Who will pay my legal costs?
The four main options to fund your claim are:
- “No win, no fee” agreement otherwise known as a Conditional Fee Agreement
- Legal Expenses Insurance
- Legal Aid
- Private paying
“No win, no fee”/ Conditional Fee Agreement
If we are confident that you have a good medical negligence compensation claim, we will offer to act for you on a “no win, no fee” basis.
This means that as long as you stick to certain obligations under the “no win, no fee” agreement, you will not be charged unless we succeed in securing compensation through an out of court decision or through court proceedings. If we don’t win your claim, there is no fee, hence “no win, no fee”.
If we win your medical negligence claim, your opponent will pay most of your legal fees in addition to your compensation. We will then seek from you the costs and disbursements incurred in pursuing your claim (that we are unable to recover from your opponent) and a success fee to reflect the risk that we have taken on in pursuing your claim (bearing in mind that we do not get paid if we do not win). This deduction will be capped at 15% of your total compensation.
Therefore the maximum amount we will deduct from your compensation for unrecovered fees, disbursements and success fee will not exceed 15%.
There are some specific eventualities in which you may win your claim, but the court may decide that you should pay a proportion of your opponent’s legal costs out of your compensation. For an additional cost, we can arrange insurance with a leading insurer at a competitive premium to safeguard against this risk.
It is always our intention that our clients receive the maximum benefit from their compensation.
Legal Expenses Insurance
You may have an insurance policy to fund the legal fees involved in bringing a medical negligence claim. In fact, many people do not realise that they have the benefit of this kind of insurance. Frequently this is an “add-on”, often without charge, to a policy primarily designed to cover some other risk and is often found in the following policies:
- Home insurance or home contents policies
- Car insurance policies
- Credit card insurance
- Employer’s insurance policies
- Private healthcare insurance policies
- Personal accident insurance policies
It is essential that such cover is identified. If you do have a policy, we will be pleased to advise you on whether that policy is suitable. Sometimes although cover exists, the indemnity limits may be too low or claim type may be limited.
You do not have to accept the law firm recommended by your insurer. Contact us before you contact your insurer for independent advice from our specialist team.
Legal Aid is now only available for medical negligence claims in which babies have suffered significant neurological injury under the age of 8 weeks. We have a franchise from the Legal Aid Agency to undertake legally aided medical negligence work.
We will let you know if we think an application for legal aid will be successful.
If you would prefer to pay privately, we will let you have our full terms of business including our hourly rates.
We would be delighted to provide you a free, no obligation initial telephone consultation to discuss with your medical negligence compensation claim. If we think you have a strong medical negligence claim, we will find the most appropriate funding solution for you.
If you or a loved one has suffered as a result of substandard care, please contact our medical negligence team on 020 7288 4800 or complete our online medical negligence enquiry form.