CLINICAL NEGLIGENCE CLAIM SETTLEMENTS - FUNDING OPTIONS

When considering whether or not to make a clinical negligence claim one of the primary concerns is who is going to pay for the process. Public funding in the form of legal aid is available for qualifying applicants and for those who do not qualify it may be possible to deal with matters using the no win no fee scheme which may require a financial contribution to cover the cost of expenses and disbursements. There may also be other funding options including insurance cover and trades union membership benefits.

In order to be successful an application for legal aid must fall within the financial parameters dictated by the Legal Services Commission (LSC) which administers and determines legal aid applications. Only applicants on low income will qualify however a clinical negligence claim for someone under the age of 18 years will almost always be eligible for public funding. The following specific points must also be satisfied before an application will succeed :-

• Cost Benefits – The costs involved in a legal action should bear a reasonable relationship to the anticipated gains should the case be won. If the legal costs are anticipated to be double the amount of any award, the two figures do not relate well and the application is unlikely to succeed.
• Prospects of Success – The LSC will expect there to be a better than fifty percent probability of the case being won. If the case is of exceptional importance or damages are likely to be substantial this relationship may be reconsidered.
• Importance of the Case – The LSC must adjudicate on the importance of the case to a reasonable person in the same circumstances without allowing emotions into the equation. This judgment will also include consideration of the consequences involved in not winning compensation as it might be that losing the clinical negligence claim might severely damage the applicant.

If you do not qualify for public funding then the no win no fee system may be available whereby our legal experts are only paid if a clinical negligence claim is won and you gain compensation. Consideration for the no win no fee scheme involves a detailed risk assessment being carried out by the solicitor and may involve the payment of disbursements as and when they are incurred such as court fees and medical records and report charges.

There are some other funding alternatives that may be available to particular individuals :-

• Private funding used to be the norm however private funding is now rarely used due to the availability of the no win no fee scheme.
• Some trades unions will provide members with their own legal aid which can be used to pursue a civil case through the courts. It is definitely worth making enquiries with the union representative.
• Many policies of insurance now cover the cost of legal expenses for pursuing damages claims in the civil court. In particular, household policies should be scrutinised in detail. This cover is known as ‘legal expenses insurance’ (LSI) or ‘before the event’ (BTE) insurance.

We offer a free legal advice service to anyone who wishes to learn more about their situation and discover what options they have to pursue a claim for damages. Simply fill in the contact form and a specialist solicitor will contact you by phone as soon as possible.