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Medical negligence case costs

Medical negligence – also known as clinical negligence – is any instance a medical professional provides substandard care to a patient by that causes injury or an existing condition to worsen. If you or a loved one have suffered from medical negligence, Leigh Day can help you bring a claim. 
 
When making a claim, you may have questions about the costs involved in a medical negligence case. Here we answer your common queries about medical negligence costs. 

How can I pay for my medical negligence case?

There are four main ways how your case can be funded. They are:
 
  • A Conditional Fee Agreement (‘no win no fee agreement’)
  • Legal Aid 
  • Legal Expenses Insurance 
  • Privately
 
Your solicitor will discuss with you the best way to fund your claim. The methods are explained in more detail below:

Conditional Fee Agreement

We act for most of our clients under a Conditional Fee Agreement (CFA) – also known as a ‘no win no fee agreement’. If your case is unsuccessful then you don’t have to pay us (except in very specific circumstances that your solicitor will discuss with you). If your case is successful, then the majority of your legal costs will be paid by your opponent. Your solicitor will explain exactly how this works in more detail.  

Legal Aid

Some individuals bringing clinical negligence cases are entitled to public funding from the Legal Aid Agency. This is only available to a child who has suffered a neurological injury at, or around, the time of their birth. There is also a means and merits test carried out by the Legal Aid Agency to determine eligibility for legal aid funding. We have a contract to supply legal aid funding in clinical negligence cases and your solicitor can discuss the application process in more detail.  

Legal Expenses Insurance 

You can also fund your clinical negligence case by using a policy of legal expenses insurance, which you might have on your home contents or another insurance policy. We can assist you in contacting your insurer to arrange using this. 

How long does compensation take after a medical negligence case?

There is no set time limit that medical negligence payouts can take to be paid after a case. Usually your payment will come through within 28 days after a case is settled. There are several factors that can affect how long it takes, including the type of settlement. 

Out of court settlement

If your medical negligence claim is resolved without having to go to court, you should receive your payment within 28 days.

Court settlement

If your case needs to go to court, it will take longer to receive your medical negligence case payout. UK court rulings mean the judge decides when you receive your payment. It is usually within 28 days of the order.

Foreign insurance companies

If your case is being settled by a foreign insurance company this can often mean it can take weeks until your payment arrives. The quickest time frame you’re likely to receive payment in is around five working days. This is if your insurance company sends payment as soon as a settlement has been agreed. 

How much will I get for a medical negligence claim?

How much compensation you will receive for a medical negligence claim can vary depending on the severity of the injury and its impact on your life. The amount of compensation you could receive will depend on the extent of your injuries, illness and the negligent treatment received. 
 
Compensation is awarded to acknowledge the physical and emotional pain you have suffered and its impact on your quality of life. 
 
Some examples of typical compensation payouts for medical negligence we have secured at Leigh Day include:
 
  • In excess of £30 million for the lifelong care of a boy starved of oxygen at birth
  • £2.25 million for the life-changing neurological injuries a man suffered when doctors failed to investigate spinal compression after surgery. 
  • A six-figure settlement for a woman whose delayed diagnosis of sarcoma led to life-changing facial injuries. 
  • Five-figure settlement for a first-time mother who suffered depression after delayed surgery.
 

Is medical negligence compensation taxable?

Medical negligence compensation is not taxable in the UK, but it can affect your income if you are on benefits.
 
If the amount of compensation receive increases the value of your savings or other capital to more than £6,000, your eligibility to receive state means tested benefits will be affected. This can include:
 
  • Job seekers allowance
  • Income support
  • Housing benefits
  • Employment and support allowance 
 
If interest is made on top of the compensation you receive for your medical negligence claim, this can be subject to tax. However, it depends on the amount received. This is also the case should you wish to invest your compensation. 

Can home insurance cover medical negligence costs?

Standard home insurance policies generally don’t cover you for medical negligence costs. However, you may be covered if you have an additional policy of legal expenses included in your home insurance. Most standard home insurance tends to exclude both medical negligence claims and injuries caused by cars on your property in their policies though. Check your home insurance policy to see if medical negligence costs are included. 

Ready to talk? Call Leigh Day on 020 7650 1200 for further information on medical negligence cases and costs or

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