may affect the type and level of treatment you are able to receive.
Q. What happens if you already have a legal rep...are you obliged to stay with that firm?
A. You can change your legal representation at any time if you are unhappy with the service they are providing, but it is obviously better to do this as soon as possible, as this may affect the effectiveness of your case. You should also get advice and consult with another legal firm first to ensure that they are able to offer you a better quality of service and that your reasons for being dissatisfied are justified.
Q. I already have legal representation...can I still call the panel for guidance?
A. Yes.
Q. If someone has representation but they want extra or specific advice, can they still call the Legal Panel?
A. Yes, if they want advice on a matter unrelated to their case, or if they want to talk through something they're not sure about then they should call the panel to see if it is able to help.
Q. Will the Panel work with smaller firms to assist with existing cases?
A. This depends on the circumstances and the firms involved - if a firm does not have the expertise to progress a case then an agreement to preserve their costs up until the date of transfer can be negotiated. Individual firms on the panel may also be able to see / advise clients with their local firm and have arrangements in place for fee sharing on transfer.
Q. Do you compensate smaller firms for passing cases onto you...how does this work?
A. Yes, this is possible through fee sharing on transfer or a "finder's fee" in accordance with the guidelines set out by the legal professions governing bodies.
Please Note: As part of our agreement with the Panel, its members make an annual donation to the Limbless Association, which helps to ensure a good quality service. This financial agreement complies with the Solicitors Code of Conduct 2007.