Funding Your 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:
Conditional Fee Agreement also known as ‘No Win No Fee’
These types of agreements are well publicised on the television and radio. Under a ‘no win no fee’ agreement we will not charge our fees if the claim is unsuccessful. However, you must be aware that you could still have to pay for expenses incurred, such as obtaining medical records and medical expert evidence, if the claim is not successful. You might also have to pay the costs of initial investigations to assess your case if it relates to clinical negligence. 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.
We will discuss all details relating to the conditional fee agreement and insurance policy at the first interview.
Barratts Solicitors have a Legal Aid Franchise. However, Legal Aid is now only available in limited Clinical Negligence cases and is not available for Personal Injury. It is also sometimes possible to get funding for an inquest.
Legal Aid is granted for Clinical 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”).
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.
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.
If you are a Union Member, the Trade Union may cover the cost of pursuing your claim.
All funding options will be discussed in detail with you at the initial interview.