No Win No Fee
At Davies and Partners Solicitors our Medical Negligence specialist lawyers, can offer you a Conditional Fee Agreement (CFA), otherwise known as a ‘No Win, No Fee’ Agreement, to fund your claim.
A “No Win, No Fee” medical negligence Agreement is a contract with your solicitor, whereby you will only pay their fees if you win your case. If you are successful in your claim there is a concept where the loser pays the winner’s costs. This means that your solicitor’s base fee will be recovered from your opponent. Also if you are successful in your claim, as part of the contract, the solicitor is able to attach a success fee to their costs, which covers the risk of undertaking the work with the possibility of not receiving payment in the case of a lost claim.
Since the implementation of the Jackson Reforms in April 2013, it is increasingly difficult to recover your legal fees from the other side in the event of a successful claim. There are now strict guidelines for the value of fees that are able to be recovered and therefore it is common practice to obtain After The Event (ATE) Insurance to cover the cost of any fees that are not recoverable from the defendant. This insurance policy will also cover the costs that are still chargeable in the event that you lose your claim.
Coupling a Conditional Fee Agreement with an After The Event insurance policy, will cover all of the costs and remove the risk of any financial loss to yourself when pursuing a claim for hospital negligence.
At Davies and Partners many of our medical negligence claims are ‘ No Win No Fee’ or funded by a Conditional Fee Agreement.
The success fee:
The success fee is a percentage increase on the solicitor’s base fee, not a percentage of the claimant’s damages. The success fee and the premium for the insurance policy are the only costs that would be deducted from your damages. For claims entered into after April 2013, the success fee is subject to a 25% cap on the general damages incurred. This means that there will be no deduction from your future losses.
Other types of funding:
Before The Event (BTE) insurance: If you have any Legal Expenses Insurance, which is often included in household insurance or bank account policies, this if usually the first option for funding your claim. Different insurance companies have different policies here and some will allow you to choose your solicitor to represent you in your claim, whilst other companies have a set panel of solicitors that you must use.
Trade Union: If you are a member of a Trade Union there may be funding available here to bring your claim forward.
Legal Aid: Legal aid is only available in limited situations now:
a) claims involving neurological injury to a child resulting in serious disability, which arises during pregnancy, childbirth or in the eight week postnatal period; and
b) cases which the Director of Legal Aid Casework determines to be ‘exceptional’ on the basis that to deny legal aid would be a breach of the individual’s human rights.
At Davies and Partners we have a team of ‘No win No fee’ medical negligence lawyers across the UK. Please contact one of our team to discuss the possibilities of a ‘No Win No fee’ Medical Negligence claim.