When you want to make a claim in medical negligence your solicitor will discuss funding options with you during the 1st call.
There are 5 main options for funding a medical negligence claim:
- Legal Aid/Public Funding – in recent years this has been limited massively. Now all but a tiny minority of birth injury cases qualify. Which in turn means the vast majority of claims do not.
- Private fee paying – this would require the Claimant to pay their solicitor in advance at an hourly rate with all disbursements* also paid in advance by the Claimant. This is an extremely expensive option and one not possible for almost all Claimant’s.
- Trade Union Cover – If a Claimant is a member of a Trade Union that Union may cover the cost of a medical negligence claim.
- Before the event insurance/a policy of insurance already in place at the time the negligence occurred – some people have insurance that will cover a claim for medical negligence on a home/car/credit card or other policy of insurance that they already have. It is usually referred to as Legal Expense Insurance on the policy.
- No win no fee agreement – a no win no fee agreement is exactly what it says on the tin; if your claim fails there will nothing to pay. All we ask is that you remain open and honest with us throughout. If your claim fails the majority of your costs will be paid by the Defendant (a minority may be payable by the Claimant). The no win no fee agreement applies only to your solicitors charges. Your solicitor may also recommend a policy of insurance that will cover disbursements in the event that your claim fails.
If you think you may have been injured as a consequence of medical negligence but are concerned about how you will fund a claim call us and we would be happy to discuss your options.
*disbursements – all financial expenses incurred when bringing your claim such as medical expert fees and court fees.
There are several different funding arrangements available for commencing and investigating a clinical negligence claim, which we will discuss in detail with you in order to work out the best option for you.
Legal Expenses Insurance (‘Before-The-Event insurance’)
Many people do not realise that their household, car and credit card insurance policies sometimes include legal expenses insurance, covering clinical negligence investigations. In order to be valid, most insurance policies stipulate that the policy must have been in place during the time the injury occurred (thus cannot be retrospectively obtained). At Graystons Solicitors, we will always ask you to check your existing policies before offering a funding agreement to you.
Trade Union Cover
Similarly, if you are a member of a trade union or your place of work offers cover, we would recommend you check whether they will cover legal costs for investigating a potential clinical negligence claim.
Legal Aid Funding
Legal Aid funding is available in some limited circumstances, primarily in relation to neurological injuries resulting in disability suffered by a child at birth or during pregnancy. There are also financial eligibility criteria to meet in order to obtain such funding. We are happy to discuss the viability of applying for Legal Aid funding with any potential client.
Conditional Fee Agreements (‘No-Win-No-Fee Agreements)
A Conditional Fee Agreement means that if your claim was unsuccessful, there would be nothing for you to pay, so long as your claim is honest. If the claim was successful and compensation was obtained, Graystons Solicitors would take a maximum deduction of 25% from part of your damages as a success fee.
If you believe you have a potential clinical negligence claim you would like to pursue and would like to discuss funding options with us further, please do not hesitate to give us a call on 0151 645 0055, or email us at firstname.lastname@example.org”
The funding of a clinical negligence claim is usually one of the main concerns clients have. There are several forms of funding, including pre-existing legal expense insurance, Legal Aid (for a very limited type of case) and also ‘no win no fee’ agreements. Our lawyers will talk you through your options if you have a potential clinical negligence claim. ‘No win no fee’ agreements are the most common funding method used.
We are often asked, what would happen should a client pass away during the course of investigations. Sadly, due to the nature of clinical negligence claims, some clients can often be in poor health as a result of the treatment they have received.
In a recent case, Higgins & Co Lawyers Ltd v Evans  EWHC 2809 (QB), it was noted that the ‘no win no fee’ agreement contained a death clause which meant that a personal representative of the estate of the deceased client could continue with the claim. It is also often the case that a new ‘no win no fee’ agreement would be set up for the Executor. Therefore, it can be reassuring for client’s to know that their case will continue to be investigated even in the tragic circumstances of their death.
If you feel you or a loved one has been affected by negligent treatment, you can contact Graystons for further advice.
One of the biggest worries that people have when they first speak to us about their medical negligence claim, is how they are going to pay for the legal fees? This is very understandable as claims can take three years or more to complete and they can be very expensive. There can be the cost of medical expert reports and barrister’s and court fees even before you factor in your solicitor’s time. This is why at Graystons we offer conditional fee arrangements (CFAs) to clients that we feel have a potential claim that needs investigation. These are also known as ‘no win no fee’ arrangements.
After we first talk to you if we feel there may be grounds to investigate your claim, as long as you are honest with us, there would be nothing to pay if you were unsuccessful. If you were however successful and we manage to gain compensation for you, there would be a maximum deduction of 25% from your damages as a success fee for Graystons. This success fee enables Graystons to fund the work on cases that do not win, therefore allowing us to offer the ‘no win no fee’ option to all our potential clients that we feel may have a claim.
Hopefully this offers some reassurance that at Graystons if we feel that there are grounds to investigate a clinical negligence claim you will not be prevented from getting access to legal help and support due to the cost of pursuing that claim.
We at Graystons appreciate that when parents are considering legal action on behalf of their child, it can be daunting and worrying to think about how legal costs will be paid.
Legal Aid funding was largely abolished in 2013 for clinical negligence and medical negligence cases, but applications for Legal Aid can still be made in certain cases where there has been a brain injury during pregnancy or childbirth.
Graystons is one of a few specialist law firms who are still able to provide clients with Legal Aid funding for medical negligence compensation claims.
We can help you complete the Legal Aid application forms to secure funding to investigate a legal claim. If the application is approved, you will not need to pay anything for your legal fees or expert fees, even if the case does not win.
Even if the Legal Aid application is unsuccessful, you may be able to fund your case with a “No Win, No Fee” agreement with Graystons.
We at Graystons feel that there should be access to justice for all and that parents should not be prevented from receiving legal help and support due to the cost of pursuing a legal claim.
If you are considering making a making a medical negligence claim for a brain injury suffered to your child, we will be happy to discuss Legal Aid funding with you along with other funding options, so please do not hesitate to contact us.