No Win No Fee Medical Negligence Claims
Devonshires Claims’ medical negligence solicitors handle most claims on a ‘No Win – No Fee‘ basis. Call our claims experts today on 0333 577 9444 or email email@example.com for a free case evaluation and advice on the potential compensation pay-out you could receive.
- What is a ‘No Win No Fee’ claims agreement?
- What if your claim turns out to be unsuccessful?
- How else can I fund my medical negligence claim?
- How do I start a no win no fee medical negligence claim?
- How are Devonshires Claims’ No Win No Fee medical negligence solicitors different from the rest?
What is a ‘No Win No Fee’ claims agreement?
A ‘No Win No Fee’ agreement, which is also called a ‘Conditional Fee Agreement (CFA)’ is an agreement which states that a person’s legal fees will only become payable should a person win their claim.
When considering how to pursue legal action, there are many different options as to how the costs of the legal services can be funded. In medical negligence claims, it is usual to enter into CFA’s which means we will charge you nothing if you are unsuccessful* and charge the majority of your costs to the Defendant if you win**.
If your ‘No Win No Fee’ medical negligence claim is successful, you can expect the following:
1) Your opponent will pay most of your basic legal costs and some other expenses such as court fees, medical reports, and a proportion of the insurance premium required to proceed with your claim.
2) You do not need to make any payments until your compensation claim ends successfully. When the claim is concluded you will be liable to pay a “Success fee” of up to a maximum of 25% of past losses and general damages**.
A ‘No Win No Fee’ claim offers victims of medical negligence the option of beginning a claim for compensation without worrying about upfront solicitors fees.
In situations where we provide a ‘No Win No Fee’ service, clients are usually charged up to a maximum of 25% of the compensation recovered from past losses and general damages**. This is known as the Success Fee.
Success fees recoverable from clients were introduced in April 2013 and since then it has become common practice for solicitors to charge a Success Fee. A Success Fee essentially compensates the solicitor for the risk they take in pursuing claims which may not succeed and also to compensate the solicitors for dealing with claims, without being paid, sometimes for years.
What if your claim turns out to be unsuccessful?
If your claim is unsuccessful then you will not be expected to pay any fees*.
How else can I fund my medical negligence claim?
As well as the No Win No Fee option, there are also other funding options you can choose. We will advise you as to other options available – and you can then decide if a No Win No Fee agreement is the best option for you.
There are several funding types available for medical negligence cases. They include:
- Legal Expenses Insurance (BTE)
- After the event insurance (ATE)
- Trade Union Funding
- Private Funding
Before the Event Legal Expenses Insurance (BTE)
Many people have legal expenses cover but are unaware of it. Please, make sure you thoroughly review all your insurance policies, including vehicle insurance, household insurance, and credit card agreements.
However, BTE insurers will normally not provide freedom of choice of solicitor at the beginning of a claim and therefore you may be told that you should use your insurer’s panel solicitors.
Here at Devonshires Claims we consider our firm to be best placed in terms of expertise and access to experts, barristers etc. to bring a claim more successfully than any BTE insurer and we can work with you to consider how this might be possible.
After the Event Legal Expenses Insurance (ATE)
As part of a no win no fee claims agreement, we recommend a specialist type of insurance to our clients where appropriate.
This insurance is called an “After the Event” Insurance Policy (ATE insurance). This type of insurance provides cover for expenses incurred, e.g. medical reports, court fees etc. during the lifetime of a claim. It does not cover the solicitors’ fees. If the case is unsuccessful, the ATE insurance should cover the disbursements paid by the firm, but not the solicitors’ fees which are then written off. Your solicitor will provide a detailed explanation regarding this type of insurance should it be required.
Trade Union Funding
If you are a member of a trade union, you need to review your membership because it may contain a form of BTE Insurance. It is necessary to check your policies as a ‘no fee no win’ medical negligence claim may lead to a 25% deduction in any compensation you are awarded. As with BTE insurers, often Trade Union Funding can be very restrictive when it comes to who you can instruct and how they will pursue the case for you.
In situations where we cannot act for you on a ‘no win, no fee’ basis, then you can also request that we take on your case on a private retainer. This would involve you agreeing to pay an hourly rate privately for the work done and an amount of upfront costs.
How much compensation am I entitled to?
The compensation awarded will depend on the specific nature of the medical negligence claim. The amount of compensation you will receive is determined by the following factors:
- The gravity of your injury/illness
- How much the injury/illness has affected your life
- The amount of money you’ve lost or will lose because of the negligent treatment
- If you’ll need more support, care or treatment in the future
We feel that medical negligence compensation calculators do not provide an accurate or realistic idea of the amount of compensation that can be expected. Calculating compensation for a victim of medical negligence is a complex process which takes into account a variety of factors.
If you would like a free case evaluation in order to determine whether you have grounds for a case and the potential compensation you could expect, please contact our experts on 0333 577 9444, email firstname.lastname@example.org or complete our online form .
Every year Devonshires Claims’ experts handle many ‘No Win No Fee’ medical negligence claims, therefore, you can rely on us to secure the maximum compensation you deserve and require.
How do I start a ‘No Win No Fee’ medical negligence claim?
If you have decided or are considering bringing a claim for medical negligence contact Devonshires Claims immediately. You can contact us by requesting a call-back, completing the online form or giving us a call.
Our experienced solicitors will contact you to discuss your case in more detail and assess whether you have a potential claim.
If we feel that there are potential grounds for obtaining compensation, we will advise you as to the next steps.
How are Devonshires Claims’ ‘No Win No Fee’ medical negligence solicitors different from the rest?
Devonshires Claims medical negligence solicitors have over 20 years experience in obtaining maximum compensation payments for our clients.
- A free no-obligation case evaluation
- A ‘No Win – No Fee’ compensation agreement.
- Experienced medical negligence solicitors who have supported victims of negligent care, surgery and treatment throughout the NHS and the private sector.
- Access to a network of medical experts and specialist barristers which means that your claim will have the best possible chance of success.
- A friendly and relaxed approach with all clients
- The ability to explain the case and its complexities with clarity
* To bring a claim under a ‘No Win No Fee’ arrangement, you will need to enter into an agreement that’s linked to a suitable insurance policy (if you do not have suitable alternative insurance). We will explain this in more detail before we start your claim.
If your case is ultimately unsuccessful you will not incur any costs; however, there are some situations where exceptions may apply and you may be liable to pay costs even if your case was unsuccessful. This may occur in the following situations:
- the proceedings have been struck out; or
- the claim is fundamentally dishonest; or
- the claim includes a claim for the financial benefit of someone else.
- You terminate your agreement outside of the cancellation period.
** If your claim is successful, the Defendant will be required to pay most of your costs. However, they will not cover all of your basic costs and therefore any shortfall may be charged to you upon successful conclusion of your claim.