Funding Your Claim

We appreciate that funding can be the main concern to clients and that solicitors often receive ‘bad press’ for their fees. We can reassure clients that they will not be left with a huge bill they cannot pay.

There are a number of different methods of funding a claim and all methods are discussed with you at the initial interview. To assist, we have provided a summary below:

Conditional Fee Agreement also known as ‘No Win No Fee’

These types of agreements are well publicised on the television and radio. Under a ‘no win no fee’ agreement we will not charge our fees if the claim is unsuccessful. However, you must be aware that you could still have to pay for expenses incurred, such as obtaining medical records and medical evidence, if the claim is not successful. Further, if the claim has been issued at Court, you could be responsible for the Defendants costs.

To ensure you are not left with these costs an insurance policy is taken out which will pay for expenses and the Defendants costs.

Whenever pursuing a claim under a ‘no win no fee’ agreement it is vital that you have the insurance policy in place.

Legal Aid

Legal Aid is available for some Clinical Negligence cases. You may be eligible for Legal Aid for representation at an Inquest. Legal Aid is not available for Personal Injury claims.

Eligibility for Legal Aid is dependant on the your financial position which includes savings and income. In addition, the Legal Services Commission will also consider the merits of the claim. We have to be able to show that the claim has good prospects of success and that the compensation likely to be received will exceed the costs incurred in pursuing the claim.

The Government have recently issued proposals to abolish Legal Aid for Clinical Negligence claims. If these proposals are implemented then Legal Aid may not be available from 2014. We will keep clients updated with the progress on this issue.

Legal Expenses Insurance (Legal Protection)

Legal expense insurance can be found on most insurance policies such as home contents/buildings insurance and vehicle insurance. Some people are not always aware that they have this benefit. It can be included within a policy without prior knowledge but often comes at an additional premium.

We will always ask you to bring to the first interview any insurance policies they hold so we can check for legal expense insurance. If you do have this benefit we will contact the insurers and ask if they will fund the claim.

Private

If you do not have the benefit of legal expense insurance, are not eligible for Legal Aid and a ‘no win no fee’ agreement is not possible then you may choose to fund the claim privately. This will involve paying an amount on account of costs initially. We will always advise you of the risk of funding claims privately.

Trade Unions:

If you are a Union Member, the Trade Union may cover the cost of pursuing your claim.

All funding options will be discussed in detail with you at the initial free interview.