There are various options which may be available to you to fund your medical negligence claim, including:
1. “No Win, No Fee” Agreement
A so called “No Win, No Fee” Agreement is formally known as a Conditional Fee Agreement.
This is a funding arrangement between you and your solicitor which enables you to cover the legal costs of bringing a claim in medical negligence.
The way that the agreement works is that if the case fails, you will not pay anything to us for our costs. We will write-off our costs to date at the point that the case fails. An After-the-Event insurance policy will have been put in place to cover other expenses, such as Court fees, expert fees, records fees, etc.
If the case succeeds, you will then be required to pay our fees plus a success fee. If you have won your case, you will usually be entitled to recover your costs from the Defendant. However, the success fee is not recoverable from the other side and will be payable from any compensation awarded. The amount of success fee is set at a percentage of our base costs and the level of that percentage will be assessed on a case-by-case basis at the outset, depending on the risks and merits of the case.
There is a cap on the success fee as to how much can be recovered. The cap is 25% of past losses and at the end of the case, we will set out in detail how much the success fee equates to.
2. Legal Aid
Legal Aid is only available in certain medical negligence claims, which are cases that involve children who have suffered an injury from birth as a result of medical negligence.
3. Legal Expenses Insurance
Legal expenses insurance refers to any pre-existing insurance policy that you have prior to the injury, such as house or life insurance, that would cover your legal expenses in the event of a medical negligence claim.
4. Private Funding
This means that you pay your solicitor incrementally for the work they have done for you. If your claim is successful then your solicitor will recoup their costs from the Defendant and you will keep all of the compensation.
However, should you lose your claim you will most likely be liable for both your solicitor’s fees and those of the other party.