As solicitors we understand the financial concerns that can arise when pursuing a clinical negligence claim (also known as medical negligence). In this article we explore the various funding options available to you, ensuring you have the support you need to achieve the best possible outcome.
- Before the Event Insurance (Legal Expenses Insurance)
The first step is to check if you have any existing insurance policies that could cover the costs of your clinical negligence claim. This type of insurance, often referred to as Before the Event (BTE) or Legal Expenses Insurance (LEI), may provide coverage for some or all of the legal expenses and costs, including expert report fees and court charges.
While BTE policies can vary in their level of coverage, we’ll work closely with you to understand the details of your policy and maximise the potential benefits. Even if your BTE insurer requires you to use a panel solicitor, we may be able to negotiate terms that allow you to retain our services.
- No win, no fee agreement
One of the most common funding options for clinical negligence claims is a Conditional Fee Agreement (CFA), commonly known as a No Win, No Fee agreement. Under a CFA, you won’t be responsible for any solicitor’s fees if your case is unsuccessful, as long as you’ve complied with the conditions of the agreement.
When considering a CFA, we’ll carefully assess the merits of your potential claim and the chances of success, which must be at least 51%. We’ll also evaluate the anticipated costs and potential compensation to ensure the arrangement is viable.
Should your claim succeed, the solicitor may apply a “success fee,” capped at 25% of the awarded general damages and past losses. This fee is deducted from your total compensation.
- After the Event Insurance (ATE)
Alongside a CFA, we often recommend taking out After the Event (ATE) insurance. This covers expenses like expert reports and Court fees if your claim is unsuccessful. ATE insurance can also shield you from having to pay any costs ordered against you, such as those resulting from declining a Part 36 offer.
The ATE insurance premium is usually only payable if your claim is successful, and the amount is dependent on the level of cover required.
- Trade union funding
If you are or were a member of a trade union at the time the alleged negligence occurred, it’s worth exploring whether the union can provide legal advice or assistance with your clinical negligence claim. Many trade unions offer legal support for their members, including personal injury and medical negligence cases.
We can help you navigate the process of accessing trade union funding, ensuring you receive the utmost support available.
- Private funding
Although private funding was once more common, it is now less frequent for clinical negligence cases. If you opt to pay privately, you will be liable for the law firms fees and expenses if you do not win your claim. If successful, you may be able to recover a portion of these costs from the other party.
When considering private funding, it’s essential to understand the solicitor’s hourly rates and any payments on account that may be required during the case.
At Farleys, we’re committed to guiding you through the funding options and helping you make an informed decision that best suits your individual circumstances. Our team will work tirelessly to secure the resources you need to pursue your clinical negligence claim effectively.
To discuss the possibility of making a claim for clinical negligence and your funding options, please contact our personal injury specialists today on 0845 287 0939, contact us by email, or use the online chat below.
