Ways of funding your medical negligence claim

The main ways of funding your negligence claim is:

• Legal aid
• Conditional fee agreement (CFA)
• Before event insurance
• After event insurance

Legal aid

This form of funding is based upon the claimant meeting certain requirements which is your financial situation and the likelihood of your claim being successful. For you to qualify for the financial requirement your total income after expenditure e.g. rent, mortgages etc must be below a certain amount. Savings plans would also be considered when showing the final amount.

At times it is very difficult to predict if your case id strong or not without investigating the case, in these type of cases you might be given legal funding to carry out the first few steps of the investigation. The aid given may then later be extended to cover further steps if the claim is strong.

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Conditional fee agreement

With the conditional fee agreement you must pay for the initial investigation fees which could be upwards of £2000, this will be indicated at the time of your first consultation which is free. Once the investigations have been carried out the rest of the claim would be processed under a no win no fee * policy.

The agreement covers you from paying your solicitor fees if you were to lose the claim but if you win the case then the third party will pay your fees.

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After the event insurance

When running a claim under the conditional fee agreement you would have to pay the third party costs if you were to lose the claim. There would be not fees to be paid to us but you would still have to pay for disbursements such as medical records, which is money paid to third parties. If you decide to discontinue the claim once processed you are also liable to pay the third party fees (with medical negligence claims, costs can be huge).

The after event insurance would cover you for the paying the costs which you are liable for if you lose the claim. The premium can be expensive but if the claim is won the amount may be recoverable from the third party.

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Before the event insurance

This is legal expense insurance which you may already have under your household insurance or motor insurance. Find out if the insurance policy that you do have covers ant legal fees for this type of accident. Many have specific insurance which covers them for specifically medical or clinical injury.

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