I understand that you might have questions and concerns in relation to funding a claim. Rest assured, I am committed to recommending the funding option that best aligns your financial interests and ensures you receive the maximum compensation.
To learn more about my expertise in handling medical negligence claims, the process and funding, please don’t hesitate to reach out to me for a free consultation. You can contact me at 0203 866 2226 or complete the contact form for a callback. I will assess your query and provide you with free advice, without any obligation to proceed by instructing me.
Funding Options for Your Claim
I can offer advice on a range of funding options for medical negligence claims, including:
1. ‘No Win, No Fee’ Agreement (Conditional Fee Agreement or CFA)
A ‘no win, no fee’ agreement suits the majority of clients, and I am pleased to accept cases under these terms. I can offer a free assessment to determine if your case qualifies, and I will guide you through the process.
Successful Claims
With a ‘no win, no fee’ agreement, you won’t need to worry about covering legal costs upfront. You only pay (a ‘success fee’ and a contribution toward ‘The Insurance Premium Fee’ detailed below) if we succeed in your case, with the majority of your legal fees being covered by the opposing party. In the event of success, you will receive compensation, providing funds to cover other legal expenses.
Success Fee
The Success Fee is capped at 25% (inclusive of VAT) of the damages recovered. The Success Fee only applies to damages awarded for Pain, Suffering & Loss of Amenity and past financial losses. It doesn’t apply to an award for future financial losses. Therefore, the Success Fee is often less than 25%. Depending on your circumstances and claim, I may be willing to consider waiving the Success Fee or reducing it.
Unsuccessful Claims
In case of an unsuccessful claim, you won’t be required to pay anything towards your case or your opponent’s legal fees. However, you will still be liable to pay disbursements incurred in the investigation of your claim such as medical report fees.
The Insurance Policy
In order to protect you against having to pay disbursements or adverse costs, an insurance policy is taken out. This is a self-insured policy with no upfront premium payable. This ensures that you won’t have to make upfront payments for essentials like medical expert reports. In a successful claim, the majority of the premium is paid by the opposing side with the client having to contribute towards part of the premium. In an unsuccessful claim, legal costs are written-off and disbursements are recovered from the insurance provider. The insurance policy pays its own premium and there is nothing to pay.
The Insurance Premium
The total ATE insurance premium cost and the client’s contribution will depend on the final amount of compensation you receive.
I am committed to transparency and guarantee no hidden costs. Your satisfaction, understanding and treatment are my top priority. A ‘no win, no fee’ agreement eliminates financial risk for you and ensures you receive the fairest possible outcome.
2. Trade Union Funding
If you are a member of a trade union, you may be able to fund your claim using their resources. Some trade unions offer legal expenses coverage for compensation claims resulting from accidents that were not your fault. If you’re uncertain about your trade union’s funding options, simply me know, and I will inquire on your behalf.
Even if you are no longer a trade union member but were at the time of the medical negligence incident, it may still be possible to obtain legal expenses funding from the union.
3. Private Funding
Whilst I do not recommend privately funding your claim, I do have clients that wish to do so. As seasoned legal professional, I ensure that you fully understand the potential costs associated with your claim. I will discuss funding details with you in-depth once I have assessed your case.
4. “Before the Event” Legal Expenses Insurance
You may have existing legal expenses insurance that covers the cost of medical experts’ fees for your claim. This type of insurance shields you from incurring costs after filing a claim. It typically covers all legal expenses related to your claim, including expert reports, often up to a specified limit. Legal expenses insurance may also extend to cover other legal costs, such as solicitor’s and barrister’s fees. I am able to discuss legal expenses insurance and all other funding alternatives during an initial consultation, which I offer free of charge.
5. Legal Aid
Claims involving children who suffered brain damage during pregnancy, birth, or within the first few weeks of life may qualify for legal aid to cover the cost of pursuing a case. I am prepared to offer advice and guidance regarding your child’s eligibility for legal aid.
I will explain the requirements for legal aid eligibility and provide clear, easily understandable legal advice. If your child meets the eligibility criteria for Legal Aid funding, I will match the terms offered by Legal Aid in the CFA.
