CLINICAL NEGLIGENCE COMPENSATION CLAIMS FUNDING
Funding Claims
Methods used to fund clinical negligence compensation claims have fundamentally changed over recent years. In the past funding was mainly provided by legal aid, the no win no fee scheme, private insurance against the costs of legal proceedings, private funding and private legal aid funded by the trades unions. Things have now changed and the Legal Services Commission (LSC) which is the authority in charge of public funding formerly known as legal aid has made it clear the LSC should only be used as a last resort to fund cases.
Before The Event Insurance
Most solicitors will now initially look to household policies of insurance taken out to cover contents and bricks and mortar as there is often cover provided for taking and defending legal proceedings. This type of cover is known as ‘before the event’ (BTE) insurance and prior to contacting a solicitor most householders would be well advised to consider their household policy in detail to see if it affords cover take proceedings for medical negligence compensation.
Legal Aid
Legal aid may be available for applicants on very low income and for those in receipt of state benefits however it will be available to almost all children. In the case of children’s claims, parental income is not taken into account and most birth injury claims including cerebral palsy claims will therefore be eligible for legal aid funding without any parental contribution to the fund.
No Win No Fee
If a case appears to have reasonable prospects then a solicitor may consider dealing with it on a no win no fee basis however most solicitors will require that the potential claimant contributes toward the cost of disbursement expenses which includes medical reports and court fees as the matter proceeds. Subject to the payment of expenses, compensation awarded in a no win no fee case is usually paid in full. In the event that the claim fails the applicants liability will usually be restricted to disbursements with the solicitor’s firm writing off their own legal charges.
Trades Union Funding
Whilst in the past trades unions would provide indemnity against legal costs, since the advent of the no win no fee scheme in 1998 most unions now simply refer their members on to the union’s solicitor to deal with a claim on a no win no fee basis. Some unions will however still cover the costs of disbursements. In the event that a member is referred to the unions solicitor there is absolutely no obligation to use that solicitor as almost all firms that deal with clinical negligence compensation claims will consider dealing with claims on a no win no fee basis.
Free Advice
We can offer you advice on your specific situation either in person or over the phone. If you want to find out if you have a good case and how much money your claim may be worth, don’t hesitate to get in touch with our experts today. Regardless of your decision, you are never under any obligation to use our service. For free advice just complete the contact form and a specialist solicitor will phone you as soon as possible. If after talking to us you decide to proceed no further then you are under no obligation to do so and you will not be charged for our initial advice.
24/7 HELPLINE 0800 856 3500