Funding Your Medical Negligence Claim
We appreciate that our clients often worry about funding their claim. We discuss the different methods of funding a claim at our initial interview with you. To help you get an idea of how funding works, we have provided a summary below:
I Want a No Win No Fee Medical Negligence Claim Solicitor in Nottingham
– can you help me?
‘No Win No Fee’ types of agreements for medical negligence are well publicised on the television and radio and you are sure to know of them, whether you favour Trent Radio, University Radio Nottingham (URN) or any other station! A no win no fee medical negligence claim is also known as a Conditional Fee Agreement. It means you will only pay your solicitors’ fee if your clinical negligence claim is unsuccessful. However, you must be aware that you could still have to pay for expenses incurred even if your claim is not successful. These expenses will include obtaining medical records and medical expert evidence. In a clinical negligence claim, you might also have to pay the costs of initial investigations to assess your case.
In addition, there are circumstances when you could be liable for the Defendant’s costs. The Courts, for example, will consider this if the claim is exaggerated or dishonest.
To ensure you are protected against paying these costs and expenses, you can take out an insurance policy. You will need to pay a premium for this policy. It is only paid by you if the case succeeds.
Our solicitors will discuss all details relating to the conditional fee agreement and insurance policy at the first interview.
Can I Get Legal Aid for Medical Negligence?
Legal Aid for medical negligence has been restricted to a limited number of cases, including birth injury. Barratts Solicitors have a Legal Aid Franchise and we will be pleased to explain your position at our first meeting.
Legal Aid is granted for medical negligence cases that involve severe disability as a result of a neurological injury during pregnancy, childbirth or within the first 8 weeks of life. The majority of cases involve a lack of oxygen, suffered during delivery, leading to cerebral palsy. Your eligibility for Legal Aid will depend on the child’s financial position which we can assess for you. The Legal Aid Agency will also consider the merits of the claim. We have to be able to show that the claim has good prospects of success and that the compensation likely to be received will exceed the costs incurred in pursuing the claim (i.e. that it is “proportionate”).
What is Qualified One-Way Cost Shifting?
Qualified One Way Cost Shifting means that should you lose your case against the Defendant(s) you will not be responsible for payment of the Defendant’s costs. However, there are exceptions to this rule, for example dishonest or fraudulent claims, and these will be explained to you at the first interview.
Do I Have Legal Expenses Insurance (Legal Protection)?
Legal expense insurance can be found on most insurance policies such as home contents/buildings insurance and vehicle insurance. Some people are not always aware that they have this benefit.
We will always ask you to bring to the first interview any insurance policies you hold so we can check for legal expense insurance. If you do have this benefit we will contact the insurers and ask if they will fund the claim.
Can My Trade Union Help?
If you are a Union Member, the Trade Union may cover the cost of pursuing your claim.
Our clinical negligence solicitors discuss all the funding options in detail with you at the initial interview.