No win no fee medical negligence claims
There are four ways in which to fund your legal case:-
No Win No Fee
Prior to 1998 Legal Aid was available for qualifying applicants to make investigations and take proceedings for all personal injury claims. The Government at that time decided that the financial burden of legal aid was unacceptable and as a result Legal Aid was withdrawn for most personal injury claims and was replaced by the conditional fees scheme (no win, no fee). A solicitor acting under a conditional fee agreement is only entitled to be paid his legal fee if he wins the case. If the case is lost then the client does not have to pay anything towards the cost of the case. The specialist medical negligence solicitors at Hospital Negligence offer the no win, no scheme, meaning there is absolutely no financial risk to you and you will not be asked to contribute anything towards the cost of the case if you lose, as long as you enter into the agreement with cover from our recommended insurer.
Legal Aid is still available to cover the cost of taking legal action in certain cases of medical negligence. Legal aid is subject to the applicant satisfying financial and other criteria required by the Legal Services Commission who administer the fund. It is not necessary to insure against losing as a costs order cannot usually be made against a legally aided claimant. In the event of the applicant not being eligible for legal aid then the claim can be made using the no win no fee scheme where appropriate.
Medical negligence claims are rarely funded privately as most claimants take advantage of the no win no fee scheme which reduces financial risk. If a medical negligence claim is funded privately and you win your claim and it is valued at more than £1,000 then the other side must pay your compensation and your legal costs, conversely if you lose the claim then you must pay the other side's legal costs. It is possible to take out insurance to cover the risk of losing the claim and being ordered to pay costs however insurance will not normally cover your own solicitor's legal costs which in the event of losing the case must be paid from your own pocket.
Legal Expenses Insurance
Some household and other insurance policies have legal expenses cover to pay for a solicitor to take legal action and this cover sometimes extends to pay for legal action for medical negligence claims.
Claims involving negligence by a healthcare provider are often complex and it is essential that you are properly represented to ensure that you establish liability and obtain maximum compensation. Our service is completely free to you and the solicitors that we recommend are accredited clinical negligence experts.
If you would like free advice from a specialist solicitor then just complete the contact form and a member of The Law Society panel of medical negligence experts will contact you by telephone with no obligation.