Cancer Compensation Claims

If your life, or the life of a loved one, has been affected by cancer, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a personal injury compensation claim on a No Win No Fee basis.

In this article

Introduction

Awareness of cancer and its symptoms appears to have improved in recent years. High profile sufferers and media campaigns have helped to raise awareness of the importance of early screening for the condition as early as possible.

According to Cancer Research, the survival rates for cancer have improved dramatically. The number of people who manage to overcome cancer has doubled in the past 40 years. Many thousands of people are diagnosed with cancer each year (over 367,000 in 2017), and their ability to recover is often dependent on early diagnosis and treatment.

Why is early diagnosis important?

If cancer is discovered early, it is much more likely that the patient will recover and continue to have a normal life expectancy. Cancer that has spread to other parts of the body is much more difficult to treat, so early diagnosis can dramatically alter the potential prognosis for the sufferer.

What are the statistics regarding early diagnosis of cancer?

Cancer Research states that:

  • 9 in 10 patients who are diagnosed with bowel cancer at the earliest possible stage recover and survive for at least 5 years.
  • Over 90% of women who receive an early diagnosis of breast cancer survive past 5 years.
  • In excess of 90% of women who are diagnosed early with ovarian cancer reach the 5 year survival point.
  • 70% of people who are diagnosed with lung cancer in the earliest stages survive at least 5 years.

Late/delayed diagnosis

If you approach your GP with symptoms that could be ascribed to cancer, it is vitally important that you are referred to a specialist and for testing. Unfortunately, some cancers produce symptoms that could be attributed to other conditions, and this is where errors can occur.

If your GP has any doubt that any of your symptoms could be caused by cancer, he or she has a responsibility to ensure that all necessary precautions are taken to protect your health.

If there has been a delay in diagnosing cancer, it may be that your prognosis is affected by this. If an earlier diagnosis could have resulted in less invasive treatment, or could have halted the spread of a cancerous tumour, you may be entitled to claim compensation for medical negligence.

Doctors have a responsibility to investigate all symptoms, and all possible causes of those symptoms.

Misdiagnosis

Misdiagnosis of cancer can have a significant impact on your recovery, and on the length and quality of your life. If the doctor or specialist discovers abnormalities, he is duty bound to investigate further and arrange appropriate testing. Failing to do this can cause misdiagnosis, which can be very traumatic as well as dangerous for the patient.

If a doctor has conducted a biopsy or other tests to detect cancerous abnormalities, he then has a responsibility to act appropriately. Acting appropriately includes ensuring that the patient is fully informed of the results of tests, and that appropriate treatment is given in a timely fashion.

Doctors who fail to act appropriately in the wake of cancer testing or diagnosis may be liable for a clinical negligence claim.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

How does no win, no fee work?

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Can I claim if I feel I was partly responsible for my accident?

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor