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Funding a case once a client has passed away

  • Published: Monday January 27, 2020
  • Category: Claim Funding
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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 [2019] 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.