How do I finance my medical negligence claim?
It’s well established that medical negligence claims are more complex and often harder to prove than many other types of compensation claim, and as a result of this, they can also be far more expensive – not only because of the increased time commitment from your solicitor, but also due to the number of medical experts they may have to recruit to give the evidence that can make or break a medical negligence case.
It’s important to note that the majority of medical negligence cases do not go to court. As many as 98% are settled or dropped before they make it this far, and often simply the threat of legal action by an experienced solicitor can be enough to convince the defendant to offer a settlement. A qualified medical negligence solicitor will then be able to advise you whether or not the settlement you are offered are fair, and prepare full legal action in the event that you decide not to take it.
Your solicitor should have a good idea of how much your claim might cost and will be able to provide full details on the options available to help you pay them.
Conditional Fee Arrangements
Better known as ‘no-win-no-fee’, the vast majority of medical negligence claims are funded this way. The advantages of this system are that the claimant only pays minimal fees up front if the case needs any special investigation, and you are usually protected from having to pay the other parties’ legal fees should your claim be unsuccessful. You’re also able to keep the majority of your compensation – our network of medical negligence solicitors will charge a fee of around 20%.
Another major benefit of the Conditional Fee Arrangement (CFA) is that it ensures the solicitor that takes your case is reasonably confident that it will win, and they will receive their fee. This protects the claimant from paying upfront fees only to be left out of pocket if their claim wasn’t strong enough to hold up in court.
Prior to the late 90’s when CFAs came in, Legal Aid was how most medical negligence claims were funded. Now, however, you will only be eligible for Legal Aid if your claim includes a child who has suffered a neurological injury which caused severe disability. This injury must have been caused during pregnancy, childbirth or the first 8 weeks of the child’s life in order for you to qualify.
Legal Expense Insurance
Depending on the types of insurance you have for other areas of your life, there is a small chance you could be covered to make a medical negligence claim, as some home/contents policies or bank accounts and lending products do have this cover as an added extra. However, if you decide to use this insurance to pay for your claim, it’s important to get a medical negligence solicitor to look closely at the policy to ensure it covers everything you need. An expert should also be able to deal with the insurance company, so that you don’t have to do so during a time where you’re already under great stress.
Paying for it yourself
Under a CFA, the solicitor will only get paid if you win your case, so they will usually refuse to enter one if they feel your chances of winning are less than 60%. Although this is for your own protection as much as theirs, if you are adamant you would like to continue with your claim you could fund your own legal proceedings. But any responsible medical negligence expert would likely advice against this, as you will be liable for a high legal bill, including hourly rates of your legal team and expert witnesses, as well as costs for the other side if you lose the case.
A fully qualified medical negligence expert from our team will be able to tell you if you can reasonably expect to win your claim, so that you’re able to enter a CFA with one of our solicitors, and begin legal proceedings at no financial risk to yourself.
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Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert clinical negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.