I recently went into hospital for an operation on my ankle. Since the operation my ankle has been very stiff and feels much worse than it did before the treatment.
I want to know if I have a claim against my GP or the hospital where I was treated. I am worried about the cost. I work and have some savings in the bank, and so I don't think I would be eligible for legal aid.
I have heard of "no win no fee" agreements; do you think I could bring a claim on this basis?
Legal aid is still available for these claims and is means tested: if your earnings and savings are over a certain level, you will not be eligible for legal aid. If you are in receipt of state benefit or if the claim is on behalf of a child, then it is quite likely you would fall within the legal aid financial limits.
As you have said you are in work and have some savings and your potential claim is for yourself, you may not be eligible to legal aid.
We can look at other ways of funding your claim.
Many insurance policies carry Legal Expense Insurance (LEI) which means the claim would be funded from your insurance company. They would pay any legal costs that you would otherwise be responsible for. You may already have this cover and not be aware of it. For example, you may have LEI on your Home Contents Policy or your car insurance. You may belong to a trade union which also may give you LEI.
Your Solicitor may be willing to take on your case on any "no win no fee" basis or "Conditional Fee Agreement" (CFA). This means you do not pay your solicitors costs if you do not succeed. You may be asked however to pay "disbursements ", which are other expenses such as the cost of obtaining medical records and the cost of instructing medical experts. Your solicitor will only get paid if the case succeeds, such costs being recovered from the GP or hospital.
Also, you may wish to pursue your case on a private paying basis. This means that you will pay the solicitors costs and all the disbursements yourself.
You must also be aware that if court proceedings are issued and served on the defendant (i.e. GP or hospital) and your claim does not succeed, then you will be responsible for the defendant's costs and disbursements . If you are in receipt of legal aid, it is unlikely you will be asked to pay. If you have Legal Expenses Insurance, the insurance company will meet the defendant's costs and disbursements. If you instruct your solicitor on a Conditional Fee Agreement, the solicitor will advise you to take out insurance to cover the defendant's costs and disbursements. You can also take out insurance for the defendant's costs and disbursements even if you're paying privately. Your solicitor will arrange such insurance for you.
So even if you are not eligible for legal aid, there are many ways to fund the claim most of which will not incur excessive charges to yourself. Your solicitor has a duty to ensure they advise you on the best means of funding a claim to suit your own circumstances
I suggest you contact a solicitor to discuss the options available.
