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Who pays your compensation

Your solicitor will investigate who is responsible for your injuries and compensation in your specific circumstances.  In some cases this will be obvious from the outset, but not always.  If your case is successful and you are awarded compensation by a judge in court or your case is settled in your favour out of court, the defendant will usually pay your compensation.  Exactly who pays will depend on the nature of the case.  Generally, it will be paid by the defendant’s insurer. 

National Health Service Litigation Authority
If your claim arises out of treatment provided at an NHS hospital or by any NHS trust, your compensation will be paid by the National Health Service Litigation Authority ("the NHSLA").  The NHSLA acts like an insurance company for all NHS trusts.

Professional indemnity insurance
GPs and health professionals providing treatment on a private basis are liable for their own actions and therefore will have professional indemnity insurance with a medical defence organisation such as the Medical Defence Union or the Medical Protection Society.  The defence organisation will pay any compensation the insured is held liable for, except for in some rare circumstances.

Road insurance or Motors Insurers’ Bureau
If your injury is because of a road traffic accident, the defendant's insurance company will pay your compensation.  If, however, you have been injured by an uninsured driver or an untraced driver, you should be able to claim compensation via the Motors Insurers' Bureau (“the MIB”).  The MIB is a non-profit-making organisation set up by motor insurers to compensate victims of uninsured or untraced drivers and may also be able to assist with your legal fees.     
Employer or public liability insurance
If your injury was negligently sustained at work or in a public place, your employer’s insurance or public liability insurance should be in place to meet the claim and pay your compensation. 

The question of who will pay your compensation in your specific circumstances will be addressed by your solicitor in more detail.

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