Birth Injury Claims Legal Costs | Clinical Negligence Solicitors | Bolt Burdon Kemp Birth Injury Claims Legal Costs | Clinical Negligence Solicitors | Bolt Burdon Kemp

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Brain Injury

Who Will Pay My Cerebral Palsy Legal Costs?

There are four main ways to fund a claim. Your solicitor will provide comprehensive advice on all the options available before we take on your case.

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“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 child’s medical negligence claim, their opponent will pay most of their legal fees in addition to their compensation. For our child clients who have suffered brain injury, we do not make any deductions from their compensation.

There are some specific eventualities in which your child may win their claim, but the court may decide a proportion of your child’s opponent’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 to safeguard against this risk.

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 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.

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 with your child’s compensation claim. If we think your child have a strong medical negligence claim, we will find the most appropriate funding solution for them.

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