Covering the cost of a negligence case

We are happy to talk to you on a free, no-obligation initial basis. If we can help you with a medical negligence claim, we will talk to you about the best way for you to fund the cost of your case. We understand that the legal cost of bringing a claim is extremely important and a worry for some people initially. 

There are various options for funding a case. It is important that you chose the right option for you so that you are protected financially. Not all options will be right for every client, so we will give you detailed, tailored advice to your specific case and circumstances. We will always be clear about the options open to you and not put you under any pressure.

‘No win no fee agreements’ – Conditional Fee Agreements

We act for most clients under what is commonly known as a ‘no win no fee agreement’.  The technical name is a Conditional Fee Agreement (CFA).  The principle behind all CFAs is that a client who loses their case (i.e. does not win compensation) will not be charged legal fees by their solicitor.  A client who does win compensation will be charged legal fees by their solicitor, but the Defendant to their case will also pay the solicitor’s legal fees.  Solicitors differ in their approach to what they will ask their client to pay – sometimes just the ‘success fee’ but sometimes also the ‘shortfall’ of other standard legal fees if the Defendant dos not pay all of those.  The detail and variations are complicated, but Anthony Collins Solicitors only charges our clients the ‘success fee’, which is capped at no more than 25% of compensation for past financial losses (for example lost earnings since the accident) and General Damages, which is compensation for the actual injury suffered. 

CFAs are often accompanied by a policy of legal expenses insurance to protect clients against specific risks which arise in all compensation claims.  We work with insurance companies and can secure a policy of insurance on your behalf to protect you financially if that is the best option for you.  If a policy of insurance is taken out, the insurance company will only charge you an insurance premium if you win your case.  If you lose, you pay nothing as the premium is self-insured. 

Pre-existing legal expenses insurance

We act for some clients whose car or house insurance company pays the legal costs of their case. We will always ask you to check all of the insurance policies you had in place at the time of your accident to check whether you might have this cover as part of a pre-existing insurance policy. If you do, we will talk to you about the specifics of your policy and help you to decide whether it is the best option for you. If you do have this insurance, you are free to choose the solicitor you want to represent you, even if your insurer says you should use a solicitor of their choosing.

Trade union funding 

Some trade unions will pay the legal costs of a personal injury claim for their members. We will always ask you if you are a member of a trade union. If you are, we will go through this option with you and help you to decide whether it is the best option for you.

Legal aid funding

Unfortunately, legal aid is no longer available for medical negligence claims except when the negligence has arisen during the pregnancy or birth of a child which has resulted in a neurological injury to that child. These are cases where a baby has tragically suffered a brain injury as a result of a negligent delivery or birth.  There are also very rare exceptions when a form of legal aid funding known as “exceptional funding” can be applied for broadly where a point of public importance is raised from a case. We can advise you if your case would be eligible for any legal aid funding at the time of your initial consultation with us. 

Private funding

We act for some clients who chose to pay the legal fees themselves. If they win their case we will seek payment of all of the legal fees from the Defendant, who reimburses our client. It is rare for a client to choose to fund their case privately but in certain circumstances clients decide it is the best option for them.

Supporting you in getting the justice you deserve

If we can help, we will talk to you about the best way forward for you, including funding options open to you. We are also happy to talk to you on a no-obligation basis if you already have a solicitor but would like a second opinion or you are unhappy.

If it helps, we can meet you at home or a neutral venue regardless of where you live. If you choose to instruct us, you will be represented by a solicitor who will be your contact from day one, right the way through to the conclusion, keeping you updated throughout. 

Medical or clinical negligence can be a difficult thing to move on from, especially when it’s not your fault and it’s life-changing. You can rest assured you’d be in the best possible hands – read about the support we’ve provided to other clients in their time of need here. Find out here what happens in a typical negligence compensation case. Whatever your case, please contact us and we will work with you to help you get the justice you deserve.

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A partner in the clinical negligence and personal injury team.