Funding a medical negligence claim
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.