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If you believe you’ve suffered harm due to medical negligence, pursuing a claim may feel daunting—especially when it comes to understanding how to fund the legal process. At Taylor Rose, we’re committed to making it as straightforward as possible for you to access the compensation you deserve. This guide will walk you through the various funding options available for medical negligence claims in England and Wales.
1. No Win, No Fee Agreements (Conditional Fee Agreements)
One of the most popular ways to fund a medical negligence claim is through a No Win, No Fee agreement, officially known as a Conditional Fee Agreement (CFA). With this arrangement:
No upfront costs: You won’t need to pay any legal fees at the start of your case.
No financial risk: If your claim is unsuccessful, you won’t have to pay our fees.
If your case is successful, a success fee (a percentage of your compensation) may be deducted from your award. This fee is capped to ensure you receive the majority of your settlement.
CFAs allow many clients to pursue justice without the financial risk typically associated with legal proceedings.
2. Legal Expenses Insurance (LEI)
Many people already have Legal Expenses Insurance (LEI) without realising it. This type of insurance is often included as an add-on with home insurance, car insurance, or other policies. LEI can cover the cost of legal fees for a variety of claims, including medical negligence.
Before starting your claim, we will review your existing policies to determine if you have LEI coverage.
If applicable, your insurance may cover some or all of the legal expenses, reducing or eliminating your out-of-pocket costs.
3. After the Event Insurance (ATE Insurance)
When pursuing a medical negligence claim, there may still be some financial risks, such as paying the other side’s legal costs if your case is unsuccessful. To protect against these risks, we often recommend After the Event (ATE) Insurance:
ATE insurance is typically arranged after your claim begins.
It covers the costs you may need to pay if your claim is unsuccessful, such as the defendant’s legal fees.
The premium for ATE insurance is usually only payable if your claim is successful and can be deducted from your compensation.
This insurance provides peace of mind, ensuring that you are financially protected throughout the legal process.
4. Private Funding
For clients who prefer to fund their claim independently, private funding is also an option. This involves paying for your legal fees directly as the case progresses. While this option may be suitable for those with available resources, it does come with financial risks:
You will be responsible for covering all legal costs, regardless of the outcome.
However, if successful, you will retain 100% of your compensation as no deductions are made for success fees or insurance premiums.
Private funding is generally recommended for straightforward claims where the outcome is highly likely to be in your favour.
5. Legal Aid
In some exceptional cases, Legal Aid may be available for medical negligence claims. However, access to Legal Aid is limited and typically only applies to claims involving severe birth injuries, such as cerebral palsy, where the negligence occurred during pregnancy, birth, or shortly after birth.
Eligibility criteria for Legal Aid are strict and means-tested.
If you believe you may qualify for Legal Aid, our team will guide you through the application process.
At Taylor Rose, we recognise that every client’s circumstances are unique. Our specialist medical negligence solicitors will discuss your case in detail and advise on the most suitable funding option for your situation. We are dedicated to helping you secure the compensation you deserve while minimising financial stress.
If you’re considering a medical negligence claim, contact our expert team today for a free, no-obligation consultation. We’ll guide you through your options and help you choose the best path
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