When an individual suffers harm as a result of medical negligence, he or she may want to know what it will cost him or her to make a medical negligence claim. This is where No win No fee comes in.
Legal fees are quite expensive and only a few people who are buoyant may be able to make claims if everyone is required to pay for their medical negligence claim. This will mean that a lot of people will not seek redress and get justice for the avoidable pain and harm done to them.
No Win No Fee Medical Negligence
Also known as Conditional Fee Agreement (CFA), is a formal agreement between a client and his solicitor such that the claimant can make claims at no financial risk to him.
A No win No fee agreement is thus a formal contract between a negligence claims lawyer and the person willing to make the claim where the claimant is not forced to pay legal fees even if the claim is unsuccessful.
The No Win No Fee policy was introduced into law to grant equality and fairness to everyone who wishes to make a claim. Therefore, anyone who wishes to make a claim but cannot afford legal fees can also make a claim.
We are proud to say that we have some of the best medical negligence solicitors in the UK, friendly, understanding and ready to assist you make whatever medical negligence compensation claims you wish to make.
Medical Negligence claims that can be undertaken under the No Win No Fee Include-
As well as other types of medical negligence claims.
Our medical negligence claims solicitors are able to explain to you better if we can represent your claim under our no win no fee policy after a thorough professional evaluation of the details of your case.
Benefits Of No Win No Fee
If you wish to make clinical negligence compensation claims and get a deserved medical compensation it is important for you to know what you stand to gain by making your claims under the no win no fee health claims policy.
The advantages of using the no win no fee NHS negligence claims UK are as follows;
- You can make claims regardless of your financial status
- There is no need to pay legal fees upfront
- Your solicitor will be very clear with you on your chances of win because your solicitor wants to be paid and recognizes that it will only happen if your claim is successful.
- Expert medical negligence claims solicitors will be assigned to you who will guide you throughout the claim process which will boost your chances of being successful
Cons
- You may be liable to pay fees if you decide to abandon the claim halfway after legal work has begun
- You may be liable to pay fees if your claim is found to be false or you refuse to cooperate fully as part of the agreement of your claim.
- If your negligence claim is not successful, the defendant has the right to claim their court and solicitors’ fees from you.
In order to protect you from making payments to your defendant if your claims are unsuccessful, your solicitor will take out an insurance cover for you. This is known as the After The Event (ATE) insurance policy.
What is ATE Insurance?
The After The Event Insurance policy is taken alongside the Conditional Fee Agreement policy to protect you from making payments to the defendant if your case was unsuccessful.
With the ATE policy in place, your medical negligence claims solicitors can work on your case without pressure knowing that no financial risk is incurred on your account. This is simply because the ATE insurance policy protects you from making any costs you could potentially pay if your claim is not successful
- Such costs include;
- Legal or solicitor fees
- Cost of hiring an independent medical professional for the medical examination
- Court fees
It is therefore important that you have discussions with your solicitor about the ATE while taking your Conditional Fee Agreement.
The cost of an ATE policy is not fixed but depends on the claim you are making. But not to worry, you do not have to make any upfront payment as the cost of an ATE policy is usually paid after a successful claim.
Furthermore, ATE insurance policies are “self-insured” and so there is no financial risk to you if your case is unsuccessful.
Success Fee
When you decide for your solicitor to undertake your claims under the No Win No Fee policy, you have to agree on what percentage of your settlement award you will pay as success fee.
The Success fee is not to be more than 25% of the total settlement.
Although the percentage of your compensation award to be deducted as success fee will be determined based on the claim at hand, factors that generally affect the success fee include
- The cost associated with bringing the case
- How long the claim is likely to run before it ends successfully
- Level of risks in your case.
- The severity of the damages.
- The likelihood of a claim to be successful
Can I Pull Out Of A No Win No Fee Claim?
It may be possible for you to pull out of a No Win No Fee medical negligence Claim based on the terms of your agreement with your lawyer. However, you may be liable to pay legal fees for the work done up to that point you pull out.
This can be explained to you better by your solicitor during your pre-claim discussions.
Time Limit For Making A No-Win, No-Fee Medical Negligence Claim
The time limit according to UK law for making a medical negligence claim is three years. It means that legal proceedings must have begun within three years of the negligent incident, or three years of you becoming aware of it.
The few exceptions to this rule are
- Cases involving a victim under the age of 18
- Physically or mentally incapacitated patient
However, in these cases, a loved one can make claims on their behalf. It is important that a claim has been registered within that three-year time frame so that the Judge can give you a consideration where necessary or relax the time frame if need be.
