NO WIN NO FEE MEDICAL NEGLIGENCE CLAIM
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.
No Win No Fee Medical Negligence Claims - Most solicitors operate the no win no fee 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 and will refund any expenses and disbursements paid out in advance by the claimant. The effect of this is that most no win no fee medical negligence compensation claims are not totally risk free and the claimant may be at risk of losing any fees paid in advance for disbursements including medical records and consultants examination reports. Whilst most solicitors could afford to pay all of the expenses they prefer their client to contribute in order that the claimant has a stake and thereby a serious interest in the outcome of the claim thus ensuring that the claimant is attentive and responsive to requests from their own solicitor in addition to deterring those who might consider making a frivolous or speculative no win no fee medical negligence claim.
COMPENSATION HELPLINE 0845 177 0929
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 with a nil financial contribution 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). Legal Aid funding is preferable to a no win no fee medical negligence claim as there is never any requirement for the claimant to contribute to expenses although there may be a requirement following the means test to make a contribution to the Legal Aid fund. In addition a Legaly Aided claimant cannot generally have a costs order made against them whereas in a no win no fee medical negligence compensatin claim the claimant is well advised to insure against potential costs orders in the event that the case is lost.
COMPENSATION HELPLINE 0845 177 0929
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.
COMPENSATION HELPLINE 0845 177 0929
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.
COMPENSATION HELPLINE 0845 177 0929
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.
COMPENSATION HELPLINE 0845 177 0929
After the Event Insurance
There is also another funding issue that must be considered and that is in regards to the potential for a 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.