Because clinical negligence has a very precise legal meaning and because the subject is, by its very nature, technically complex, claims tend to be expensive.
A great deal of investigation is usually required which needs someone who really understands the issues involved and who can demonstrate sound judgment about what does and does not constitute negligence. However, there are three ways of funding claims without you having to incur the costs directly. These are: Public funding (Legal Aid), No Win, No Fee and Insurance. Each is described in more detail below.
Public Funding (Legal Aid)
You may be eligible for Public funding which is available, via the Community Legal Service (CLS), to those on low incomes who need financial help when making a claim. The funding is administered by the Legal Services Commission (LSC) and only those solicitors who are approved by the LSC can be funded via this route.
In order for the LSC to approve the funding of your claim, you have to meet two criteria: first, that you have a strong case with a reasonable chance of winning and second, that you do not have the means to fund it either directly or through a third party (such as insurance). Children are automatically entitled to public funding as they are assessed on their own means, not their parents.
The calculator on the CLS website will indicate whether or not you are eligible for public funding.
No Win, No Fee
This is known as a ‘conditional fee’ arrangement, whereby we only charge fees if we win your claim on your behalf. Normally, if you do win, the defendant (the person and /or body you are suing) will pay the fees. By the same token, if we don’t win, we don’t charge.
In this situation we would analyse your case carefully and only agree to undertake it if we believe that you have a good chance of winning.
Insurance
There are ways of funding a claim ‘after the event’ but it is worth finding out if any of your existing insurance is likely to cover you for legal expenses. For instance if you belong to a trade union or other organised body, this may be included as a membership benefit. Other things worth checking are: household insurance, credit cards, car insurance and, occasionally, motor breakdown cover.
