MEDICAL NEGLIGENCE LEGAL AID SOLICITORS
Solicitors entitled to apply for medical negligence legal aid are in a minority. Less than 1% of solicitors, those who are members of the Solicitors Regulation Authority panel of clinical negligence experts, are permitted to apply for public funding of legal costs on behalf of their clients for clinical negligence claims. Legal aid is available for taking action in a court of law for compensation for personal injury caused as a result of medical negligence. Legal aid is not available to claim compensation for personal injury caused in any other way. Medical negligence legal Aid is means tested which implies an assessment of income and assets and in certain borderline cases will be granted subject to the potential claimant making a contribution to the legal aid fund as part of the cost of the legal action.
COMPENSATION HELPLINE 0845 177 0929
Children
In most cases of a child who has suffered a birth injury caused by medical negligence including cerebral palsy, Erbs palsy and brachial plexus palsy, that child will qualify for public funding in the form of medical negligence legal aid to take action for compensation with a nil contribution despite having parents with substantial assets and income. That is because in cases where the medical negligence claim is being brought on behalf of a child under the age of 18, the child is the applicant for medical negligence legal aid and therefore only the childs assets and income, if any at all, is considered.
COMPENSATION HELPLINE 0845 177 0929
Legal Services Commission
The Legal Services Commission outlines the requirements for public funding applications regarding medical negligence. Legal Aid solicitors will where possible ensure your case complies with and satisfies the conditions of acceptance. Some of these requirements are:
Cost-Benefit – There are particular parameters in place that dictate what ratio must exist between the expected legal costs of a claim and the estimated value of compensation.
Prospects of Success – Public funding is not typically available for claims in which the prospects of success are less than even. If the costs exceed the likely benefit this will also be the case. However where cases have good prospects funding is more likely.
Importance of the Case – The Legal Services Commission will sometimes make a judgement regarding the importance of the case. This is a measurements dictated in part by the importance of the situation to the outside `reasonable man' and therefore not based on the passionate involvement of the particular person applying. Such judgements involve the estimated compensation level and the eventual consequences for the person applying should the application be denied.