Who pays the legal costs?
Before starting a medical negligence compensation claim, you need certainty and peace of mind about the costs involved and how they can be covered. At BLB Solicitors, we help take you through all of the various options to find the funding method that’s right for you. These are some of the options we can explore with you.
No win / No fee Medical Negligence
Known as a ‘Conditional Fee Agreement’, no win / no fee medical negligence can be an excellent way of funding your compensation claim. If you win, your opponent will pay the majority of your costs. However, there will be some items which can’t be recovered from your opponent that will be funded from your compensation if you win; this will include the cost of the insurance that will need to be taken out on your behalf and the success fee that is agreed with you when the agreement is entered into. On the other hand, if you lose the case, you’ll not be charged. The majority of medical negligence claimants fund their claims on this basis.
Legal expenses insurance
You may already have insurance to cover your legal expenses. For instance, it could form part of your home and contents cover or another insurance policy that you’ve taken out. Alternatively, it may be provided as an extra benefit by your bank or credit card company. If you do have this cover, we can help you with the application process and there’s no charge for this and liaising with the insurance company on your behalf.
Sometimes a no win / no fee medical negligence arrangement may be inappropriate for your case. If so, and if you don’t have legal expenses insurance and cannot access Legal Aid (see below), then we may be in a position to agree with you to carry out an initial investigation for a fixed fee. If the results of that investigation are positive, from that time onwards it may then be possible to enter into a no win / no fee clinical negligence agreement with you.
In 2013, Legal Aid for making clinical negligence claims was effectively removed altogether, with one very specific exception: children who have suffered a neurological injury during pregnancy, birth or the first 8 weeks of life. Further, to apply, the injury must have left the child severely disabled.
It’s all about finding the funding method that’s right for you.
Should you have any questions you may speak direct and in complete confidence to our Head of Medical Negligence, David Gazzard, direct on 01793 615011 or email him at firstname.lastname@example.org