First aid
When it comes to injury claims, law firm McMillan Williams are truly caring professionals. Andrew Kay met Michael Hartley to find out more
If your idea of lawyers who deal with cases of clinical negligence and accident claims is based on the Americanised ‘ambulance chasing’ TV and media advertising you could be forgiven. Over the past few years US TV dramas and ads applying shock tactics have certainly painted a rather cynical picture. But at McMillan Williams Solicitors nothing could be further from the truth.
McMillan Williams is a law firm specialising in residential and commercial property conveyancing, and also in personal injury and clinical negligence. Michael Hartley of McMillan Williams is quick to put things in place: “People certainly misunderstand what lawyers in this field do, and it has gained a bad name from the terrible ads on TV and radio, and spam texts and emails hitting people’s inboxes every day,” he says.
“The reality is, the vast majority of claimants we act for are legitimate and we help them to be aware of what is due to them. And the vast majority of solicitors in this field are reputable too. We need to dispel the belief that this is about compensation culture, people that are trying it on. If you come to us with a poor claim I will tell you it’s a poor claim and that it is not worth pursuing. We do not take on claims like that. Compensation culture is a myth constantly put forward by the insurance lobby.”
Since the availability of Legal Aid for most personal injury cases was withdrawn in the late 1990s the only way people on ordinary or lower incomes can now make this sort of legitimate claim is if solicitors work on a no win, no fee basis.
“In recent years the actual number of claims has fallen, but many people do have a right to compensation and in some very serious cases that compensation will be high,” Michael continues. “We tend to specialise in the more complex and higher value claims, for example cerebral palsy cases in young children, caused at birth or shortly after in a clinical setting, and often described as catastrophic circumstances. With more serious brain injuries, whether it’s a child or an adult, it’s not just the victim but the whole family that is affected. All of that has to be factored in.”
“McMillan Williams acts for people whose lives have been totally disrupted by accident or negligence”
The service McMillan Williams provides is to think beyond the confines of simple compensation and factor in other services, support groups and ongoing care the claimant requires, not only in the present but for their entire future. “Some cases take a long time to settle and we might have to bring in a case manager and team and seek interim payments. Cases like that can go on for many years and so obviously those interim payments are essential.”
The vast majority of clinical injury cases are dealt with by the NHS Litigation Authority and personal injury tends to be dealt with through insurance companies. “People tend to think that if you have a claim you are going to get a windfall but that is simply not true,” says Michael. “To have a claim in the first place you will have to have had an unpleasant injury. The purpose of compensation is to put the person in the position they would have been in had they never had the accident. The financial sum you get takes into account the actual injury, as well as other things such as loss of earnings or the care a person might need.”
Michael is an impressive but straightforward speaker who likes to avoid the legal jargon that can often bamboozle. Having decided on a career in law and having had the privilege of a good education, he was determined to put something back into society. After graduating he sought out training within union organisations and workplace injury specialists.
“Our business comes through a combination of recommendation, some marketing and walk-in customers but mainly because as a company we have a reputation for expertise in this area,” Michael says. “Sadly we also pick up work where other people have made a bit of a hash of it and we have to step in to put things right. “The days of general practice law firms are a thing of the past. High street lawyers now need to be more specialised. This is not a field for dabbling in; a firm like ours has access to all the experts needed to get the best result, to meet the immediate needs and for the future.
“In order to do a good job we have to retain a certain level of detachment and remain professional but at the same time it is equally important to have a good relationship with the client and the family and sustain that over long periods, often years. You cannot help becoming involved; you need to be able to balance the two. “Our job is to cut through the problems and get the best possible result. The same applies to the sexual abuse cases we handle, which are always difficult – but we are lawyers and not counsellors. We have to know where to draw the line, but our job is also to help clients access the care they need.”
For many people who think they might have a claim the biggest worry might be the cost of going to law. Michael clarifies: “Most of our clinical negligence work is legally aided but generally for personal injury the system we operate is no win no fee. That means we take a fee, or costs, which are awarded separately to an award of compensation. The client does not lose any of the money awarded to them, we do not take a percentage; the court decides what legal costs are due and who is liable for those costs. If we win the client generally gets 100 per cent of the settlement and costs are dealt with separately. “A first consultation with McMillan Williams is always free, few have the money to risk on a case at that stage and we advise carefully. We do not want to put people through an expensive and stressful process with no hope of a financial result. Managing client expectations is a very important part of the job.”
At McMillan Williams Michael works closely with Nicola Mooney, a lawyer with many years’ experience in this field and a professional he looks up to with great respect. Whilst much of their work is local, the nature of their expertise means they handle cases nationwide, acting for people whose lives have been totally disrupted by accident or negligence and doing their very best to make their futures as comfortable and as fulfilling as possible.
McMillan Williams, 11 Prince’s Street, Brighton, BN2 1RD, 01273 447884, www.mwsolicitors.co.uk
