A medical negligence claim (otherwise known as a clinical negligence claim) can be pursued by anyone who has been wrongfully harmed by substandard medical care.
Claims can relate to any area of medicine, although we deal with a large number of birth injury claims, particularly with regards to missed third and fourth degree tears.
However, many people who are legally entitled to make a claim do not do so for fear of the costs involved. Legal fees are often thought to be very expensive and some are worried about having to pay for a solicitor out of their own pocket.
These concerns are perfectly understandable, especially if you have been unwell and have been unable to work.
Nevertheless, the cost of a medical negligence claim should not deter you as it is very likely you will be able to enter into a ‘no win no fee’ agreement. These are also known as condition fee agreements (CFAs).
A CFA is a contract between you and your solicitor. It means that your solicitor will not be paid if your case is unsuccessful. You will not have to pay the other side’s costs as this will be covered by an insurance policy, taken out by your solicitor at the beginning of your claim. The insurance policy is self-insured, so it pays for itself.
So if you lose your claim, you will not have to pay.
If you win your claim, the other side will pay your solicitors fees and the other costs that have been incurred (such as a medical expert’s report). Your solicitor is also entitled to a success fee. Prior to 1 April 2013, this was also paid by the other side. Now it must be deducted from your compensation settlement, although the fee is capped at 25% of your damages.
So if you win your claim, you will not have to pay for anything except your solicitor’s success fee, which will be taken directly from your compensation settlement.
Concerned about the cost of a claim?
If you are worried about the cost of a claim, contact a solicitor to discuss your concerns. This will give you a chance to clarify the situation, ensuring you know exactly what costs might be involved.
If you have been the victim of medical negligence, you have the legal right to access justice. Contact us today to talk to a solicitor about the possibility of making a claim for compensation.