How To Fund A Medical Negligence Claim
There are different ways to fund a medical negligence claim, with the most popular being a 'no win no fee' arrangement.
If you are thinking about making a claim, we will explain the various funding options available to you. We will not proceed unless you are happy with the agreement.
How to fund a medical negligence claim?
A medical negligence claim can be funded through:
- A no win no agreement
- Legal expenses insurance
- Trade union
- Legal aid
No win no fee medical negligence claims
As mentioned above, no win no fee agreements are the most popular funding arrangement for medical negligence claims. You enter into a contract with your solicitor, which is called a 'Conditional Fee Agreement' (CFA).
The contract states that you will not pay anything if your claim is unsuccessful, and your solicitor will not get paid. If your claim is successful, your solicitor is entitled to claim a 'success fee' from your compensation settlement. However this is capped at 25% of your damages.
Legal expenses insurance
Legal expenses insurance covers the cost of legal action bought by the policy-holder. It is often tagged onto to other insurance policies, such as home insurance. You may not be aware that you have it, so you will usually be asked to check before starting a claim.
Trade union
Trade unions often offer their members legal representation. If you are a member of a trade union, will be need to ask whether they would offer representation for a medical negligence claim.
Legal aid
Legal aid has been largely abolished for medical negligence claims. The only cases where legal aid is available are 'catastrophic injury' cases. This refers to birth injuries in which the baby has suffered severe brain damage, leading to conditions such as cerebral palsy.
Deciding what's best for you
The best funding option will depend upon you and your individual circumstances. We will discuss the different arrangements with you, advising what is most suitable for you.
All the funding agreements work to protect you financially. If you cannot rely upon legal expenses insurance, a trade union or legal aid, there is always a no win no fee agreement. These were actually devised to enable anyone of any financial standing to make a claim, as they do not cost anything if you lose.
Contact us for more information
For more information on how to fund a medical negligence claim, please get in touch with us. We will ensure you are satisfied with the funding agreement before starting the claim. If there is anything you do not understand, simply ask your solicitor.
Please call us free on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form.
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Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
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