Advice for funding a clinical negligence claim

Clinical negligence claims are expensive to investigate because of the fees charged by the medical experts we instruct and it is therefore important that the correct funding is in place to cover these costs, should a claim be investigated. There are four main options when it comes to funding a claim.

We have provided an overview of each option below.

Legal Aid

Changes were made to Legal Aid and from 1st April 2013 and the only cases which will now be eligible for legal aid will be those who have been injured during pregnancy, labour, or the first eight weeks of life if an applicant is also financially eligible. Ison Harrison Solicitors are one of a limited number of law firms who are accredited by the Legal Aid Agency are therefore able to act for clients with Legal Aid. We act for clients Nationwide and we can make an application to the Legal Aid Agency on your behalf.

Legal expenses insurance

You may already have legal expenses insurance. This can cover the cost of a claim and be provided notably by household insurers or Trade Unions. The policy would need to have been in place at the time of the alleged negligence. If this is available, this should be utilised and we can liaise with the insurer on your behalf.

No win no fee medical negligence

Also known as a Conditional Fee Agreement, is how most cases are now funded. If you win, your opponent will pay our fees. There will be some items that you’ll have to pay for, which will be funded from your compensation. For instance, these will include the cost of the insurance we need to take out on your behalf and any success fee that we may charge. However if you lose, you will not be charged.

Private funding

Sometimes a no win no fee clinical negligence arrangement may be inappropriate for your case. If so, and if you don’t have legal expenses insurance and cannot access Legal Aid, then we may agree to carry out an initial investigation for you for a fixed fee. If our investigation is positive, we can then enter into a no win no fee clinical negligence agreement with you.

Please contact us on 0113 284 5000 or for further information and free advice.