Specialist Solicitors

Funding Options

Clinical Negligence Law

Compensation Calculation

NHS Complaints

Accident & Emergency

Coroners Inquests

GP Negligence

General Surgery

Cancer Diagnosis

Brain Haemorrhage

Birth Injury

Hypoglycaemia

Obstetrics & Gynaecology

Cauda Equina Syndrome

Cosmetic Surgery

Female Sterilisation

Vasectomy Failure

In addition to no win no fee medical negligence compensation claims there are a number of other potential methods that can be used to fund cases in the County Court or in the High Court including legal aid, before the event insurance, private finance and trades union funding.

Legal Aid – Those on a low income or in receipt of benefits may qualify for legal aid to investigate and take legal action in a potential clinical negligence claim. Nearly all children will qualify for legal aid as the assessment process will consider only the child’s personal income and assets (rather than the personal income and assets of the child's parents).

No Win No Fee Medical Negligence Claims – Most solicitors operate this scheme however they will usually require that the claimant finances their own disbursements and expenses whilst the solicitor carries out the legal work without making any charge for their time except and unless the case is won. In those circumstances the losing third party will pay all of the claimants’ legal costs which will effectively also refund any expenses and disbursements paid out in advance by the claimant.

Before The Event (BTE) Insurance – This is provided through certain household insurance policies. Owners of these policies should read the fine print to see if they are covered to take legal action to pursue a civil claim through the courts.

Trades Unions – These organisations may grant membership benefits to some claimants who are pursuing legal action before a civil court. Because the no win no fee medical negligence scheme is commonly available, many trades unions have opted to take back this privilege from their members. It is however still worth enquiring as there are occasions when a trades union will agree to cover a member's expenses - as always in trades union matters discreet inquiries may help.

Private Funding – Some claimants may opt to privately fund their claim, however, if a claimant has done the rounds of solicitors using the no-win no-fee scheme and no solicitor wants to take the case, then this should be a warning that the claim will probably be rejected by the civil court.

There is also another funding issue that must be considered and that is in regards to the potential for the case to be lost. This is not a problem for one of the funding categories as no costs awards can be made against a legally aided claimant however for a no win no fee medical negligence claim and for the other funding categories there is always the risk that the case will be lost and an award of costs can be made against the claimant for the winning sides legal charges. This is resolved by the use of an ‘after the event’ insurance policy which covers the claimant against the potential liability for the defendant’s legal costs.

This website is for information only and does not contain medical or legal advice which should only be obtained from a qualified professional person. This website does not recommend any individual medical or legal professionals and does not refer matters on to any medical or legal professionals. This website is not intended to endorse any person, association or firm.