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Brain Injury

Who will pay my legal costs?

There are three main ways to fund an adult brain injury claim. Your solicitor will provide you with comprehensive advice on which of those options are available to you before taking on your case.

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“No win, no fee”/ Conditional Fee Agreement

If we are confident that you have a good 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 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.

You do not have to accept the law firm recommended by your insurer. Contact us before you contact your insurer for independent advice.

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.

Private paying

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 your medical negligence compensation claim. If we think you have a strong claim, we will find the most appropriate funding solution for you.

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