Medical Negligence Claim Funding

If you are thinking of pursuing compensation for medical negligence but are worried about how you will fund your claim, this article is for you. Alternatively if you would like to speak to a legal professional about making a claim, contact us today and talk to one of our specialist solicitors. 

Will I Have To Pay For A Medical Negligence Claim? 

Anyone who has been injured as a result of medical negligence is legally entitled to claim compensation for the pain, suffering and financial loss they have incurred. 

However, many people are put off from doing so because they are worried about the financial implications associated with legal action. Questions such as: 'how will I fund a medical negligence claim?', 'will I have to pay for a claim out of my own pocket?', and 'will I face financial ruin if I lose my claim?' are common concerns amongst potential claimants. 

Nevertheless, you should not worry: the law has devised a way to ensure people of all means are able to obtain the compensation to which they are legally entitled. Therefore if you would like to pursue a medical negligence claim, you will be able to fund your claim in the following ways:- 

1. Legal expenses insurance 

Not everyone will have legal expenses insurance (LEI) and so this option will not always apply. If you do have LEI, it is possible you have bought it as an add-on to home insurance. Either way, it is there to cover the costs of legal action - including a compensation claim. 

2. Conditional Fee Agreement (No Win No Fee) 

If you do not have legal expenses insurance, you need to speak to a solicitor who will work on a no win no fee basis. Otherwise known as Conditional Fee Agreements (CFAs), no win no fee provides you with complete financial protection during the course of a medical negligence claim. If you win, your solicitor, your compensation settlement and other costs will be paid by the other side. If you lose, your solicitor will not be paid, and the other side's costs will be covered by an insurance policy arranged at the outset of your claim. This is known as After The Event (ATE) insurance and it pays for itself. Therefore no matter what the outcome of your claim, you will not have to fund your claim out of your own pocket. 

Make A Claim Today 

However, it is important to draw attention to the fact that the law is changing in April 2013. No win no fee claims will still exist, but there will be significant changes. Most notably, if your claim is successful your solicitor's fees will not be recoverable from the other side (as they are now). Instead your legal costs will be taken out of your compensation settlement, meaning you will receive much less than you would have previously.