Funding a Medical Negligence Claim
Medical Negligence Claims: Funding a Claim
There are various ways to fund a Medical Negligence claim. Your legal advisor will discuss the various options with.
Our Panel Members are able to offer any of the following funding options:
Public Funding (formerly Legal Aid)
Nowadays it is difficult to obtain Public Funding for a Medical Negligence claim. Your legal advisor will assess your eligibility. You must be financially eligible before you can obtain Public Funding. In addition, usually your claim must also be worth in excess of £10,000.00. Once your financial eligibility has been assessed your claim must also meet a costs benefit test. I.e. the costs of bringing a claim must not substantially outweigh the benefit of bringing the claim.
Conditional Fee Agreements ("No Win No Fee")
A No Win No Fee Agreement (CFA) may be the best method of funding your claim if you are not eligible for Public Funding. You may be asked by your legal advisor to pay the costs of any disbursements (medical records fees and Experts' fees). You will not have to pay your legal advisor's fees unless you act unreasonably. You should discuss with your legal advisors the circumstances in which you may be asked to pay. No Win No Fee agreements only cover your legal advisor's costs and not those of the Defendant. Your legal advisor will advise you as to whether an insurance policy (known as ATE insurance) should be taken out to cover the Defendant's costs should you lose your case.
Please see our No Win No Fee page for more information.
Private Funding
This is the traditional method of funding a legal claim. Given the extremely high costs of Medical Negligence claims it may not be appropriate. However, your legal advisor may ask you to pay on a private basis in the first instance until the prospects of success are clear.
Legal Expenses Insurance
Some insurance policies also provide for legal expenses. They very rarely cover Medical Negligence claims but your advisor will be under a duty to satisfy themselves that you are not covered before they can consider any alternative methods of funding. You will be asked to provide copies of any insurance policies that you have which were in existence at the time of the alleged negligence.
Our Lawyers will discuss the various funding options with you. Contact us to discuss your Medical Negligence Claim with a specialist Lawyer.
Our Medical Lawyers
Are ranked highly for Medical Negligence by Chambers and Partners
Have over 10 years experience
Are members of the AvMA or Law Society Medical Negligence Panels
Are 100% dedicated to obtaining the maximum amount of compensation for you
Are ethically led and only act in your best interests
How are Medical Negligence Claims Funded?
All our Medical Lawyers are able to offer:
Public Funding (Legal Aid)
No Win No Fee Agreements
In addition, many people do not realise that they may have Legal Expenses Insurance (as part of their Home Contents or Car insurance) that covers Medical Negligence Claims. Our Lawyers will check your insurance policy and establish whether you have this benefit.
Free Claims Advice
Medical Negligence Claims Information
Click here for information on the
various types of Medical Negligence
Claims and the claims process.
Medical Negligence Claims Questions
Click here to see answers to common questions about Medical Negligence Claims.
Medical Claims Online - Funding a Medical Negligence Claims
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