Here we look at some of the most frequently asked questions in relation to third degree tear claims.
Can I claim for a third degree tear?
If you have suffered wrongful injury as a result of substandard medical care, you will be entitled to pursue a claim for compensation. This might apply if you sustained a third or fourth degree tear which was:-
- Not diagnosed and repaired shortly after the birth;
- Not repaired to an acceptable standard;
- Caused by substandard medical care (such as a poorly performed episiotomy).
How do I find out if I can claim?
To find out if you are in a position to make a medical negligence compensation claim, the easiest thing to do is to contact a solicitor who specialises in this area of the law. Most will offer a free initial consultation, meaning you can talk to a legal expert about the care you received without charge. A solicitor will then suggest what options are open to you, advising whether or not you have the grounds for a claim.
When should I contact a solicitor – are there any time limits?
You should contact a solicitor as soon as you are aware of the negligence. It is important not to delay because there is a three year time limit. This starts from the date the tear occurred, or from the date it was diagnosed (which is called the date of knowledge). If you exceed this time limit it will not be possible to bring a claim.
How much compensation will I receive?
If your claim is successful, you will be awarded a sum of compensation. It is difficult to state exactly how much you will receive because each claim is assessed on its individual merits. You will be awarded a sum to reflect the extent of physical/emotional pain and suffering, and a sum to recover the actual financial loss you have incurred. Your solicitor can suggest how much you could be entitled to receive.
Will a claim cost me any money?
The majority of claims are run on a no win no fee basis. This means that if you lose your case, your solicitor does not get paid. The insurance company covering your claim (which is organised by your solicitor) will pay the other sides costs. Therefore if you lose, you will not incur any costs.
If you win, you will be awarded a sum of compensation and the other side will cover the costs. Your solicitor’s success fee will come out of your compensation settlement, although this is capped at 25% of your general damages and your past losses.
Who do I speak to about a birth injury claim?
If you would like to know more about claiming for a third or fourth degree tear, get in touch with us today.
Free, No Obligation Enquiry