How Will My Case Be Paid For

Funding a Clinical Negligence Claim

We will always find the best method of funding a case for your individual situation, having considered the available options. Broadly, there are 4 options available:

No Win, No Fee

“No win, no fee”, or a Conditional Fee Agreement (CFA) is an excellent method of funding a clinical negligence claim. If you win the case, the Clinical Negligence Team gets paid by your opponent, but there will be certain items which you will have to pay for, from the compensation which you recover. The vast majority of your compensation is “ring-fenced” from deductions, and will be guaranteed to be paid to you, but some items, such as the premium for the insurance which we need to take out on your behalf, and any Success Fee we charge, will ultimately be deducted from your damages. Very importantly, if you lose the case, you will be charged nothing. Most of our cases are funded this way nowadays.

Legal Expenses Insurance

Many people have Legal Expenses Insurance (LEI) as an add-on to Home and Contents Insurance, for example, or perhaps with their bank, or attached to some other insurance policy. Often the LEI will cover a medical negligence claim. The Clinical Negligence Team can assist you in applying to use this insurance to fund your claim. There is no cost to you.

Legal Aid

Legal Aid is available for children who have suffered brain injuries at or around the time of their birth, resulting in severe disability. If Legal Aid is available for your child then we will make an application on his or her behalf, and state funding will be available to investigate and pursue a claim. Only firms with accredited expertise such as the Clinical Negligence Team are permitted to obtain Legal Aid in such cases.

Private Funding

Very occasionally, if your case does not obviously have good enough prospects for a “no win, no fee” agreement, and LEI and Legal Aid are unavailable, we will agree to do a preliminary investigation for you at a fixed fee. If the investigation is positive, we will then enter into a “no win no fee” agreement (CFA) with you.