We can help you to secure fair compensation for infectious disease claims.
While many infectious diseases will get better on their own or with simple treatment, others can be more challenging with the potential for serious, long-term health consequences if not properly managed. If you or a loved one have been harmed due to a hospital acquired infection or due to mismanagement of an infection by medical staff, you may be entitled to compensation.
At Ashtons Legal, we support people living with the consequences of infectious disease negligence. We can assess your circumstances and advise on whether you may have grounds for a claim, then help you to secure the maximum compensation available.
When you contact our team, we will treat you with sensitivity and respect. Our aim is to make the claims process as easy as possible for you while ensuring you are treated fairly and get the support you need for your immediate and future needs.
Our experts can offer you:
- A free initial consultation on your claim
- No win no fee infectious disease claim funding
- A negotiation-led approach that means most claims are settled out of court
- Independently accredited expertise you can trust
- A very strong track record of successful claims
- A sensitive, personal service to support you during this difficult time
- A free rehabilitation service to aid your or your loved one’s recovery
Have a question? Please take a look at our Frequently Asked Questions About Infectious Disease Compensation Claims or get in touch and we will be happy to guide you.
Contact Us About an Infectious Disease Claim
To learn more about infectious disease compensation claims, please contact our experts. You will be offered a free initial consultation to sensitively discuss the particulars of your case and plan the potential next steps.
You can get in touch by calling 0330 191 4447, emailing enquiries@ashtonslegal.co.uk or filling in the enquiry form on the right-hand side of our contact page.
Our Expertise with Infectious Disease Claims
Ashtons Legal is committed to achieving the best outcome for every client. We take a personal, compassionate approach to support clients who are often struggling financially and emotionally with the situation they are facing.
Our medical negligence solicitors have extensive experience including with claims relating to various types of infectious diseases. With an excellent track record of success, we can give you the best chance of getting fair compensation for the impact on your life.
Ashtons Legal is an industry-leading law firm. We are recognised by top client guides the Legal 500 and Chambers and Partners and also hold many specialist accreditations, including Lexcel, AvMa, Brain Injury Group, APIL and many more.
Senior members of our team are recognised by the Association of Personal Injury Lawyers (APIL) as either Senior Fellows or Senior Litigators. They are on the Law Society Clinical Negligence Panel and Sharon Allison, our Head of Medical Negligence, also belongs to the Action Against Medical Accidents (AvMA) Clinical Negligence Panel.
What types of infectious diseases can you make a compensation claim for?
Our experts can help with infectious disease claims relating to diseases such as:
- Meningitis
- Measles
- Listeria
- Pneumonia
- MRSA
- UTIs
- Bacterial or fungal infections
- Hospital acquired diseases
- Encephalitis
- Kawasaki disease
- Necrotising fasciitis
- Improper treatment of chicken pox
- Sepsis
How To Make an Infectious Disease Claim
The first step to making a claim is to contact our team so we can arrange a consultation with one of our experts. They will talk you through the entire claims process, so you know exactly what to expect, then provide close, personal support through the entire claims process.
Our infectious disease claims service includes:
- Assessing your claim
- No win no fee infectious disease claim funding
- Building your case including access to experienced medical experts to support your claim
- Drafting and submitting a Letter of Claim to the defendant
- Mediation processes to reach a settlement
- Representing you in Court if necessary
- Access to our free rehabilitation service for ongoing health support
To make an infectious disease claim, please get in touch with our solicitors at Ashtons Legal. Below you can find more information about the specific processes involved.
Our Infectious Disease Compensation Claims Service
Assessing your claim
During your initial consultation, we will discuss your situation and advise on whether we believe you may have grounds for a claim. We will then further investigate your claim, including looking at evidence such as your medical records. We will only advise moving forwards where we believe you have a realistic chance of securing compensation.
‘No win no fee’ infectious disease claims
Your claim will be funded on a ‘no win no fee’ basis, also known as a ‘conditional fee agreement’. This means you do not have to pay our legal fees unless your claim is successful and, in many cases, the defendant would cover some or all of our fees following a successful claim anyway.
If your claim does not result in compensation, then you will not owe us anything.
