No win no fee medical negligence claims
There are four ways in which to fund your legal case:-
No Win No Fee
In the late 1990s the government decided that legal aid was too costly, and replaced the idea with the conditional fees scheme, otherwise known as no win no fee. Put simply solicitors acting on no win no fee medical negligence cases will only be paid if they win the case for their client.
Hospital Negligence’s specialist solicitors offer the no win no fee scheme and this means that there is no financial risk to clients. Our clients will not have to contribute towards the cost of their case if it is unsuccessful, provided they have entered into a cover agreement with our recommended insurer.
This means that if you have been left with injuries due to a surgical error, maternity care mistakes, poor treatment by your GP or anything else, our fees are only paid if we win the case and compensation has been awarded. In most cases we will be able to claim our fees from the opposing party.
Legal aid has been widely phased out but it is still available in certain medical negligence cases. These cases usually involve children who have suffered neurological injuries due to medical negligence during pregnancy, childbirth, or in the eight weeks following birth.
To qualify for legal aid claimants must fulfil certain financial criteria. If a claimant does not fulfil the required criteria it is likely that they will be offered the no win no fee as an alternative.
Private funding is a fairly rare option as most clients do not want to risk unnecessary dents in their own pocket, preferring instead to take advantage of less financially hazardous options. If you fund your own medical negligence claim, you win the case and it is valued at more than £1,000, then the opposing side is legally obliged to pay both your costs and compensation.
If you are unsuccessful, however, you must pay the legal costs of the defendant – and in lengthy cases these could be eye-wateringly high.
Legal Expenses Insurance
Some people have specific legal expenses insurance, or they have this kind of insurance as an add-on to other insurance policies. In some cases this kind of cover can be used to fund legal action but it is not always advisable to use insurance in this way, as medical negligence claims can be particularly lengthy and, therefore, costly, raising premiums to a very high level.