Funding a case: All your options explained

We provide legal advice to a wide range of people and businesses, each of whom have varying financial situations.

To ensure we can provide access to justice for everyone, regardless of their financial status, which is a fundamental principle of the UK legal system, there are a lot of different funding options at our disposal.

We always listen to the circumstances of your case and assess your personal situation, before giving you any advice about which option is best for you.

No matter what service you require, we are always transparent and will provide a clear explanation about any costs or fees you should expect to incur.

How can a case be funded?

No Win, No Fee

To minimise the financial risks of taking legal action, most of the Clinical Negligence cases we pursue are funded by a Conditional Fee Agreement – often more popularly known as a ‘No Win, No Fee’ case.

When we take on a case in this manner, you will not pay anything towards the cost of bringing your claim, unless you breach the pre-agreed terms of the ‘No Win, No Fee’ agreement, because we share the financial risk with you and only get paid if you are successful.

Should you win the case, we will aim to recover our charges and expenses from the person or party who was at fault. You may have to pay some of these, but the amount is capped and will be deducted from any settlement you receive.

Choosing to pursue a ‘No Win, No Fee’ case, we will give you complete clarity about how much you may be charged from the very beginning of your case, regardless of whether any court fees or expert reports are required.

However, it should be stressed that a ‘No Win, No Fee’ agreement is not the only way to fund a compensation case. If we think other funding options would be better for you, we will consider them and explain which one is the best option.

Legal Expenses Insurance

To avoid incurring excessive costs, we would always advise checking to see if you have any pre-existing legal expenses cover or assistance available.

People are often surprised to find that Legal Expenses Cover is often attached to some other form of insurance, such as household or motor insurance, giving you free access to legal advice and assistance. In some cases, it may be included as part of a bank account or credit card. It is also available as a standalone policy.

Should you have any form of Legal Expenses Cover in place, we will contact your provider to ask if they will fund your case and claim for compensation.

If you do have this type of cover in place, we recommend contacting your insurer as soon as possible as there are often strict time reporting requirements if you wish to utilise the policy.

It is sometimes possible to claim legal expenses cover via your insurer if you (or someone in your household) had Legal Expenses Insurance at the time of the incident, even if you do not have that cover now.

Trade Union Funding

If you or someone in your household are a member of a Trade Union, they may give you access to legal advice and assistance. Sometimes this can help to pursue a case on more favourable terms than instructing us directly.

The provider of any such legal cover may also retain a panel of solicitors to do the work which would impact on our ability to take on instruction in the case.

If you have this type of cover in place and wish to utilise the policy, we recommend contacting your insurer as soon as possible as there are often strict time reporting requirements in place. It may still be possible to claim legal expenses cover if you were a trade union member at the time the incident occurred, even if you are not now.

If you need us to make enquires on your behalf, we will be happy to do so – get in touch and let us know.

Legal Aid

Legal Aid is designed to help people who cannot afford to pay for all or some of their legal costs, an initiative which is backed by the UK government.

Sometimes known as Legal Help, funding for the scheme is provided through the Legal Aid Agency. To qualify for assistance, you must demonstrate that you cannot afford to fund a legal representative.

Only a limited number of specialist law firms can offer Legal Aid and we are one of the largest clinical negligence practices in the North of England with approval to handle Legal Aid cases.

We currently offer Legal Aid for certain types of clinical negligence claims. Typically, these involve children who have suffered a serious neurological injury that has caused a severe life-limiting disability. These are often sustained during a pregnancy, the birth process or in the first eight weeks of their life.

Once we have discussed your case with you and assessed the evidence, we will advise you whether Legal Aid could be available.

Private Funding

As a full-service law firm, we regularly deal with self-funded cases (flat fees and hourly billing) as this is the main way to pay for conveyancing, commercial and business transaction or any areas relating to Wills, Trusts and Probate. Any costs or charges should be fully explained before we commence any work.

When pursuing a medical negligence case or a claim for compensation, we do not usually recommend the option of Private Funding, as all cases carry an element of financial risk. Even if you win, there is no guarantee that you’ll be able to recover all your legal costs from your opponent.

However, everyone is entitled to fund their own case and, if you are considering option, we would advise you to get in touch so we can assess your case and provide a projected breakdown of the potential costs involved.

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