Building your infectious disease case
We will ensure you have the strongest case possible before moving forward. This will typically involve looking at your medical records, securing witness testimony and seeking the opinions of independent medical experts.
Submitting the Letter of Claim
Once we are happy that we have all of the necessary evidence to support your claim, we will submit a formal Letter of Claim to the defendant. This will set out the nature of your injuries, the reasons we believe negligence was to blame and the level of compensation you are seeking.
The defendant must respond to the Letter of Claim within four months, either accepting liability or disputing it. If they accept liability, we will then seek to negotiate a settlement. If they deny liability, we will advise on next steps, including pursuing court proceedings where appropriate.
Mediation processes
If the defendant has accepted liability, then we will attempt to negotiate a fair settlement through mediation. In most cases, infectious disease claims can be resolved at this stage allowing claimants to receive fair compensation while keeping the time and legal costs involved to a minimum.
Court processes
If the defendant denies liability or a suitable settlement cannot be negotiated, then we will look to initiate court proceedings. A court would then decide whether compensation was due and how much this should be. Our team will support you through the entire court process, including ensuring you have the best possible representation.
Free rehabilitation service
Experience has shown us that clients often require extensive specialist medical treatment, care support and rehabilitation services while their claim is ongoing and before any compensation has been secured. To help ensure our clients get the support they need, we have a specialist rehabilitation team offering a free rehab service to clients regardless of whether their claim succeeds or not.
For more information about this service, please get in touch.
Frequently Asked Questions About Infectious Disease Compensation Claims
Can you claim compensation for negligent treatment of an infectious disease?
Nobody is automatically entitled to compensation just because they have experienced an infectious disease, even if that disease was caught in a hospital or other clinical setting. To be able to claim compensation, you must be able to show that:
- A duty of care was owed to either minimise the risk of contracting or developing an infection, or effectively manage an infection the patient already had
- The care received was negligent resulting in that duty of care being breached
- This negligence directly resulted in a worse outcome for the patient’s health than would likely have been achieved with proper care
Establishing these facts can be challenging and will rely on various types of evidence. Our team will look at evidence including medical records, witness statements and testimony from independent medical experts to help build the strongest possible case for you.
How much compensation can you receive for an infectious disease claim?
Working out exactly what compensation a person is owed for infectious disease negligence will involve a careful assessment of all of the ways in which their life has been impacted. This process is called ‘assessing quantum of damages’ or ‘assessing quantum’.
The compensation will generally be calculated on the basis of ‘special damages’ for any specific financial losses caused by the infectious disease negligence and ‘general damages’ for any non-financial losses.
Special damages can cover both specific financial losses that have already been incurred (e.g. lost income) as well as expected future financial losses (e.g. due to reduced future earning potential, paying for ongoing care etc.).
General damages can cover issues such as pain and suffering, as well as ‘loss of amenity’ i.e. the infected person no longer being able to carry out activities that they previously could.
How long do you have to make an infectious disease claim?
The time limit for infectious disease claims is normally three years, with this being counted from the date when you knew you or a loved one had been infected and that negligence on the part of clinical staff may have been responsible. This is known as the ‘date of knowledge’.
There are exceptions to this three-year time limit that may apply under certain circumstances. For example, if the infected person was under the age of 18 at the time of infection, then the three-year time limit only applies once they turn 18, giving a deadline of their 21st birthday to make a claim.
If the infected person lacks the mental capacity to make a claim (e.g. due to a serious brain injury) then there is no time limit for someone else to claim on their behalf.
How long does an infectious disease claim take?
There is no exact timeframe for an infectious disease claim as how long it takes varies from case to case. Generally, if the defendant accepts responsibility, then it may be possible to negotiate a settlement which can make the process much faster than if court proceedings are required.
Our team will advise you on likely timelines when you contact us so you have an idea of what to expect.
Contact Us About an Infectious Disease Claim
To learn more about infectious disease compensation claims, please contact our experts. You will be offered a free initial consultation to sensitively discuss the particulars of your case and plan the potential next steps.
You can get in touch by calling 0330 191 4447, emailing enquiries@ashtonslegal.co.uk or filling in the enquiry form on the right-hand side of our contact page.