How Is A Clinical Negligence Case Funded?
‘How Is A Clinical Negligence Case Funded?’ Clinical Negligence Solicitor, Alicia Sharman gives an insight into this commonly asked question in her most recent blog …
Clinical negligence cases can be funded in several ways and the funding options often depend on the circumstances of the case. Here we discuss the most common method of funding a Clinical Negligence claim:
Most cases are funded by way of a Conditional Fee Agreement (CFA), often referred to as a ‘No Win No Fee’ arrangement.
Under the terms of a CFA, the solicitor acting for you agrees to take on the litigation risk of pursuing your case on the basis that if the claim is unsuccessful, they will not recover any of their legal costs. This means that you do not pay any solicitors fees if the case does not proceed or is unsuccessful. To be confident about entering into a CFA, the solicitor will conduct a thorough risk assessment of your claim to determine whether there are reasonable prospects of success in your situation, having regard to the appropriate legal tests for proving breach of duty and causation.
Clinical Negligence cases are very complex and involve obtaining evidence from third parties such as medical and other experts. Many third parties who become involved in the claim do not act under a CFA arrangement; they will expect to be paid whether the claim is successful or not. This why an insurance policy is often taken out in conjunction with a CFA.
This insurance is known as an ‘after the event insurance policy’ as it is taken out after the negligence has occurred; i.e. when you decide to instruct your solicitor when it becomes apparent something has gone wrong. Its purpose is to protect you from the risk of having to pay not only the fees of third parties, but also the defendant’s legal costs in certain circumstances if the case is lost. The level of insurance premium will vary depending on the complexity of the case.
How Can Timms Help With Your Clinical Negligence Claim?
Our team are experts in running a wide variety of clinical negligence claims and can provide comprehensive advice regarding your funding options, should you feel that you have a potential claim for clinical negligence. Please contact a.sharman@timms-law.com if you would like further information.
March 2024