If you want to make a medical negligence claim for a birth injury, will it cost you any money?
Paying for your legal fees
The overwhelming majority of claims that we run are funded by a no win no fee agreement. This is a contract which the person making the claim (called the Claimant) enters into with their solicitor. No win no fee agreements are also called Conditional Fee Agreements (CFAs).
Whether you are funding your claim with a no win no fee agreement or with another arrangement (such as Legal Expenses Insurance), your solicitor will explain to you the fees involved. This will be done before you sign anything. If you are not happy with the arrangement, you do not have to proceed.
Will I have to pay anything?
However, a no win no fee agreement can be briefly summarised as follows:
If your case is successful
If your case is successful, meaning you win the claim and are awarded a sum of compensation, you will have to contribute towards your legal fees.
This never used to be the case, and until April 2013 your solicitor would recover their success fee from the other side. Unfortunately the law changed and now your solicitor must recover their success fee directly from your compensation settlement. Nevertheless, this is capped at 25% of your damages, so two thirds of your compensation is protected.
You will not normally have to contribute towards any other costs.
If your case is not successful
If your case is not successful, you will not have to pay anything. Your solicitor will insure your claim at the outset. This type of policy is called ‘After the Event’ insurance. The insurance company will pay for any costs that have been incurred, meaning you will not be left out of pocket whatsoever.
Want to know more?
If you would like to know more about the funding available for clinical negligence claims, and the legal fees involved, please do not hesitate to get in touch with us today. We can explain the various options in greater detail, stating whether you could be liable to pay any costs (something which is unlikely).
Discussing things with a solicitor will put your mind at rest, helping you decide whether or not you wish to pursue a claim for compensation.
To talk to a lawyer today, please contact us at Glynns Solicitors.
Call us free now on 0800 234 3300 (or from a mobile click to call 01275 334030) or complete our Free Online Enquiry and we will be happy to advise you of your legal rights and options (no charge).