“No win, no fee”/ Conditional Fee Agreement
If we are confident that your child has a good claim, we will offer to act for your child on a “no win, no fee” basis. “No win, no fee” means exactly that – if your child’s claim is not successful, there will be no fee to pay. A “no win, no fee” agreement is also known as a “Conditional Fee Agreement”.
If your child’s claim is successful, the Defendant will pay most of your legal fees, in addition to your child’s compensation.
If your child’s compensation claim is successful, we will charge you a success fee to reflect the risks we took in funding the claim through a “no win, no fee” agreement.
To provide you with certainty, the success fee deduction will be capped at an agreed percentage of your child’s compensation for past losses and general damages. This will be agreed with you at the outset. We will not make any deduction from the compensation awarded for future losses, which is typically the largest part of the claim. Any deductions relating to children must be formally approved by a judge, to ensure the deduction is fair and reasonable, when your child’s claim is settled.
There are some specific situations in which your child may win their claim, but the court could decide a proportion of the Defendant’s legal costs should be paid out of your child’s compensation. For an additional cost, we can arrange insurance with a leading insurer at a competitive premium. If you decide to take this option, the premium is payable at the end of the claim and only if the claim is successful.
Legal Expenses Insurance
You may have an insurance policy to fund the legal fees involved in bringing a claim on behalf of your child. 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. It 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.
Legal Aid
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 child’s compensation claim. If we think your child has a strong claim, we will find the most appropriate funding solution for them.
