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Medical negligence case costs

How can I pay for my case?

There are four main ways in which 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 for you to fund your claim.

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’.  Just as the name suggests, 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.  However, 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 test carried out 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 for this in more detail with you.  

Legal Expenses Insurance 

It is also possible to fund your clinical negligence case by using a policy of legal expenses insurance that you might have on your home contents policy or other insurance policy.  We can assist you in contacting your insurer to arrange use of this policy. 


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