Can you finance a medical negligence claim?

How do I finance a medical negligence claim?

It’s well established that medical negligence claims are more complex and often harder to prove than many other types of compensation claim. As a result of this, they can also be far more expensive to finance a medical negligence claim.

Not only because of the increased time commitment from your solicitor. But also due to the number of medical experts they may have to recruit to give the evidence that can make or break a medical negligence case.

It’s important to note that the majority of medical negligence cases do not go to court. As many as 98% settle or end before they make it this far. Moreover, they’re often simply the threat of legal action by a capable solicitor can be enough to convince the defendant to offer a settlement.

A strong medical negligence solicitor will then be able to advise you whether or not the settlement is fair. Moreover, they’ll prepare full legal action in the event that you decide not to take it.

All our claims work on a No Win No Fee basis so you only pay if your claim is successful.

Conditional Fee Arrangements

Better known as ‘no-win-no-fee’, the vast majority of medical negligence claims occur this way.

The advantages of this system are that the claimant only pays minimal fees upfront. Particularly:

• if the case needs any special investigation, and;
• because you don’t need to pay the other parties’ legal fees should your claim be unsuccessful.

You’re also able to keep the majority of your compensation. For instance, our network of medical negligence solicitors will charge a fee of around 20%.

There’s also another major benefit of the Conditional Fee Arrangement (CFA). It ensures the solicitor that takes your case believes it will win, and they will receive their fee. The claimant, then, won’t pay upfront fees they won’t recoup if their claim loses in court.

Legal Aid

Prior to the late ’90s when CFAs came in, funding for most medical negligence claims came from Legal Aid. Now, however, you will only be eligible for Legal Aid if your claim includes a child who has suffered a neurological injury which caused severe disability.

This injury must have been caused during pregnancy, childbirth or the first 8 weeks of the child’s life in order for you to qualify.

Legal Expense Insurance

Depending on the types of insurance you have for other areas of your life, there is a small chance you could be covered to make a medical negligence claim, as some home/contents policies or bank accounts and lending products do have this cover as an added extra.

However, if you decide to use this insurance to pay for your claim, it’s important to get a medical negligence solicitor to look closely at the policy to ensure it covers everything you need. An expert should also be able to deal with the insurance company, so that you don’t have to do so during a time where you’re already under great stress.

Paying for it yourself

Under a CFA, the solicitor will only get paid if you win your case. Consequently, they will usually refuse to enter one if they feel your chances of winning are less than 60%. Certainly, this is for your own protection as much as theirs. But if you are adamant you would like to continue with your claim you could fund your own legal proceedings.

However, any responsible medical negligence expert would likely advise against this. Because you will be liable for a high legal bill:

• including hourly rates of your legal team and expert witnesses;
• as well as costs for the other side if you lose the case.

Trust in a No Win, No Fee claims solicitor

A medical negligence expert from our team will be able to tell you if you can reasonably expect to win your claim. Therefore, you’ll be able to enter a CFA with one of our solicitors, and begin legal proceedings at no financial risk to yourself. Chat with our experts today here.