Personal Injury and Medical Negligence
When an injury changes more than the immediate future.
Serious injury and medical negligence claims require careful investigation.
The legal case matters.
So does understanding what the injury actually means for the person’s life, work and future.
Understand the injury. Understand its impact. Build the case properly.
Personal injury
- Serious and catastrophic injury
- Road traffic accidents
- Workplace accidents
- Fatal accidents
- Complex medical evidence
- Long-term disability
- Loss of earnings and future financial loss
Clinical negligence
Clinical negligence cases require careful analysis of both breach of duty and causation.
An adverse outcome does not necessarily mean there has been negligence.
Equally, negligence alone does not establish that it caused the injury complained of.
We work with appropriate medical experts to investigate those issues and assess whether a viable claim exists.
Serious injury
The more serious the injury, the more important it becomes to understand its long-term consequences.
Claims may involve future care, accommodation, equipment, loss of earnings, pension loss and other continuing needs.
Evidence needs to be developed carefully so that the claim reflects the real impact of the injury.
Fatal claims
We represent families in civil claims arising from fatal accidents and medical negligence.
Where a death has also resulted in an inquest or other investigation, our wider experience allows the different proceedings to be considered together.
Claimants, defendants & insurers
Advocates Smith Taubitz Unsworth Ltd acts for injured individuals as well as insurers and defendants.
That gives our team experience of how serious injury litigation is analysed from both sides.
Funding
Legal Aid may be available for some claims, subject to eligibility and the applicable rules.
Some clients may also have legal expenses insurance through household, motor, travel or another insurance policy.
Where neither applies, we can discuss private funding and likely costs.
Contingency or “no win, no fee” arrangements are not available under Isle of Man law.
Time limits
Claims are subject to limitation periods.
Anyone considering a personal injury or clinical negligence claim should therefore obtain advice promptly, even where the full consequences of the injury are not yet known.
Resolving the claim
Many claims settle.
Some require trial.
Our role is to prepare the evidence properly, assess the claim realistically and advise on whether a proposed settlement reflects its true value.