Call me back

How to fund a medical negligence claim

13th April 2015

There are 3 ways of funding a medical negligence claim. The first one we would look at is expense insurance: this is something you may already have as part of your home, building and contents policy or perhaps as part of your motor insurance policy.  It is often referred to as family legal protection.

In the event that you don’t have legal protection insurance, we would offer you a conditional fee agreement. A conditional fee agreement is often referred to as no win - no fee.

The third funding we would have to consider is public funding, but this is only available in very limited circumstances.  It is available to children who have suffered a neurological injury within the first 8 weeks of their birth, but nobody else.

If you’re unsuccessful in your claim, you won’t pay anything.  We will take out an ‘after-event’ insurance policy, which will pay up if you lose.  This will cover any costs the defendant may seek from you and any costs we’ve incurred in preparing your case for things like experts fees and court fees. The policy itself has a premium, but the premium is self-insuring, which means that if you’re unsuccessful in your case you don’t have to pay the premium.

If you’re successful in your case, you’ll have to pay the success fee, which is based on the amount of legal costs we’ve incurred. You’ll also have to pay part of the insurance premium, but the majority of it is paid for by the defendant.  But the part you pay, combined with the success fee, would never amount to more than 25% of the total compensation you receive. That is a guarantee that we at Your Legal Friend will give to you.

If you believe that you have received negligent medical treatment but you’re worried about funding your claim, contact Your Legal Friend and we will be happy to discuss your funding options with you.